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Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2025
The Evolution of P.L. 86-272’s State Income Tax Immunity for Income Derived from Interstate Commerce
Joint Congressional Committee on Inaugural Ceremonies: History, Membership, and Inaugural Activities
Department of Defense-Minority Business Development Agency November 2024 Memorandum of Understanding
Democracy and Human Rights in U.S. Foreign Policy: Evolution, Tools, and Considerations for Congress
Tax-Exempt Organizations Under Internal Revenue Code Section 501(c): Political Activity Restrictions
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2024
Military Memorials, Monuments, and Museums: Selected Resources for Federal, State, and Local Funding
Mission Critical: Restoring National Security as the Focus of Defense Production Act Reauthorization
The Appointment of Hispanic U.S. Circuit and District Court Judges: Historical Overview and Analysis
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2023
SCOTUS Considers Federal Court Jurisdiction Over Constitutional Challenges to Pending Agency Actions
Trade-Related Agencies: FY2022 Appropriations, Commerce, Science, Justice and Related Agencies (CJS)
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2022
Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National Cemeteries
Congressional Court Watcher: Recent Appellate Decisions of Interest to Lawmakers (May 2–May 8, 2022)
U.S. Army Corps of Engineers Civil Works Infrastructure Financing Program (CWIFP): Status and Issues
ACA Connects v. Bonta: Ninth Circuit Upholds California’s Net Neutrality Law in Preemption Challenge
General State and Local Fiscal Assistance and COVID-19: Eligible Purposes, Allocations, and Use Data
U.S. Global Family Planning and Reproductive Health Programs: Funding Trends and Issues for Congress
Congressional Court Watcher: Recent Appellate Decisions of Interest to Lawmakers (Sept. 20–26, 2021)
OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities: COVID-19 Issues
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2021
Postal Reform Legislation in the 117th Congress: Operational Transparency and Performance Provisions
What Is an Autodialer (Part II)? The Supreme Court (Mostly) Resolves a Robocall Enforcement Question
The Application of Internal Revenue Code Section 280E to Marijuana Businesses: Selected Legal Issues
Trade-Related Agencies: FY2021 Appropriations, Commerce, Science, Justice and Related Agencies (CJS)
The Community Development Block Grant’s Disaster Recovery (CDBG-DR) Component: Background and Issues
Individual Tax Provisions (“Tax Extenders”) Expiring in 2020: In Brief
Six temporary individual income tax provisions were extended or reinstated by the Further Consolidated Appropriations Act, 2020 (P.L. 116-94). In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. These provisions are often referred to as “tax extenders.” Of the six provisions that were extended through 2020, three had expired in 2017 and were extended retroactively. They are the tax exclusion for canceled mortgage debt, the mortgage insurance premium deduction, and the above-the-line deduction for qualified tuition and related expenses. Two of...
Condition of Highway Bridges Continues to Improve
A construction-industry group recently estimated that more than one-third of all U.S. highway bridges need major repairs or replacement, construction work that could cost federal, state, and local governments about $164 billion. When compared to total bridge capital spending of about $17 billion per year, of which roughly $7 billion is federal support, some might consider this bridge investment “backlog” to be a significant budgetary challenge. Others say the situation is probably not as dire as this analysis suggests. The data used in that estimate, published every year by the Federal...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), signed into law on March 27, 2020, included direct payments to individuals—referred to in the law as “2020 recovery rebates.” The Internal Revenue Service (IRS) refers to the payments issued in 2020 as economic impact payments (EIPs), whereas some media reports call them “stimulus payments.” The recovery rebates are tax credits administered by the IRS. For more information on these payments, see CRS Insight IN11282, COVID-19 and Direct Payments to Individuals: Summary of the 2020 Recovery Rebates/Economic...
COVID-19: Summary of the Direct Payments Proposed in the HEROES Act (H.R. 6800)
The Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act; H.R. 6800), as passed by the House on May 15, 2020, proposes new direct payments to individuals, which the bill text refers to as “additional recovery rebates to individuals.” Direct payments were included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), which was signed into law on March 27, 2020. This Insight provides a brief overview of the additional direct payments included in the HEROES Act. (The HEROES Act would also modify the direct payments in the CARES Act. These...
Coronavirus Disease 2019 (COVID-19) Pandemic: CRS Experts
On December 31, 2019, the World Health Organization (WHO) was informed of a cluster of pneumonia cases in Wuhan, China. Illnesses have since been linked to a new strain of coronavirus, designated Coronavirus disease 2019, or COVID-19. The disease has spread to many other countries, including the United States. The situation is rapidly changing, and both WHO and the U.S. Centers for Disease Control and Prevention (CDC) post frequent updates. CRS products on the outbreak are available under the “Coronavirus Resources” banner at https://www.crs.gov/.
Suspension of the Rules: House Practice in the 115th Congress (2017-2018)
Suspension of the rules is the most commonly used procedure to call up measures on the floor of the House of Representatives. As the name suggests, the procedure allows the House to suspend its standing and statutory rules in order to consider broadly supported legislation in an expedited manner. More specifically, the House temporarily sets aside its rules that govern the raising and consideration of measures and assumes a new set of constraints particular to the suspension procedure.
The suspension of the rules procedure has several parliamentary advantages: (1) it allows non-privileged...
The respective House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and certain related agencies. This report describes action on FY2020 annual appropriations for THUD, including detailed tables for each major agency, and including the effect of the CARES supplemental appropriations act, signed into law on March 27, 2020, on DOT and HUD budget authority.
The 2020 Renewable Fuel Standard (RFS): COVID-19 Impacts
Ongoing COVID-19 mitigation measures may impact the Renewable Fuel Standard (RFS)—a mandate requiring U.S. transportation fuel to contain renewable fuel. Since the beginning of the pandemic, transportation fuel demand has dropped significantly, compared to January through early March 2020 and to projections made when the 2020 volume requirements were finalized. Significant changes in fuel demand and other effects of the pandemic could affect both the implementation of the RFS and the impacts of compliance with the 2020 standard, particularly given the present-day uncertainties with...
Congress includes measures in annual appropriations legislation requiring the Secretary of State to bar certain foreign corrupt officials (kleptocrats) and human rights violators and their immediate family members from entry into the United States. Following a brief introduction, this CRS report provides a chronological list of such publicly designated individuals under Section 7031(c) of annual appropriations for the Department of State, Foreign Operations, and Related Programs (SFOPS). A complete list of public designations pursuant to Section 7031(c) may be relevant as Congress...
Child Support Enforcement-Led Employment Services for Noncustodial Parents: In Brief
The Child Support Enforcement (CSE) program is a federal-state partnership that seeks to ensure child support is a regular source of income for families. The program transfers financial support from a noncustodial parent (NCP) to a child’s primary caretaker (usually a custodial parent). Nearly two-thirds of participating custodial families report having incomes below 200% of the federal poverty threshold. The CSE program collects about two-thirds of the current support that is due each year, with the remainder that is unpaid becoming arrears (i.e., past-due support).
Many NCPs who do not...
Judiciary Appropriations, FY2020
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) appropriations bill. The bill provides funding for the U.S. Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; U.S. courts of appeals and district courts; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; federal defender organizations that provide legal representation to defendants financially unable to retain counsel in federal criminal proceedings; security and protective...
Bribery, Kickbacks, and Self-Dealing: An Overview of Honest Services Fraud and Issues for Congress
As the trials of state legislators Sheldon Silver and Dean Skelos illustrate, corruption among high-profile public officials continues to be a concern in the United States. Likewise, recent examples abound of powerful executives and others in roles of authority abusing positions of trust for personal gain. Faced with this reality, Congress has shown consistent interest in policing public- and private-sector corruption, enacting a number of criminal provisions aimed at holding corrupt officials accountable for their actions under federal law. However, one of federal prosecutors’ most potent...
COVID-19 Alternate Care Sites (ACSs): Role and Activities of the U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers (USACE) provides engineering services and capabilities in support of national interests. As part of its overall mission, USACE prepares for and responds to national emergencies in support of the Department of Defense and other federal agencies and efforts. In response to the Coronavirus Disease 2019 (COVID-19) pandemic emergency, the Federal Emergency Management Agency (FEMA) had assigned USACE missions totaling $1.8 billion as of mid-May 2020, which have led to USACE
assessing over 1,000 sites for potential use as alternate care sites (ACSs, also called...
COVID-19: Defense Production Act (DPA) Developments and Issues for Congress
The White House is employing the Defense Production Act of 1950 (DPA) in response to the Coronavirus Disease 2019 (COVID-19) pandemic to facilitate the production and availability of essential goods, supplies, and services. This Insight considers recent DPA actions and associated policy considerations for Congress. It is a companion to CRS Insights IN11337, IN11280, and IN11231. See CRS Report R43767 for a more in-depth discussion of DPA history and authorities.
New DPA Actions in Response to COVID-19
Since April 15, eight DPA actions have been made public:
According to Federal...
FY2020 Defense Appropriations Act: P.L. 116-93 (H.R. 2968, S. 2474, H.R. 1158)
The FY2020 Defense Appropriations Act, enacted as Division A of H.R. 1158, the Consolidated Appropriations Act for FY2020, provides a total of $687.8 billion in discretionary budget authority, all to fund activities of the Department of Defense (DOD), except for $1.1 billion for certain activities of the intelligence community. As enacted, the bill provides 99.6% of the funding requested by President Trump requested for programs falling within the scope of this bill.
FY2020 RequestHouse-passed H.R. 2968Senate Committee-Reported S. 2474Enacted P.L. 116-93 Division A Base Budget$526.6...
Tax Cuts and Economic Stimulus: How Effective Are the Alternatives?
The economic effects of the Coronavirus Disease 2019 (COVID-19) pandemic has led Congress to enact general fiscal stimulus in the form of tax cuts and spending increases. Further stimulus may be considered. This report discusses tax cuts enacted during the Great Recession, as well as those recently enacted and those under consideration.
In response to the Great Recession several types of tax cuts were debated as possible fiscal stimulus—with fiscal stimulus legislation enacted in February 2008 (P.L. 110-185) and a much larger one in February 2009 (P.L. 111-5). Both bills included...
Establishment and History
The Office of the Attending Physician (OAP) was established in 1928, after the House agreed to a resolution on December 5, 1928, requesting the Secretary of the Navy detail a medical officer to the House (H.Res. 253, 70th Congress).
On April 7, 1930, the Senate agreed to a concurrent resolution (S.Con.Res. 14, 71st Congress) extending the services of the Attending Physician to both chambers. Although the House never considered the concurrent resolution, the OAP began serving both the House and the Senate at that time.
Since the initial appointment in 1928, the...
Congressionally Mandated Reports: Overview and Considerations for Congress
Congress frequently requires the President, departments, agencies, and other entities of the federal government to transmit reports, notifications, studies, and other information on a specified timeline. Reporting requirements may direct agency officials to notify Congress or its committees of forthcoming actions or decisions, describe actions taken on a particular matter, establish a plan to accomplish a specified goal, or study a certain problem or concern.
Reporting requirements may be designed to serve a range of purposes that facilitate congressional oversight of the executive branch...
Novel Coronavirus 2019 (COVID-19): Q&A on Global Implications and Responses
In December 2019, hospitals in the city of Wuhan in China’s Hubei Province began seeing cases of pneumonia of unknown origin. Chinese health authorities ultimately connected the condition, later named coronavirus disease 2019 (COVID-19), to a previously unidentified strain of coronavirus. The disease has spread to almost every country in the world, including the United States. WHO declared the outbreak a Public Health Emergency of International Concern on January 30, 2020; raised its global risk assessment to “Very High” on February 28; and labeled the outbreak a “pandemic” on March 11....
COVID-19 and Public Water Service Continuity
The Coronavirus Disease 2019 (COVID-19) pandemic has increased attention to several issues regarding the provision of public water services. These include long-standing water-rate affordability concerns, the importance of clean water to public health, and the financial sustainability of some public water systems (whether publicly or privately owned). The spread of COVID-19 has raised specific concerns regarding the continuity of residential water services needed to support hand-washing and other public health measures—particularly as more customers may become unable to pay water bills...
How Social Security Benefits Are Computed: In Brief
Social Security, the largest program in the federal budget (in terms of outlays), provides monthly cash benefits to retired or disabled workers and their family members as well as to the family members of deceased workers. In 2019, benefit outlays were approximately $1,048 billion, with roughly 64 million beneficiaries and 178 million workers in Social Security-covered employment. Under current law, Social Security’s revenues are projected to be insufficient to pay full scheduled benefits after 2035.
Monthly benefit amounts are determined by federal law. Social Security is of ongoing...
Hazard Pay and the COVID-19 Pandemic: Issues and Options
A number of policymakers have expressed interest in providing essential workers at risk of exposure to COVID-19 with additional compensation, or hazard pay. The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act (H.R. 6800), introduced on May 12, 2020, would create a fund for “pandemic premium pay” for essential workers. This Insight highlights some of the policy considerations should a hazard pay policy be pursued, as well as federal government options for supporting hazard pay.
What is Hazard Pay?
Hazard pay is a type of premium pay for individuals performing work...
CDBG-DR Funding and Oversight: Puerto Rico
In March 2020, the Department of Housing and Urban Development’s (HUD’s) Office of the Inspector General (OIG) released a report of findings from its audit of the Puerto Rico Department of Housing’s (PRDOH; also known as Departamento de la Vivienda, or Vivienda) capacity to administer funds under the Community Development Block Grant program for disaster recovery (CDBG-DR). The audit assessed (1) PRDOH’s compliance with HUD regulations and requirements in administering CDBG-DR funds, and (2) the existence of financial and procurement policies and procedures consistent with federal...
COVID-19: U.S. Economic Effects
This Insight discusses the current and projected effects of the Coronavirus Disease 2019 (COVID-19) pandemic on the U.S. economy. For effects on the world economy, see CRS Report R46270, Global Economic Effects of COVID-19, coordinated by James K. Jackson.
The economic impacts of COVID-19 since March 2020 have been large and dramatic, with impact disparities between various sectors and regions. In the United States, fear of infection, social distancing, and various states’ stay-at-home orders prompted business closures and severe declines in U.S. demand for travel, accommodations,...
Domestic Public Health Response to COVID-19: Current Status
The Coronavirus Disease 2019 (COVID-19) pandemic is affecting communities throughout the United States, with total case counts growing daily. More than 1.3 million cases, including more than 82,000 deaths, have been reported in the United States. Containment and mitigation efforts by federal, state, and local governments have been undertaken to “flatten the curve”—that is, to slow widespread transmission that could overwhelm the nation’s health care system. Currently, “social distancing” restrictions that have been in place for almost two months are being eased in some jurisdictions as...
The Impact of COVID-19-Related Forbearances on the Federal Mortgage Finance System
One of the major economic impacts of the Coronavirus Disease 2019 (COVID-19) pandemic has been loss of income, which has left many Americans unable to repay their financial obligations—including their mortgage payments. In response, regulators have encouraged financial institutions to work with customers to allow them to defer payments on mortgages through a process known as forbearance. Provisions in the CARES Act (P.L. 116-136) require mortgage servicers to provide several months of forbearance to borrowers (at the borrowers’ requests, after they demonstrate a COVID-19-related financial...
Attempt: An Abbreviated Overview of Federal Criminal Law
Attempt is the incomplete form of some other underlying offense. Unlike state law, federal law does not feature a general attempt statute. Instead, federal law outlaws the attempt to commit a number of federal underlying offenses on an individual basis. Occasionally, federal law treats attempt-like conduct as an underlying offense; outlawing possession of drugs with intent to traffic, for instance. One way or another, it is a federal crime to attempt to commit nearly all of the most frequently occurring federal offenses.
Attempt consists of two elements. One is the intent to commit the...
National Park Service Deferred Maintenance: Frequently Asked Questions
This report addresses frequently asked questions about the National Park Service’s (NPS’s) backlog of deferred maintenance—maintenance that was not performed as scheduled or as needed and was put off to a future time. NPS’s deferred maintenance, also known as the maintenance backlog, was estimated for FY2018 (the most recent year available) at $11.920 billion. More than half of the NPS backlog is in transportation-related assets. Other federal land management agencies also have maintenance backlogs, but NPS’s is the largest and has drawn the most congressional attention.
During the past...
COVID-19 and China: A Chronology of Events (December 2019-January 2020)
In Congress, multiple bills and resolutions have been introduced related to China’s handling of a novel coronavirus outbreak in Wuhan, China, that expanded to become the coronavirus disease 2019 (COVID-19) global pandemic. This report provides a timeline of key developments in the early weeks of the pandemic, based on available public reporting. It also considers issues raised by the timeline, including the timeliness of China’s information sharing with the World Health Organization (WHO), gaps in early information China shared with the world, and episodes in which Chinese authorities...
The Strategic Petroleum Reserve: Background, Authorities, and Considerations
Crude oil price volatility has consequences for the U.S. and global economy. The Strategic Petroleum Reserve (SPR), the U.S. stockpile of petroleum, has played a role in U.S. energy policy for over 40 years. The need for a stockpile of petroleum to help protect against supply disruptions became apparent after the 1973-1974 Arab oil embargo, during which time the average price of imported crude oil tripled.
The oil embargo also fostered the establishment of the International Energy Agency (IEA), an intergovernmental organization, and the development of coordinated plans and measures among...
CRS Products and Experts on North Korea
North Korea has posed one of the most persistent U.S. foreign policy challenges of the post-Cold War period. With recent advances in its nuclear and missile capabilities under leader Kim Jong-un, North Korea (officially the Democratic People’s Republic of Korea, or DPRK) has become a grave security threat to the United States and its allies. U.S.-DPRK relations became particularly tense in 2016 and 2017, when North Korea conducted scores of missile tests and three nuclear weapons tests, prompting the United States to expand unilateral sanctions and to lead the United Nations to expand...
U.S. Postal Service Financial Condition and Title VI of the CARES Act
In its latest response to concerns about the financial condition of the United States Postal Service (USPS), Congress added a provision to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136, Section 6001) expanding USPS’s authority to borrow from the Treasury. This comes at a time when USPS is delivering important information and products in connection with the ongoing COVID-19 pandemic, including economic impact payments, census mailings, mail-in election ballots, and vital medicines.
The CARES Act borrowing authority raises new questions about USPS’s fiscal...
Intellectual Property Rights and International Trade
This report provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works. They may take forms such as patents, trade secrets, copyrights, trademarks, or geographical indications (GIs). Congress has constitutional responsibility for legislating and overseeing IPR and international trade policy. Responsibility for developing IPR...
COVID-19: The Employee Retention Tax Credit
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes an employee retention payroll tax credit intended to help businesses retain employees during the Coronavirus disease 2019, or COVID-19, public health emergency. Employee retention remains a policy concern, as a number of economic sectors have announced layoffs resulting from the COVID-19 induced economic fallout. Unemployment insurance claims have surged following these widespread layoffs. This Insight summarizes the employee retention tax credit in the CARES Act, makes comparisons to previous employee...
Business Interruption Insurance and COVID-19: State Legislative Initiatives
One of the most significant challenges currently facing businesses is the loss of revenue as a result of the coronavirus (COVID-19) pandemic and subsequent stay-at-home orders. Businesses across all sectors are incurring losses, and those with business interruption insurance (BI) are submitting claims to their insurers. However, both individual insurance carriers and the industry as a whole have asserted that BI claims related to COVID-19 are not covered, either because there has been no physical damage to the property or because the policy expressly excludes coverage for viruses, or both....
Low Oil Prices May Trigger Certain Tax Benefits, but Not Others
Benchmark crude oil prices—such as U.S. West Texas Intermediate (WTI)—have steeply declined since January 2020. Oil market oversupply, the result of COVID-19 travel restrictions and increased global supply levels in March and April, has exerted downward pressure on prices. Although the duration of low oil prices is uncertain, price levels for the remainder of 2020 may largely be a function of demand recovery, supply adjustments, and return to a balanced market. Energy Information Administration (EIA) price forecasts, as of April 2020, indicate that WTI spot prices may average just over $29...
Business Interruption Insurance and COVID-19: Federal Legislative Initiatives
Many businesses across all sectors are experiencing disruption and incurring losses from the Coronavirus Disease 2019 (COVID-19) pandemic. The pandemic has stirred a debate among insurers, policyholders, and other stakeholders about who will be responsible for the losses that companies face from widespread shutdowns. This Insight will focus on efforts at the federal level to address business interruption (BI) insurance coverage for COVID-related shutdown losses. Insurance is primarily regulated at the state level, and there are efforts in a number of states providing for coverage of BI...
Community Bank Leverage Ratio (CBLR): Background and Analysis of Bank Data
Capital allows banks to withstand losses (to a point) without failing, and regulators require banks to hold certain minimum amounts. These requirements are generally expressed as ratios between balance sheet items, and banks (particularly small banks) indicate that reporting those ratios can be difficult. Capital ratios fall into one of two main types—simpler leverage ratios and more complex risk-weighted ratios. A leverage ratio treats all assets the same, whereas a risk-weighted ratio assigns assets a risk weight to account for the likelihood of losses.
In response to concerns that small...
COVID-19: Overview of FY2020 LHHS Supplemental Appropriations
The legislative response to the global pandemic of Coronavirus Disease 2019 (COVID-19) has included the enactment of laws to provide authorities and supplemental funding to prevent, prepare for, and respond to the pandemic. This report focuses on supplemental FY2020 discretionary appropriations provided to programs and activities traditionally funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill.
As of the date of this report, LHHS supplemental appropriations for COVID-19 response have been provided in four separate...
Funding and Financing Highways and Public Transportation
For many years, federal surface transportation programs were funded almost entirely from taxes on motor fuels deposited in the Highway Trust Fund. The tax rates, which are fixed in terms of cents per gallon, have not been increased at the federal level since 1993. Meanwhile, motor fuel consumption is projected to decline due to improved fuel efficiency, increased use of electric vehicles, and slow growth in vehicle miles traveled. In consequence, revenue flowing into the Highway Trust Fund has been insufficient to support the surface transportation program authorized by Congress since...
U.S.-Iran Conflict and Implications for U.S. Policy
Since May 2019, U.S.-Iran tensions have heightened significantly, and evolved into conflict after U.S. military forces killed Qasem Soleimani, the commander of the Iran’s Islamic Revolutionary Guard Corps-Quds Force (IRGC-QF) and one of Iran’s most important military commanders, in a U.S. airstrike in Baghdad on January 3, 2020. The United States and Iran have appeared to be on the brink of additional hostilities since, as attacks by Iran-backed groups on bases in Iraq inhabited by U.S. forces have continued.
The background to the U.S.-Iran tensions are the 2018 Trump Administration...
COVID-19, U.S. Agriculture, and USDA’s Coronavirus Food Assistance Program (CFAP)
As COVID-19 has spread throughout the United States, it has reduced domestic economic activity and disrupted domestic and international supply chains for goods and services, including food and agricultural products. These disruptions have produced an immediate and very strong demand shock on the U.S. food supply chain that has sent many commodity prices sharply lower.
The food supply chain refers to the path that raw agricultural commodities take from the farm where they are produced, through the food processing and distribution network to the consumer where they are used. Supply chain...
Military Funding for Border Barriers: Catalogue of Interagency Decisionmaking
The Department of Defense (DOD, or the Department) has contributed $6.1 billion to the construction of new and replacement barriers along the U.S.-Mexico border in support of the Department of Homeland Security (DHS) by invoking a mixture of statutory and nonstatutory authorities. Congressional concerns surrounding the use of these authorities and the further possibility that DOD’s actions may jeopardize legislative control of appropriations has generated interest about the decisionmaking process that drove the Department’s funding decisions.
DOD has not generally made internal and...
COVID-19: Supply Chain Disruptions in the U.S. Fruit and Vegetable Industry: In Brief
In mid-March 2020, the foodservice industry, which accounts for a substantial share of the produce industry’s sales, was largely shut down as most states closed all but essential businesses in response to the coronavirus (COVID-19) public health emergency. This situation resulted in major supply chain disruptions for the U.S. produce industry.
Unauthorized Immigrants’ Eligibility for COVID-19 Relief Benefits: In Brief
This report discusses unauthorized immigrants’ (aliens’) eligibility for federal benefits generally and for COVID-19-related relief programs specifically. After a brief discussion of Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193), this report explores unauthorized immigrants’ access to selected programs in the Families First Coronavirus Response Act (FFCRA; P.L. 116-127) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), both passed in March 2020 in response to the COVID-19 pandemic. This...
Medicaid Recession-Related FMAP Increases
Medicaid is jointly financed by the federal government and the states. States incur Medicaid costs by making payments to service providers (e.g., for doctor visits) and performing administrative activities (e.g., making eligibility determinations), and the federal government reimburses states for a share of these costs. The federal government’s share of a state’s expenditures for most Medicaid services is called the federal medical assistance percentage (FMAP). The FMAP varies by state and is inversely related to each state’s per capita income. For FY2020, FMAP rates range from 50% (13...
Mortgage Servicing Rights and Selected Market Developments
After a single-family mortgage has been originated, a mortgage servicer receives a fee to perform various administrative tasks—collecting and remitting the principal and interest payments to the mortgage lender; managing the borrower’s escrow account; processing the loan title once paid in full; and administering loss mitigation (e.g., forbearance plans) or foreclosure resolution on behalf of the lender if the borrower falls behind or fails to make full payment. Just as a mortgage is an asset for a lender, the right to earn income for servicing a mortgage is an asset for the mortgage...
The global carbon cycle is the process by which the element carbon moves between the air, land, ocean, and Earth’s crust. The movement of increasing amounts of carbon into the atmosphere, particularly as greenhouse gases, is the dominant contributor to the observed warming trend in global temperatures. Forests are a significant part of the global carbon cycle, because they contain the largest store of terrestrial (land-based) carbon and continuously transfer carbon between the terrestrial biosphere and the atmosphere. Consequently, forest carbon optimization and management strategies are...
Transportation Spending Under an Earmark Ban
In the 112th Congress (2011-2012), the House and Senate began observing a moratorium on earmarks. Earmarks—formally known as congressionally directed spending—directed a significant amount of federal transportation spending prior to the ban. This report discusses how federal highway, transit, rail, and aviation funding were distributed before and after the earmark ban, and how Members of Congress might influence the distribution with a ban in place.
House Rule XXI uses the term “congressional earmark” while Senate Rule XLIV uses the term “congressionally directed spending,” but they...
Patient Protection and Affordable Care Act (ACA): Resources for Frequently Asked Questions
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) had numerous provisions affecting private health insurance and public health coverage programs. This report provides resources to help congressional staff respond to constituents’ frequently asked questions (FAQs) about the ACA. It lists selected resources regarding consumers, employers, and other stakeholders, with a focus on federal sources. It also lists Congressional Research Service (CRS) reports that summarize the ACA’s provisions.
The Coronavirus Disease 2019 (COVID-19) pandemic has raised questions among...
North Korea: A Chronology of Events from 2016 to 2020
This report provides a detailed chronology of events relevant to U.S. relations with North Korea from January 2016, when North Korea conducted its fourth nuclear test, through the end of March 2020. (For background, the chronology includes a number of milestone events before 2016.) That nuclear test launched a new period of concentrated attention on North Korea (officially the Democratic People’s Republic of Korea, or DPRK). The Obama and Trump Administrations made denuclearization of North Korea one of their top foreign policy priorities, and Congress has devoted considerable attention to...
Congress is considering federal funding for infrastructure to revive an economy damaged by Coronavirus Disease 2019 (COVID-19). Congress previously provided infrastructure funding for economic stimulus in the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5). Enacted on February 17, 2009, ARRA was a response to the “Great Recession” that officially ran from December 2007 through June 2009. This report discusses the economic impact of the transportation infrastructure funding in ARRA.
ARRA provided $48.1 billion for programs administered by the U.S. Department of...
COVID-19: Role of the International Financial Institutions
The international financial institutions (IFIs), including the International Monetary Fund (IMF), the World Bank, and regional and specialized multilateral development banks, are mobilizing unprecedented levels of financial resources to support countries responding to the health and economic consequences of the COVID-19 pandemic.
More than half of the IMF’s membership has requested IMF support, and the IMF has announced it is ready to tap its total lending capacity, about $1 trillion, to support governments responding to COVID-19.
The World Bank has committed to mobilizing $160 billion...
Noncitizens and Eligibility for the 2020 Recovery Rebates
Some policymakers have expressed concern that certain individuals, including some immigrants (referred to as noncitizens, foreign nationals, or aliens in law and throughout this Insight), are ineligible for direct payments under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). The statute refers to these payments as 2020 recovery rebates. The Internal Revenue Service (IRS) refers to these payments issued in 2020 as Economic Impact Payments. For more detailed information on these payments, see CRS Insight IN11282, COVID-19 and Direct Payments to Individuals:...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) created PPP loans to provide short-term, economic relief to
businesses eligible to participate in the SBA’s 7(a) loan guarantee program, and
any business (including self-employed individuals or independent contractors), 501(c)(3) nonprofit organization, 501(c)(19) veteran’s organization, or tribal business not currently eligible that has not more than 500 employees or, if applicable, the SBA’s size standard for the industry in which it operates.
PPP loans can be used to cover payroll expenses and other...
Federal Response to COVID-19: Department of Veterans Affairs
The Department of Veterans Affairs (VA) provides a range of benefits to eligible veterans and their dependents. The department carries out its programs nationwide through three administrations and the Board of Veterans’ Appeals (BVA).
The Veterans Health Administration (VHA) is responsible for health care services and medical and prosthetic research programs.
The Veterans Benefits Administration (VBA) is responsible for, among other things, providing disability compensation, pensions, and education assistance.
The National Cemetery Administration (NCA) is responsible for maintaining...
COVID-19 and the Indian Health Service
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. In FY2019, IHS provided health care to approximately 2.6 million eligible American Indians/Alaska Natives. Its total FY2020 annual appropriation was $6.2 billion. As of April 30, IHS has seen more than 3,000 positive tests for coronavirus among its service population. In particular, the Navajo Nation has experienced one of the largest outbreaks nationally.
IHS Is a Three-Tiered System with Resource...
The Prior Practice of Proxy Voting in House Committee
In order to increase physical distancing in response to the COVID-19 pandemic, the House scheduled consideration of a resolution during the week of April 20, 2020, that would have temporarily authorized the use of “proxy” voting on the chamber floor. Speaker Nancy Pelosi subsequently indicated that consideration of the resolution was postponed pending an examination by a bipartisan task force of options to facilitate remote participation by Representatives in committee and floor business.
The recent focus on proxy voting has led to interest in the history of the practice in the House....
U.S. Funding to the World Health Organization (WHO)
On April 14, 2020, President Donald Trump announced that the United States would suspend funding to the World Health Organization (WHO), pending a 60- to 90-day review, because of WHO’s “role in severely mismanaging and covering up the spread of the coronavirus.” The United States, the largest government contributor to WHO, is currently assessed 22% of the organization’s core budget (an estimated $122.6 million for FY2020). The United States also provides voluntary funding to WHO, with amounts varying per year depending on U.S. priorities and global health needs. U.S. voluntary...
Veto Threats and Vetoes in the George W. Bush and Obama Administrations
The Framers checked congressional legislative power by providing the President the power to veto legislation and, in turn, checked the President’s veto power by providing Congress a means to override that veto. Over time, it has become clear that the presidential veto power, even if not formally exercised, provides the President some degree of influence over the legislative process. Most Presidents have exercised their veto power as a means to influence legislative outcomes. Of 45 Presidents, 37 have exercised their veto power.
This report begins with a brief discussion of the ways...
Federal Health Centers and COVID-19
Federal health centers are outpatient health facilities that are required to be located in Health Professional Shortage Areas (HPSAs) and are required to provide care to all residents of their service area regardless of their ability to pay. The health center program is administered by the Health Resources and Services Administration (HRSA), within the Department of Health and Human Services, and is authorized in Section 330 of the Public Health Service Act. The program helps to support more than 1,400 community-based health centers operating over 12,000 delivery sites across the country....
Temporary Deferment of Import Duty Payments
On April 18, 2020, President Donald J. Trump issued Executive Order 13916 to provide the Secretary of the Treasury temporary emergency authority under Section 318(a) of the Tariff Act of 1930 (19 U.S.C. 1318(a), as amended) to extend deadlines for certain estimated payments of taxes, duties, and fees “for importers suffering significant financial hardship because of COVID-19.” Section 318(a) allows the President to authorize the Secretary of the Treasury to extend payment deadlines during a period of national emergency proclaimed pursuant to the National Emergencies Act.
Following the...
SBA EIDL and Emergency EIDL Grants for COVID-19
Congress increased eligibility for certain businesses and organizations for Small Business Administration (SBA) economic injury disaster loans (EIDL) and established an Emergency EIDL Grant program under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) to provide short-term, economic relief to certain small businesses and nonprofits affected by COVID-19. This Insight provides a brief overview of EIDL, including eligibility and loan terms. It also provides an overview of Emergency EIDL Grants, and describes how EIDL can be used in conjunction with Paycheck...
COVID-19 Disrupts U.S. Meat Supply; Producer Prices Tumble
U.S. livestock and poultry producers entered 2020 with an optimistic outlook for prices and income. Then in mid-March the food service sector, which accounts for a substantial share of meat consumption, was largely shut down as most states closed all but essential businesses. A temporary surge in retail meat purchases offset some of the reduction in food service demand. However, in early April, the situation worsened for producers as COVID-19 outbreaks began spreading in meatpacking plants around the United States, disrupting meat processing and leading to some shortages of meat products...
The Office of Technology Assessment: History, Authorities, Issues, and Options
Congress established the Office of Technology Assessment (OTA) as a legislative branch agency by the Office of Technology Assessment Act of 1972 (P.L. 92-484). OTA was created to provide Congress with early indications of the probable beneficial and adverse impacts of technology applications. OTA’s work was to be used as a factor in Congress’ consideration of legislation, particularly with regard to activities for which the federal government might provide support for, or management or regulation of, technological applications.
The agency operated for more than two decades, producing...
The Renewable Electricity Production Tax Credit: In Brief
The renewable electricity production tax credit (PTC) is a per-kilowatt-hour (kWh) tax credit for electricity generated using qualified energy resources. The credit expires at the end of 2020, so that only projects that began construction before the end of 2020 qualify for tax credits. Since the PTC is available for the first 10 years of production at a qualified facility, PTCs will continue to be claimed after the PTC’s stated expiration date. Whether the PTC should be extended, modified, or allowed to expire as scheduled is an issue Congress may choose to consider.
Most recently, the...
Selected Health Provisions in Title III of the CARES Act (P.L. 116-136)
The global pandemic of Coronavirus Disease 2019 (COVID-19) is affecting communities around the world and throughout the United States, with the number of confirmed cases and fatalities growing daily. Containment and mitigation efforts by U.S. federal, state, and local governments have been undertaken to “flatten the curve”—that is, to slow the widespread transmission that could overwhelm the nation’s health care system.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) was enacted on March 27, 2020. It is the third comprehensive law enacted in 2020 to address...
Health Care-Related Expiring Provisions of the 116th Congress, Second Session
This report describes selected health care-related provisions that are scheduled to expire during the second session of the 116th Congress (i.e., during calendar year [CY] 2020). For purposes of this report, expiring provisions are defined as portions of law that are time-limited and will lapse once a statutory deadline is reached, absent further legislative action. The expiring provisions included in this report are those related to Medicare, Medicaid, the State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities. The report also includes...
Fintech: Overview of Financial Regulators and Recent Policy Approaches
New technologies in the financial services sector can create challenges for the various federal agencies responsible for financial regulation in the United States. As these regulators address the potential benefits and risks of innovation, policymakers have demonstrated significant interest in understanding the types of technologies that may benefit consumers and financial markets while identifying the risks that new financial services may present. As Congress considers the potential tradeoffs of financial technology or fintech, it can be useful to understand how the financial system...
The Pandemic Response Accountability Committee: Organization and Duties
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) created a new federal entity, the Pandemic Response Accountability Committee (PRAC), to “conduct and support oversight” of the federal government’s response to the COVID-19 pandemic and promote transparency.
This Insight provides an introduction to the organization and duties of the PRAC.
Organization
Section 15010(b) of the CARES Act establishes the PRAC within the Council of Inspectors General on Integrity and Efficiency (CIGIE), the oversight and coordination body for the inspector general community. The...
Fintech: Overview of Innovative Financial Technology and Selected Policy Issues
Advances in technology allow for innovation in the ways businesses and individuals perform financial activities. The development of financial technology—commonly referred to as fintech—is the subject of great interest for the public and policymakers. Fintech innovations could potentially improve the efficiency of the financial system and financial outcomes for businesses and consumers. However, the new technology could pose certain risks, potentially leading to unanticipated financial losses or other harmful outcomes. Policymakers designed many of the financial laws and regulations...
The Federal Contraceptive Coverage Requirement: Past and Pending Legal Challenges
When Congress enacted the Patient Protection and Affordable Care Act (ACA) in 2010, it required employment-based health plans and health insurance issuers to cover certain preventive health services without cost sharing. Those services, because of agency guidelines and rules, would soon include contraception for women. The “contraceptive coverage requirement,” or “contraceptive mandate” as it came to be known, was heavily litigated in the years to follow, and exemptions from the requirement are currently the subject of a pending Supreme Court case.
The various legal challenges to the...
President Trump Criticizes VOA Coverage of China’s COVID-19 Response
The President’s Criticism of VOA’s Coverage of China
On April 10, 2020, the White House included in its online “1600 Daily” summary of key news and events a statement entitled “Voice of America Spends Your Money to Speak for Authoritarian Regimes.” The statement referred to a Voice of America (VOA) story and two posts that, it asserted, “amplified Beijing’s propaganda” about Coronavirus Disease 2019 (COVID-19). The statement criticized VOA for running an Associated Press article on its website on April 7, 2020, which referred to Wuhan’s lockdown as a “model” for other countries battling...
Congress is considering a number of proposals that seek to mitigate the economic effects of the COVID-19 pandemic. One such proposal, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (S. 3548), was introduced in the Senate on March 19, 2020. On March 22, 2020, an updated version of the CARES Act was circulated, as a proposed amendment to H.R. 748. A cloture vote on a motion to proceed, which was designed to allow consideration of the CARES Act, was rejected on March 22. A third version of the CARES Act was released on March 25, 2020. On March 25, the Senate voted 96-0 to pass...
Honduras: Background and U.S. Relations
Honduras, a Central American nation of 9.3 million people, has had close ties with the United States for many years. The country served as a base for U.S. operations designed to counter Soviet influence in Central America during the 1980s, and it continues to host a U.S. military presence and cooperate on various security concerns today. Trade and investment linkages are also long-standing and have grown stronger since the implementation of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) in 2006. Instability in Honduras—including a 2009 coup and...
Flood Risk Reduction from Natural and Nature-Based Features: Army Corps of Engineers Authorities
The U.S. Army Corps of Engineers (USACE) is the primary federal agency involved in federal construction to help reduce community flood risk. Congressional direction on USACE flood risk reduction activities has evolved from primarily supporting levees, dams, and engineered dunes and beaches. Since 1974, Congress has required that USACE evaluate nonstructural alternatives, such as elevation of structures and acquisition of floodplain lands, during its planning of projects. Since the mid-2010s, Congress also has directed the consideration of natural and nature-based features (NNBFs). Examples...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) created the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP). On April 16, 2020, the SBA reported that it had exhausted all funding provided by the CARES Act for the PPP.
On April 24, 2020, President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139), which contains lending set asides for smaller lenders. These set asides appear to be motivated by media coverage claiming that some big banks benefited from issuing large volumes of PPP loans and...
Forest Service Announces Timber Sale Contract Relief
On April 15, 2020, the Forest Service (FS) announced options for timber purchasers to extend the terms of their contract to harvest timber from the National Forest System (NFS). (Read the announcement here.) The FS, within the Department of Agriculture (USDA), sells timber to willing buyers in the private sector (timber purchasers) pursuant to specified contract terms. Although timber sales generally must be completed in a set amount of time, the FS may extend that time if it finds a “substantial overriding public interest” (referred to as a SOPI finding) in doing so. The SOPI finding...
President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139) on April 24, 2020. The act provides supplemental appropriations for the Paycheck Protection Program, the Public Health and Social Services Emergency Fund to support health care providers and expand testing for COVID-19, and Small Business Administration disaster loans and grants.
This legislation is the fourth relief act addressing the COVID-19 pandemic. As was the case for the Coronavirus Preparedness and Response Supplemental Appropriations Act (P.L. 116-123), the Families First...
Transatlantic Relations: U.S. Interests and Key Issues
For the past 70 years, the United States has been instrumental in leading and promoting a strong U.S.-European partnership. Often termed the transatlantic relationship, this partnership has been grounded in the U.S.-led post-World War II order based on alliances with like-minded democratic countries and a shared U.S.-European commitment to free markets and an open international trading system. Transatlantic relations encompass the North Atlantic Treaty Organization (NATO), the European Union (EU), close U.S. bilateral ties with most countries in Western and Central Europe, and a massive,...
The Child Support Federal Tax Offset of CARES Act Economic Impact Payments
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136, enacted March 27, 2020) includes direct payments to individuals in 2020—referred to by the Internal Revenue Service (IRS) as “economic impact payments” ($1,200 per adult/$2,400 per couple filing a joint return; $500 for dependent children). These payments are structured as tax credits automatically advanced to households that meet certain criteria. Receiving a recovery rebate in 2020 will not affect a taxpayer’s 2020 income tax liability or tax refund, and taxpayers will generally not need to repay the rebate....
The Internet of Things: CRS Experts
“Internet of Things” (IoT) refers to networks of objects that communicate with other objects and with computers through the Internet. “Things” may include virtually any object for which remote communication, data collection, or control might be useful, such as meters, vehicles, appliances, medical devices, electric grids, transportation infrastructure, manufacturing equipment, or building systems. Although the full extent and nature of the IoT’s impacts remain uncertain, economic analyses predict that it will contribute trillions of dollars to economic growth over the next decade. Sectors...
Fourth COVID-19 Relief Package (P.L. 116-139): In Brief
On April 23, 2020, Congress passed its fourth measure including supplemental appropriations to respond to the COVID-19 pandemic. The Paycheck Protection Program and Health Care Enhancement Act (the act; P.L. 116-139) includes enhancements for the Small Business Administration’s Paycheck Protection Program (PPP), Economic Injury Disaster Loans (EIDL), and Emergency EIDL grants, and emergency supplemental appropriations for the Department of Health and Human Services (HHS) and Small Business Administration (SBA). The President signed the bill into law on April 24, 2020.
The Congressional...
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law (P.L. 116-136). The CARES Act includes $3.5 billion in supplemental appropriations for the Child Care and Development Block Grant (CCDBG). These funds are to be used to “prevent, prepare for, and respond to coronavirus.”
The CCDBG Act (42 U.S.C. §§9858 et seq.) is the main federal law supporting child care programs for low-income working families. The CCDBG is administered by the U.S. Department of Health and Human Services (HHS). HHS allocates CCDBG funds to states, territories, and...
COVID-19: Financial Relief and Assistance Resources for Consumers
This CRS Insight presents links to websites of selected federal agencies and other organizations potentially relevant to consumers affected by the Coronavirus Disease 2019 (COVID-19) pandemic. These links provide information on mortgage and other consumer payment relief, credit score protection, and consumer-targeted frauds and scams.
For analysis of consumer-related financial concerns about COVID-19, see CRS Insight IN11244, COVID-19: The Financial Industry and Consumers Struggling to Pay Bills, by Cheryl R. Cooper. For a list of all CRS products related to COVID-19, see the CRS COVID-19...
Interaction of International Tax Provisions with Business Provisions in the CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) included two general tax benefits for business: net operating losses (NOLs) and interest deductions, which reduce taxable income and tax liability. These provisions may interact with existing international tax provisions enacted in the 2017 tax revision, popularly known as the Tax Cuts and Jobs Act, or TCJA (P.L. 115-97). The TCJA also decreased tax rates, including reducing the corporate rate from 35% to 21%.
International Provisions in the TCJA
In transitioning from the prior international tax regime that...
Mail Voting and COVID-19: Developments and Potential Challenges
Most voters reported voting in person in 2018, but the onset of the COVID-19 pandemic has complicated in-person voting for certain subsequent elections in 2020. Health risks associated with close contact have prompted concerns about some of the standard interactions involved in preparing for and conducting in-person voting.
States have taken various steps to address such concerns for some of their 2020 elections, including postponing election dates, offering curbside voting, and relocating polling places. One common response has been to expand mail voting, in which voters receive ballots...
Older Children, Adult Dependents, and Eligibility for the 2020 Recovery Rebates
Some policymakers have expressed concern that certain individuals including older children and adult dependents are not eligible for direct payments enacted as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). The statute refers to these payments as 2020 recovery rebates. The Internal Revenue Service (IRS) refers to these payments issued in 2020 as economic impact payments. Receiving a recovery rebate in 2020 will not affect a taxpayer’s 2020 income tax liability or tax refund, and taxpayers will generally not need to repay the rebate.
There are...
Federal Prisoners and COVID-19: Background and Authorities to Grant Release
There is concern that coronavirus disease 2019 (COVID-19) could quickly spread among federal prisoners and prison staff because of the nature of the prison environment. Prisons are places where hundreds of prisoners and staff are living and working in close proximity to each other and where they are forced to have regular contact. Prisons are generally not conducive to social distancing. Also, prison infirmaries typically do not have the resources available to most hospitals, such as isolation beds, that would help prevent the spread of the disease. There are also concerns that if prison...
The coronavirus (COVID-19) has caused a sudden decline in economic output and surge in unemployment, and it has significantly altered the fiscal outlook for state and local governments. State and local governments use taxes and receipts, debt issuances, and intergovernmental transfers to support spending programs. And, unlike the federal government, states and local governments are generally required to balance their operating budgets every one or two years. Even before the pandemic, a 2019 Government Accountability Office report on state and local governments’ fiscal outlook suggested...
Crude Oil Futures Prices Turn Negative
What Happened?
On April 20, 2020, the futures contract price for the immediate month (May) of West Texas Intermediate (WTI), the U.S. benchmark crude, went negative (see Figure 1). The May futures contract price fell $55.90 during the day, to close at negative $37.62 per barrel. The futures price is a contract, usually monthly, for delivery of a certain amount of crude oil, on a specified date in the future, and at a particular location (Cushing, OK for WTI). WTI crude oil futures contracts are traded on the New York Mercantile Exchange (NYMEX). According to data from the U.S. Energy...
Reauthorization of Federal Highway Programs
Federal highway construction and safety programs are currently authorized through September 30, 2020, under the five-year Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94). For the 1,027,849-mile system of federal-aid highways, the FAST Act provided an average of $45 billion annually. Although there are exceptions, federally funded projects are generally limited to this system that includes roughly 25% of all U.S. public road mileage. Of these funds, nearly 93% are distributed to the states via formula. The states have nearly complete control over the use of these funds,...
Stafford Act Declarations for COVID-19 FAQ
On March 13, 2020, President Donald J. Trump declared an emergency under Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.) in response to coronavirus disease 2019 (COVID-19). The declaration authorized assistance to all U.S. states, territories, tribes, and the District of Columbia. Specifically, the Stafford Act emergency declaration authorized one form of Federal Emergency Management Agency (FEMA) assistance: Public Assistance emergency protective measures (as authorized under Stafford Act Section 502)....
Status of Latin America’s Anti-corruption Fight amid Health and Political Challenges
Background
After sweeping across the region, anti-corruption activism in Latin America appears to have stalled. Populist leaders in Brazil and Mexico campaigned on fighting public corruption during their 2018 elections. However, after more than a year in office, both presidents have demonstrated little progress on significant corruption prosecutions or substantial governmental reform. Elsewhere, in 2019 and early 2020, governments in Central America shut down notable anti-corruption institutions that were approved by wide majorities of their citizens and long supported by U.S. policy and...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes numerous provisions to assist employers and employees during the COVID-19 economic downturn. This Insight compares (1) the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP); (2) the Employee Retention Tax Credit (ERTC); and (3) Unemployment Insurance (UI). Firms that receive a PPP loan cannot also claim the ERTC. Additionally, when employees are retained due to a firm’s receiving a PPP loan or claiming an ERTC, employees are generally ineligible for UI during the period of...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes numerous provisions to assist employers and employees during the COVID-19 economic downturn. This Insight compares (1) SBA’s Paycheck Protection Program; (2) the employee retention tax credit; and (3) Unemployment Insurance. A companion Insight, CRS Insight IN11329, CARES Act Assistance for Employers and Employees—The Paycheck Protection Program, Employee Retention Tax Credit, and Unemployment Insurance Benefits: Assessment of Alternatives (Part 2), coordinated by Molly F. Sherlock, highlights factors...
The CARES Act and Required Minimum Distributions (RMDs): Options for Certain Individuals
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) includes a provision that suspends Required Minimum Distributions (RMDs) from certain retirement accounts for 2020. Some individuals may have already taken this distribution prior to the enactment of the CARES Act; this Insight discusses an option that might be available to them.
Required Minimum Distributions
RMDs are annual withdrawals that individuals with certain retirement accounts may be required to make under specified conditions, such as after (1) reaching a certain age or (2) inheriting a retirement...
Air Force KC-46A Pegasus Tanker Aircraft Program
On February 24, 2011, the Department of Defense (DOD) announced the Boeing Company as the winner of a competition to build 179 new KC-46A aerial refueling tankers for the Air Force, a contract valued at roughly $35 billion. Prior to the announcement, the program had been known as KC-X. The first four KC-46s were delivered in January 2019.
The KC-46A acquisition program is a subject of congressional interest because of the dollar value of the contract, the number of jobs it would create, the importance of tanker aircraft to U.S. military operations, and because previous attempts to acquire...
The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 151 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 115th Congress.
Information for each board and commission is presented in profiles and tables. The profiles...
Bank Exposure to COVID-19 Risks: Business Loans
The COVID-19 (coronavirus) pandemic has caused financial hardship across the country. If COVID-19 causes borrowers to miss loan payments, it could have negative consequences for banks. This Insight examines the exposure banks have to business loan repayments, such as commercial and industrial (C&I) loans and commercial real estate (CRE) loans. For exposure to household debt, such as mortgages and consumer loans, see CRS Insight IN11336, Bank Exposure to COVID-19 Risks: Mortgages and Consumer Loans, by David W. Perkins and Raj Gnanarajah.
The main business of a bank is to make loans and buy...
Federal Jury Trials and COVID-19
This Insight provides information and analysis related to federal jury trials and how such trials have been impacted by Coronavirus disease 2019, or COVID-19. Given the rapidly changing situation surrounding COVID-19, the information provided in this Insight may be superseded by new information that differs from what is described in the text below. If there are any questions regarding whether such changes have occurred, congressional staff may contact the author of this Insight.
Background
The Jury Selection and Service Act of 1968 specifies the qualifications a person must meet in order...
Bank and Credit Union Regulators’ Response to COVID-19
Once it became clear that the coronavirus (COVID-19) outbreak would have serious financial ramifications, the federal agencies that regulate banks and credit unions—the Federal Reserve, the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and Consumer Financial Protection Bureau (CFPB) (collectively referred to as the bank regulators), and the National Credit Union Administration (NCUA)—responded using existing authorities in two broad ways:
taking measures to encourage banks to work with customers affected by COVID-19; and
making...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), which was signed into law by President Trump on March 27, 2020, includes direct payments to individuals—referred to in the law as “2020 recovery rebates.” The Internal Revenue Service (IRS) refers to the payments issued in 2020 as economic impact payments, whereas some media reports call them “stimulus payments.” This Insight provides a brief overview of these direct payments.
The 2020 recovery rebates equal $1,200 per eligible individual ($2,400 for married taxpayers filing a joint tax return) and $500 per...
Defense Primer: A Guide for New Members
CRS has developed a series of short primers to give Members of Congress an overview of key aspects of the Department of Defense and how Congress exercises authority over it. A consolidated list of these primers is contained in this report, along with links to each document
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Department of Health and Human Services: FY2021 Budget Request
This report provides information about the FY2021 budget request for the U.S. Department of Health and Human Services (HHS). Historically, HHS has been one of the larger federal departments in terms of budgetary resources. Estimates by the Office of Management and Budget (OMB) indicate that HHS has accounted for at least 20% of all federal outlays in each year since FY1995. Most recently, HHS is estimated to have accounted for 27% of all federal outlays in FY2019. (FY2019 funding levels are generally considered final, whereas some FY2020 funding levels remain estimates.)
The FY2021...
Low Oil Prices: Prospects for Global Oil Market Balance
Reduced travel, slowing economic activity, and petroleum-product demand suppression related to the COVID-19 outbreak, combined with announced plans to increase crude oil supplies, created expectations of an imbalanced and significantly oversupplied near-term petroleum market. Oversupply expectations have contributed to oil prices declining nearly 60% since January. Some regional oil prices have been less than $10 per barrel. While low oil prices are generally positive for consumers, current price levels are causing financial stress for the U.S. oil sector and several policy options could...
The Federal Judiciary and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or “the Act”) to address the nationwide impact of Coronavirus disease 2019 (COVID-19). The portions of the CARES Act directed at the federal courts seek to support the federal judiciary in two key ways. First, the Act expands courts’ ability to conduct criminal proceedings by video or audio conference. Second, the Act provides funding for the federal judiciary to respond to the pandemic.
Video and Audio Conferencing
Federal Rule of Criminal Procedure 53 (“Rule 53”) constrains federal...
COVID-19 and Short-Run Federal Deficits
The COVID-19 outbreak and ensuing economic shock may have major effects on future federal budget deficits (the amounts by which annual outlays exceed annual revenues). The latest federal budget baselines from the Congressional Budget Office (CBO) and Office of Management and Budget (OMB) use economic forecasts produced before the COVID-19 outbreak; baselines with updated forecasts would typically not be expected for several months, though agencies could decide to provide updates sooner. This Insight briefly discusses the effects that recent economic and legislative developments may have on...
FCC Draft Rule Seeks to Limit Space Debris
On April 2, the Federal Communications Commission (FCC) published notice of a proposed rule intended to reduce the risk that active satellites will be damaged by space debris. The proposed rule, which is scheduled for an FCC vote on April 23, has been sharply criticized by some aerospace and telecommunications groups, and leaders of a House committee have asked that it be delayed.
The FCC licenses U.S. commercial communications satellites and the radio frequencies needed to control them. In 2004, it issued an order directing satellite operators applying for FCC licenses to submit plans...
Health Care Provisions in the Families First Coronavirus Response Act, P.L. 116-127
The global pandemic of Coronavirus Disease 2019 (COVID-19) is affecting communities around the world and throughout the United States, with case counts growing daily. Containment and mitigation efforts by federal, state, and local governments have been undertaken to “flatten the curve”—that is, to slow widespread transmission that could overwhelm the nation’s health care system.
The Families First Coronavirus Response Act (FFCRA, P.L. 116-127) was enacted on March 18, 2020. It is the second of three comprehensive laws enacted in March specifically to support the response to the pandemic....
Securities and Exchange Commission (SEC) Actions to Mitigate the Impact of COVID-19
The U.S. Securities and Exchange Commission (SEC) has broad regulatory authority over significant parts of the securities industry, including stock exchanges, mutual funds, investment advisers, bonds, publicly traded companies, and brokerage firms. The coronavirus (COVID-19) pandemic has affected various areas within the SEC’s regulatory ambit. This Insight highlights selected tools that the agency has used to help mitigate those impacts.
Disclosure Relief
A foundational goal of federal securities laws is protecting investors, an objective significantly addressed through required periodic...
SBA’s Paycheck Protection Program (PPP) Loans and Self-Employed Individuals
To provide short-term, economic relief to certain small businesses and nonprofits, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) created the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP).
On April 14, 2020, SBA issued an Interim Final Rule (IFR) detailing how the PPP will be applied in the case of self-employed individuals (e.g., sole proprietors and partnerships, with and without employees, and independent contractors). The IFR supplements SBA’s previously issued PPP rules and guidance that have been coordinated with the...
U.S. Military Electronic Warfare Program Funding: Background and Issues for Congress
Congress, in the FY2019 National Defense Authorization Act, and the Department of Defense (DOD) has identified electronic warfare (EW) as a critical capability supporting military operations to fulfil the current National Defense Strategy. Collectively, DOD considers procurement appropriations and research, development, test and evaluation (RDT&E) appropriations as part of its investment accounts. Using programs identified by the EW Executive Commission (EW EXCOM), this report traces funding for three of the military services (Air Force, Army, and Navy) along with several defense agencies...
COVID-19: Selected Capital Markets Segments Supported by Federal Government Liquidity Interventions
The spread of Coronavirus Disease 2019 (COVID-19) induced heavy capital markets selloffs in March 2020. In response, the Federal Reserve (Fed)—sometimes with support from the Treasury Department—has established several emergency lending facilities to provide liquidity to key capital markets segments. As of the publication of this Insight, some markets that have announced Fed liquidity support appear to have begun to stabilize. This Insight discusses the changing capital markets conditions (Figure 1) using as examples, corporate bonds, money market mutual funds (MMFs), and municipal bonds....
Overview
The National Cemetery Administration (NCA), part of the Department of Veterans Affairs (VA), is responsible for providing interment benefits to eligible veterans and dependents and for administering America’s national veterans’ cemeteries. Veteran benefits for interment in a national cemetery include the gravesite and grave liner, opening and closing of the grave, government headstone or marker, U.S. burial flag, Presidential Memorial Certificate, and the perpetual care of the gravesite. These benefits are provided at no cost to the family.
NCA operates 142 national cemeteries...
In response to the COVID-19 pandemic, the Administration invoked the Defense Production Act of 1950 (DPA) on multiple occasions to facilitate the manufacture and distribution of medical equipment and supplies. The full extent of DPA implementation is unclear—to date, there have been six public announcements describing official DPA implementation actions.
This Insight describes recent DPA actions and reported implementation with regard to the COVID-19 pandemic, and discusses policy considerations for Congress. It is intended as a companion to CRS Insights IN11280 and IN11231. See CRS Report...
House Select Committee on the Modernization of Congress: Structure and Procedures
On January 4, 2019, the House established the Select Committee on the Modernization of Congress by adopting Title II of H.Res. 6, the House rules package for the 116th Congress (2019-2020), on a 418-12 vote. The purpose of the select committee as stated in its authorizing resolution is “to investigate, study, make findings, hold public hearings, and develop recommendations on modernizing Congress.”
Twelve Members, six from each party, have been selected by their leadership to serve on the select committee during its year-long investigation. The committee’s authorizing resolution requires...
Mortgage Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act
The COVID-19 pandemic has had wide-ranging impacts. With many households experiencing income disruptions, some may have difficulty making their mortgage or rent payments on their homes. An inability of tenants to pay rent can, in turn, impact the ability of landlords to remain current on any mortgage on the rental property.
On March 27, 2020, the President signed the CARES Act (P.L. 116-136) into law. Among many other provisions, it includes some intended to provide temporary relief for certain affected mortgage borrowers:
Section 4022 provides for forbearance and a foreclosure moratorium...
COVID-19’s Effect on Interior Immigration Enforcement and Detention
In response to the Coronavirus Disease 2019 (COVID-19) pandemic, immigration authorities have altered interior immigration enforcement activities including arrests, detention, and immigration court proceedings. The Department of Homeland Security (DHS) claims these efforts “have facilitated a speedy, whole-of-government response in confronting COVID-19, keeping Americans safe, and helping detect and slow the spread of the virus.” This Insight considers how the COVID-19 pandemic has impacted interior immigration enforcement.
Background
DHS’s Immigration and Customs Enforcement (ICE), and...
Bank Exposure to COVID-19 Risks: Mortgages and Consumer Loans
The COVID-19 (coronavirus) pandemic has caused financial hardship across the country. If COVID-19 causes borrowers to miss payments, it could have negative consequences for banks. This Insight examines the exposure banks have to household repayments, such as mortgages, credit cards, auto loans, and other consumer debt.
The main business of a bank is to make loans and buy securities using funding it raises by taking deposits. A bank earns money largely through borrowers making payment on those loans and securities issuers making payment on securities, along with charging fees for certain...
U.S. Environmental Protection Agency Funding in the CARES Act (P.L. 116-136)
Enacted March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) provides supplemental appropriations for the Department of the Interior, Environment and Related Agencies, which includes the U.S. Environmental Protection Agency (EPA). Title VII in Division B provides a total of $7.23 million within four of EPA’s 10 appropriations accounts to “prevent, prepare for, and respond to coronavirus, domestically or internationally.” The appropriation supplements EPA’s total FY2020 enacted appropriations of $9.36 billion included in the Further Consolidated...
Special Inspector General for Pandemic Recovery: Responsibilities, Authority, and Appointment
The Coronavirus Aid, Recovery, and Economic Security (CARES) Act was enacted on March 27, 2020 (P.L. 116-136). The CARES Act provides over $2 trillion in relief to individuals; businesses; state, local, and tribal government; federal agencies; and industry sectors impacted by the COVID-19 pandemic.
In addition to these relief programs, Congress included a variety of provisions to facilitate transparency and oversight in the implementation of the CARES Act. Among these actions was the creation of a Special Inspector General for Pandemic Recovery (SIGPR). The SIGPR is similar in purpose and...
Federal Reserve: Monetary Policy Actions in Response to COVID-19
The Federal Reserve (Fed) has taken a number of steps to promote economic and financial stability in response to the coronavirus pandemic (COVID-19). This Insight covers actions related to monetary policy—actions intended to lower interest rates or increase overall liquidity. Due to the severity of economic disruption, actions that increase overall liquidity have not been sufficient to maintain financial stability, and the Fed has also directly lent to firms and purchased private securities. Direct Fed lending and other financial assistance in response to COVID-19 is covered in CRS Insight...
COVID-19: Commercial Paper Market Strains and Federal Government Support
What Is Commercial Paper and Why Is It Important?
As COVID-19 spread rapidly in the United States, fears of its economic effects led to strains in the commercial paper (CP) market, one of the main funding sources for many firms and for providers of credit to individuals. Commercial paper is short-term debt issued primarily by corporations and generally is unsecured. The CP market is an important source of short-term credit for a range of financial and nonfinancial businesses, who may rely on it as an alternative to bank loans—for example, in making payroll or for other short-term funding...
Overview
The spread in Iran of COVID-19 (the disease caused by the virus SARS-CoV-2) has raised questions about the possible effects of U.S. policy on the capacity of Iran to cope with the outbreak. Since May 2018, when the Trump Administration withdrew the United States from the 2015 multilateral Iran nuclear agreement (Joint Comprehensive Plan of Action, JCPOA), the Administration has reimposed all U.S. sanctions that were in place prior to that agreement and added further sanctions. The U.S. sanctions target virtually every economic sector in Iran, but at least technically exempt...
Domestic Violence in the Context of COVID-19
Domestic violence (DV), also referred to as intimate partner violence, affects approximately one-third of women and men over their lifetimes in the United States. Empirical research and anecdotal information from organizations that serve DV victims indicate that disasters and emergencies can heighten the frequency and severity of abuse. This Insight provides background about DV in the context of COVID-19 and the current federal response to supporting victims, primarily through the Family Violence Prevention and Services Act (FVPSA), Violence Against Women Act (VAWA), and Victims of Crime...
Effects of COVID-19 on the Federal Research and Development Enterprise
The federal research and development (R&D) enterprise is a large and complex system that includes government facilities and employees as well as federally funded work in industry, academia, and the nonprofit sector. The nation’s response to the Coronavirus Disease 2019 (COVID-19) pandemic is affecting the federal R&D enterprise, and the federal government and others are trying to address those effects. A number of congressional and other policy issues may arise as the situation develops.
Implementation of social distancing guidelines had led many laboratories and R&D projects to close....
Federal Communications Commission: Progress Protecting Consumers from Illegal Robocalls
The number of robocalls continues to grow in the United States, and the figures tend to fluctuate based on the introduction of new government and industry attempts to stop them and robocallers’ changing tactics to thwart those attempts (see Figure). In 2019, U.S. consumers received 58.5 billion robocalls, an increase of 22% from the 47.8 billion received in 2018, according to the YouMail Robocall Index. In 2016, the full first year the Robocall Index was tabulated, that figure was 29.1 billion calls—half the number of calls in 2019. Further, the Federal Communications Commission (FCC)...
Pandemic Weakening Milk Prices; Industry Calls for Policy Action
Milk price prospects for U.S. dairy producers in 2020 have weakened as the U.S. economy deteriorates under the expanding Coronavirus 2019 (COVID-19) pandemic. The year began with a positive outlook for the dairy industry that included higher milk prices and increased income for dairy producers in 2020, according to the U.S. Department of Agriculture (USDA). The dairy industry has gone through several years of relatively low milk prices, leading some dairy farms to exit the industry and two large dairy processors to file for bankruptcy. In 2019, according to USDA, the number of licensed...
Federal Telework During the COVID-19 Pandemic: Cybersecurity Issues in Brief
The novel coronavirus outbreak and subsequent pandemic has led government and industry to take significant actions in order to protect their workers and the population. One of those actions is encouraging the use of social distancing to stymie infections (e.g., being six feet apart from another person). One way individuals are accomplishing that order is through working outside the office. [To Suppress] Search Terms: Telework Remote work Cybersecurity Federal Information Security Modernization Act FISMA Virtual Private Network VPN SPAM Phishing Malware Cybersecurity and Infrastructure...
U.S. Travel and Tourism and COVID-19
With the spread of the Coronavirus Disease 2019 (COVID-19) pandemic, many flights have been canceled, widespread travel bans have been put in place, and more quarantine and stay-at-home orders are in effect. This has sharply reduced domestic and international travel, prompting businesses across the U.S. travel sectors to ask the U.S. government for financial assistance. For Congress, this raises questions about the likely economic effects of COVID-19 on travel and tourism and the level of support warranted for some industry segments that may quickly recover once the pandemic subsides and...
Department of State, Foreign Operations, and Related Programs: FY2020 Budget and Appropriations
Each year, Congress considers 12 distinct appropriations measures, including one for the Department of State, Foreign Operations, and Related Programs (SFOPS), which includes funding for U.S. diplomatic activities, cultural exchanges, development and security assistance, and U.S. participation in multilateral organizations, among other international activities. On March 11, 2019, the Trump Administration submitted to Congress its SFOPS budget proposal for FY2020, which totaled $42.72 billion in discretionary funds ($42.88 billion when $158.9 million in mandatory retirement funds are...
Cryptocurrency: The Economics of Money and Selected Policy Issues
Cryptocurrencies are digital money in electronic payment systems that generally do not require government backing or the involvement of an intermediary, such as a bank. Instead, users of the system validate payments using certain protocols. Since the 2008 invention of the first cryptocurrency, Bitcoin, cryptocurrencies have proliferated. In recent years, they experienced a rapid increase and subsequent decrease in value. One estimate found that, as of March 2020, there were more than 5,100 different cryptocurrencies worth about $231 billion. Given this rapid growth and volatility,...
COVID-19: The Drug Enforcement Administration’s Regulatory Role
The Coronavirus Disease 2019 (COVID-19) pandemic has caused strain on many health care and medical facilities around the country, and some doctors and pharmacists have altered conventional practice to accommodate the needs of patients during this public health emergency. Changed practices include maintaining increased supplies of Schedule II controlled substances needed for intubation at hospitals and increasing the use of telemedicine as an alternative to in-person patient visits with a provider. Such changes require the Drug Enforcement Administration (DEA) to make exceptions to...
Funding for HUD in the CARES Act
Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) provided $12.4 billion in additional FY2020 funding for several Department of Housing and Urban Development (HUD) programs and activities. The funds are generally for one of three broad purposes: to provide additional resources to meet emerging needs, to support existing rental assistance programs, or to provide additional administrative capacity and oversight. Three-quarters of the funding can be considered new resources to meet emerging needs, with most of the remaining funding supporting...
COVID-19: Support for Mortgage Lenders and Servicers
The coronavirus (COVID-19) pandemic has affected the economy in numerous ways. Many states have issued some variation of a lockdown, restricting when citizens can leave their home and limiting business operations to critical services, such as groceries or pharmacies. Many businesses have closed operations, while others have reduced their workforce considerably. As a result, jobless claims have increased since the outbreak, leaving many consumers struggling to meet their financial obligations. One of the most significant financial obligations consumers are struggling to meet is their...
Bureau of Reclamation Rural Water Projects
Congress has authorized projects and programs through various federal agencies to address water supply needs. Since 1980, Congress has authorized the Bureau of Reclamation (Reclamation), among other agencies, to develop municipal and industrial (M&I) water supply projects in rural areas and on tribal lands. Congress has authorized these projects, known as rural water supply projects, for several locations throughout the West.
From 1980 through 2009, Congress authorized Reclamation to undertake the design and construction, and sometimes the operations and maintenance (O&M), of specific...
The COVID-19 pandemic has disrupted business operations nationwide, leading to dramatic job losses that threaten the ability of many to meet their financial obligations, including housing rental payments. To aid individuals and businesses harmed by the pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136).
Section 4024 of the CARES Act provides a temporary moratorium on eviction filings as well as other protections for tenants in certain rental properties with federal assistance or federally related financing. These protections are designed...
Prize competitions are a tool for incentivizing the achievement of scientific and technological innovation by offering monetary and nonmonetary benefits (e.g., recognition) to competition participants. Prize competitions have a long history of use in both the public and private sectors, but have gained popularity in recent years. Experts view federal prize competitions as an alternative policy instrument for spurring innovation, not a substitute for more traditional methods of federal support for research and innovation such as competitive research grants and procurement contracts.
The use...
GSA’s Federal Supply Schedule: Programs for State and Local Governments
Under certain circumstances, state and local governments may use the Federal Supply Schedule (FSS), established and maintained by the General Services Administration (GSA), to purchase goods or services. One such circumstance is the declaration of a public health emergency by the Secretary of Health and Human Services, which occurred on January 31, 2020, regarding COVID-19. The four supply-schedule-related purchasing programs available to state and local governments are the Cooperative Purchasing Program, the Disaster Purchasing Program, the Public Health Emergencies Program, and the 1122...
Business Deductions for Entertainment and Meals
Congress has passed several laws in response to the COVID-19 pandemic, including, most recently, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136), which—among its many purposes—provides tax relief to individuals and businesses. Several of the CARES Act’s business tax relief provisions were accomplished by temporarily rolling back restrictions on net operating losses and interest deductions that were enacted as part of P.L. 115-97 (sometimes referred to as the Tax Cuts and Jobs Act or TCJA). As Congress continues to assess the need for further responses, it may...
Are Start-ups Eligible for the SBA’s New Paycheck Protection Program (PPP) Loans?
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), among other provisions, created the Paycheck Protection Program (PPP). Under the PPP, a lender may provide “covered loans” to assist small businesses (defined as either businesses that have 500 or fewer employees or that meet the general size standards under the Small Business Act), small 501(c)(3) nonprofit organizations, and small 501(c)(19) veterans organizations that have been adversely affected by COVID-19. These covered loans—also known as PPP loans—have
a 100% Small Business Administration (SBA) loan...
Access to high-speed internet, known as broadband, is becoming increasingly essential to daily life as more applications and activities move online. This has become particularly apparent during the coronavirus (COVID-19) pandemic, as employers in some sectors transitioned their workers from on-site work to telework and schools migrated their students from classrooms to distance learning. These shifts may seem clear-cut, but many areas of the United States—particularly rural areas—have either limited or no access to broadband infrastructure. Additionally there are citizens in areas with...
Federal Conspiracy Law: A Brief Overview
Zacarias Moussaoui, members of the Colombian drug cartels, members of organized crime, and some of the former Enron executives have at least one thing in common: they all have federal conspiracy convictions. The essence of conspiracy is an agreement of two or more persons to engage in some form of prohibited conduct. The crime is complete upon agreement, although some statutes require prosecutors to show that at least one of the conspirators has taken some concrete step or committed some overt act in furtherance of the scheme. There are dozens of federal conspiracy statutes. One, 18 U.S.C....
Federal Conspiracy Law: An Abbreviated Overview
Zacarias Moussaoui, members of the Colombian drug cartels, members of organized crime, and some of the former Enron executives have at least one thing in common: they all have federal conspiracy convictions. The essence of conspiracy is an agreement of two or more persons to engage in some form of prohibited conduct. The crime is complete upon agreement, although some statutes require prosecutors to show that at least one of the conspirators has taken some concrete step or committed some overt act in furtherance of the scheme. There are dozens of federal conspiracy statutes. One, 18 U.S.C....
U.S. Gasoline Prices: No Driving, No Benefits to Consumers
Prices Plummet
The collapse of crude oil prices is having consequences throughout the U.S. and global economies. For consumers, the effects of the price decline are felt nowhere more than in the price of gasoline. Gasoline is made from crude oil through the refining process, and the current decline in crude oil prices are a significant factor to the decrease in gasoline prices (Figure 1). There are four main components to retail gasoline prices according to the U.S. Energy Information Administration (EIA): 51% comes from crude oil prices, 20% from taxes, 18% from marketing and distribution...
COVID-19 and Stock Market Stress
Induced by the Coronavirus Disease 2019 (COVID-19) pandemic, the longest U.S. stock market bull run of 11 years ended in mid-March, the quickest drawdown on record (Figure 1). The market subsequently rebounded, responding to the $2 trillion coronavirus relief package (P.L. 116-136). The swing of stock prices has created unprecedented volatility, a risk metric that measures the degree of price dispersion. This Insight explains the function of the U.S. stock market, the different ways to view stock pricing, and how certain pandemic-induced conditions could affect policymaking. The Securities...
Multiemployer Defined Benefit (DB) Pension Plans: A Primer
Multiemployer defined benefit (DB) pension plans are private-sector pensions sponsored by more than one employer and maintained as part of a collective bargaining agreement. In 2017, about 3% of all DB pension plans, covering 29% of all DB pension plan participants, were multiemployer plans. Nearly all of the remaining DB pension plans were maintained by a single employer. A few DB pension plans were maintained by more than one employer but were not maintained under a collective bargaining agreement. In DB pension plans, participants receive a monthly benefit in retirement that is based on...
Direct Federal Support of Individuals Pursuing Training and Education in Non-degree Programs
Recent Administrations and Congress have demonstrated bipartisan support for increasing federal assistance to individuals pursuing training and education in postsecondary non-degree programs, sometimes referred to as short-term programs. Non-degree programs are postsecondary training and education programs that are most often shorter in duration than a bachelor’s or associate’s degree program. They generally provide work-based learning or educational instruction to individuals who are beyond the typical age for secondary education to prepare them for a particular occupation. Examples of...
The National Consortium of Telehealth Resource Centers: COVID-19 Assistance
On January 31, 2020, the Secretary of the Department of Health and Human Services (HHS) declared Coronavirus Disease 2019 (COVID-19) a Public Health Emergency (PHE). During this public health emergency, the Secretary of HHS has taken action to encourage the use of telehealth. Telehealth generally refers to a health care provider’s use of information and communication technology in the delivery of clinical and nonclinical health care services. The use of telehealth during public health emergencies can assist health care professionals with, for example, reserving in-person care for patients...
Bureau of Reclamation: History, Authorities, and Issues for Congress
The Bureau of Reclamation (Reclamation), an agency within the Department of the Interior (DOI), is responsible for the management and development of many of the large federal dams and water diversion structures in the 17 conterminous states west of the Mississippi River. Reclamation is the country’s largest wholesaler of water and the country’s second-largest producer of hydropower (behind the U.S. Army Corps of Engineers). Reclamation facilities store up to 140 million acre-feet of water, which serves more than 10 million acres of farmland and 31 million municipal and industrial...
COVID-19: The Basics of Domestic Defense Response
As the COVID-19 pandemic has unfolded, Congress has considered how the Department of Defense (DOD) might support the U.S. government’s domestic response. Below are the funding, authorities, and descriptions of potential ways DOD might further contribute. Links in this product connect to more detailed information on the highlighted subjects.
President Donald J. Trump declared a U.S. national emergency on March 13, 2020. On Friday, March 20, the Federal Emergency Management Agency assumed the lead agency role in the Coronavirus Task Force under the National Response Framework (NRF) for...
The Economic Development Administration and the CARES Act (P.L. 116-136)
States and communities will be able to apply for funding from the U.S. Department of Commerce Economic Development Administration (EDA) to plan and implement economic recovery strategies in response to the coronavirus pandemic. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) includes $1.5 billion for EDA to administer grants through its established Economic Adjustment Assistance (EAA) program. For years the EAA has been used to address ongoing economic restructuring needs. In FY2018 and FY2019, Congress used the EAA to fund economic recovery and resiliency...
COVID-19: Defense Support of Civil Authorities
The U.S. military has a long history of providing support to civil authorities, particularly in response to disasters or emergencies (examples include responding to yellow fever epidemics in 1873 and 1878). The Department of Defense (DOD) defines defense support of civil authorities as “Support provided by U.S. Federal military forces, DOD civilians, DOD contract personnel, DOD Component assets, and National Guard forces (when the Secretary of Defense, in coordination with the Governors of the affected States, elects and requests to use those forces in Title 32, U.S.C., status) in response...
The CARES Act (P.L. 116-136) Section 4008: FDIC Bank Debt Guarantee Authority
Section 4008 of the Coronavirus Aid, Relief, and Economic Security Act (CARES; P.L. 116-136) authorizes the Federal Deposit Insurance Corporation (FDIC) to guarantee certain deposits that are not eligible for regular FDIC deposit insurance due to the existing $250,000 per account insurance limit. This broadens FDIC authority from Section 1105 of P.L. 111-203 (Dodd-Frank Act) to establish a program that would guarantee bank debt in the event of a financial liquidity crisis. Section 4008 also preemptively grants the requisite congressional approval for any such program needed to respond to...
U.S. Indictment of Top Venezuelan Officials
On March 26, 2020, Attorney General William Barr announced the indictment of Venezuela’s leader, Nicolás Maduro (whom the United States does not recognize as Venezuela’s legitimate president), and other current and former high-ranking Venezuelan officials. As charged, Maduro allegedly participated in the Cartel of the Suns drug trafficking organization in conspiracy with the Colombian terrorist organization, the Revolutionary Armed Forces of Colombia (FARC), to produce and traffic illicit drugs to the United States.
Maduro’s indictment marks an escalation in U.S. efforts since January...
Title IV Provisions of the CARES Act (P.L. 116-136)
Economic conditions have deteriorated rapidly in the past few weeks, as the Coronavirus Disease 2019 (COVID-19) pandemic has caused many businesses and public institutions to limit or close their operations, increasing financial hardship for many Americans due to layoffs or time off of work due to illness. COVID-19’s effect on the airline industry has been one of many areas of interest for Congress.
On March 27, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law as P.L. 116-136. The act contains a number of provisions aimed broadly at stabilizing the economy...
Low Oil Prices and U.S. Oil Producers: Policy Considerations
Global oil prices have declined nearly 60% since January 2020 (see Figure 1). Following a brief period of geopolitically-driven upward price pressure resulting from events in Iraq and Libya, world oil supply/demand balances were projected to be oversupplied by the second quarter of 2020. Reduced travel and other economic impacts related to the evolving COVID-19 outbreak are suppressing near-term oil demand. Oversupply expectations were amplified when the Organization of the Petroleum Exporting Countries (OPEC) and a group of non-OPEC countries (OPEC+), including Russia, failed to agree on...
Senior Nutrition Programs’ Response to COVID-19
Many older adults rely on federally funded programs that provide nutrition and other supportive services in order to live independently in their communities. Amidst the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, older adults as well as those with certain chronic conditions are at higher risk for severe illness if infected with the virus. Guidance from the Centers for Disease Control and Prevention (CDC) recommends that older adults stay home, among other precautions. Some state and local officials have issued more stringent guidance that older adults self-isolate at home or...
Support for Homeless Youth in the Context of COVID-19: A Brief Overview
The federal government provides targeted support for homeless teens and young adults primarily through the Runaway and Homeless Youth (RHY) program, administered by the U.S. Department of Health and Human Services (HHS). As part of the federal response to COVID-19, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) includes provisions relevant to the RHY program. The CARES Act also includes provisions for the U.S. Department of Housing and Urban Development’s (HUD’s) Youth Homelessness Demonstration Grant and for Department of Education (ED) supports for...
Coronavirus Aid, Relief, and Economic Security (CARES) Act: CRS Experts
The following two tables provide points of contact for CRS’s congressional clients with specific questions regarding the particular authorities and appropriations in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). This report is intended as a companion to other CRS products on the COVID-19 response efforts, many of which can be found on the CRS Coronavirus Disease 2019 resource page.
Separate tables are provided for each division of the CARES Act: Division A, which includes significant expansions in small business lending, unemployment insurance, tax...
“Technical Corrections” to Tax Reform
For some in Congress, “technical corrections” to the 2017 tax revision (commonly known as the “Tax Cuts and Jobs Act,” or TCJA; P.L. 115-97) have been a legislative priority. It is not always clear, however, what is strictly a “technical correction.” This Insight highlights provisions that have been widely discussed as “technical corrections” to the 2017 tax revision, starting with provisions in former Ways and Means Committee Chairman Kevin Brady’s 2019 “technical corrections” discussion draft. It then highlights other “fixes” to the 2017 tax revision that might be considered, even if...
DHS Budget Request Analysis: FY2021
On February 10, 2020, the Donald J. Trump Administration released their budget request for FY2021, including a $75.84 billion budget request for the Department of Homeland Security (DHS).
DHS is the third largest agency in the federal government in terms of personnel. The appropriations bill that funds it—providing $70 billion in FY2020—is the seventh largest of the twelve annual funding measures developed by the appropriations committees, and is the only appropriations bill that funds a single agency in its entirety and nothing else.
This report provides an overview of the FY2021 budget...
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often part of emergency response efforts, providing program flexibilities, foods for distribution, and benefits for redemption. Emergencies generate different FNS responses, which can vary with states’ requests. During the COVID-19 pandemic, access to food—particularly in light of school closures—has been a concern for many. Some also view the Supplemental Nutrition Assistance Program (SNAP) as a force for economic stimulus. This Insight discusses related provisions of the second and third COVID-19...
COVID-19: The Financial Industry and Consumers Struggling to Pay Bills
A growing number of cases of Coronavirus Disease 2019 (COVID-19) have been identified in the United States, significantly impacting many communities. For background on the coronavirus, see CRS In Focus IF11421, COVID-19: Global Implications and Responses, by Sara M. Tharakan et al. While this situation is evolving rapidly, the economic impact may be large due to illnesses, quarantines, and other business disruptions.
Consequently, many Americans may lose income and face financial hardship due to the coronavirus outbreak. This Insight focuses on regulatory and policy responses relating to...
Federal Reserve: Recent Actions in Response to COVID-19
Coronavirus (COVID-19) has created significant economic disruption. In response, the Federal Reserve (Fed) has taken a number of steps to promote economic and financial stability involving the Fed’s monetary policy and “lender of last resort” roles. Some of these actions are intended to stimulate economic activity by reducing interest rates and others are intended to provide liquidity to financial markets so that firms have access to needed funding.
Actions to Lower Interest Rates
Federal Funds Rate
Traditionally, the Fed conducts monetary policy by changing the federal funds rate, the...
Public Transportation and Amtrak Funding in the CARES Act (P.L. 116-136)
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act (P.L. 116-136) was signed into law. Included in the act is a $25 billion appropriation from the general fund of the U.S. Treasury for public transportation agencies and another $1 billion for Amtrak. This emergency funding would support agencies in the midst of an unprecedented decline in ridership due to the COVID-19 pandemic. For example, the Washington Area Metropolitan Transit Authority has reported that in late March 2020 its rail ridership is down about 90% on a daily basis compared with equivalent...
COVID-19 and the Defense Industrial Base: DOD Response and Legislative Considerations
The Department of Defense (DOD) relies on a defense industrial base (DIB) for the products and services that enable DOD’s warfighting capabilities. The DIB includes private-sector commercial companies ranging in size from small businesses to some of the world’s largest enterprises—all of which have been impacted by the economic pressures associated with the Coronavirus Disease 2019 (COVID-19) pandemic. For additional related resources, see the CRS COVID-19 homepage.
Critical Infrastructure and the DIB
The DIB is considered essential to U.S. national security, and to be part of U.S....
Federal Reserve: Emergency Lending
The 2007-2009 financial crisis led the Federal Reserve (Fed) to revive an obscure provision found in Section 13(3) of the Federal Reserve Act (12 U.S.C. 344) to extend credit to nonbank financial firms for the first time since the 1930s. Section 13(3) provides the Fed with greater flexibility than its normal lending authority. Using this authority, the Fed created six broadly based facilities (of which only five were used) to provide liquidity to “primary dealers” (certain large investment firms) and to revive demand for commercial paper and asset-backed securities. More controversially,...
Fostering Behavior Change During Disease Outbreaks: Insights from Ebola Response in Africa
The COVID-19 pandemic has prompted governments worldwide to seek to change behaviors on a mass scale to stem new infections. (Click here for CRS resources on COVID-19.) The challenges and successes of analogous efforts during the two largest Ebola outbreaks to date—in West Africa (2014-2016), and in eastern Democratic Republic of Congo (DRC), starting in 2018 and now seemingly waning—may offer lessons for current efforts to contain COVID-19, even though the two viruses differ in significant ways.
Dubbed by some a “disease of social intimacy,” Ebola is transmitted through direct contact...
Freedom of Information Act (FOIA) Processing Changes Due to COVID-19: In Brief
As federal agencies adjust their operations in light of the COVID-19 pandemic, activities related to the processing and release of government information are also changing. Agencies such as the Federal Bureau of Investigation within the Department of Justice, the U.S. Postal Service, and the Centers for Disease Control and Prevention within the Department of Health and Human Services, among others, have announced changes to their processing of Freedom of Information Act (FOIA) requests due to the pandemic.
Government information requests through FOIA may be impacted by COVID-19 in two...
COVID-19: State and Local Shut-Down Orders and Exemptions for Critical Infrastructure
Since the onset of the Coronavirus Disease 2019 (COVID-19) pandemic in the United States, public officials have issued numerous emergency directives closing non-essential businesses and facilities and instructing non-essential workers to stay home. However, these directives have generally included exemptions for essential businesses and other facilities if they are part of a critical infrastructure sector or provide essential services.
Some business leaders have invoked federal authorities and guidelines when contesting state or local orders that would affect their operations....
H.R. 748 (CARES Act), as passed by the Senate on March 25, 2020, includes many provisions designed to provide emergency relief to the economy in response to the effects of the COVID-19 pandemic. One such provision of H.R. 748 is the “2020 recovery rebate,” a direct payment made to individuals. Similar “recovery rebates” were sent to individuals in response to the 2001 and 2008 recessions. Several Members of Congress have recently proposed varying forms of direct payment, and two earlier versions of the CARES Act (S. 3548 and a draft circulated on March 22, 2020) also included a direct...
COVID-19 and Regulation of Public Drinking Water
During infectious disease outbreaks, questions regarding public water supplies may emerge, as a safe and adequate water supply is a key component to protecting public health. As the United States and other countries respond to the outbreak of coronavirus disease 2019 (COVID-19), questions may arise regarding the potential for the COVID-19 virus to be present in public water supplies.
The Centers of Disease Control and Prevention (CDC) reports that the COVID-19 virus has not been detected in drinking water. The U.S. Environmental Protection Agency (EPA) has announced that “Americans can...
Voting and Quorum Procedures in the Senate
The Constitution states that “a Majority of each [House] shall constitute a quorum to do business.” The Senate presumes that it is complying with this requirement and that a quorum is always present unless and until the absence of a quorum is suggested or demonstrated. This presumption allows the Senate to conduct its business on the floor with fewer than 51 Senators present until a Senator “suggests the absence of a quorum.”
Except when the Senate has invoked cloture, the presiding officer may not count to determine if a quorum is present. When the absence of a quorum is suggested,...
Agriculture and Related Agencies: FY2020 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the U.S. Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development. The largest discretionary spending items are the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); agricultural research; rural development; FDA;...
The Employment-Based Immigration Backlog
Currently in the United States, almost 1 million lawfully present foreign workers and their family members have been approved for, and are waiting to receive, lawful permanent resident (LPR) status (a green card). This employment-based backlog is projected to double by FY2030. It exists because the number of foreign workers whom U.S. employers sponsor for green cards each year exceeds the annual statutory green card allocation. In addition to this numerical limit, a statutory 7% per-country ceiling prevents the monopolization of employment-based green cards by a few countries.
For...
Demographic and Social Characteristics of Persons in Poverty: 2018
This report provides a snapshot of the characteristics of the poor in the United States in 2018. It shows that people from families whose income falls below the federal poverty thresholds represent a diverse subset of the overall population.
There were 38.1 million people living below the federal poverty level in 2018, representing 11.8% of the total population.
Nearly half (45.3%) of all people in poverty lived in deep poverty (with income below 50% of the poverty threshold).
The largest share of people in poverty were non-Hispanic white (41.2%) but the majority were not. Almost all...
Data Flows, Online Privacy, and Trade Policy
“Cross-border data flows” refers to the movement or transfer of information between computer servers across national borders. Such data flows enable people to transmit information for online communication, track global supply chains, share research, provide cross-border services, and support technological innovation.
Ensuring open cross-border data flows has been an objective of Congress in recent trade agreements and in broader U.S. international trade policy. The free flow of personal data, however, has raised security and privacy concerns. U.S. trade policy has traditionally sought to...
Cloud Computing: Background, Status of Adoption by Federal Agencies, and Congressional Action
Cloud computing is a new name for an old concept: the delivery of computing services from a remote location, analogous to the way electricity, water, and other utilities are provided to most customers. Cloud computing services are delivered through a network, usually the internet. Utilities are also delivered through networks, whether the electric grid, water delivery systems, or other distribution infrastructure. In some ways, cloud computing is reminiscent of computing before the advent of the personal computer, where users shared the power of a central mainframe computer through video...
In the early months of 2020, the federal government began to express concern over the global outbreak of Coronavirus Disease 2019 (COVID-19). COVID-19 is a viral respiratory illness caused by a novel coronavirus. By late January, the Secretary of the U.S. Department of Health and Human Services (HHS) had invoked certain authorities to direct existing funds to respond to the COVID-19 outbreak. The HHS Secretary declared COVID-19 to be a Public Health Emergency, effective January 27, 2020.
On February 24, 2020, the Trump Administration submitted an initial emergency supplemental...
Resolving Subpoena Disputes Between the Branches: Potential Impacts of Restricting the Judicial Role
COVID-19 and Corporate Debt Market Stress
U.S. companies are carrying record levels of debt to finance their operations and growth (Figure 1). Corporate debt largely consists of bonds and, to a lesser extent, leveraged loans, bank loans, and other liabilities. The Securities and Exchange Commission (SEC) is the primary regulator overseeing the debt capital markets. In recent years, financial authorities have become increasingly vocal about the buildup of the higher-risk portions of the corporate debt market. This Insight explains the market’s composition and risks in the context of the current coronavirus (COVID-19)-induced...
Comparison of the FY2020 and FY2021 Precision-Guided Munitions Procurement Requests
Precision-guided munitions (PGMs) have become an important capability for the Department of Defense (DOD). Recent operations, including counter-insurgency and counterterrorism missions, have demonstrated a high demand for all types of PGMs, which DOD defines as a “guided weapon intended to destroy a point target and minimize collateral damage.” Some analysts argue a high-intensity conflict would require large stockpiles of such weapons, in addition to the demand from operations in the Middle East. Then-Secretary of Defense James Mattis stated that PGMs are required to help rebuild...
COVID-19: Industrial Mobilization and Defense Production Act (DPA) Implementation
On March 18, President Trump issued Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID–19, which announced the President’s invocation of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. The administration has yet to publicly provide direction to the private sector under this authority.
This Insight considers possible future DPA implementation processes, industrial mobilization, and congressional considerations concerning the COVID-19 pandemic, and is a companion to CRS Insight IN11231. See CRS...
Congressional Oversight Provisions in P.L. 116-127, the Families First Coronavirus Response Act
President Donald Trump signed P.L. 116-127 (H.R. 6201), the Families First Coronavirus Response Act, on March 18, 2020. The act provides supplemental appropriations for nutrition assistance programs and public health services and authorizes the Internal Revenue Service to implement tax credits for paid emergency sick leave and expanded family medical leave that the act requires certain employers to provide. In addition, the law adjusts the unemployment insurance program to waive temporarily certain eligibility requirements and provide more federal financial support to the states.
P.L....
On March 22, 2020, the Senate released an updated version of the Coronavirus Aid, Relief, and Economic Security (CARES) Act containing a provision for suspending the penalty for failure to make the required minimum distribution (RMD) from retirement accounts for 2020. A similar provision was included in a proposal in the House released on March 23, the Take Responsibility for Workers and Families Act.
What Are Required Minimum Distributions?
Under current law, required minimum distributions must be withdrawn from individual retirement plans to avoid a 50% penalty on the required minimum...
FY2020 Defense Reprogrammings for Wall Funding: Backgrounder
On February 13, 2020, the Department of Defense (DOD) transferred $3.8 billion from defense procurement programs to the Army Operation and Maintenance account for use by the U.S. Army Corps of Engineers (USACE) for the construction of 31 additional barrier projects along the southern border of the United States. Table 1. Summary of FY2020 DOD Reprogramming Action to Support the Border Wall ($ in thousands) Base or OCO / Appropriation Amount Percentage
Base $2,202,000 57.48%
Aircraft Procurement, Air Force
$532,000
24.16%
Aircraft Procurement, Navy
$558,000
...
Department of Veterans Affairs: Caregiver Support
The conflicts in Iraq and Afghanistan have presented a new challenge for the United States as servicemembers returned from combat with serious injuries that may have been fatal in previous conflicts. These servicemembers require ongoing personal care services, which are often provided by family members and loved ones. In recognition of this significant challenge, Congress enacted the Caregivers and Veterans Omnibus Health Services Act of 2010 (P.L. 111-163), which required the Department of Veterans Affairs (VA) to establish specific supports for caregivers of veterans.
The Veterans...
The Take Responsibility for Workers and Families Act (H.R. 6379), introduced in the House on Monday, March 23, 2020, proposes direct payments to individuals and families—referred to as “2020 economic assistance payments to individuals.” This Insight provides a brief overview of these proposed payments.
Generally, for individuals and families that filed an income tax return, the economic assistance payment would be an advanced refundable tax credit that they would automatically receive in 2020 as a direct deposit or check by mail. Most recipients of Social Security or Supplemental Security...
The Take Responsibility for Workers and Families Act: Division T—Revenue Provisions
A number of recently introduced legislative proposals seek to alleviate the adverse economic effects of the COVID-19 outbreak. One such proposal, the Take Responsibility for Workers and Families Act (H.R. 6379), was introduced in the House on March 23, 2020. The proposal includes a number of provisions that would make changes to the tax system, including modifications that would
provide a one-time payment to households;
temporarily expand the earned income tax credit, child tax credit, and dependent care tax credit;
provide employer payroll tax credits for certain hospital expenses and...
Responding to the COVID-19 Outbreak with Community Development Block Grant (CDBG) Authorities
In response to the economic impact of the COVID-19 pandemic, some in Congress have suggested using the Community Development Block Grant (CDBG) program as a vehicle for providing financial relief to states and communities. Congress has regularly instituted a special variant of CDBG for long-term disaster recovery, known as CDBG-Disaster Recovery (CDBG-DR). This Insight considers the potential role of CDBG and CDBG-DR as economic development countermeasures to the coronavirus outbreak. For more information on the health and epidemiological aspects of COVID-19, see CRS products R46219 and...
Legislative text of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, circulated on Sunday, March 22, 2020, proposes direct payments to individuals and families—“2020 recovery rebates.” This Insight provides a brief overview of the proposed 2020 recovery rebates included in the text circulated on March 22, which differ from those included in the legislation introduced on March 19.
The proposed 2020 recovery rebates equal $1,200 per person ($2,400 for married taxpayers filing a joint tax return) and $500 per child. These amounts would phase down for higher-income taxpayers....
Emergency Funding for Public Transportation Agencies Due to COVID-19
Public Transportation Agency Budgets
The COVID-19 pandemic has reportedly resulted in a swift and large loss of public transportation ridership and fare revenue. Examples in the early days of the crisis include an 88% loss of ridership for New Jersey Transit, a 60% loss of subway ridership for New York’s Metropolitan Transportation Authority, a 60% loss for Denver’s Regional Transportation District, and a 90% loss for Bay Area Rapid Transit in San Francisco. Many transit agencies, including the Washington Metropolitan Area Transit Authority, have responded by cutting service, encouraging...
COVID-19 and Funding for Civil Aviation
The COVID-19 pandemic has created headwinds for the airline industry. Out of health concerns, customers were canceling international air travel to China and other affected countries in Asia as early as January 2020. Since then, travel restrictions imposed by governments around the world as well as suspension of nonessential travel by businesses and organizations have led to a sharp drop in air travel. These developments could also have significant implications for civil aviation programs.
The International Air Transport Association, an airline industry group, projected on March 17 that the...
COVID-19 Economic Stimulus: Business Payroll Tax Cuts
The economic fallout from coronavirus disease (COVID-19) has accelerated rapidly. Policymakers continue to evaluate tax policy economic relief options. Payroll tax cuts for businesses are one option that would provide economic assistance to business activities.
Business Payroll Taxes
Payroll taxes are collected to finance certain entitlement programs, including Social Security, parts of Medicare, and Unemployment Compensation (UC). Social Security’s old age, survivors, and disability insurance (OASDI) payroll tax is paid by both employers and employees, and it finances the Social Security...
COVID-19 and Passenger Airline Travel
The COVID-19 global pandemic presents particular risks and challenges to commercial passenger airline travel. Taking a passenger flight involves numerous interpersonal interactions, transiting through often crowded airport terminals, and sitting in close proximity to others for extended periods, both onboard aircraft and at airport gates. These activities may increase the probability of exposure to infectious disease.
Curtailing infectious disease spread through airline travel is challenging, in part because the passenger airline system in the United States is highly concentrated around 30...
Federal Research and Development (R&D) Funding: FY2020
President Trump’s budget request for FY2020 included approximately $134.1 billion for research and development (R&D). Several FY2019 appropriations bills had not been enacted at the time the President’s FY2020 budget was prepared; therefore, the President’s budget included the FY2018 actual funding levels, 2019 annualized continuing resolution (CR) levels, and the FY2020 request levels. On February 15, 2019, Congress enacted the Consolidated Appropriations Act, 2019 (P.L. 116-6). This act included each of the remaining appropriations acts, completing the FY2019 appropriations process. The...
Targeted Tax Relief for Industries Impacted by the Coronavirus: Selected Policy Issues
One of the policy options being considered to minimize the damage to the U.S. economy from the domestic spread of the coronavirus is tax relief targeted at industries that have experienced substantial drops in revenue. To date, growing numbers of cruise lines, airlines, hotels, restaurants, retailers, and energy producers seem to have been hit the hardest by the economic impact of the virus. Depending on what happens to the spread of the coronavirus within the United States in coming weeks, other industries could be similarly affected. The prospect of a prolonged domestic coronavirus...
H.R. 6201: Paid Leave and Unemployment Insurance Responses to COVID-19
This Insight provides summary information on the paid leave and unemployment insurance (UI) provisions in the House-passed version of H.R. 6201, the Families First Coronavirus Response Act, including the technical corrections made by H.Res. 904. For a general discussion of current workplace leave policies and UI programs and benefits, including considerations related to COVID-19, see CRS Insight IN11233, Workplace Leave and Unemployment Insurance for Individuals Affected by COVID-19. For additional legislation introduced related to UI and COVID-19, see CRS Report R45478, Unemployment...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (S. 3548) proposes direct payments of up to $1,200 per person ($2,400 for married taxpayers filing a joint tax return) and $500 per child—“2020 recovery rebates.” Similar to the 2008 recovery rebates, these payments are structured as tax credits advanced to households that file an income tax return. Taxpayers that filed a 2018 income tax return would have this credit advanced to them in 2020, generally in the form of a direct deposit or check by mail. Thus, these taxpayers do not need to wait until 2020 tax returns are filed in...
Several Members of Congress and the Trump Administration have proposed direct cash payments as part of a fiscal response to the economic impacts of the COVID-19 pandemic. Direct cash payments have previously been part of the federal government’s response to economic downturns, most recently in 2001 and 2008. In general, the purpose of direct payments is twofold: (1) they allow families to spend more, and through a multiplier effect help to stimulate the economy; and (2) they provide resources to help meet basic needs for those whose income has decreased due to COVID-19 infection or...
Department of Veterans Affairs’ Potential Role in Addressing the COVID-19 Outbreak
The Department of Veterans Affairs (VA) provides a range of benefits to eligible veterans and their dependents. The department carries out its programs nationwide through three administrations and the Board of Veterans’ Appeals (BVA). The Veterans Health Administration (VHA) is responsible for health care services and medical and prosthetic research programs. The Veterans Benefits Administration (VBA) is responsible for, among other things, providing disability compensation, pensions, and education assistance. The National Cemetery Administration (NCA) is responsible for maintaining...
Military Child Development Program: Background and Issues
The Department of Defense (DOD) operates the largest employer-sponsored child care program in the United States, serving approximately 200,000 children of uniformed servicemembers and DOD civilians, and employing over 23,000 child care workers, at an annual cost of over $1 billion. DOD’s child development program (CDP) includes accredited, installation-based, government-run, full-time pre-school and school-aged care in its Child Development Centers (CDCs), and subsidized care in Family Care Centers (FCCs). DOD also subsidizes care in private child care centers outside of military...
Presidential Declarations of Emergency for COVID-19: NEA and Stafford Act
This Insight provides an overview of the presidential declarations of emergency made under the National Emergencies Act (NEA; 50 U.S.C. §§1601 et seq.) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.) in response to the novel coronavirus 2019 (COVID-19). Table 1 describes select differences between these types of declarations and their authorities. This Insight does not discuss other actions mentioned by the President, or federal agencies (other than the Department of Health and Human Services (HHS)) that have been, or may be,...
Policy Topics and Background Related to Mining on Federal Lands
The 116th Congress is considering multiple proposed changes to U.S. mineral policy. Currently certain types of mineral production on federal lands provide the federal government and some states and industries with sources of revenue, while other production does not generate similar revenue. Proposed changes to federal mineral policy could impact these revenue streams, industries, and states in a variety of ways.
The processes and requirements to mine on federal lands vary by mineral category, surface/subsurface management agencies, and estate ownership. Three main statutes create the three...
COVID-19 and Direct Payments to Individuals: Historical Precedents
Members of Congress and the Trump Administration have signaled their support for making direct payments to individuals to address the economic fallout from the COVID-19 outbreak. In current discussions, these payments are sometimes framed in terms of “universal basic income” or UBI proposals. In the past when these proposals were made—and sometimes enacted—they were framed in terms of providing economic stimulus.
Historical Precedents
There are historical precedents for such payments; most of these were done through the federal income tax code. The Internal Revenue Service (IRS) sent...
COVID-19 and Direct Payments to Individuals: How Did the 2008 Recovery Rebates Work?
In response to concerns about an economic slowdown stemming from the COVID-19 pandemic, policymakers have been considering a broad array of policy options. Some are targeted directly toward individuals and industries that may be most affected. Others would more broadly seek to stimulate the economy. Among this latter category of policies, some have proposed direct cash payments sent to virtually all U.S. households.
In 2008 Congress enacted direct cash payments—the 2008 recovery rebates—that were tax credits advanced to households that had filed an income tax return. A portion of these...
COVID-19: Cybercrime Opportunities and Law Enforcement Response
Opportunistic criminals and other malicious actors exploit the internet and rapidly evolving technology to their advantage. Criminals can compromise financial assets; hacktivists can flood websites with traffic, effectively shutting them down; and spies can steal intellectual property and government secrets. And, they capitalize on ever changing world events. Federal officials have cautioned about scams relating to the outbreak of disease caused by a previously unidentified strain of coronavirus, designated Coronavirus Disease 2019, or COVID-19. They have noted that “[c]yber actors may...
Federal Assistance to Troubled Industries: Selected Examples
Serious disruptions for certain industries caused by the COVID-19 (coronavirus) pandemic have led to calls for federal government assistance to affected industries. Direct federal financial assistance to the private sector on a large scale is unusual, except for geographically narrow assistance following natural disasters. Nonetheless, assistance to business sectors affected by COVID-19 would not be the first occasion on which the federal government has aided troubled or financially distressed industries. Historically, aid—sometimes popularly referred to as “government bailouts”—has taken...
In response to the COVID-19 outbreak, on March 13, 2020, the Department of Transportation (DOT) issued a national emergency declaration to exempt from the Hours of Service (HOS) rule through April 12, 2020, commercial drivers providing direct assistance in support of relief efforts related to the virus. This includes transport of certain supplies and equipment, as well as personnel. Drivers are still required to have at least 10 consecutive hours off duty (eight hours if transporting passengers) before returning to duty.
It has been estimated that up to 20% of bus and large truck crashes...
This CRS Insight provides information related to initial responses to Coronavirus disease 2019, or COVID-19, by the Administrative Office of U.S. Courts and select courts within the federal judiciary. Consequently, this Insight is not intended to provide a comprehensive overview of the policies and practices adopted by each federal court or judicial entity. Additionally, given the rapidly changing situation surrounding COVID-19, the information provided in this Insight may be superseded by new information from that which is described in the text below. If there are any questions regarding...
The Palestinians and Amendments to the Anti-Terrorism Act: U.S. Aid and Personal Jurisdiction
Two recent amendments to the Anti-Terrorism Act (ATA, 18 U.S.C. §§ 2331 et seq.) have significant implications for U.S. aid to the Palestinians and U.S. courts’ ability to exercise jurisdiction over Palestinian entities. They are the Anti-Terrorism Clarification Act of 2018 (ATCA, P.L. 115-253) and the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA, § 903 of the Further Consolidated Appropriations Act, 2020, P.L. 116-94).
Congress passed ATCA after a U.S. federal lawsuit (known in various incarnations as Waldman v. PLO and Sokolow v. PLO) against the...
The Defense Production Act (DPA) and COVID-19: Key Authorities and Policy Considerations
As the coronavirus (COVID-19) pandemic evolves, the United States faces drug and medical supply scarcities due to disrupted supply chains and increased demand. In response, the President may exercise emergency authorities under the Defense Production Act of 1950 (DPA; 50 U.S.C. §§4501 et seq.) to address supply shortages and economic development impacts. During a press conference on March 18, 2020, the President indicated that he would invoke the DPA to address domestic essential goods and materials shortages caused by the pandemic. This Insight considers the various DPA authorities that...
COVID-19 and Stimulus Payments to Individuals: How the 2009 Economic Recovery Payment Worked
In response to concerns about an economic slowdown due to the Coronavirus Disease 2019 (COVID-19) outbreak, some lawmakers have expressed interest in providing direct cash payments to Americans. One option to provide such payments would be to establish a new advanced refundable tax credit, as was done in 2008 with “recovery rebates.” Although this option would disburse payments to the vast majority of Americans relatively quickly, it would not directly help those who do not file a federal income tax return. A 2017 study found that “nonfilers” were more likely to be seniors or recipients of...
SBA Economic Injury Disaster Loans for COVID-19
The current COVID-19 pandemic may have significant economic implications for businesses and nonprofit organizations, including negative impacts on imports, global supply chains, and tourism. Furthermore, if COVID-19 becomes increasingly widespread or prolonged it may slow global growth, and some businesses may be forced to furlough or lay off workers. One potential form of assistance to small businesses is Small Business Administration (SBA) economic injury disaster loans (EIDLs).
EIDL Overview
EIDLs provide eligible small businesses and nonprofit organizations up to $2 million to help...
What If the Philippines Ends the Visiting Forces Agreement?
On February 10, 2020, the Government of the Philippines submitted to the U.S. Embassy in Manila a “notice of termination” of the Philippines-U.S. Visiting Forces Agreement (VFA). The VFA governs the legal status of U.S. military forces operating in the Philippines and establishes rules by which U.S. troops, vessels and aircraft may enter the country. The notification started a 180-day review period; the agreement itself will expire at the end of that time. The VFA has been in effect since 1999, eight years after the Philippines rejected a treaty that would have extended the U.S. lease of...
In response to concerns about an economic slowdown stemming from the COVID-19 pandemic, policymakers have been considering a broad array of policy options. Some are targeted directly toward the individuals and industries that may be most affected. Others would more broadly seek to stimulate the economy. Among this latter category of policies, some have suggested a payroll tax cut, while others have proposed direct cash payments—“recovery rebates”—to virtually all households. One mechanism to provide cash payments relatively quickly is to create a new refundable tax credit and then advance...
The Families First Coronavirus Response Act (H.R. 6201) includes an employer tax credit for the paid sick and family leave required as part of this legislation. This tax credit is intended to cover the cost to businesses of providing paid leave to address the coronavirus disease (COVID-19) pandemic. This Insight provides an overview of the tax credits, including the corrections included in H.Res. 904, as passed by the House on March 16, 2020.
Tax Credits for Paid Leave
The employer payroll tax credit is for wages paid to fulfill the new leave requirements. The Emergency Paid Sick Leave...
Workplace Leave and Unemployment Insurance for Individuals Affected by COVID-19
This Insight provides a brief overview of the current availability of job-connected assistance to individuals, which may be relevant to the outbreak of coronavirus disease 2019 (COVID-19). Specifically, this product discusses workplace leave, paid and unpaid, that may be available to workers affected by the virus, as well as unemployment insurance (UI) benefits. It also discusses policy options to amend or expand existing UI programs to be more responsive to the effects of COVID-19.
Workplace Leave
Workers affected by COVID-19 may seek to use paid or unpaid workplace leave for their own...
COVID-19 and the Cruise Ship Industry
The cruise ship industry has been heavily impacted by coronavirus disease 2019 (COVID-19). Major cruise lines have canceled trips from U.S. ports over the next month. In recent weeks, several cruise ships have been quarantined offshore and U.S government health officials have advised against cruise ship travel for the time being. These events have raised questions about government oversight over the cruise industry, the potential economic harm the coronavirus could have on the industry, and whether the industry is largely America- or foreign-based.
Employment in the Cruise Ship...
Power Generation and Electric Reliability in the U.S. Virgin Islands
Two and a half years after Hurricanes Irma and Maria damaged 80% to 90% of the power transmission and distribution systems across the U.S. Virgin Islands (USVI), financial and infrastructure issues continue to challenge the U.S. Virgin Islands Water and Power Authority (WAPA). A combination of infrastructure needs and cash flow challenges has impacted electricity rates. As of February 1, 2020, electricity rates were approximately $0.40 per kilowatt-hour (kWh) for residential customers (for the first 250 kWh) and approximately $0.47/kWh for commercial customers. In 2017, prior to the...
COVID-19: Potential Role of Net Operating Loss (NOL) Carrybacks in Addressing the Economic Effects
A number of industries may suffer losses in 2020 as a result of the coronavirus disease 2019 (COVID-19) outbreak. The travel and tourism industry, and restaurant industry, appear particularly susceptible at the moment due to an uptick in canceled reservations and a reduction in bookings. Other industries are likely to be impacted as well by a drop-off in consumer spending and a resulting reduction in profits, with the impacts likely increasing if COVID-19 continues to spread.
Before 2018, businesses with losses could “carry back” net operating losses (NOL) and use them to receive a refund...
The Stafford Act Emergency Declaration for COVID-19
This Insight provides an overview of emergency declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.). It describes the forms of assistance authorized pursuant to President Donald J. Trump’s March 13, 2020 emergency declaration under the Stafford Act in all U.S. states and territories in response to the coronavirus disease 2019 (COVID-19) pandemic.
Stafford Act Emergency Declaration for COVID-19
The President’s emergency declaration, pursuant to Stafford Act Section 501(b),...
Coronavirus Disease 2019 (COVID-19) Poses Challenges for the U.S. Blood Supply
The current Coronavirus Disease 2019 (COVID-19) outbreak may pose significant challenges for the United States’ blood supply. Mitigation strategies to prevent the spread of COVID-19, such as closures of schools and workplaces, have led to blood drive cancellations, resulting in a critical blood supply shortage in the Pacific Northwest (specifically, western Washington and Oregon). School closures, event cancellations, and other mitigation strategies in other areas of the country may provide challenges for maintaining a sufficient blood supply. The management and distribution of the U.S....
Business Tax Provisions Expiring in 2020, 2021, and 2022 (“Tax Extenders”)
Thirteen temporary business tax provisions are scheduled to expire at the end of 2020. Four other temporary business tax provisions are scheduled to expire in 2021 or 2022. In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.”
This report briefly summarizes and discusses the economic impact of the 17 business-related tax provisions that are scheduled to expire in 2020, 2021, or 2022. The provisions discussed in this report are listed below, grouped by type and...
This report provides an overview of the Fiscal Year (FY) 2020 budget request and appropriations for the International Trade Administration (ITA), the U.S. International Trade Commission (USITC), and the Office of the United States Trade Representative (USTR). These three trade-related agencies are funded through the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations. This report also provides a review of these trade agencies' programs.
The Administration's FY2020 Budget Request
The President submitted his budget request to Congress on March 11, 2019. For FY2020,...
Sunshine Week: Selected Issues for Congress
Coinciding with former President James Madison’s birthday, Sunshine Week recognizes the importance of transparency in government operations, and the work of Freedom of Information Act (FOIA; 5 U.S.C. §552) professionals across the federal government. Considered a defender of open government, Madison wrote, “A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance; And the people who mean to be their own Governors, must arm themselves with the power, which knowledge...
COVID-19 and Broadband: Potential Implications for the Digital Divide
According to the Federal Communications Commission’s (FCC) 2019 Broadband Deployment Report, approximately 21.3 million Americans lack a broadband connection speed of at least 25 megabits per second (Mbps) download/3 Mbps upload, which is the FCC’s benchmark for high-speed broadband. In the midst of the coronavirus (COVID-19) pandemic, federal, local, and state governments, in addition to large and small businesses, are considering remote working or distance learning options to help abate the spread of the virus. As these decisions are made, some portion of the population will likely have...
The Abandoned Mine Reclamation Fund: Reauthorization Issues in the 116th Congress
Coal mining and production in the United States during the 20th century contributed to the nation meeting its energy requirements and left a legacy of unreclaimed lands. Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA, P.L. 95-87) established the Abandoned Mine Reclamation Fund. The Office of Surface Mining Reclamation and Enforcement (OSMRE) administers grants from the Abandoned Mine Reclamation Fund to eligible states and tribes to reclaim affected lands and waters resulting from coal mining sites abandoned or otherwise left unreclaimed prior to the enactment of...
Telehealth and Telemedicine: Frequently Asked Questions
The use of information and communication technology (ICT) in the health care industry is an emergent issue for Congress. The health care industry is using telehealth and telemedicine in two major ways: (1) to supplement in-person care for underserved populations who experience barriers to in-person care and (2) to supplant in-person care for patients who like the convenience of using technology to access their health care services.
This report provides responses to frequently asked questions about telehealth and telemedicine. This report serves as a quick reference to provide easy access...
President Donald Trump signed H.R. 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act, on March 6, 2020. It provides a total of $8.3 billion in supplemental funding to support the response of the United States to Coronavirus Disease 2019 (COVID-19).
Prior to the passage of H.R. 6074, Congress had already begun to oversee the federal government’s response to COVID-19 with committee hearings in both the House and the Senate. Other committees are planning additional hearings in the coming weeks, and the Trump Administration has also been providing regular...
Tax Cuts as Fiscal Stimulus: Comparing a Payroll Tax Cut to a One-Time Tax Rebate
The Trump Administration and certain Members of Congress have expressed interest in a temporary payroll tax reduction as a fiscal stimulus response to economic concerns resulting from the coronavirus disease 2019 (COVID-19). Other lawmakers have emphasized that, with respect to tax-relief proposals, “everything’s on the table.” This sentiment reflects potential uncertainty in both the current economic outlook and what tax policy options might be most effective as the coronavirus outbreak evolves. An alternative to a temporary payroll tax reduction that might be considered, and has been...
FY2019 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA), most recently comprehensively amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), is the primary source of federal aid to K-12 education. The Title I-A program is the largest grant program authorized under the ESEA and was funded at $15.9 billion for FY2019. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of...
COVID-19: Potential Economic Effects
This Insight discusses the potential economic effects of the coronavirus (COVID-19) on the U.S. economy. For background on the coronavirus, see CRS In Focus IF11421, COVID-19: Global Implications and Responses, by Sara M. Tharakan et al.
Channels Through Which the Virus Could Affect the Economy
Although the COVID-19 outbreak presently is most widespread abroad, it will directly affect foreign demand for U.S. exports of goods and services. As discussed in this CRS In Focus, the coronavirus could also disrupt U.S. companies’ international supply chains. If COVID-19 becomes widespread in the...
Advance Appropriations for the Indian Health Service: Issues and Options for Congress
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. In FY2019, IHS provided health care to approximately 2.6 million eligible American Indians/Alaska Natives through a system of programs and facilities located on or near Indian reservations, and through contractors in certain urban areas.
Current IHS Funding: Continuing Resolutions and Shutdowns
IHS is the only major federal provider of health care that is solely funded through regular appropriations on...
Senate Floor Privileges: History and Current Practice
Senate Standing Rule XXIII, Privilege of the Floor, designates those afforded access to the Senate floor while the Senate is in session. In addition to sitting Senators, the rule lists several eligible positions, including certain current and former congressional, executive, and judicial officials; state and territorial governors; the mayor of the District of Columbia; members of foreign national legislatures; the nation’s highest ranking military leaders; and, under specified circumstances, congressional staff members assisting Senators on the floor.
Over its history, the Senate has...
Haiti’s Political and Economic Conditions
Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, disrespect for human rights, underdevelopment, and extreme poverty. Widespread corruption remains an impediment to changing that legacy. Haiti made significant progress in improving governance prior to the 2010 earthquake, but recovery since then has been slow. Democratic institutions remain weak and stability fragile. Poverty remains massive and deep, and economic disparity is wide. Due to its proximity to the United States and its chronically unstable...
Payroll Tax Cuts as an Economic Stimulus Response to Coronavirus Disease (COVID-19)
The current coronavirus disease (COVID-19) outbreak has increased concerns that the U.S. economy could be affected as part of a global economic downturn. A range of fiscal and monetary policy tools have been used to address prior times of economic weakness. One option for fiscal stimulus is a temporary payroll tax cut for employees. This option was used to address economic weakness in 2011 and 2012. On March 2, 2020, President Trump and others expressed interest in a one-year payroll tax cut to help bolster the economy.
What Are Payroll Taxes?
Payroll taxes are collected to finance certain...
Health Resources and Services Administration (HRSA): Maternal Health Programs
The Health Resources and Services Administration (HRSA) of the Department of Health and Human Services (HHS) is one of the federal agencies charged with addressing U.S. maternal health outcomes. HRSA’s Improving Maternal Health in America initiative aims to address U.S. maternal health issues by, among other approaches, improving maternal health data, increasing maternal health research, and prioritizing quality improvement in maternal health care services.
The FY2019 appropriations report language for the Department of Defense and Labor, Health and Human Services, and Education...
International Food Assistance: FY2020 Appropriations
U.S. international food assistance programs provide food, or the means to purchase food, to people around the world at risk of hunger. Congress funds these programs through two appropriations bills: the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act—also known as the Agriculture appropriations bill—and the Department of State, Foreign Operations, and Related Programs (SFOPS) Appropriations Act. The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. The SFOPS appropriations...
Committee Jurisdiction and Referral in the House
When legislation is introduced in the House or received from the Senate, it is referred to one or more committees primarily on the basis of the jurisdictional statements contained in clause 1 of House Rule X. These statements define the policy subjects on which each standing committee may exercise jurisdiction on behalf of the chamber. The statements themselves tend to address broad policy areas rather than specific departments, agencies, or programs of the federal government. Because committee jurisdiction often is expressed in general policy terms, it is possible for more than one...
Health Care for Veterans: Answers to Frequently Asked Questions
The Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA), operates one of the nation’s largest integrated health care delivery systems. The VHA estimates that in FY2020 it would provide care to about 6.33 million unique veteran patients. In the same year, VHA estimates that it would employ a staff of about 347,000 full-time equivalent employees at approximately, 1,456 VA sites of care, with an appropriation of approximately $80.6 billion. VA health care is a discretionary program; therefore, the provision of health care is dependent on available appropriations....
Because the Constitution gives Congress the power over spending of federal tax dollars, nearly every federal agency is influenced by the House and Senate appropriations committees. The congressional budget process is a complex series of legislative activities that includes budget resolutions, reconciliation to set tax levels and mandatory spending, and the annual approval of the 12 appropriations bills. In addition to these annual bills, appropriations committees regularly consider supplemental and emergency spending packages, as well as continuing resolutions (CRs) when final approval of...
Office of Science and Technology Policy (OSTP): History and Overview
Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states, “The primary function of the OSTP Director is to provide, within the Executive Office of the President [EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.” Further, “The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans,...
U.S. Farm Income Outlook: February 2020 Forecast
This report uses the U.S. Department of Agriculture’s (USDA) farm income projections (as of February 5, 2020) to describe the U.S. farm economic outlook for 2020. Two major indicators of U.S. farm well-being are net farm income and net cash income. Net farm income represents an accrual of the value of all goods and serviced produced on the farm during the year—similar in concept to gross domestic product. In contrast, net cash income uses a cash flow concept to measure farm well-being: Only cash transactions for the year are included. Thus, crop production is recorded as net farm income...
International Trade: Rules of Origin
Rules of origin (ROO) are laws, regulations, and procedures used to determine the country of origin of an imported product. They are a significant part of international trade policy because ROO are needed to properly assess tariffs, enforce trade remedies (such as antidumping and countervailing duties) or quantitative restrictions (tariff quotas), and statistical purposes. Other commercial trade policies are also linked with country of origin determinations, such as labeling and government procurement regulations. Given Congress’ authority to regulate foreign commerce, it may consider how...
Overview of U.S. Domestic Response to Coronavirus Disease 2019 (COVID-19)
This report discusses selected actions taken by the federal government to quell the introduction and spread of Coronavirus Disease 2019 (COVID-19) in the United States. COVID-19 is causing the third serious outbreak of novel coronavirus in modern times, following severe acute respiratory syndrome (SARS) in 2002 and Middle East Respiratory Syndrome (MERS) in 2012. The global health community is closely monitoring COVID-19 because of the severity of symptoms (including death) among those infected, and the speed of its spread worldwide. At this time, U.S health officials say the general...
Federal Land Management Agencies and Programs: CRS Experts
Congress faces multiple issues regarding the ownership and management of federal lands and related resources. The following table provides access to names and contact information of CRS experts on general policy issues related to federal land management, as well as the CRS experts on the specific agencies charged with management of those lands. These agencies include the Bureau of Land Management, U.S. Fish and Wildlife Service, and National Park Service in the Department of the Interior, and the U.S. Forest Service in the Department of Agriculture. For an overview of these issues, see...
The Renewable Fuel Standard (RFS): Frequently Asked Questions About Small Refinery Exemptions (SREs)
In the Energy Policy Act of 2005 (P.L. 109-58; EPAct05), Congress required the U.S. Environmental Protection Agency (EPA) to implement the Renewable Fuel Standard (RFS)—a mandate that requires U.S. transportation fuel to contain a minimum volume of renewable fuel. Since expansion of the RFS in 2007 under the Energy Independence and Security Act (P.L. 110-140; EISA), Congress has had interest in the RFS for various reasons (e.g., limited cellulosic biofuel production, EPA’s use of programmatic waiver authority, and RFS compliance costs). Over the last several months, Congress has expressed...
COVID-19: Federal Economic Development Tools and Potential Responses
The current coronavirus disease (COVID-19) outbreak has led to tens of thousands of cases and thousands of deaths worldwide. In addition to the disease’s mortality and public health effects, it may have potentially significant economic implications, including productivity losses, supply chain disruptions, labor dislocation, and potential financial pressure on businesses and households. Relatively few federal programs are available to provide timely economic relief to affected businesses. This Insight considers the outbreak’s economic development implications and policy considerations for...
U.S.-EU Trade Agreement Negotiations: Trade in Food and Agricultural Products
The Office of the U.S. Trade Representative (USTR) officially notified the Congress of the Trump Administration’s plans to enter into formal trade negotiations with the European Union (EU) in October 2018. In January 2019, USTR announced its negotiating objectives for a U.S.-EU trade agreement, which included agricultural policies—both market access and non-tariff measures. However, the EU’s negotiating mandate, released in April 2019, stated that the trade talks would exclude agricultural products.
U.S.-EU27 Agricultural Trade, 1990-2019/
Source: CRS from USDA data for “Total...
ESEA: Title I-A Standards, Assessments, Accountability, Report Cards, and Frequently Asked Questions
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), provides federal aid for elementary and secondary education. The largest ESEA program is Title I-A, Improving the Academic Achievement of the Disadvantaged. As a condition of receiving Title I-A funds, states and local educational agencies (LEAs) must meet requirements related to academic standards, assessments, accountability, and reporting.
Academic Standards
Each state must adopt (1) challenging academic content standards in reading/language arts (RLA), mathematics, and...
Major Agricultural Trade Issues in 2020
Sales of U.S. agricultural products to foreign markets absorb about one-fifth of U.S. agricultural production, thus contributing significantly to the health of the farm economy. Farm product exports, which totaled $136 billion in FY2019 (see chart), make up about 8% of total U.S. exports and contribute positively to the U.S. balance of trade. The economic benefits of agricultural exports also extend across rural communities, while overseas farm sales help to buoy a wide array of industries linked to agriculture, including transportation, processing, and farm input suppliers.
U.S....
European Energy Security: Options for EU Natural Gas Diversification
As a major energy consuming region, Europe faces a number of challenges in addressing its future energy needs. For member states of the European Union (EU), challenges include rapidly rising global demand and competition for energy resources from countries such as China and India, tensions with Russia, efforts to integrate the EU’s internal energy market, and a growing need to shift fuels in keeping with the EU’s climate change policy goals. As a result, energy supply security has become a key concern for the EU. European energy security is also of significant interest to the United...
The Committee on Foreign Investment in the United States (CFIUS)
The Committee on Foreign Investment in the United States (CFIUS) is an interagency body comprised of nine Cabinet members, two ex officio members, and other members as appointed by the President, that assists the President in reviewing the national security aspects of foreign direct investment in the U.S. economy. While the group often operated in relative obscurity, the perceived change in the nation’s national security and economic concerns following the September 11, 2001, terrorist attacks and the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in...
Federal Freight Policy: In Brief
This report provides an overview of federal planning and funding for freight transportation infrastructure, namely for trucks, railroads, and vessels. The report also discusses the relative performance of these modes in carrying the freight burden and examines the decline in the waterborne share. Congestion is a concern to different degrees for the three modes. freight, cargo, truck, rail, maritime, barge, shipping, port, congestion, infrastructure, RRIF, train, locks, inland waterways, army corps, dredging, harbor, surface transportation board, STB, jones act, cabotage, railroad, highway,...
U.S. Trade Deficit and the Impact of Changing Oil Prices
Exports and imports of petroleum products and changes in their prices have long had a large impact on the U.S. balance of payments, often serving as a major component in the U.S. trade deficit. Over the past decade, however, this has changed. Currently, petroleum prices are having less of an impact on the U.S. balance of payments primarily due to the growth in U.S. exports of petroleum products; in the last four months of 2019, U.S. exports of petroleum products exceeded imports. While this represents a major step in achieving energy independence, the United States remains a major net...
FY2020 LHHS Appropriations: Status
On December 20, 2019, the President signed into law the Further Consolidated Appropriations Act, 2020 (P.L. 116-94). This law contains full-year FY2020 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) in Division A. The FY2020 LHHS annual appropriations total more than $1 trillion, when accounting for both mandatory and discretionary funding. Previously, FY2020 LHHS funding had been provided on a temporary basis by two continuing resolutions (P.L. 116-59, P.L. 116-69).
Scope of the Bill
The LHHS bill provides the annually...
Foreign Assistance for International Conservation
The United States provides foreign assistance to support myriad global objectives, including the conservation of wildlife and ecosystems. The United States provides foreign assistance in the form of financial, programmatic, and technical support to address international conservation activities. International conservation activities include those relating to species protection, habitat restoration, and forest recovery, among other priorities. Several federal agencies administer these programs, including the U.S. Fish and Wildlife Service (FWS), the U.S. Forest Service, the U.S. Department...
The 2020 Census: Frequently Asked Questions
April 1, 2020, will mark the official date of the 24th U.S. decennial census. Mandated by the Constitution and federal law, the census is considered a cornerstone of the nation’s representative democracy. Nevertheless, an enumeration that is complete and accurate is difficult to achieve. Among other challenges, the census is often misunderstood, mischaracterized, feared, or avoided. This report addresses common questions concerning the 2020 census. The report is intended to provide information about the census, including clarifying various aspects of the census process. Among the topics...
Selected Agency Budget Justifications for FY2021
This report provides a convenient listing of online FY2021 agency budget justification submissions for all 15 executive branch departments and 9 selected independent agencies. In most cases, budget justifications contain more detailed descriptions of the proposals and programs that are provided in the President’s budget submissions. This report is updated each year after the agencies release their budget justifications to accompany the President’s budget submission.
Federal Land Ownership: Overview and Data
The federal government owns roughly 640 million acres, about 28% of the 2.27 billion acres of land in the United States. Four major federal land management agencies administer 606.5 million acres of this land (as of September 30, 2018). They are the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI) and the Forest Service (FS) in the Department of Agriculture. A fifth agency, the Department of Defense (excluding the U.S. Army Corps of Engineers), administers 8.8 million acres in the United States (as of...
Rural Development Provisions in the 2018 Farm Bill (P.L. 115-334)
The U.S. Department of Agriculture’s (USDA) Rural Development agency (RD) administers programs to support rural infrastructure and economic development. This includes programs focused on rural housing, rural business development, rural water and energy infrastructure, and, more recently, rural broadband deployment. Congress considers reauthorizing these programs in periodic omnibus farm bills. In December 2018, President Trump signed the 2018 farm bill (Agriculture Improvement Act of 2018, P.L. 115-334) into law. This legislation reauthorizes and amends RD programs, establishes new rural...
FY2021 Defense Budget Request: An Overview
The FY2021 President’s budget request includes $753.5 billion in budget authority for national defense. National defense is one of 20 major functions used by the Office of Management and Budget (OMB) to aggregate budget dataand the largest in terms of discretionary spending. The national defense budget function (identified by the numerical notation 050) comprises three subfunctions: Department of Defense (DOD)–Military (051); atomic energy defense activities primarily of the Department of Energy (053); and other defense-related activities (054), such as FBI counterintelligence...
Workers’ Compensation: Overview and Issues
Workers’ compensation provides cash and medical benefits to workers who are injured or become ill in the course of their employment and provides cash benefits to the survivors of workers killed on the job. Benefits are provided without regard to fault and are the exclusive remedy for workplace injuries, illnesses, and deaths. Nearly all workers in the United States are covered by workers’ compensation. With the exception of federal employees and some small groups of private-sector employees covered by federal law, workers compensation is provided by a network of state programs. In general,...
FERC Directs PJM to Expand Minimum Offer Price Rule
On December 18, 2019, the Federal Energy Regulatory Commission (FERC) issued an order directing the PJM regional transmission organization (RTO) to expand its Minimum Offer Price Rule (MOPR) as a move to address subsidies to electric power generation resources by states, with certain exemptions. FERC stated that it acted “to protect the competitive capacity market administered by PJM” by requiring PJM to expand its MOPR to apply to any new or existing power generation resource that receives, or is entitled to receive, a state subsidy, unless a FERC-determined exemption applies. FERC...
Electric Vehicles: A Primer on Technology and Selected Policy Issues
The market for electrified light-duty vehicles (also called passenger vehicles; including passenger cars, pickup trucks, SUVs, and minivans) has grown since the 1990s. During this decade, the first contemporary hybrid-electric vehicle debuted on the global market, followed by the introduction of other types of electric vehicles (EVs). By 2018, electric vehicles made up 4.2% of the 16.9 million new light-duty vehicles sold in the United States that year. Meanwhile, charging infrastructure grew in response to rising electric vehicle ownership, increasing from 3,394 charging stations in 2011...
Accomplices, Aiding and Abetting, and the Like: An Abbreviated Overview of 18 U.S.C. § 2
Virtually every federal criminal statute has a hidden feature; primary offenders and even their most casual accomplices face equal punishment. This is the work of 18 U.S.C. § 2, which visits the same consequences on anyone who orders or intentionally assists in the commission of a federal crime.
Aiding and abetting means assisting in the commission of someone else’s crime. Section 2(a) demands that the defendant embrace the crime of another and consciously do something to contribute to its success. An accomplice must know the offense is afoot if he is to intentionally contribute to its...
Liberia: Background and U.S. Relations
Introduction. Congress has shown enduring interest in Liberia, a small coastal West African country of about 4.8 million people. The United States played a key role in the country’s founding, and bilateral ties generally have remained close despite significant strains during Liberia’s two civil wars (1989-1997 and 1999-2003). Congress has appropriated considerable foreign assistance for Liberia, and has held hearings on the country’s postwar trajectory and development. In recent years, congressional interest partly has centered on the immigration status of over 80,000 Liberian nationals...
Accomplices, Aiding and Abetting, and the Like: An Overview of 18 U.S.C. § 2
Virtually every federal criminal statute has a hidden feature; primary offenders and even their most casual accomplices face equal punishment. This is the work of 18 U.S.C. § 2, which visits the same consequences on anyone who orders or intentionally assists in the commission of a federal crime.
Aiding and abetting means assisting in the commission of someone else’s crime. Section 2(a) demands that the defendant embrace the crime of another and consciously do something to contribute to its success. An accomplice must know the offense is afoot if he is to intentionally contribute to its...
Management of Mild Traumatic Brain Injury (mTBI) in the Military
On January 7, 2020, the Department of Defense (DOD) reported that the Islamic Republic of Iran launched a number of ballistic missiles at certain Iraqi military bases hosting U.S. and coalition military forces. These forces utilize Iraqi military bases to support counter-terrorism operations within the region, including military actions against the Islamic State under Operation Inherent Resolve. DOD initially reported no U.S. or coalition casualties, then later stated that 34 U.S. servicemembers assigned to these locations were subsequently diagnosed with mild traumatic brain injury (mTBI)...
Currency Manipulation and Countervailing Duties
On February 4, 2020, the Commerce Department issued a final rule that paves the way for imposing tariffs on imports from countries determined by the U.S. government to be undervaluing their currency relative to the U.S. dollar. Various Members of Congress have debated such a policy for years, including in 2013 and 2015, but Congress has refrained from legislating it due to a variety of concerns.
Currency Manipulation
For more than a decade, some policymakers and analysts have expressed concerns that U.S. exports and jobs have been harmed by unfair exchange rate policies of other countries...
The United Kingdom (UK) formally withdrew from membership in the European Union (EU) on January 31, 2020. Under the withdrawal agreement negotiated by the two sides, the UK is to continue applying EU rules during a transition period scheduled to run through the end of 2020. During the transition period, the UK and the EU are expected to begin negotiating the terms of their future relationship, including trade and economic relations as well as cooperation on foreign policy, security, and a range of other issues.
Overview of Developments
After the 2016 referendum in which 52% of voters in...
Recent Developments in the Russia-Ukraine Conflict
On January 31, 2020, U.S. Secretary of State Michael Pompeo met with Ukrainian President Volodymyr Zelensky in Kyiv. The meeting occurred during the Senate’s presidential impeachment trial and almost two months after the relaunch of international talks on resolving the conflict in eastern Ukraine. Pompeo expressed the United States’ commitment to Ukraine’s sovereignty and territorial integrity and stated that the United States would continue to provide security assistance to Ukraine.
Pompeo also acknowledged Zelensky’s efforts to invigorate a relatively dormant conflict-resolution process...
Economic and Fiscal Conditions in the U.S. Virgin Islands
Fiscal and economic challenges facing the U.S. Virgin Islands (USVI) government raise several issues for Congress. Congress may choose to maintain oversight of federal policies that could affect the USVI’s long-term fiscal stability. Congress also may consider further legislation that would extend or restructure long-range disaster assistance programs to mitigate those challenges and promote greater resiliency of infrastructure and public programs. Federal responses to the USVI’s fiscal distress could conceivably affect municipal debt markets more broadly. Greater certainty in federal...
Legislative Branch: FY2020 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Congressional Workplace Rights (formerly Office of Compliance); Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The legislative branch budget request was submitted on March 11, 2019. Following hearings in the House and...
Department of Housing and Urban Development (HUD): FY2021 Budget Request Fact Sheet
Overview of FY2021 President’s Budget request for the Department of Housing and Urban Development (HUD).
Drug Pricing and Pharmaceutical Patenting Practices
Intellectual property (IP) rights in pharmaceuticals are typically justified as necessary to allow manufacturers to recoup their substantial investments in research, development, and regulatory approval. IP law provides exclusive rights in a particular invention or product for a certain time period, potentially enabling the rights holder (e.g., a brand-name drug manufacturer) to charge higher-than-competitive prices. If rights holders are able to charge such prices, they have an incentive to lengthen the period of exclusive rights as much as possible. Indeed, some commentators allege that...
Congress May Consider Options to Extend Expiring Funds for Primary Care
The Affordable Care Act (ACA), enacted in March 2010, appropriated mandatory funds to support three programs focused on expanding access to primary care services for populations that are typically underserved. These three programs are the Health Centers program, the National Health Service Corps (NHSC), and payments to support medical residents training at teaching health centers—outpatient health facilities that primarily provide care to underserved populations.
The mandatory ACA funds for these programs were initially provided for five years. Funding for each of these three programs had...
The National Bioengineered Food Disclosure Standard: Overview and Select Considerations
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In July 2016, Congress enacted P.L. 114-216 (2016 Act), comprehensive legislation to govern the labeling of bioengineered foods. The 2016 Act required the U.S. Department of Agriculture (USDA) to establish the National Bioengineered Food Disclosure Standard (the Standard). The Standard regulates labeling of bioengineered foods, a term defined in the 2016 Act. The act does not address or define other terms that some members of the public might associate with bioengineered foods, such as genetically engineered (GE), genetically modified, and genetically modified organism (GMO). The...
Illicit Drug Smuggling Between Ports of Entry and Border Barriers
Policy discussions around border security often involve questions about how illicit drugs flow into the United States. These include questions about the smugglers, types and quantities of illicit drugs crossing U.S. borders, primary entry points, and methods by which drugs are smuggled. Further, these discussions often center on the shared U.S.-Mexico border, as it is a major conduit through which illicit drugs flow.
There are no comprehensive data on the total quantity of foreign-produced illicit drugs smuggled into the United States at or between official ports of entry (POEs) because...
The Army’s Modernization Strategy: Congressional Oversight Considerations
In October 2019, the Army published a new modernization strategy aimed at transforming the Army in order to conduct Multi-Domain Operations (MDO) which are intended to address the current and future actions of near-peer competitors Russia and China. The Army’s Modernization Strategy is part of a hierarchy of strategies designed, among other things, to inform the Service’s respective modernization plans. These strategies include the National Security Strategy (NSS), the National Defense Strategy (NDS), the National Military Strategy (NMS), and the Army Strategy.
The Army’s Modernization...
The Patient Protection and Affordable Care Act of 2010 (ACA, P.L. 111-148, as amended) authorized the establishment of a private, nonprofit, tax-exempt corporation called the Patient-Centered Outcomes Research Institute (PCORI) at Social Security Act (SSA) Section 1181. This built on provisions in prior law that expanded the federal government’s role in comparative effectiveness research (CER). The American Reinvestment and Recovery Act of 2009 (ARRA, P.L. 111-5) provided a total of $1.1 billion for CER and required an Institute of Medicine report with recommendations on national CER...
U.S. international family planning activities stem from a provision of the Foreign Assistance Act of 1961 (Section 104, P.L. 87-195; as amended), which authorized research on family planning issues, among many other things. In 1965, Congress authorized the U.S. Agency for International Development (USAID) to create contraceptive distribution programs. Originally, international family planning programs focused on distributing contraceptives and related commodities. Over time, such programs evolved to also address reproductive health issues, such as female genital mutilation (FGM) and...
Monetary Policy and the Federal Reserve: Current Policy and Conditions
Congress has delegated responsibility for monetary policy to the Federal Reserve (the Fed), the nation’s central bank, but retains oversight responsibilities for ensuring that the Fed is adhering to its statutory mandate of “maximum employment, stable prices, and moderate long-term interest rates.” To meet its price stability mandate, the Fed has set a longer-run goal of 2% inflation.
The Fed’s control over monetary policy stems from its exclusive ability to alter the money supply and credit conditions more broadly. Normally, the Fed conducts monetary policy by setting a target for the...
Federal Spending on Benefits and Services for People with Low Income: FY2008-FY2018 Update
The Congressional Research Service (CRS) regularly receives requests about federal benefits and services targeted to low-income populations. This report is the latest update in a series of CRS reports that attempt to identify and provide information about federal spending targeted to this population. The report series does not discuss social insurance programs such as Social Security, Medicare, or Unemployment Insurance, but includes only programs with an explicit focus on low-income people or communities. Tax provisions, other than the refundable portion of two tax credits, are excluded....
Oil Market Effects from U.S. Economic Sanctions: Iran, Russia, Venezuela
Economic sanctions imposed by the United States—through enacted legislation and executive action—on Iran, Russia, and Venezuela aim to pressure the ruling governments to change their behavior and policies. Currently, these sanctions aim to either eliminate (Iran) or restrict (Venezuela) crude oil trade of as much as 3.3 million to 4.0 million barrels per day (bpd), roughly 3%-4% of global petroleum supply. Estimated oil production volumes affected to date have been approximately 1.7 million bpd from Iran. Venezuela oil production has also likely been affected, although accurately...
Over the 1979-2018 period, real wages at the 10th percentile of the hourly wage distribution grew by 1.6%, whereas wages at the 50th percentile grew by 6.1% and wages at the 90th percentile grew by 37.6%. These patterns varied by sex, race, and ethnicity. Most of the increase in wage inequality at the bottom of the distribution occurred by 1990 and leveled off by 2000, whereas inequality continued to grow at the top of the distribution after 2000. Lower wages are associated with less education, and the college wage premium (the ratio of earnings of those with a college degree over those...
Egypt: Death of American Citizen and Congressional Response
Overview
On January 13, 2020, Mustafa Kassem, a dual U.S.-Egyptian citizen who had been detained in Egypt since 2013, died of heart failure in an Egyptian prison after a two-year hunger strike. The Egyptian government has defended its treatment of Kassem, claiming that he received adequate medical care and legal rights. Secretary of State Michael R. Pompeo called Kassem’s death “pointless and tragic.”
Some Members of Congress had long been concerned for Kassem, arguing that Egyptian authorities unlawfully detained and wrongfully convicted him. Kassem’s death has upset some in Congress,...
National Security Space Launch
The United States is making significant efforts to pursue a strategy that ensures continued access to space for national security missions. The current strategy is embodied in the National Security Space Launch (NSSL) program. The NSSL supersedes the Evolved Expendable Launch Vehicle (EELV) program, which started in 1995 to ensure that National Security Space (NSS) launches were affordable and reliable. For the same reasons, policymakers provide oversight for the current NSSL program and encourage competition, as there was only one provider for launch services from 2006 to 2013. Moreover,...
The Current State of Federal Information Technology Acquisition Reform and Management
The Government Accountability Office (GAO) has reported that the federal government budgets more than $90 billion each year on information technology (IT) investments. Historically, the projects supported by these investments have often incurred “multi-million dollar cost overruns and years-long schedule delays.” In addition, GAO has reported that these projects may contribute little to mission-related outcomes and, in some cases, may fail altogether. These undesirable results, according to GAO, “can be traced to a lack of disciplined and effective management and inadequate executive-level...
Advance Refunding Bonds and P.L. 115-97
On January 29, 2020, the chairs of the House Transportation and Infrastructure, Energy and Commerce, and Ways and Means Committees released the Moving Forward Framework, which would invest roughly $760 billion in infrastructure projects over a five-year period. Among other things, the draft would reinstate the ability to issue federally tax-exempt advance refunding bonds, whose issuance authority was repealed by the 2017 tax revision (P.L. 115-97; sometimes referred to as the Tax Cuts and Jobs Act, or TCJA). This Insight briefly describes advance refunding bonds, summarizes recently...
Lebanon Forms New Government Amid Economic Crisis, Ongoing Protests
On January 21, Lebanese Prime Minister Hassan Diab announced the formation of a new Lebanese government, 85 days after nationwide protests triggered the resignation of former Prime Minister Saad Hariri. The new cabinet is comprised entirely of parties allied with the March 8 political bloc—headed by the Christian Free Patriotic Movement (FPM), Hezbollah, and the Amal Movement—leading some to describe it as one-sided. The new government faces significant challenges, including ongoing protests and an escalating economic crisis. However, the political composition of the new government—and the...
FY2020 Disaster Supplemental and Tax Legislation: CRS Experts
The House Appropriations Committee has introduced H.R. 5687, legislation that includes supplemental appropriations and tax provisions responding to a series of natural disasters. Table 1 lists CRS materials and points of contact for congressional clients seeking background on the contents of the legislation.
For those seeking context for this measure by comparing it to previous disaster supplemental appropriations measures, please see CRS Report R45844, FY2019 Disaster Supplemental Appropriations: Overview; and CRS Report R45084, 2017 Disaster Supplemental Appropriations: Overview.
Israel and the Palestinians: U.S. Peace Plan and Possible Israeli Annexation
President Trump released a long-promised “Peace to Prosperity” plan for Israel and the Palestinians on January 28, 2020, after obtaining support from Israeli Prime Minister Binyamin Netanyahu and Netanyahu’s main political rival Benny Gantz. The release and Netanyahu’s announced intention to annex parts of the Israeli military-controlled West Bank might affect a closely-contested Israeli election scheduled for March 2—the third in the past year pitting Netanyahu (who has been indicted on corruption charges) and Gantz against one another. Members of Congress have had mixed reactions to the...
Regulation Best Interest (Reg BI): The SEC’s Rule for Broker-Dealers
On June 5, 2019, the Securities and Exchange Commission (SEC) voted to adopt Regulation Best Interest (Reg BI) under the Securities and Exchange Act of 1934 (P.L. 73-291). Reg BI reforms requirements for broker-dealers when they make investment recommendations to retail customers. According to the SEC, Reg BI is meant to “enhance the broker-dealer standard of conduct beyond existing ... obligations [by] requiring broker-dealers ... to: (1) act in the best interest of the retail customer at the time the recommendation is made, without placing the financial or other interest of the...
Competition on the Edge of the Internet
Edge providers are individuals and entities that provide content, applications, services, and devices accessed over the internet. An edge provider can be a personal blog created by an individual or a website created by a billion-dollar company. Some edge providers sell products or subscriptions, while others sell consumer data or use it for digital advertising. Edge provider activities, conducted on the “edge” of the internet—hence the name—are not regulated by the Federal Communications Commission (FCC).
Edge providers rely on internet service providers (ISPs) and mobile carriers to...
Indo-Pacific Strategies of U.S. Allies and Partners: Issues for Congress
China’s growing confidence in asserting itself regionally and internationally, combined with longstanding concerns about whether the United States has the capacity or commitment to remain the region’s dominant actor, is leading U.S. allies and partners to adjust their strategic posture. This report seeks to outline some of these changes and to outline the perspectives of Indo-Pacific nations seeking to navigate a changing geopolitical environment, including by recasting their conception of the region to draw in new potential counterweights to China such as India, prioritizing new defense...
The United Nations Framework Convention on Climate Change (UNFCCC) has been the principle forum for cooperation among nations on greenhouse gas (GHG)-induced climate change since its adoption in 1992. Its objective is “to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous human interference with the climate system, in a time frame which allows ecosystems to adapt naturally and enables sustainable development.”
Stabilizing GHG concentrations in the atmosphere requires that the balance of “gross” emissions of GHG minus the removals of GHG from...
Escalating U.S. Tariffs: Affected Trade
The trade practices of U.S. trading partners and the U.S. trade deficit are a focus of the Trump Administration. Citing these and other concerns, the President has imposed tariff increases under three U.S. laws:
(1) Section 201 of the Trade Act of 1974 on U.S. imports of washing machines and solar products, due to concerns over their injurious effects on domestic U.S. industry;
(2) Section 232 of the Trade Expansion Act of 1962 on U.S. imports of steel and aluminum, and potentially motor vehicles and titanium sponge, due to concerns that imports threaten to impair the national security;...
Energy and Water Development: FY2020 Appropriations
The Energy and Water Development and Related Agencies appropriations bill provides funding for civil works projects of the U.S. Army Corps of Engineers (USACE); the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); the Appalachian Regional Commission (ARC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s funding.
Overall Funding Totals
President Trump submitted his FY2020 detailed budget proposal to Congress on March 18, 2019...
Another Coronavirus Emerges: U.S. Domestic Response to 2019-nCoV
The Emergence of 2019-nCoV
On December 31, 2019, the World Health Organization (WHO) was informed of a cluster of pneumonia cases in Wuhan, China. Illnesses have since been linked to a previously unidentified strain of coronavirus, designated 2019 novel Coronavirus, or 2019-nCoV. To date, thousands have been infected, mostly in China, and over 100 have died. The disease has spread to several other countries, including the United States. As the scope of the epidemic widened in China, the U.S. Centers for Disease Control and Prevention (CDC) stated on January 27, 2020, that “the immediate...
Overview of FY2020 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Trump Administration and Congress to provide FY2020 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. The annual CJS appropriations act provides funding for the Department of Commerce, which includes bureaus and offices such as the Census Bureau, the U.S. Patent and Trademark Office (USPTO), the National Oceanic and Atmospheric Administration (NOAA), and the National Institute of Standards and Technology (NIST); the Department of Justice (DOJ), which includes agencies such as the Federal Bureau of Investigation...
Escalating U.S. Tariffs: Timeline
The trade practices of U.S. trading partners and the U.S. trade deficit are a focus of the Trump Administration. Citing these and other concerns, the President has imposed tariff increases under three U.S. laws:
(1) Section 201 of the Trade Act of 1974 (Table 1) on U.S. imports of washing machines and solar products due to concerns over their injurious effects on domestic U.S. industry;
(2) Section 232 of the Trade Expansion Act of 1962 (Table 2) on U.S. imports of steel and aluminum, and potentially motor vehicles/parts and titanium sponge due to concerns that imports threaten to impair...
Research and development (R&D) has played a central role in the national security of the United States and its allies. R&D creates the foundation for new and improved technologies that underpin a wide range of applications.
Research, development, RDT&E, R&D, GBARD, government budget allocations for research and development, GDP, Defense, United States, OECD, research, development, RDT&E, R&D, GBARD, government budget allocations for research and development, GDP, Defense, United States, OECD, research, development, RDT&E, R&D, GBARD, government budget allocations for research and...
The U.S. Export Control System and the Export Control Reform Initiative
Difficulty with striking an appropriate balance between national security and export competitiveness has made the subject of export controls controversial for decades. Through the Arms Export Control Act (AECA), the International Emergency Economic Powers Act (IEEPA), the Export Controls Act of 2018 (ECA), and other authorities, the United States restricts the export of defense articles; dual-use goods and technology; certain nuclear materials and technology; and items that would assist in the proliferation of nuclear, chemical, and biological weapons or the missile technology used to...
On December 9, 2019, the Washington Post published a series of documents termed “the Afghanistan Papers.” The Papers comprise two sets of documents: about 1,900 pages of notes and transcripts of interviews with more than 400 U.S. and other policymakers that were carried out between 2014 and 2018 by the Special Inspector General for Afghanistan Reconstruction (SIGAR), and approximately 190 short memos (referred to as “snowflakes”) from former Secretary of Defense Donald Rumsfeld, dating from 2001 to 2004. The documents, and the Washington Post stories that accompany them, suggest that U.S....
Internet Regimes and WTO E-Commerce Negotiations
From retail to agriculture or healthcare, digitization has affected all sectors and allowed more industries to engage with customers and partners around the globe. Many U.S. companies thrived in the initial online environment, which lacked clear rules and guidelines, quickly expanding their offerings and entering foreign markets. As the internet has evolved, however, governments have begun to impose national laws and regulations to pursue data protection, data security, privacy, and other policy objectives. The lack of global rules and norms for data and digital trade is leading to...
Recent Slower Economic Growth in the United States: Policy Implications
The current economic expansion is the longest in recorded U.S. history, but it has not been characterized by rapid economic growth. From the beginning of the current economic expansion in the third quarter of 2009 to the second quarter of 2017, this expansion had the lowest economic growth rate of any expansion since World War II, averaging 2.2%. For the next five quarters, growth accelerated to 3.1%. However, growth has slowed since, averaging 2.1% over the next four quarters beginning in the fourth quarter of 2018. The slower growth rate has been widespread, but has been particularly...
Burma Ordered to Prevent Genocide Against Rohingya
The International Court of Justice (ICJ) on January 23, 2020, ordered Burma to undertake four “provisional measures” to prevent genocidal acts against the Rohingya and “prevent the destruction and ensure the preservation of evidence related to allegations of [genocidal] acts.”
The ICJ order comes two days after Burma’s Independent Commission of Enquiry (ICOE) submitted its final report to Burma’s President Win Myint, indicating that while it had obtained evidence that “war crimes and serious human rights violations” may have occurred during the 2017 “clearance operations” in Rakhine...
Social Security is a work-based federal insurance program that provides income support to workers and their eligible family members in the event of a worker’s retirement, disability, or death. About 6% of workers in paid employment or self-employment in 2019 were not covered by Social Security. A quarter of state and local government employees and most permanent civilian federal employees hired before January 1, 1984, were not covered, and these groups constituted the majority of noncovered workers.
For workers whose entire careers are covered by Social Security, the Social Security...
Federal Income Tax Treatment of the Family Under the 2017 Tax Revisions
The federal income tax treatment of the family is affected by several major structural elements applicable to all taxpayers: amounts deductible from taxable income through standard deductions, personal exemptions, and itemized deductions; the rate structure (which varies across taxpayer types); the earned income credit and the child credit; and the alternative minimum tax. Some of these provisions only affect high-income families and some only low-income families, but they are the tax code’s fundamental structural features. They lead to varying tax burdens on families depending on whether...
Multilateral Development Banks: U.S. Contributions FY2000-FY2020
This report shows in tabular form how much the Administration requested and how much Congress appropriated for U.S. payments to the multilateral development banks since 2000.
Multilateral development banks provide financial assistance to developing countries in order to promote economic and social development. The United States belongs to several multilateral development banks, including the World Bank and four regional development banks (the African Development Bank, the Asian Development Bank, the Inter-American Development Bank, and the European Bank for Reconstruction and...
Petitions for Rulemaking: An Overview
The Administrative Procedure Act (APA), enacted in 1946, is known primarily for its procedural requirements for notice-and-comment rulemaking. Those requirements state that when issuing regulations, agencies must generally give public notice (i.e., issue a proposed rule), hold a public comment period, and publish a final rule.
A lesser known provision in the APA is a petition mechanism through which any interested party can request an agency to issue, amend, or repeal a rule (Section 553(e)). Such petitions are sometimes referred to as 553(e) petitions, petitions for rulemaking, petitions...
On January 19, 2020, Honduran President Juan Orlando Hernández allowed the mandate of the Organization of American States (OAS)-backed Mission to Support the Fight Against Corruption and Impunity in Honduras (MACCIH) to expire. The U.S. Congress had provided significant financial and political support for the MACCIH throughout its four-year mandate as the mission helped Honduran institutions deter and investigate high-level corruption. A bipartisan group of Members had also repeatedly called on President Hernández to extend the mission’s mandate. The MACCIH’s closure could negatively...
U.S. Trade in Services: Trends and Policy Issues
Trade in “services” refers to a wide and growing range of economic activities. These activities include transport, tourism, financial services, use of intellectual property, telecommunications and information services, government services, maintenance, and other professional services from accounting to legal services. Compared to goods, the types and volume of services that can be traded are limited by factors such as the requirement for direct buyer-provider contact, and other unique characteristics such as the reusability of services (e.g., professional consulting) for which traditional...
FY2020 Appropriations for Agricultural Conservation
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. The FY2020 Further Consolidated Appropriations Act (P.L. 116-94, Division B) includes funding for conservation programs and activities at USDA, among other departments.
Agricultural conservation programs include both mandatory and discretionary spending. Most conservation program funding is mandatory and is authorized in omnibus farm bills. Other conservation programs—mostly technical assistance—are discretionary spending funded through annual appropriations. The FY2020...
FDA Regulation of Cannabidiol (CBD) Consumer Products: Overview and Considerations for Congress
Cannabidiol (CBD), a compound in the Cannabis sativa plant, has been promoted as a treatment for a range of conditions, including epileptic seizures, post-traumatic stress disorder, anxiety, inflammation, and sleeplessness. However, limited scientific evidence is available to substantiate or disprove the efficacy of CBD in treating these conditions. In the United States, CBD is marketed in food and beverages, dietary supplements, cosmetics, and tobacco products such as electronic nicotine delivery systems (ENDS)—products that are primarily regulated by the Food and Drug Administration...
Department of Homeland Security Appropriations: FY2020
This report provides an overview and analysis of FY2020 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on the funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on DHS appropriations. It also directs the reader to other reports providing context for specific component appropriations.
As part of an overall DHS budget that the Office of Management and Budget (OMB) estimated to be $92.08 billion, the Trump...
U.S. Signs Phase One Trade Deal with China
President Trump on January 15, 2020, signed a phase one trade agreement with the Chinese government that is intended to resolve some of the trade and investment issues the Administration raised in March 2018, pursuant to Section 301 of the U.S. Trade Act of 1974. Including appendices, the agreement is 96 pages and covers some aspects of intellectual property (IP) (Chapter 1), technology transfer (Chapter 2), agriculture (Chapter 3), financial services (Chapter 4), macroeconomic policies and exchange rates (Chapter 5), trade purchases (Chapter 6), and dispute resolution (Chapter 7)....
International Trade and Finance: Overview and Issues for the 116th Congress
The U.S. Constitution grants authority to Congress to lay and collect duties and regulate foreign commerce. Congress exercises this authority in numerous ways, including through oversight of trade policy and consideration of legislation to implement trade agreements and authorize trade programs. Policy issues cover areas such as U.S. trade negotiations, U.S. trade and economic relations with specific regions and countries, international institutions focused on trade, tariff and nontariff barriers, worker dislocation due to trade liberalization, enforcement of trade laws and trade agreement...
Special Diabetes Programs Expire in FY2020: Policy Considerations and Extension Proposals
Under the Balanced Budget Act of 1997 (P.L. 105-33), Congress amended the Public Health Service Act (PHSA) to create two special diabetes programs. The first—the Special Diabetes Program for Type I Diabetes (PHSA §330B; U.S.C. 42 §254c-2)—provides funding for the National Institutes of Health (NIH) to award grants to study type I diabetes. The second—the Special Diabetes Program for Indians (PHSA §330C; U.S.C. 42 §254c-3)—provides funding to the Indian Health Service (IHS) to award grants for activities related to preventing and treating diabetes for American Indians and Alaska Natives at...
The Effectiveness of the Community Reinvestment Act
The Community Reinvestment Act (CRA; P.L. 95-128, 12 U.S.C. §§2901-2908) addresses how banking institutions meet the credit needs of the areas they serve, particularly in low- and moderate-income (LMI) neighborhoods. The federal banking regulatory agencies—the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC)—currently implement the CRA. The regulators issue CRA credits, or points, where banks engage in qualifying activities—such as mortgage, consumer, and business lending; community...
Possible Use of FY2020 Defense Funds for Border Barrier Construction: Context and Questions
On January 13, 2020, the Washington Post reported that the Trump Administration plans to reallocate $7.2 billion in Department of Defense (DOD) appropriations to construct barriers along the U.S.-Mexico border. Of this amount, $3.7 billion would reportedly come from deferring congressionally approved military construction (MILCON) projects. An additional $3.5 billion would be redirected through DOD’s Drug Interdiction and Counter-Drug Activities account (hereinafter counter-drug transfer account). If the Administration were to carry out the actions as described by the Washington Post, DOD...
Social Security and Vulnerable Groups—Policy Options to Aid Widows
As Congress actively considers Social Security reform options, one area of interest is Social Security policy levers to aid vulnerable groups—widows, low earners, caregivers, older beneficiaries, spouses, and never-married individuals. In the context of widows, researchers and policymakers have raised concerns about both benefit adequacy and benefit equity. In 2017, about 18% of all individuals aged 60 or older were widows; however, nearly 26% of individuals aged 60 or older living in poverty were widows.
Benefit adequacy concerns stem from the facts that the widow has outlived the spouse,...
The Kiddie Tax and Military Survivors’ Benefits
Some military families discovered that they owed higher taxes for 2018 and 2019 on distributions from their military survivors’ benefits than they had in previous years. This change in tax treatment was related to temporary changes to the “kiddie tax” in the 2017 tax revision (P.L. 115-97). However, Congress enacted language in the Further Consolidated Appropriations Act, 2020 (P.L. 116-94) that repealed those temporary changes to the kiddie tax beginning in 2020. In addition, P.L. 116-94 enables taxpayers to retroactively elect to be taxed as if the kiddie tax changes in P.L. 115-97 did...
Federal Crop Insurance: Record Prevent Plant (PPL) Acres and Payments in 2019
U.S. agricultural production got off to a late start in 2019 due to prolonged cool, wet springtime conditions throughout the major growing regions, particularly in states across the northern plains and eastern Corn Belt. Saturated soils prevented many farmers from planting their intended crops—such acres are referred to as “prevent plant (PPL)” acres. As of November 1, 2019, the U.S. Department of Agriculture (USDA) reported that farmers were unable to plant a record 19.6 million acres in 2019—including 11.4 million acres of corn and 4.5 million acres of soybeans. The previous record for...
Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions
On May 8, 2018, President Donald Trump signed National Security Presidential Memorandum 11, “ceasing U.S. participation in the JCPOA [Joint Comprehensive Plan of Action] and taking additional action to counter Iran’s malign influence and deny Iran all paths to a nuclear weapon.” The action set in motion a reestablishment of U.S. unilateral economic sanctions that affect U.S. businesses and include secondary sanctions that target the commerce originating in other countries that engage in trade with and investment in Iran.
U.S.-Iran bilateral relations continued to deteriorate from this...
Presidential Pardons: Overview and Selected Legal Issues
Article II, Section 2 of the U.S. Constitution authorizes the President “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” The power has its roots in the king’s prerogative to grant mercy under early English law, which later traveled across the Atlantic Ocean to the American colonies. The Supreme Court has recognized that the authority vested by the Constitution in the President is quite broad, describing it as “plenary,” discretionary, and largely not subject to legislative modification. Nonetheless, there are two textual limitations...
U.S. Killing of Qasem Soleimani: Frequently Asked Questions
The January 2, 2020, U.S. killing in Iraq of Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) Commander Qasem Soleimani, generally regarded as one of the most powerful and important officials in Iran, has potentially dramatic implications for the United States. For Congress, it raises possible questions about U.S. policy in the Middle East, broader U.S. global strategy, U.S. relations with partners and allies, the authorization and legality of U.S. military action abroad, U.S. measures to protect its servicemembers and diplomatic personnel, and congressional oversight of these and...
Kashmir: Background, Recent Developments, and U.S. Policy
In early August 2019, the Indian government announced that it would make major changes to the legal status of its Muslim-majority Jammu and Kashmir (J&K) state, specifically by repealing Article 370 of the Indian Constitution and Section 35A of its Annex, which provided the state “special” autonomous status, and by bifurcating the state into two successor “Union Territories” with more limited indigenous administrative powers. The changes were implemented on November 1, 2019. The former princely region’s sovereignty has been unsettled since 1947 and its territory is divided by a military...
Copyright Act and Communications Act Changes in 2019 Related to Television
On December 20, 2019, President Donald J. Trump signed the Satellite Television Community Protection and Promotion Act of 2019, and the Television Viewer Protection Act of 2019 (Titles XI and X of Division P, respectively, of the Further Consolidated Appropriations Act, 2020, P.L. 116-94). The act permanently extends some legal provisions governing the retransmission of distant network broadcast signals, while repealing others. In addition, the act permanently extends and changes rules for retransmission consent negotiations between television station owners and operators of satellite and...
H.R. 1865 and the Look-Through Treatment of Payments Between Related Controlled Foreign Corporations
Potential Effect of FCC Rules on State and Local Video Franchising Authorities
Local and state governments have traditionally played an important role in regulating cable television operators, within limits established by federal law. In a series of rulings since 2007, the Federal Communications Commission (FCC) has further limited the ability of local governments (known as local franchise authorities) to regulate and collect fees from cable television companies and traditional telephone companies (known as telcos) offering video services.
In August 2019, in response to a ruling by a federal court of appeals, the FCC tightened restrictions on municipalities’ and—for...
The Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) authorizes programs and activities to provide support to individuals who are pursuing a postsecondary education and to institutions of higher education (IHEs). During the 116th Congress, the House Committee on Education and Labor marked up and ordered to be reported the College Affordability Act (H.R. 4674), which would provide for the comprehensive reauthorization of most HEA programs.
This report organizes the changes proposed by H.R. 4674 into seven themes:
Expanding the availability of financial aid to postsecondary...
FDIC Proposes Changes to Brokered Deposit Regulation
On December 12, 2019, the Federal Deposit Insurance Corporation (FDIC) proposed changes to current rules that restrict banks that are not well capitalized from accepting brokered deposits, a perennial point of contention between banks and regulators. Recently, banks and financial technology companies have developed or begun using new arrangements that may qualify as brokered deposits. This development has refocused attention on the issue.
Background
Core deposits are the funds individuals or companies directly place in checking and savings accounts, primarily to utilize the safekeeping,...
Comparing DHS Component Funding, FY2020: In Brief
(TO BE SUPPRESSED)
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. The Tables and Figure show DHS’s new discretionary budget authority enacted for FY2019 and requested by the Administration for FY2020, as well as proposed by the House and Senate Appropriations Committees in their reported legislation for FY2020, and ultimately enacted in P.L. 116-93, Division D. Analysis is of various funding streams at the component level.
Department of Homeland...
The Cable Franchising Authority of State and Local Governments and the Communications Act
Companies that provide cable television service (cable operators) are subject to regulation at the federal, state, and local levels. Under the Communications Act of 1934, the Federal Communications Commission (FCC or Commission) exercises regulatory authority over various operational aspects of cable service. At the same time, a cable operator must obtain a franchise from the state or local franchising authority for the area in which it wishes to provide cable service. The franchising authority often negotiates various obligations as a condition of granting the franchise.
Under the Cable...
Campaign and Election Security Policy: Overview and Recent Developments for Congress
In the United States, state, territorial, and local governments are responsible for most aspects of selecting and securing election systems and equipment. Foreign interference during the 2016 election cycle—and widely reported to be an ongoing threat—has renewed congressional attention to campaign and election security and raised new questions about the nature and extent of the federal government’s role in this policy area.
This report provides congressional readers with a resource for understanding campaign and election security policy. This includes discussion of the federal...
FY2020 National Defense Authorization Act: P.L. 116-92 (H.R. 2500, S. 1790)
The Administration’s FY2020 NDAA request would have authorized $568.1 billion designated as base budget funds to cover the routine, recurring costs to man, train, and operate U.S. forces. The request would have authorized an additional $173.8 billion designated as Overseas Contingency Operations (OCO) funds, of which $97.9 billion was requested for base programs. As enacted, the FY2020 NDAA authorizes a total of $729.9 billion for national defense-related activities, which is $12.0 billion (1.6%) less than the Administration requested.
Administration’s FY2020 National Defense Authorization...
Nature-Based Infrastructure: NOAA’s Role
The National Oceanic and Atmospheric Administration (NOAA) currently supports natural, nature-based, or green infrastructure and other related types of features (hereinafter referred to as nature-based infrastructure) as part of its statutory mandates to support, research, restore, and conserve natural resources. NOAA’s nature-based activities primarily fall under three line offices: the National Marine Fisheries Service, National Ocean Service, and Office of Oceanic and Atmospheric Research.
NOAA uses the term nature-based infrastructure and other related terms interchangeably to describe...
The Office of Federal Student Aid as a Performance-Based Organization
The Office of Federal Student Aid (FSA), within the U.S. Department of Education (ED), is established as a performance-based organization (PBO) pursuant to Section 141 of the Higher Education Act (HEA). FSA is a discrete management unit “responsible for managing the administrative and oversight functions supporting” the HEA Title IV federal student aid programs, including the Pell Grant and the Direct Loan programs. As such, it is the largest provider of postsecondary student financial aid in the nation. In FY2019, FSA oversaw the provision of approximately $130.4 billion in Title IV aid...
The Power of Congress and the Executive to Exclude Aliens: Constitutional Principles
Supreme Court precedent establishes that inherent principles of sovereignty give Congress “plenary power” to regulate immigration. The core of this power—the part that has proven most impervious to judicial review—is the authority to determine which non-U.S. nationals (aliens) may enter the United States and under what conditions. The Court has also established that the executive branch, when enforcing the laws concerning alien entry, has broad authority to do so mostly free from judicial oversight.
Two principles frame the scope of the political branches’ power to exclude aliens. First,...
Legal Authority to Repurpose Funds for Border Barrier Construction
President Trump has prioritized the construction of border barriers along the U.S.-Mexico border. Over the course of negotiations for FY2019 appropriations, the Administration asked Congress to appropriate $5.7 billion to the Department of Homeland Security (DHS) for that purpose. When Congress appropriated $1.375 billion to DHS for border fencing, the President announced that his Administration would fund the construction of border barriers by repurposing funds appropriated to the Department of Defense (DOD) and transferring funds from the Department of the Treasury. The Administration...
Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress
Prior to the September 11, 2001, terrorist attacks, coverage for losses from such attacks was normally included in general insurance policies without additional cost to the policyholders. Following the attacks, such coverage became expensive, if offered at all. Some observers feared the absence of insurance against terrorism loss would have a wider economic impact, because insurance is required to consummate a variety of transactions (e.g., real estate). For example, if real estate deals were not completed due to lack of insurance, this could have ripple effects—such as job loss—on related...
Department of Housing and Urban Development (HUD): Funding Trends Since FY2002
The Department of Housing and Urban Development (HUD) administers a number of programs and activities that are primarily designed to address housing problems faced by households with very low incomes or other special housing needs. Most of the funding for HUD’s programs and activities comes from discretionary appropriations provided each year in the Transportation, HUD, and Related Agencies annual appropriations acts.
HUD’s annual budget, as considered by congressional appropriators, is generally comprised of several components, including regular annual appropriations, which fund HUD’s...
The National Flood Insurance Program: Selected Issues and Legislation in the 116th Congress
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA; 42 U.S.C. §4001 et seq.), and was most recently reauthorized until September 30, 2020 (P.L. 116-93). The general purpose of the NFIP is both to offer primary flood insurance to properties with significant flood risk, and to reduce flood risk through the adoption of floodplain management standards. A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. The NFIP also engages in many “non-insurance” activities in the public interest:...
The Proposed Equal Rights Amendment: Contemporary Ratification Issues
The proposed Equal Rights Amendment to the U.S. Constitution (ERA) declares that “equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex....” The ERA was approved by Congress for ratification by the states in 1972; the amendment included a customary, but not constitutionally mandated, seven-year deadline for ratification. Between 1972 and 1977, 35 state legislatures, of the 38 required by the Constitution, voted to ratify the ERA. Despite a congressional extension of the deadline from 1979 to 1982, no additional states approved...
“Stage One” U.S.-Japan Trade Agreements
On October 7, 2019, after six months of formal negotiations, the United States and Japan signed two agreements intended to liberalize bilateral trade. One, the U.S.-Japan Trade Agreement (USJTA), provides for limited tariff reductions and quota expansions to improve market access. The other, the U.S.-Japan Digital Trade Agreement, includes commitments pertaining to digital aspects of international commerce, such as cross-border data flows. These agreements constitute what the Trump and Abe Administrations envision as “stage one” of a broader trade liberalization negotiation, which the two...
Iran’s Nuclear Program: Status
Iran’s nuclear program began during the 1950s. The United States has expressed concern since the mid-1970s that Tehran might develop nuclear weapons. Iran’s construction of gas centrifuge uranium enrichment facilities is currently the main source of proliferation concern. Gas centrifuges can produce both low-enriched uranium (LEU), which can be used in nuclear power reactors, and weapons-grade highly enriched uranium (HEU), which is one of the two types of fissile material used in nuclear weapons.
Is Iran Capable of Building Nuclear Weapons?
The United States has assessed that Tehran...
Foreign Interference in NIH Research: Policy Implications
Recent congressional hearings and media reports have raised the issue of foreign interference in research funded by the National Institutes of Health (NIH), the primary federal agency for biomedical research and development (R&D). An NIH investigation, conducted in partnership with the Federal Bureau of Investigation (FBI), uncovered numerous potential violations of laws and policies (some confirmed, others subject to ongoing investigation), including
scientists involved in the NIH peer review process sharing details of research proposals with foreign entities;
failure of scientists to...
U.S. Foreign-Trade Zones: Background and Issues for Congress
U.S. foreign-trade zones (FTZs) are geographic areas declared to be outside the normal customs territory of the United States. This means that, for foreign merchandise entering FTZs and re-exported as different products, customs procedures are streamlined and tariffs do not apply. For products intended for U.S. consumption, full customs procedures are applied and duties are payable when they exit the FTZ.
In 1934, in the midst of the Great Depression, Congress passed the U.S. Foreign Trade Zones Act. It was designed to expedite and encourage international trade while promoting domestic...
Members of Congress are authorized by law to nominate candidates for appointment to four U.S. service academies. These schools are the U.S. Military Academy, the U.S. Naval Academy, the U.S. Air Force Academy, and the U.S. Merchant Marine Academy. The fifth service academy, the U.S. Coast Guard Academy, does not require a congressional nomination for appointment. These institutions prepare college-age Americans to be officers of the U.S. uniformed services. Upon graduation, service academy graduates are commissioned as officers in the active or reserve components of the military or...
U.S. Farm Income Outlook: November 2019 Forecast
This report uses the U.S. Department of Agriculture’s (USDA’s) farm income projections (as of November 27, 2019) and agricultural trade outlook update (as of November 25, 2019) to describe the U.S. farm economic outlook for 2019. According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $92.5 billion in 2019, up $8.5 billion (+10.2%) from last year. The forecast rise in 2019 net farm income is largely the result of a 64.0% increase in government payments to the agricultural sector, with a projected total value of...
Flood Resilience and Risk Reduction: Federal Assistance and Programs
Recent flood disasters have raised congressional and public interest in reducing flood risks and improving flood resilience, which is the ability to adapt to, withstand, and rapidly recover from floods. Federal programs that assist communities in reducing their flood risk and improving their flood resilience include programs funding infrastructure projects (e.g., levees, shore protection) and other flood mitigation activities (e.g., nature-based flood risk reduction) and mitigation incentives for communities that participate in the National Flood Insurance Program (NFIP).
Assistance...
Navy Littoral Combat Ship (LCS) Program: Background and Issues for Congress
The Navy began procuring a small surface combatant called the Littoral Combat Ship (LCS) in FY2005, and a total of 35 LCSs have been procured through FY2019, including three in FY2019. The total of 35 LCSs is three more than the 32 the Navy says are required under its 355-ship force-level goal. The Navy wants FY2019 to be the final year of LCS procurement, and it has not requested the procurement of any additional LCSs in its FY2020 budget submission.
The Navy wants to shift procurement of small surface combatants in FY2020 to a new frigate called the FFG(X). The Navy’s proposed FY2020...
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress
In the years following the terrorist attacks of September 11, 2001, the Navy has carried out a variety of irregular warfare (IW) and counterterrorism (CT) activities. Among the most readily visible of these were operations carried out by Navy sailors serving ashore in the Middle East and Afghanistan, as well as the May 1-2, 2011, U.S. military operation in Abbottabad, Pakistan, that killed Osama bin Laden.
During these years, the Navy took certain actions intended to improve its IW capabilities. For example, the Navy established the Navy Expeditionary Combat Command (NECC) informally in...
Federal Employees’ Retirement System: Budget and Trust Fund Issues
Most of the civilian federal workforce is covered by one of two retirement systems: (1) the Civil Service Retirement System (CSRS) for individuals hired before 1984 or (2) the Federal Employees’ Retirement System (FERS) for individuals hired in 1984 or later. FERS annuities are fully funded by the sum of employee and employer contributions and interest earned by the Treasury bonds held by the Civil Service Retirement and Disability Fund (CSRDF). The federal government makes supplemental payments into the CSRDF on behalf of employees covered by the CSRS because employee and agency...
Surprise Billing in Private Health Insurance: Overview and Federal Policy Considerations
In response to individuals receiving large, unexpected medical bills for out-of-network care, Congress has recently been considering legislation to address surprise billing. As the term is currently being discussed, surprise billing typically refers to situations where consumers are unknowingly, and potentially unavoidably, treated by providers outside of the consumers’ health insurance plan networks and, as a result, unexpectedly receive larger bills than they would have received if the providers had been in the plan networks. In the 116th Congress, federal proposals have sought to...
The Inter-American Treaty of Reciprocal Assistance and the Crisis in Venezuela
On September 11, 2019, the United States and 11 other Western Hemisphere countries invoked the Inter-American Treaty of Reciprocal Assistance (Rio Treaty) to facilitate a regional response to the crisis in Venezuela. As a first step, on September 23, 2019, the countries that have ratified the treaty (states parties) agreed to identify, prosecute, and freeze the assets of certain individuals and entities associated with the government of Nicolás Maduro. On December 3, 2019, the states parties approved an initial list of 29 individuals alleged to have engaged in corruption and/or human...
Demand for Broadband in Rural Areas: Implications for Universal Access
As of 2019, over 20 million Americans—predominantly those living in rural areas—lacked access to high speed broadband service according to the Federal Communications Commission (FCC). Federal subsidies underwritten by taxpayer funds and long-distance telephone subscriber fees have injected billions of dollars into rural broadband markets over the past decade—mostly on the supply side in the form of grants, loans, and direct support to broadband providers.
Yet, adoption rates have leveled off after more than a decade of rapid growth, even as broadband providers have extended service to...
Activities-Based Regulation and Systemic Risk
Past financial crises have shown that systemic risk can emanate from financial firms or activities. It can be caused by the failure of a large firm (hence, the moniker “too big to fail”) or it can be caused by correlated losses among many small market participants. Although historical financial crises have centered on banks, nonbank financial firms were also a source of instability in the 2007-2009 crisis.
The 2010 Dodd-Frank Act (P.L. 111-203) enhanced the regulation of certain financial firms and activities to reduce systemic risk, particularly prudential regulation administered by the...
Medicaid Eligibility: Older Adults and Individuals with Disabilities
Medicaid is a joint federal-state program that finances the delivery of primary and acute medical services, as well as long-term services and supports (LTSS), to a diverse low-income population. In general, individuals qualify for Medicaid coverage by meeting the requirements of a specific eligibility pathway. An eligibility pathway is the federal statutory reference that extends Medicaid coverage to certain groups of individuals.
Each eligibility pathway specifies the group of individuals covered by the pathway (i.e., the categorical criteria). It also specifies the financial...
On November 24, 2019, Uruguayans narrowly elected Luis Lacalle Pou of the center-right National Party in a presidential runoff election. Lacalle Pou’s inauguration, scheduled for March 1, 2020, will end the center-left Broad Front coalition’s 15-year hold on power and could usher in several changes to Uruguay’s economic and security policies. The new government is also likely to align more closely with the United States on some foreign policy issues, such as efforts, supported by Congress, to facilitate the restoration of democracy in Venezuela.
Domestic Context
As much of the Latin...
Trends in the Timing and Size of DHS Appropriations: In Brief
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2020, FY2019, FY2018, FY2017. FY2016, FY2015, FY2014, FY2013 funding analysis
Misuse of Government Purchase Cards: Background, Legislation, and Analysis
Following their introduction in the mid-1990s, the usage of government purchase cards expanded at a rapid rate. Spurred by legislative and regulatory reforms designed to increase the use of purchase cards for small acquisitions, the dollar volume of government purchase card transactions grew from $527 million in FY1993 to $19.5 billion in FY2011. While the use of purchase cards was credited with reducing administrative costs during that time, audits of agency purchase card programs found varying degrees of waste, fraud, and abuse. One of the most common risk factors cited by auditors was a...
Farm Policy: USDA’s 2018 Trade Aid Package
In early 2018, the Trump Administration—citing concerns over national security and unfair trade practices—imposed increased tariffs on certain imported products in general and on U.S. imports from China in particular. Several of the affected foreign trading partners (including China) responded to the U.S. tariffs with their own retaliatory tariffs targeting various U.S. products, especially agricultural commodities. On July 24, 2018, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) would be taking several temporary actions to assist farmers in...
Supreme Court Criminal Law Decisions: 2019
In 2019, the Supreme Court issued a sizeable number of criminal law decisions, which addressed several topics, including sentencing, pretrial, statutory construction, and ineffective assistance of counsel. This report discusses the following Supreme Court holdings in greater detail:
Racially Discriminatory Jury Selection: “[T]he trial court at Flowers’ sixth trial committed clear error in concluding that the State’s peremptory strike of [a] black prospective juror ... was not motivated in substantial part by discriminatory intent.” Flowers v. Mississippi, 139 S. Ct. 2228 (2019).
Execution...
Military Families and Intimate Partner Violence: Background and Issues for Congress
Intimate partner violence (IPV) is a national public health issue. IPV is also a crime characterized by recidivism and escalation, meaning offenders are likely to be repeat abusers, and the intensity of the abuse or violence is likely to grow over time. Like the broader phenomenon of domestic violence and abuse, a subset of which includes IPV, associated physical and mental trauma for those who are victims of abuse, as well as for those minor children who witness the abuse, can have both immediate and long-term health effects and significant costs to society. When military servicemembers...
Leveraged Lending and Collateralized Loan Obligations: Frequently Asked Questions
Leveraged lending generally refers to loans made to businesses that are highly indebted or have a low credit rating. Most leveraged loans are syndicated, meaning a group of bank or nonbank lenders collectively funds a leveraged loan made to a single borrower, in contrast to a traditional loan held by a single bank. In some cases, investors hold leveraged loans directly. However, more than 60% of leveraged loans are securitized into collateralized loan obligations (CLOs)—securities backed by cash flow from pools of leveraged loans. These securities are then sold to investors. The largest...
Congressional Subpoenas of Presidential Advisers: The Impact of Committee on the Judiciary v. McGahn
Iraq: Protests, Transition, and the Future of U.S. Partnership
Mass protests and state violence against some protestors have shaken Iraq since October 2019, with at least 400 Iraqis reported dead and thousands more injured in Baghdad and several southern Iraqi cities. After security forces and unidentified gunmen killed 45 protestors on November 27 and 28, Prime Minister Adel Abd Al Mahdi publicly stated his intent to resign, which protestors and some prominent political figures had been demanding for months. Iraqi legislators in the Council of Representatives (COR) acknowledged the prime minister’s offer, but he remains in office until a replacement...
Israel and the Boycott, Divestment, and Sanctions (BDS) Movement
Israeli officials seek to prevent a boycott, divestment, and sanctions (BDS) movement against Israel from gaining strength. The BDS movement is a loose grouping of actors from various countries that advocate or engage in economic measures against Israel or Israel-related individuals or organizations. Defining precisely who may or may not constitute the BDS movement, or what may or may not constitute BDS activity, is subject to debate.
Congress and the executive branch have taken actions to counter BDS measures, and Members of Congress debate how best to do so in light of various...
Amazon Protest of the Department of Defense's JEDI Cloud Contract Award to Microsoft
In September 2017, the Deputy Secretary of Defense issued a memorandum calling for the adoption of a Department of Defense (DOD) enterprise-wide cloud services solution. As part of its ongoing technology modernization efforts, DOD sought to acquire a commercial cloud services solution known as the Joint Enterprise Defense Infrastructure (JEDI) Cloud.
In April 2019, DOD selected Microsoft and Amazon Web Services (henceforth Amazon) to contend for the contract award from qualified proposals submitted by IBM, Amazon, Microsoft, and Oracle. In October 2019, DOD announced it had awarded the...
Voluntary Testimony by Executive Branch Officials: An Introduction
Executive branch officials testify regularly before congressional committees on both legislative and oversight matters. Most committee requests for testimony are accepted, and the officials appear voluntarily without the need to issue subpoenas or use the other tools available to Congress to compel appearance.
Congress’s authority under the Constitution to legislate and investigate, along with its practices in exercising these powers, provide strong incentives for the executive branch to work voluntarily with Congress. Congress’s control over appropriations and the organization and...
Department of Defense First Agency-wide Financial Audit (FY2018): Background and Issues for Congress
The Chief Financial Officers Act of 1990 (CFO Act, P.L. 101-576) requires annual financial audits of federal agencies’ financial statements to “assure the issuance of reliable financial information ... deter fraud, waste and abuse of Government resources ... [and assist] the executive branch ... and Congress in the financing, management, and evaluation of Federal programs.” Agency inspectors general (IGs) are responsible for the audits and may contract with one or more external auditors. Congressional interest in the Department of Defense’s (DOD’s) audits is especially acute because DOD’s...
Farm Policy: USDA’s 2019 Trade Aid Package
On May 23, 2019, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) would undertake a second trade aid package in 2019 valued at up to $16 billion—similar to a trade aid package initiated in 2018 valued at $12 billion—to assist farmers in response to trade damage from continued tariff retaliation and trade disruptions.
Under the 2019 trade aid package, USDA will use its authority under the Commodity Credit Corporation (CCC) Charter Act to fund three separate programs to assist agricultural producers in 2019 while the Administration works to...
Selected Homeland Security Issues in the 116th Congress
In 2001, in the wake of the terrorist attacks of September 11, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to one broadly discussed among policymakers, including a broad swath of those in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296), the establishment of the Department of Homeland Security (DHS), and extensive legislative activity in the ensuing years.
Initially, homeland security was largely seen as...
Interior, Environment, and Related Agencies: Overview of FY2020 Appropriations
The Interior, Environment, and Related Agencies appropriations bill contains funding for more than 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other organizations and entities. Issues for Congress include determining the amount, terms, and conditions of...
Shipping Under the Jones Act: Legislative and Regulatory Background
The Jones Act, which refers to Section 27 of the Merchant Marine Act of 1920 (P.L. 66-261), requires that vessels transporting cargo from one U.S. point to another U.S. point be U.S.-built, and owned and crewed by U.S. citizens. The act provides a significant degree of protection for U.S. shipyards, domestic carriers, and American merchant sailors. It is a subject of debate because some experts argue that it leads to high domestic ocean shipping costs and constrains the availability of ships for domestic use. The Jones Act has come into prominence amid debates over Puerto Rico’s economic...
Is a TSA Screener a “Law Enforcement Officer”? Court Allows Lawsuit Against United States to Proceed
Immigration: Recent Apprehension Trends at the U.S. Southwest Border
Unauthorized migration across the U.S. Southwest border poses considerable challenges to federal agencies that apprehend and process unauthorized migrants (aliens) due to changing characteristics and motivations of migrants in the past few years. Unauthorized migration flows are reflected by the number of migrants apprehended by the Department of Homeland Security’s (DHS’s) Customs and Border Protection (CBP). In FY2000, total annual apprehensions at the border were at an all-time high of 1.64 million, before gradually declining to 303,916 in FY2017, a 45-year low. Apprehensions then...
Liquefied Natural Gas by Rail: Policy Issues
On October 24, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), published a proposed rule to authorize the transportation of liquefied natural gas (LNG) in rail tank cars. This publication was the latest federal action intended to provide “greater flexibility in the modes of transportation” of LNG to serve domestic and export markets. The proposed rule could conflict with legislation approved by the House of Representatives earlier this year.
Natural gas cooled below -260° F at normal atmospheric...
Homeland Security Research and Development: Homeland Security Issues in the 116th Congress
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Overview
In the Department of Homeland Security (DHS), the Directorate of Science and Technology (S&T) has primary responsibility for establishing, administering, and coordinating research and development (R&D) activities. The Countering Weapons of Mass Destruction Office (CWMDO) is responsible for R&D relating to detection of nuclear and radiological threats. Several other DHS components, such as the Coast Guard, also fund R&D and R&D-related activities associated with their missions. The Common Appropriations Structure that DHS introduced in its FY2017 budget includes an account...
Big Data in Financial Services: Privacy and Security Regulation
Congress has shown interest in data privacy and security issues in the financial services industry, including an upcoming House Financial Services task force hearing. Recent data breaches at large financial institutions and credit reporting agencies have increased concern about the privacy and security of the large amounts of consumer financial information (known increasingly as big data) that companies gather, use, and store. Some of this information is public, whereas other information is considered personal and nonpublic. No single law provides a framework for regulating data privacy in...
Net metering is a policy that allows electricity customers with their own generation capacity to be financially compensated for the energy they produce. Net metering is widely regarded as having an important role in deployment of distributed generation (DG), especially solar energy. State and local governments have authority to establish net metering policies, and some have done so for many years. Congress took action to encourage net metering in the Energy Policy Act of 2005 (EPACT05), and the policy now exists, in some form, in 45 states. Recent state net metering policy modifications,...
Federal Employees’ Retirement System: Benefits and Financing
Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System (CSRS). Federal employees hired in 1984 or later are covered by the Federal Employees’ Retirement System (FERS). Both CSRS and FERS require participants to contribute toward the cost of their pensions through a payroll tax to the Civil Service Retirement and Disability Fund (CSRDF).
The Office of Personnel Management (OPM) estimates CSRS to cost an amount equal to 36.6% of employee pay. Of this amount, the federal government pays 29.6% and employees pay 7.0%. CSRS employees do not...
Applicability of Federal Requirements to Selected Health Coverage Arrangements
Federal health insurance requirements generally apply to health plans sold in the private health insurance market in the United States (i.e., individual coverage, small- and large-group coverage, and self-insured plans). However, not all private health coverage arrangements comply with these requirements. This includes exempted health coverage arrangements and noncompliant health coverage arrangements, as termed for purposes of this report. This report identifies and describes arrangements in these two categories. It is intended to help congressional policymakers better understand the...
Poland Designated into Visa Waiver Program
On November 6, 2019, Acting Secretary of Homeland Security Kevin K. McAleenan announced the designation of Poland into the Visa Waiver Program (VWP). The VWP allows citizens of designated countries to visit the United States without obtaining visas. Poland—one of five EU countries that until now had not been designated into the VWP—had been working with the Department of Homeland Security (DHS) for over a decade to meet the program’s criteria (see list of criteria below). In FY2019, Poland met the requirement of having a nonimmigrant visa refusal rate below 3%. On October 4, 2019,...
U.S. Strategy for Engagement in Central America: Policy Issues for Congress
Central America has received renewed attention from U.S. policymakers over the past few years as the region has remained a major transit corridor for illicit drugs and has surpassed Mexico as the largest source of irregular migration to the United States. These narcotics and migrant flows are the latest symptoms of deep-rooted challenges in several countries in the region, including widespread insecurity, fragile political and judicial systems, and high levels of poverty and unemployment. The U.S. government has worked more closely with partners in Central America to address those...
The Health Resources and Services Administration (HRSA) within the Department of Health and Human Services (HHS) provides health care to individuals who are geographically isolated and/or economically or medically vulnerable. The agency’s programs target specific populations, including pregnant women and their children and individuals with HIV/AIDs.
HRSA is organized into five bureaus: (1) Primary Care; (2) Health Workforce; (3) Maternal and Child Health; (4) HIV/AIDS; and (5) Healthcare Systems. In addition to these bureaus, HRSA has 11 offices. Some offices focus on specific populations...
Congressional Participation in Litigation: Article III and Legislative Standing
Houses, committees, and Members of Congress periodically seek to initiate or participate in litigation for various purposes, such as advancing their legislative objectives, challenging alleged transgressions of their legislative prerogatives, or defending core institutional interests. However, the constitutionally based doctrine of “standing” may prevent legislators from pursuing litigation in federal court. The standing doctrine requires a litigant seeking federal judicial relief to demonstrate (1) a concrete and particularized and actual or imminent injury-in-fact (2) that is traceable...
Poverty in the United States in 2018: In Brief
In 2018, approximately 38.1 million people, or 11.8% of the population, had incomes below the official definition of poverty in the United States. Poverty statistics provide a measure of economic hardship. The official definition of poverty for the United States uses dollar amounts called poverty thresholds that vary by family size and the members’ ages. Families with incomes below their respective thresholds are considered to be in poverty. The poverty rate (the percentage that was in poverty) fell from 12.3% in 2017. This was the fourth consecutive year since the most recent recession...
FY2020 Refugee Ceiling and Allocations
On November 1, 2019, President Donald Trump issued a Presidential Determination setting the FY2020 refugee ceiling at 18,000. The refugee ceiling is the maximum number of refugees that can be admitted to the United States in a fiscal year. From the start of FY2020 until the signing of the Presidential Determination, no refugees could be admitted to the United States.
The FY2020 refugee ceiling of 18,000 is the lowest in the history of the U.S. refugee admissions program. The Trump Administration has reduced the refugee ceiling each year, setting it at 45,000 for FY2018 and 30,000 for...
Canada’s October 2019 Elections
On October 21, 2019, Canadians went to the polls to elect 338 Members of Parliament. Although Prime Minister Justin Trudeau and his Liberal Party secured the most seats in the House of Commons, they lost the majority they had won in 2015. Trudeau’s new minority government will have to seek support from other parties to pass its agenda. This altered balance of power could have implications for U.S.-Canadian relations, including commercial, defense, and energy ties.
2019 Campaign
Prime Minister Trudeau and the Liberals won power in 2015 on a platform pledging to improve economic security for...
Harbor Dredging: Issues and Historical Funding
Congress is debating whether to support increased funding for dredging to better maintain harbor channel depths and widths. A bill passed by the House (H.R. 2440) seeks to boost dredging activity by utilizing more of the collections from a port tax levied to fund harbor maintenance. However, it is not clear whether the additional funding would increase the volume of material dredged from U.S. harbors, as a variety of factors affect the cost and performance of harbor dredging. In contrast to the House bill, in S. 2470 the Senate Committee on Appropriations recommends a Gulf Coast...
Legalization Framework Under the Immigration and Nationality Act (INA)
The population of unlawfully present aliens in the United States numbers between ten million and twelve million, according to recent estimates. The Immigration and Nationality Act (INA) takes three primary approaches to regulating this population: removal, deterrence, and—to a lesser extent—legalization. Legalization, as used here, means the granting of a lawful immigration status to an unlawfully present alien so that he or she is no longer subject to removal under the INA. Put differently, an unlawfully present alien “legalizes” by obtaining lawful permanent resident status (LPR or...
The Emoluments Clauses and the Presidency: Background and Recent Developments
Recent litigation involving the President has raised legal issues concerning formerly obscure constitutional provisions that prohibit the acceptance or receipt of “emoluments” in certain circumstances. First, the Foreign Emoluments Clause (Article I, Section 9, Clause 8 of the Constitution) prohibits any person “holding any Office of Profit or Trust under” the United States from accepting “any present, Emolument, Office, or Title, of any kind whatever” from a foreign government unless Congress consents. Second, the Domestic Emoluments Clause (Article II, Section 1, Clause 7) prohibits the...
Federal Land Management Agencies’ Mandatory Appropriations Accounts
Management of lands and resources is a principal mission for four federal agencies—the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), Forest Service (FS), and National Park Service (NPS). Most of the appropriations for these agencies come from discretionary appropriations enacted by Congress through annual appropriations laws. However, each of the agencies also receives mandatory appropriations under provisions of authorizing statutes enacted by Congress. Under these laws, the agencies spend money without further action by Congress.
A number of issues arise for Congress...
Unemployment Compensation (UC): Issues Related to Drug Testing
Recent interest in Unemployment Compensation (UC) drug testing has grown at both the federal and state levels. The policy interest in mandatory drug testing of individuals who are applying for or receiving UC benefits parallels two larger policy trends. First, some state legislatures have considered drug testing individuals receiving public assistance benefits. While UC is generally considered social insurance (rather than public assistance), the concept of drug testing UC recipients (who are receiving state-financed benefits from a program authorized under state laws) could be interpreted...
Social Security: Demographic Trends and the Funding Shortfall
The Social Security program pays monthly benefits to retired or disabled workers and their families and to the family members of deceased workers. Social Security, or Old-Age, Survivors, and Disability Insurance (OASDI), is intended to operate primarily as a pay-as-you-go system, where program revenues cover program costs. The OASDI program’s revenues and costs are largely determined by economic and demographic factors. The Social Security program is experiencing rising costs and relatively stable income, a trend that is projected to continue for several decades. Although economic and...
2019 California Wildfires: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of current Fire Management Assistance Grant (FMAG) declarations and federal assistance programs that may be available.
The National Weather Service (NWS) of the National Oceanic and Atmospheric Administration (NOAA) provides fire weather outlooks intended to delineate areas of the continental United States where “pre-existing fuel conditions, combined with forecast weather conditions during the next eight days, will result in a significant threat for the ignitions and/or spread of wildfires.” These conditions involve combinations of...
Quantum information science (QIS) combines elements of mathematics, computer science, engineering, and physical sciences, and has the potential to provide capabilities far beyond what is possible with the most advanced technologies available today. Although much of the press coverage of QIS has been devoted to quantum computing, there is more to QIS. Many experts divide QIS technologies into three application areas: Sensing and metrology, Communications, and Computing and simulation. The government’s interest in QIS dates back at least to the mid-1990s, when the National Institute of...
Charitable Conservation Contributions: Potential for Abuse?
Taxpayers may be able to claim a charitable deduction for the value of qualified conservation contributions, which include conservation easements. In recent years, deductions for conservation contributions have increased. There are concerns that some of this increase has been driven by syndicated conservation easements, where a pass-through business entity acquires real property on behalf of investors, makes a conservation contribution to a qualified organization, and then allocates the tax benefits among the investors. Conservation contributions made through syndicated conservation...
$7.569 Billion Highway Rescission Approaches
Current funding for the Federal-Aid Highway Program is authorized through September 30, 2020, by the Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94). However, Section 1438 of the act directs that on July 1, 2020, $7.569 billion of the unobligated balances of highway formula funds apportioned to the states under the law be permanently rescinded.
Rescissions are provisions in law that cancel the availability of previously enacted budget authority before the budget authority would otherwise expire.
Why the Rescission Was Included in the FAST Act
The Highway Trust Fund...
Argentina’s Peronist party (officially known as the Partido Justicialista) returned to power in October 27, 2019, presidential elections. Alberto Fernández of the center-left Peronist Frente de Todos (Front for All) coalition defeated current President Mauricio Macri of the center-right Juntos por el Cambio (Together for Change) coalition by a vote of 48.1% to 40.4% in a six-candidate race. Argentina’s economic crisis—marked by recession, high inflation, and increasing poverty—appeared to be the most important factor in the race. Although Macri’s defeat was not unexpected, most polls had...
U.S. Natural Gas: Becoming Dominant
In the beginning of the 21st century, natural gas prices were increasing and the United States was viewed as a growing natural gas importer. Multiple liquefied natural gas (LNG) import terminals were built while existing ones were recommissioned and expanded. However, the market conditions also drove domestic producers to innovate. As average U.S. prices peaked in 2008, domestic shale gas production was brought to market. Improvements in technologies such as hydraulic fracturing and horizontal drilling made the development of unconventional natural gas resources such as shale and other...
The State Department’s Trafficking in Persons Report: Scope, Aid Restrictions, and Methodology
The State Department’s annual release of the Trafficking in Persons report (commonly referred to as the TIP Report) has been closely monitored by Congress, foreign governments, the media, advocacy groups, and other foreign policy observers. The 109th Congress first mandated the report’s publication in the Trafficking Victims Protection Act of 2000 (TVPA; Div. A of the Victims of Trafficking and Violence Protection Act of 2000, P.L. 106-386).
The number of countries covered by the TIP Report has grown over time. In the 2019 TIP Report, released on June 20, 2019, the State Department...
The National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact
The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution’s grant of authority to the states in Article II, Section 1 to appoint presidential electors “in such Manner as the Legislature thereof may direct.... ” Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state’s electoral votes to the presidential ticket that wins...
The following table provides access to names and contact information for CRS experts on policy concerns relating to wildfires. Policy areas identified include federal wildfire policy; federal forest management; federal firefighting assistance; federal emergency management policy; federal preparedness system and response plan; hazard mitigation; armed forces and national guard assistance; supplemental disaster funding; and disaster insurance.
The following table provides access to names and contact information for CRS experts on policy concerns relating to wildfires. Policy areas identified...
Video Broadcasting from the Federal Courts: Issues for Congress
Members of Congress, along with the legal community, journalists, and the public, have long considered the potential merits and drawbacks of using video cameras to record and/or broadcast courtroom proceedings. The first bill to propose video camera use in the federal courts was introduced in the House of Representatives in 1937, and since the mid-1990s, Members of Congress in both chambers have regularly introduced bills to expand the use of cameras in the federal courts and have sometimes held hearings on the subject.
Video cameras are commonly used in state and local courtrooms...
California Wildfires and Bulk Electric System Reliability
Introduction
Many regions of the United States are susceptible to wildfires during droughts, with lightning being a frequent cause. California has been particularly affected in recent years. Since 2000, California has experienced 15 of the 20 most destructive wildfires in the state’s history. However, according to the California Department of Forestry and Fire Protection, electric utilities in California were responsible for several of these wildfires. In 2007, San Diego Gas and Electric was blamed for several wildfires in San Diego County, and in 2017, Southern California Edison was...
MHS Genesis: Background and Issues for Congress
Since 1968, the Department of Defense (DOD) has developed, procured, and sustained a variety of electronic systems to document the health care services delivered to servicemembers, military retirees, and their family members. DOD currently operates a number of legacy electronic health record (EHR) systems. Each system has separate capabilities and functions as a result of new or changing requirements over the past five decades. The primary legacy systems include the Composite Health Care System (CHCS), Armed Forces Health Longitudinal Technology Application (AHLTA), Essentris, and the...
Congressional Access to Information in an Impeachment Investigation
Committee investigations in the House of Representatives can serve several objectives. Most often, an investigation seeks to gather information either to review past legislation or develop future legislation, or to enable a committee to conduct oversight of another branch of government. These inquiries may be called legislative investigations because their legal authority derives implicitly from the House’s general legislative power. Much more rarely, a House committee may carry out an investigation to determine whether there are grounds to impeach a federal official—a form of inquiry...
2018 Farm Bill (P.L. 115-334) Primer Series: A Guide to Omnibus Farm and Food Legislation
This report summarizes a series of In Focus products prepared by CRS on the enacted Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334). The President signed the 2018 farm bill into law in December 2018. To a large extent, the 2018 farm bill continues the general thrust of prior farm and food policy by reauthorizing many of the existing programs through 2023. In some cases, Congress modified existing programs, while also creating new programs and allowing certain other programs to expire.
Broadband Internet Access and the Digital Divide: Federal Assistance Programs
The “digital divide” is a term that has been used to characterize a gap between those Americans who have access to telecommunications and information technologies and those who do not. One important subset of the digital divide debate concerns access to high-speed internet, also known as broadband. Broadband is provided by a series of technologies (e.g., cable, telephone wire, fiber, satellite, and mobile and fixed wireless) that give users the ability to send and receive data at volumes and speeds that support a number of applications including voice communications, entertainment,...
Overview of Continuing Appropriations for FY2020 (P.L. 116-59)
This report provides an analysis of the continuing appropriations provisions for FY2020 included in Division A (Continuing Appropriations Act, 2020) of H.R. 4378. The legislation also included a separate Division B (Health and Human Services Extenders and Other Matters), which extended multiple federal health care programs that were otherwise set to expire September 30, 2019, and provided for some adjustments to additional health programs. This report examines only Division A, the continuing resolution (CR) portion of the legislation. On September 27, 2019, the President signed H.R. 4378...
Financial Inclusion and Credit Access Policy Issues
Access to basic financial products and services is generally considered foundational for households to manage their financial affairs, improve their financial well-being, and graduate to wealth building activities in the future. Financial inclusion in three domains can be particularly important for households: access to bank and other payment accounts; access to the credit reporting system; and access to affordable short-term small-dollar credit. In the United States, robust consumer credit markets allow most consumers to access financial services and credit products to meet their needs...
U.S. Women’s Soccer Team and Equal Pay
U.S. Women’s National Team’s (USWNT) efforts to obtain pay equal to the pay provided to the U.S. Men’s National Team (USMNT) by the U.S. Soccer Federation rose to prominence during the team’s successful quest for the Women’s World Cup 2019, the team’s fourth such title since 1991. The members of the USWNT and USMNT share the same employer, U.S. Soccer, with whom each team has a collective bargaining agreement (CBA). The USWNT efforts have led to discussions over whether U.S. Soccer has complied with key anti-discrimination laws regarding pay equity.
Recent Developments
On March 30, 2016,...
Turkey Sanctions in Pending Legislation: Issues for Congress
Congress is actively considering a variety of bills that could impose sanctions on Turkey. The pending legislation is largely in response to a Turkish-led incursion into Syria (which Turkey calls Operation Peace Spring, or OPS) that began in early October after the Trump Administration announced that the United States was relocating some U.S. Special Forces away from the Syria-Turkey border area. Sanctions imposed via legislation would add to sanctions that the Administration imposed on Turkey in response to OPS, and many would stand until Turkey withdraws from areas it has already...
Unemployment Insurance: Consequences of Changes in State Unemployment Compensation Laws
This report analyzes recent changes to state Unemployment Compensation (UC) programs. Two categories of UC state law issues are considered: (1) changes in the duration of state UC unemployment benefits, and (2) changes in the UC weekly benefit amount.
In recent years, some states have enacted legislation to decrease the maximum number of weeks of regular state UC benefits. Until 2011, all states paid at least up to 26 weeks of UC benefits to eligible, unemployed individuals. In 2011, however, six states passed legislation to decrease their maximum UC benefit durations: Arkansas, Florida,...
The Outdoor Recreation Economy
Congress plays an overarching role in shaping outdoor recreation throughout the nation through legislation and oversight. As Congress continues to debate outdoor recreation issues—including provision of federal resources, planning efforts, and funding—data on the size, distribution, and relative importance of the outdoor recreation economy may inform these debates. Both historical and recent legislative and executive efforts centered on outdoor recreation have identified the economic importance of outdoor recreation. In 2016, Congress passed the Outdoor Recreation Jobs and Economic Impact...
Deficit Financing, the Debt, and “Modern Monetary Theory”
Explaining persistently low interest rates despite large deficits and rising debt has been one of the central challenges of macroeconomists since the end of the Great Recession. This dynamic has led to increasing attention to Modern Monetary Theory (MMT), presented as an alternative to the mainstream macroeconomic way of thinking, in some fiscal policy discussions. Such discussions are at times restricted by a difficulty, expressed by policymakers and economists alike, in understanding MMT’s core principles and how they inform MMT’s views on fiscal policy. MMT suggests that deficit...
Libra: A Facebook-led Cryptocurrency Initiative
On June 18, 2019, Facebook announced that, with 28 other members, it had founded the Libra Association, which planned to launch a new cryptocurrency, called Libra. The association released a white paper that outlined the characteristics of Libra and described its goal of creating a cryptocurrency that would overcome some of the challenges faced by other cryptocurrencies and deliver the possible benefits of the technology on a large scale.
President Trump and Treasury Secretary Mnuchin raised concerns about the Libra project, as did several Members of Congress during Senate Banking...
House and Senate Restaurants: Current Operations and Issues for Congress
Dining facilities in the Capitol and in House and Senate office buildings provide an essential convenience for Members of Congress and congressional staff, enabling them to easily obtain meals, beverages, and snacks, and quickly return to work. By providing an efficient way to meet congressional dining needs during unpredictable workdays, the restaurant systems help facilitate the legislative and representational work of Congress. These restaurants also provide spaces for constituents and other visitors to meet with staff and Members of Congress, or to purchase refreshments. House and...
The District of Columbia Tuition Assistance Grant (DCTAG) Program
To address concerns about the public postsecondary education offerings available to District of Columbia residents, the District of Columbia College Access Act of 1999 (P.L. 106-98) established the District of Columbia Tuition Assistance Grant (DCTAG) program. The program is meant to provide college-bound DC residents with a greater array of choices among institutions of higher education by providing grants for undergraduate education. Grants for study at public institutions of higher education (IHEs) nationwide offset the difference between in-state and out-of-state tuition and fees, up...
Global Vaccination: Trends and U.S. Role
For more than 50 years, the United States has taken an interest in the eradication of vaccine-preventable diseases (VPDs) in children worldwide, as well as vaccine research and development, particularly since playing a vital role in the global campaign to eradicate smallpox in the 1960s. Since then, vaccinating children against VPDs has been a major U.S. foreign policy effort.
Vaccinations are one of the most cost-effective ways to prevent infectious disease and associated morbidity and mortality. According to UNICEF, immunizations save around 3 million lives per year. As of 2019, VPDs...
Unemployment Insurance: Programs and Benefits
Certain benefits may be available to unemployed workers to provide them with income support during a spell of unemployment. The cornerstone of this income support is the joint federal-state Unemployment Compensation (UC) program, which may provide income support through the payment of UC benefits for up to a maximum of 26 weeks in most states. Other programs that may provide workers with income support are more specialized. They may target special groups of workers, be automatically triggered by certain economic conditions, be temporarily created by Congress with a set expiration date, or...
The Federal Bureau of Investigation (FBI) administers a computer system of systems that is used to query federal, state, local, tribal, and territorial criminal history record information (CHRI) and other records to determine an individual’s firearms transfer/receipt and possession eligibility. This FBI-administered system is the National Instant Criminal Background Check System (NICS). NICS, or parallel state systems, must be checked and the pending transfer approved by the FBI or state point of contact before a federally licensed gun dealer may transfer a firearm to any customer who is...
How Measures Are Brought to the Senate Floor: A Brief Introduction
Two basic methods are used by the Senate to bring legislation to the floor for consideration: (1) The Senate, at the majority leader’s request, grants unanimous consent to take up a matter or (2) it agrees to his motion to proceed to consider it. Because the motion to proceed is subject to debate in most circumstances, it is less frequently used. Both methods are derived from the basic premise that the Senate as a body may decide what matters it considers. The Senate may also use the same two methods to bring up executive business (nominations and treaties).
This report will be updated to...
Kosovo’s Election: Early Results May Signal Major Changes
On October 6, 2019, Kosovo held its fourth parliamentary election since declaring independence from Serbia in 2008 (Serbia does not recognize Kosovo’s independence). Opposition parties’ strong performance may result in the most consequential government turnover since independence, with implications for the future direction of the European Union (EU)-facilitated dialogue to normalize relations between Kosovo and Serbia. The United States has long supported Kosovo’s political and economic development, and U.S. officials and many Members of Congress support and have closely followed the...
Public Transit Ridership Continues to Decline
Despite suggestions that ridership on the nation’s public transportation systems is beginning to grow again, available evidence suggests this optimism is premature. According to data from the American Public Transportation Association (APTA), 2018 marked the fourth straight year of declining ridership, falling by about 2.5% from the year before. Total ridership on transit buses and rail systems, including commuter rail services, and ferries in 2018 was below 10 billion for the first time since 2005. More recent quarterly data from APTA show that second-quarter ridership in 2019 was higher...
“Sense of” Resolutions and Provisions
One or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically “sense of the House,” “sense of the Senate,” or “sense of the Congress” resolutions). These opinions expressing the views of one or both chambers may be included in other legislation upon introduction or subsequently added by amendment. This report identifies the various forms these expressions may take and the procedures governing such actions.
Expired and Expiring Tax Provisions (“Tax Extenders”): CRS Resources
Some Members of Congress have expressed interest in extending temporary tax provisions that expired at the end of 2017 and 2018, and possibly extending provisions scheduled to expire at the end of 2019. Collectively, temporary tax provisions that are regularly extended as a group by Congress, rather than being allowed to expire as scheduled, are often referred to as “tax extenders.”
Temporary tax provisions were most recently extended in the Bipartisan Budget Act of 2018 (BBA18; P.L. 115-123). BBA18 extended nearly all of the provisions that had expired at the end of 2016, with most...
Congressional Budget Office: Appointment and Tenure of the Director and Deputy Director
The requirements regarding the appointment and tenure of the Congressional Budget Office (CBO) director are set forth in Section 201(a) of the 1974 Congressional Budget Act, as amended, and codified at 2 U.S.C. 601(a). The Speaker of the House of Representatives and the President pro tempore of the Senate jointly appoint the director after considering recommendations received from the House and Senate Budget Committees. The Budget Committee chairs inform the congressional leaders of their recommendations by letter. The appointment is usually announced in the Congressional Record.
Section...
Senate Rule XIV Procedure for Placing Measures Directly on the Senate Calendar
When a Senator introduces a bill or joint resolution, or a House-passed bill or joint resolution is received in the Senate from the House, the measure is often referred to committee pursuant to provisions of Senate Rules XIV, XVII, and XXV. The Senate may, however, use provisions of Senate Rule XIV to bypass referral of a bill or joint resolution to a Senate committee and have the measure placed directly on the Senate Calendar of Business.
Although placing a bill or joint resolution directly on the calendar does not guarantee that the full Senate will ever consider it, the measure is...
DNS over HTTPS—What Is It and Why Do People Care?
Internet pioneer David Clark said: “It’s not that we didn’t think about security. We knew that there were untrustworthy people out there, and we thought we could exclude them.” Those who created the internet were focused on enabling the utility of the network, and a repercussion of their design decisions is that internet security is not inherent but must be retrofitted. Efforts to change one of the internet’s hardwired insecurities—the Domain Name System (DNS)—are ongoing but will be disruptive.
How We Get to Websites Today
When someone wants to visit a website, they type the web address...
Restitution in Federal Criminal Cases
Restitution endeavors to restore victims to the place where they stood when they became victims of crime. It seeks to make them whole and no more. In the case of a corporate or affluent defendant, victim restitution can be substantial; in some cases its value may be largely symbolic; in yet other cases it is irrelevant. Federal prosecutors collect roughly $1 billion a year for the victims of federal crimes. Yet prosecutors will likely never secure more than $1 out every $10 owed, and federal courts rarely, if ever, order restitution from the defendants convicted of the most commonly...
The Diversity Immigrant Visa Program
The purpose of the diversity immigrant visa program (DV program, sometimes called “the green card lottery” or “the visa lottery”) is, as the name suggests, to foster legal immigration from countries other than the major sending countries of current immigrants to the United States. Current law weights the allocation of immigrant visas primarily toward individuals with close family in the United States and, to a lesser extent, toward those who meet particular employment needs. The diversity immigrant category was added to the Immigration and Nationality Act (INA) by the Immigration Act of...
Restitution in Federal Criminal Cases: A Sketch
Restitution endeavors to restore victims to the place where they stood when they became victims of crime. It seeks to make them whole and no more. In the case of a corporate or affluent defendant, victim restitution can be substantial; in some cases its value may be largely symbolic; in yet other cases it is irrelevant. Federal prosecutors collect roughly $1 billion a year for the victims of federal crimes. Yet prosecutors will likely never secure more than $1 out every $10 owed, and federal courts rarely, if ever, order restitution from the defendants convicted of the most commonly...
On October 4, 2019, the Department of Labor (DOL) published a final rule in the Federal Register on the states’ ability to drug test certain unemployment compensation (UC) applicants. The UC drug testing rule is a reissued version of an Obama Administration rule that was disapproved in the 115th Congress under the Congressional Review Act (CRA; P.L. 115-17). DOL had previously published a proposed version of the rule on November 5, 2018. The rule is set to take effect on November 4, 2019.
Notably, this is the first time an agency has reissued a rule after the original version was...
Turkish Incursion into Syria: U.S. Policy Implications
On October 9, Turkish President Recep Tayyip Erdogan announced the start of “Operation Peace Spring,” which he stated would target both Kurdish and Islamic State (IS, aka ISIL/ISIS) fighters in northern Syria. Turkey then launched an air and ground assault against Kurdish forces. Turkey’s foreign minister has stated that Turkish forces plan to go 18 miles into Syrian territory, and eventually to occupy a corridor along the border. The commander of the Kurdish-led Syrian Democratic Forces (SDF) had stated that the SDF would resist, and fighting has escalated.
The launch of the operation...
The Fair Labor Standards Act (FLSA), enacted in 1938, is the main federal law that establishes general wage and hour standards for most, but not all, private and public sector employees. Among other protections, the FLSA establishes that covered nonexempt employees must be compensated at one-and-a-half times their regular rate of pay for each hour worked over 40 hours in a workweek.
The FLSA also establishes certain exemptions from its general labor market standards. One of the major exemptions to the overtime provisions in the FLSA is for bona fide “executive, administrative, and...
The Congressional Arts Caucus and the Congressional Art Competition: History and Current Practice
Sponsored by the Congressional Arts Caucus, and known in recent years as “An Artistic Discovery,” the Congressional Art Competition is open to high school students nationwide. Begun in 1982, the competition, based in congressional districts, provides the opportunity for Members of Congress to encourage and recognize the artistic talents of their young constituents. Since its inception, more than 650,000 high school students nationwide have been involved in the program.
Each year, the art of one student per participating congressional district is selected to represent the district. The...
Capital Markets: Asset Management and Related Policy Issues
The asset management industry is large and complex. Asset management companies—also known as investment management companies, or asset managers—are companies that manage money for a fee with the goal of growing it for those who invest with them. The most well-known product these companies create are investment funds. Many types of investment funds exist, including mutual funds, exchange-traded funds (ETFs), hedge funds, private equity, and venture capital. Their business practices and the types of regulatory requirements to which they are subject are far from standardized. Investment funds...
CFPB Proposes New Debt Collection Regulation
On May 21, 2019, the Bureau of Consumer Financial Protection (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act (FDCPA; 15 U.S.C. §1692). Congress passed the FDCPA in 1977 to “eliminate abusive debt collection practices by debt collectors.” The CFPB’s proposal would clarify how certain debt collectors may communicate with consumers and what information they must disclose.
This Insight begins with an overview of the debt collection market and its regulation. It then analyzes major parts of the CFPB’s proposed rule and reactions to the proposal...
U.S. Offshore Aquaculture Regulation and Development
Regulatory uncertainty has been identified as one of the main barriers to offshore aquaculture development in the United States. Many industry observers have emphasized that congressional action may be necessary to provide statutory authority to develop aquaculture in offshore areas. Offshore aquaculture is generally defined as the rearing of marine organisms in ocean waters beyond significant coastal influence, primarily in the federal waters of the exclusive economic zone (EEZ). Establishing an offshore aquaculture operation is contingent on obtaining several federal permits and...
Federal Reserve: Recent Repo Market Intervention
This Insight examines the Federal Reserve’s (Fed’s) recent intervention in the repo (repurchase agreement) market in response to a sudden and brief spike in repo rates to almost 10% (see Figure 1). Figure 1. Repo Rates 2018-2019 / Source: St. Louis Fed, FRED. Note: As measured by the Secured Overnight Financing Rate. After a short blip, the Fed stabilized financial conditions by offering up to $250 billion in repo markets. This was the first time it has lent in repo markets—although it has regularly borrowed in repo markets—since the financial crisis (see Figure 2). Background In a repo,...
U.S.-China Tariff Actions by the Numbers
Since early 2018, the United States and China have imposed a series of tariffs against one another’s products. These tariffs now affect the majority of trade between the two countries. U.S. tariffs imposed under Section 301 of the Trade Act of 1974 (which followed an investigation on China’s intellectual property rights practices) and China’s retaliatory tariffs affect the largest share of U.S.-China trade. Earlier U.S. tariffs (and Chinese retaliation) on steel and aluminum (Section 232) and solar panels and washing machines (Section 201) also affect U.S.-China trade. The Trump...
The Temporary Assistance for Needy Families Block Grant: Legislative Issues in the 116th Congress
The Temporary Assistance for Needy Families (TANF) block grant was created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA; P.L. 104-193). That law culminated four decades of debate about how to revise or replace the Aid to Families with Dependent Children (AFDC) program. Most AFDC assistance was provided to families headed by single mothers who reported no work in the labor market, and the debates focused on whether such aid led to dependency on assistance by discouraging work and the formation and maintenance of two-parent families.
TANF provides a...
Executive Privilege and Individuals outside the Executive Branch
White House assertions of executive privilege for presidential communications have historically been confined to individuals who were executive branch employees when those communications occurred. While the idea that executive privilege could extend to individuals outside the executive branch predates the Trump Administration, it appears that recent testimony by Kris Kobach, former Kansas Secretary of State, and Corey Lewandowski, former manager of Donald Trump’s 2016 presidential campaign, are likely the first times the executive branch has actually made such an assertion to Congress.
Use...
Electricity Storage: Applications, Issues, and Technologies
Electricity, as it is currently produced, is largely a commodity resource that is interchangeable with electricity from any other source. Since opportunities for the large-scale storage of electricity are few, it is essentially a just-in-time resource, produced as needed to meet the demand of electricity-consuming customers. Climate change mitigation has increased the focus on the use of renewable electricity. While energy storage is seen as an enabling technology with the potential to reduce the intermittency and variability of wind and solar resources, energy storage resources would have...
Human Rights in China and U.S. Policy: Issues for the 116th Congress
This report examines selected human rights issues in the People’s Republic of China (PRC) and policy options for Congress. U.S. concern over human rights in China has been a central issue in U.S.-China relations, particularly since the Tiananmen crackdown in 1989. In recent years, human rights conditions in China have deteriorated, while bilateral tensions related to trade and security have increased, possibly creating both constraints and opportunities for U.S. policy on human rights.
After consolidating power in 2013, Chinese Communist Party (CCP) General Secretary and State President Xi...
Expedited Removal of Aliens: Legal Framework
The federal government has broad authority over the admission of non-U.S. nationals (aliens) seeking to enter the United States. The Supreme Court has repeatedly held that the government may exclude such aliens without affording them the due process protections that traditionally apply to persons physically present in the United States. Instead, aliens seeking entry are entitled only to those procedural protections that Congress has expressly authorized. Consistent with this broad authority, Congress established an expedited removal process for certain aliens who have arrived in the United...
Individuals may be subject to certain restrictions when leaving the government for private employment or joining the government from the private sector. These restrictions were enacted in response to what is often referred to as the revolving door. Generally, the revolving door is described as the movement of individuals between the public and private sector. Individuals may move because they possess policy and procedural knowledge and have relationships with former colleagues that are useful to prospective employers.
Laws attempting to restrict the movement of individuals between the...
Frequently Asked Questions About Flag Law
The “flag code” is the federal law that sets forth guidelines for the appearance and display of the U.S. flag (“flag”) by private citizens. These guidelines specify times and conditions for display of the flag, manners and methods of display, and buildings where such display should occur. The guidelines for flag display vary based on the context and occasion, and there are detailed specifications for displaying flags at “half-staff.” The flag code also specifies how to deliver the Pledge of Allegiance to the flag and appropriate conduct while watching a performance of the National Anthem....
Attacks Against Saudi Arabia: Ramifications for Natural Gas
The attacks against Saudi Arabia’s oil infrastructure on Saturday, September 14, 2019, poses consequences for natural gas in the region and globally. Qatar, which borders Saudi Arabia and is one of the top two liquefied natural gas (LNG) exporters along with Australia, exported about 25% of the world’s LNG in 2018. All of Qatar’s exports must transit the Strait of Hormuz (see Figure 1), which is a well-known transit chokepoint. Additionally, LNG exports from the United Arab Emirates (UAE), which were less than 2% of global exports, also transit the Strait of Hormuz; Oman’s LNG exports, 3%...
The Annual Sequester of Mandatory Spending through FY2029
The Budget Control Act of 2011 (BCA; P.L. 112-25) included two parts: discretionary spending caps, plus a “Joint Committee process” to achieve an additional $1.2 trillion in budgetary savings over FY2013-FY2021.
For the initial tranche of savings, the BCA placed statutory limits on discretionary spending for each fiscal year from FY2012 through FY2021. At the time of enactment, the BCA discretionary spending caps were projected to save $917 billion.
For the second, and larger, tranche of savings, the BCA established a bipartisan, bicameral Joint Select Committee on Deficit Reduction...
EPA Repeals the Clean Power Plan and Finalizes Affordable Clean Energy Rule
The U.S. Environmental Protection Agency (EPA) finalized its repeal of the Clean Power Plan (CPP) and promulgated new emissions guidelines in the Affordable Clean Energy (ACE) rule. EPA based these actions on its conclusion that the CPP exceeded Clean Air Act (CAA) authority by using measures that applied to the power sector as a whole rather than measures carried out within an individual facility. Among other things, the final ACE rule establishes efficiency improvements as the “best system of emission reduction” (BSER) for existing coal-fired power plant greenhouse gas (GHG) emissions....
U.S. Farm Support: Compliance with WTO Commitments
As a member of the World Trade Organization (WTO) agreements, the United States has committed to abide by WTO rules and disciplines, including those that govern domestic farm policy as spelled out in the Agreement on Agriculture (AoA). Since establishment of the WTO on January 1, 1995, the United States has complied with its WTO spending limits on market-distorting types of farm program outlays (referred to as amber box spending). However, the addition of large, new trade assistance payments to producers in 2018 and 2019, on top of existing farm program support, has raised concerns by some...
The increasing complexity and automation of flight control systems pose a challenge to federal policy regarding aircraft certification and pilot training. Despite significant commercial aviation safety improvements over the past two decades, flight control automation and aircraft complexity have been cited as contributing factors in a number of major airline accidents, including two high-profile crashes overseas involving the recently introduced Boeing 737 Max variant in 2018 and 2019. These crashes have directed attention to Federal Aviation Administration (FAA) oversight of aircraft type...
Millennium Challenge Corporation: Overview and Issues
The Millennium Challenge Corporation (MCC) provides economic assistance through a competitive selection process to developing nations that demonstrate positive performance in three areas: ruling justly, investing in people, and fostering economic freedom. From the outset, Congress has been integrally involved with MCC’s creation, mandate, operations, and budgets.
Established in 2004, MCC provides foreign assistance that differs in several respects from U.S. aid through other agencies, including
a competitive process that rewards countries for past actions measured by objective performance...
On September 17, 2019, under suspension of the rules, the House passed H.R. 2486, the FUTURE Act. H.R. 2486 was subsequently placed on the Senate Legislative Calendar under General Orders. If enacted, H.R. 2486 would amend Title III-F of the Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) to sustain mandatory appropriations for certain programs for Historically Black Colleges and Universities and Minority-Serving Institutions (hereinafter, collectively referred to as MSIs) that would otherwise expire at the end of FY2019. To offset MSI funding, H.R. 2486 would eliminate the...
The Budget Control Act: Frequently Asked Questions
When there is concern with deficit or debt levels, Congress will sometimes implement budget enforcement mechanisms to mandate specific budgetary policies or fiscal outcomes. The Budget Control Act of 2011 (BCA; P.L. 112-25), which was signed into law on August 2, 2011, includes several such mechanisms.
The BCA as amended has three main components that currently affect the annual budget. One component imposes annual statutory discretionary spending limits for defense and nondefense spending. A second component requires annual reductions to the initial discretionary spending limits...
Strategic Petroleum Reserve: Mandated Sales and Reform
The Strategic Petroleum Reserve (SPR), administered by the Department of Energy (DOE), has played a role in U.S. energy policy for over 40 years. Over that time, its primary focus has changed from its original intent as world oil market conditions have changed. Originally intended to offset the market power of cartels and prevent economic damage from oil supply disruption, it has become primarily a tool for combatting the fuel market effects of domestic natural disasters like hurricanes. Most recently, U.S. net imports of oil and petroleum products have decreased as a result of the...
Bahamas: Response to Hurricane Dorian
On September 1-2, 2019, Hurricane Dorian, a Category 5 storm with winds of 180 miles per hour and storm surges of up to 23 feet, caused widespread damage to the islands of Grand Bahama and Abaco in the northwestern Bahamas, a country of some 700 islands off the southeast coast of the United States (see Figure 1). The official death toll is 53 as of September 25 (with the majority on Abaco) but is expected to rise. The number of missing is estimated at around 600 (down from an original estimate of 2,500), according to the Bahamian government’s National Emergency Management Agency (NEMA)....
Attacks on Saudi Oil Facilities: Effects and Responses
September 14, 2019, saw an attack on Saudi Aramco’s, Saudi Arabia’s national oil company, Abqaiq oil processing facility and Khurais oil field and processing plant. The attack, which used both missiles and drones, temporarily disrupted 5.7 million barrels per day (mb/d) of oil production, over half of Saudi Arabia’s oil production and about 5% of global supply. For context, U.S. crude oil production is approximately 12 mb/d.
Abqaiq Facility
Abqaiq is a key processing facility for Saudi Arabia crude. Two important functions provided by Abqaiq include (1) crude oil stabilization, a process...
The Defense Budget and the Budget Control Act: Frequently Asked Questions
Enacted on August 2, 2011, the Budget Control Act of 2011 as amended (P.L. 112-25, P.L. 112-240, P.L. 113-67, P.L. 114-74, P.L. 115-123, and P.L. 116-37) sets limits on defense and nondefense discretionary spending. As part of an agreement to increase the statutory limit on public debt, the BCA aimed to reduce annual federal budget deficits by a total of at least $2.1 trillion from FY2012 through FY2021, with approximately half of the savings to come from defense.
The spending limits (or caps) apply separately to defense and nondefense discretionary budget authority. Budget authority is...
Military Funding for Southwest Border Barriers
The Department of Defense (DOD, or the Department) has played a prominent role in the Trump Administration’s border security strategy because of controversies related to $13.3 billion in defense funding it has sought to use for border barrier construction projects not otherwise authorized by Congress. These defense funds would comprise a complex mix of DOD program savings and unobligated military construction funds from past years ($6.1 billion), as well as a request for new appropriations in FY2020 ($7.2 billion). An additional $2 billion in non-DOD appropriations are often cited as part...
Attacks Against Saudi Oil Rattle Markets
September 14, 2019, saw a successful attack against major oil infrastructure in Saudi Arabia (the largest oil exporter), which temporarily disrupted 5.7 million barrels of daily production (mb/d), over half of Saudi oil production and about 5% of global supply. For context, U.S. crude oil production is approximately 12 mb/d. Global oil markets have responded with an initial price increase and subsequent pullback. The magnitude and duration of the price rise will depend on many factors, such as repair time, additional supplies, the potential confirmation of the perpetrator, and any related...
China’s Retaliatory Tariffs on U.S. Agriculture: In Brief
From 2010 through 2016, China was the top destination for U.S. agricultural exports based on value. In 2017, Canada became the top destination for U.S. agricultural products, and China and Mexico tied for second. However, starting in early 2018 the United States undertook several trade actions against China (and other countries) that precipitated retaliatory trade actions between the two countries. The result of this trade war was a decline in trade between the United States and China. In 2018, U.S. agricultural exports to China declined 53% in value to $9 billion from $19 billion in...
U.S. Payment System Policy Issues: Faster Payments and Innovation
Technological advances in digitization and data processing and storage have greatly increased the availability and convenience of electronic payments. New products and services offer faster, more convenient payment for individuals and businesses, and the numerous options on offer foster competition and innovation among end-user service providers. Currently, many new payment services are layered on top of existing electronic payment systems, which may limit their speed.
Most payments flow through both retail and wholesale payment systems before they are completed. Consumers access retail...
U.N. Peacekeeping Operations in Africa
Many Members of Congress have demonstrated an interest in the mandates, effectiveness, and funding status of United Nations (U.N.) peacekeeping operations in Africa as an integral component of U.S. policy toward Africa and a key tool for fostering greater stability and security on the continent. As of September 2019, there are seven U.N. peacekeeping operations in Africa:
the U.N. Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA);
the U.N. Multidimensional Integrated Stabilization Mission in Mali (MINUSMA);
the U.N. Interim Security Force for...
Health Benefits for Retired United Mine Workers of America Members
Eligible United Mine Workers of America (UMWA) members receive post-retirement health and pension benefits from one of three multiemployer health benefit plans and one multiemployer pension plan. A multiemployer plan is sponsored by employers in the same industry and is maintained as part of a collective bargaining agreement. The three UMWA health plans are the (1) Combined Benefit Fund (CBF), (2) UMWA 1992 Health Benefit Plan (1992 Plan), and (3) UMWA 1993 Health Benefit Plan (1993 Plan). The UMWA 1974 Pension Plan pays pension benefits.
Funding for the UMWA Retiree Health Plans
The...
The Endangered Species Act and Climate Change: Selected Legal Issues
For more than a decade, federal agencies have grappled with how to address climate change effects when implementing the Endangered Species Act of 1973 (ESA). The ESA aims to protect threatened and endangered fish, wildlife, and plants from extinction. As set forth by Congress, one of the main purposes of the ESA is to “provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved.”
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) have acknowledged that the changing...
U.S. Farm Income Outlook: August 2019 Forecast
This report uses the U.S. Department of Agriculture’s (USDA) farm income projections (as of August 30, 2019) and agricultural trade outlook update (as of August 29, 2019) to describe the U.S. farm economic outlook. According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $88 billion in 2019, up $4 billion (+4.8%) from last year. However, the forecast rise in 2019 net farm income is largely the result of a 42.5% increase in government payments to the agricultural sector valued at $19.5 billion (highest since 2005)....
The Coast Guard’s Need for Experienced Marine Safety Personnel
For at least four decades, Congress has been concerned about the Coast Guard’s ability to maintain an adequate staff of experienced marine safety personnel to ensure that vessels meet federal safety standards. The 2015 sinking of the U.S.-flag cargo ship El Faro during a hurricane near the Bahamas with the loss of 33 lives renewed attention to the Coast Guard’s persistent difficulty with hiring and training a marine safety workforce with technical knowledge of vessel construction and accident investigation, as the safety inspections of the vessel were found to have been inadequate. In the...
Air Force T-7A Red Hawk Trainer
NOTE: This report was originally written by Ceir Coral while he was an Air Force Fellow at the Congressional Research Service. Since his departure, it has been maintained by Jeremiah Gertler of CRS.
On September 27, 2018, the United States Air Force (USAF) awarded The Boeing Company a contract, worth up to $9.2 billion, to procure 351 Advanced Pilot Training (APT T-X) aircraft and 46 Ground-Based Training Systems (GBTS) to replace the existing fleet of T-38C jet trainers. The Air Force had originally valued the contract at roughly $19.7 billion. Information on the value of other...
Ground Electronic Warfare: Background and Issues for Congress
Ground electronic warfare (EW) is a group of programs directed by the Army and Marine Corp which are designed to effect ground forces use of the electromagnetic spectrum. The U.S. military has several ground EW programs that are used for different missions. These programs can broadly be categorized into counter-improvised explosive device (C-IED) systems, counter-unmanned aerial systems (C-UAS), and communications and radar jammers. Over the past several years, senior leaders in the Army and Marine Corps have testified about the need to improve EW capabilities.
Role of EW in Ground...
Federal and State Regulation of Student Loan Servicers: A Legal Overview
As the federal government’s role in the student loan industry has expanded over time, the United States has contracted with student loan servicers to help it administer its growing student loan portfolio. These servicers perform a variety of functions, including (1) communicating with borrowers regarding repayment; (2) disclosing information about student loan terms to borrowers; (3) applying payments to outstanding loan balances; (4) processing applications for enrollment in repayment plans; and (5) processing requests for loan forbearance and deferment. Several federal statutes and...
Availability of Unemployment Benefits for Affected Federal Employees During a Government Shutdown
During the last decade (FY2014, FY2018, and FY2019), there have been several periods when appropriations for significant portions of federal agencies and programs lapsed without immediate new budgetary authority. As a result, some federal employees were temporarily furloughed. These “shutdown furloughs” happen when a federal government agency or program lacks budget authority and experiences a “funding gap” under the Antideficiency Act (31 U.S.C. §§1341 et seq.). In general, a funding gap requires that these agencies and programs cease operations, except in certain circumstances when...
The CCC Anomaly in an FY2020 Continuing Resolution
In late August 2019, the Office of Management and Budget (OMB) requested a special provision for the Commodity Credit Corporation (CCC) among its list of appropriations issues for Congress to consider under a continuing resolution (CR). In addition to the general provisions that extend the previous year’s appropriation for a specific term, CRs often include provisions that are specific to certain agencies, accounts, or programs. These “anomalies” are departures from a CR that modify the timing, amount, or purpose for which any referenced funding is extended. OMB cites the need for...
Immigration Detention: A Legal Overview
The Immigration and Nationality Act (INA) authorizes—and in some cases requires—the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien’s removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as...
Immigration Relief Options for Bahamians After Hurricane Dorian
Hurricane Dorian made landfall as a Category 5 storm over the northern Bahamas on September 1, 2019, causing extensive damage to Abaco and Grand Bahama Islands, with a combined population of almost 70,000 people (the entire country has an estimated population of almost 390,000). The U.S. government, along with international humanitarian entities, is coordinating with the Government of the Commonwealth of the Bahamas in the relief effort. As of September 12, the United States had contributed almost $10.2 million in humanitarian assistance to the Bahamas in response to the hurricane.
As a...
The TIGER/BUILD Program at 10 Years: An Overview
The Transportation Investments Generating Economic Recovery (TIGER) grant program is a discretionary program providing grants to surface transportation projects on a competitive basis, with recipients selected by the U.S. Department of Transportation (DOT). It originated in the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5), where it was called “national infrastructure investment” (as it has been in subsequent appropriations acts); in FY2018 the program was renamed the Better Utilizing Investments to Leverage Development (BUILD) program.
Although the program’s stated...
Retaliatory Tariffs and U.S. Agriculture
Certain foreign nations have targeted U.S. food and agricultural products with retaliatory tariffs since early 2018 in response to U.S. Section 232 tariffs on steel and aluminum imports and Section 301 tariffs levied on U.S. imports from China. Retaliatory tariffs have made imports of U.S. agricultural products relatively more expensive compared to similar products from competitor nations. In the short run, U.S. shipments of products to countries with retaliatory tariffs have declined, reducing overall global demand for affected U.S. agricultural products and driving down the prices of...
Holocaust-Era Insurance Claims: Background and Issues for Congress
In November 1998, U.S. insurance regulators, six European insurers, international Jewish organizations, and the State of Israel agreed to establish the International Commission on Holocaust Era Insurance Claims (ICHEIC). ICHEIC was tasked with identifying policyholders and administering payment of hundreds of thousands of Holocaust-era insurance policies that had never been honored by European insurance companies. It ended its claims process in March 2007, having offered payments totaling about $306 million to 48,263 claimants. An additional $169 million was allocated to a “humanitarian...
Mozambique: Politics, Economy, and U.S. Relations
Mozambique, a significant recipient of U.S. development assistance, is a southeastern African country nearly twice the size of California, with a population of 27.9 million people. It achieved rapid growth following a postindependence civil war (1977-1992), but faces a range of political, economic, and security challenges. These include a political scandal over state-guaranteed, allegedly corrupt bank loans received by state-owned firms, which created public debt that the government did not disclose to the International Monetary Fund (IMF). This placed the country’s relations with the IMF...
Over the past decade, Google, Amazon, Facebook, and Apple (“Big Tech” or the “Big Four”) have revolutionized the internet economy and affected the daily lives of billions of people worldwide. While these companies are responsible for momentous technological breakthroughs and massive wealth creation, they have also received scrutiny related to their privacy practices, dissemination of harmful content and misinformation, alleged political bias, and—as relevant here—potentially anticompetitive conduct. In June 2019, the Wall Street Journal reported that the Department of Justice (DOJ) and...
Household Debt Among Older Americans, 1989-2016
In the past three decades, debt has grown substantially among older Americans. The increase in debt among older Americans has raised concerns about financial security for people near or during retirement, not only because Americans aged 65 and older represent a large and growing proportion of the U.S. population, but also because increases in household debt might require retirees to devote a larger share of their fixed income from Social Security, pensions, or government subsidies toward paying debt. Older people also tend to have limited ability to adjust their labor supply to offset...
Immigration: Nonimmigrant (Temporary) Admissions to the United States
U.S. law provides for the temporary admission of foreign nationals. Nonimmigrants are foreign nationals who are admitted for a designated period of time and a specific purpose. There are 24 major nonimmigrant visa categories, which are commonly referred to by the letter and numeral that denote their subsection in the Immigration and Nationality Act (INA); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional workers, J-1 cultural exchange participants, or S-5 law enforcement witnesses and informants.
A U.S. Department of State (DOS) consular...
Hong Kong Chief Executive Lam to Withdraw Extradition Bill; Protests Continue
Hong Kong’s Chief Executive Carrie Lam Cheng Yuet-ngor announced on September 4, 2019, that she will formally withdraw the controversial extradition bill that touched off three months of large-scale protests across the city. While acknowledging Lam’s concession, various groups that support the ongoing protests have stated they intend to continue to organize demonstrations until Lam and the Hong Kong government comply with the protesters’ “five demands” in full (see text box). On September 8, 2019, tens of thousands of people gathered outside the U.S. Consulate General in Hong Kong urging...
Congressional Action on FY2019 Appropriations Measures: 115th and 116th Congresses
Congress annually considers 12 regular appropriations measures to provide discretionary funding for federal government activities and operations. For FY2019, appropriations actions spanned two Congresses, between which there was a change in the majority party in the House.
The process of drafting, considering, and enacting FY2019 appropriations began in early 2018 and included the House and Senate Appropriations Committees each marking up and reporting all 12 annual appropriations bills by the end of July. Five appropriations bills in the 115th Congress were enacted into law by the start...
Systemic Risk And The Long-Term Capital Management Rescue
In September 1998, the Federal Reserve Bank of New York coordinated a rescue of Long-Term Capital Management (LTCM), a hedge fund that was on the brink of failure. The survival of a hedge fund, a private investment partnership available only to wealthy individuals and institutions, is normally not a matter of public concern. This case was different: LTCM had used such extensive leverage —it had augmented the size of its investments by borrowing and through use of derivative financial instruments — that its failure seemed to carry a “systemic” risk to financial markets in general and to the...
Suicide Rates and Risk Factors for the National Guard
In the past decade, federal and state governments have made a sustained effort to improve suicide prevention and response for the Armed Forces through funding, oversight, and legislation to enhance mental health and resiliency programs. The Department of Defense’s Suicide Prevention Office (DSPO) has reported that overall military suicide rates for the Active and Reserve Components are generally comparable with those of the general U.S. population when adjusting for demographics (i.e., the military is younger and has a greater percentage of men than the general U.S. population). However,...
Overseas Contingency Operations Funding: Background and Status
Congressional interest in Overseas Contingency Operation (OCO) funding has continued as Members debate ways of funding priorities without breaching discretionary spending limits set in law.
Since the terrorist attacks of September 11, 2001, Congress has appropriated $2 trillion in discretionary budget authority designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) in support of the broad U.S. government response to the 9/11 attacks and for other related international affairs activities. This figure amounts to 9.5% of total...
Hurricane Dorian: FEMA and Additional Storm-Related Resources
Introduction
On September 6, Hurricane Dorian made landfall as a category 1 storm at Cape Hatteras, North Carolina. This Insight provides a brief overview of emergency and major declarations and federal assistance programs potentially available to those affected by Hurricane Dorian. It also lists resources for forecast information, hurricane and flooding information, and selected CRS reports on federal emergency management policy.
The National Oceanic and Atmospheric Administration (NOAA) has issued watches and warnings for Hurricane Dorian, a storm slightly northeast of Cape Hatteras,...
New U.S. Sanctions on Venezuela
In August 2019, the Trump Administration expanded Venezuela-related sanctions by blocking all assets and interests of the Nicolás Maduro government in the United States. It also authorized sanctions against those who materially support the Maduro government or others already designated for sanctions, with exemptions for humanitarian aid.
Since recognizing Juan Guaidó, head of the National Assembly, as interim president of Venezuela in January 2019, the Administration has increased sanctions on the Maduro government in an effort to compel Maduro to leave office so a Guaidó-led transition...
Party Leaders in the United States Congress, 1789-2019
This report briefly describes current responsibilities and selection mechanisms for 15 House and Senate party leadership posts and provides tables with historical data, including service dates, party affiliation, and other information for each. Tables have been updated as of the report’s issuance date to reflect leadership changes.
Although party divisions appeared almost from the First Congress, the formally structured party leadership organizations now taken for granted are a relatively modern development. Constitutionally specified leaders, namely the Speaker of the House and the...
The United States and the People’s Republic of China (PRC or China) are involved in a prolonged stand-off over trade and in competition that is spilling from political and military areas into a growing number of other spheres, including technology, finance, and education, severely straining ties on the 40th anniversary of the two countries’ establishment of diplomatic relations. The two lead the world in the size of their economies, their defense budgets, and their global greenhouse gas emissions. Both countries are permanent members of the United Nations (U.N.) Security Council. In 2018,...
Surface Transportation Reauthorization and the America’s Transportation Infrastructure Act (S. 2302)
Federal rulemaking is an important mechanism through which the federal government implements policy. Federal agencies issue regulations pursuant to statutory authority granted by Congress. Therefore, Congress may have an interest in performing oversight of those regulations, and measuring federal regulatory activity can be one way for Congress to conduct that oversight. The number of federal rules issued annually and the total number of pages in the Federal Register are often referred to as measures of the total federal regulatory burden.
Certain methods of quantifying regulatory...
Congress determines through legislative action both the size and structure of the federal judiciary. Consequently, the creation of any new permanent or temporary U.S. circuit and district court judgeships must be authorized by Congress. A permanent judgeship, as the term suggests, permanently increases the number of judgeships in a district or circuit, while a temporary judgeship increases the number of judgeships for a limited period of time.
Congress last enacted comprehensive judgeship legislation in 1990. Since then, there have been a relatively smaller number of district court...
State Department and Related Agencies FY2000 Appropriations
On February 1, 1999 the President submitted his FY2000 budget request which, after being amended in June, included $6.3 billion for the Department of State and the Broadcasting Board of Governors. This represents a decline of $683 million (or 9.8%) from the FY1999 enacted level which consists of regular appropriations and an emergency supplemental appropriation for embassy security, among other measures. Congress approved the conference report (H.Rept.106-398) on October 20, 1999. The President vetoed the CJS legislation on October 25th, citing the need for hate crime legislation, the...
Greenland, Denmark, and U.S. Relations
In August 2019, President Trump expressed interest in purchasing Greenland—a self-governing part of the Kingdom of Denmark—due to the island’s strategic location in the Arctic and its increasingly accessible natural resources. After Greenlandic and Danish officials asserted that Greenland is “open for business, not for sale,” President Trump canceled a previously scheduled state visit to Denmark in early September and subsequently objected to Danish Prime Minister Mette Frederiksen’s description of his proposal as “absurd.” The incident sparked tensions with Denmark—a close U.S. ally in...
The following table provides access to names and contact information for CRS experts on policy concerns relating to flooding events in the United States. Policy areas identified include disaster assistance and recovery matters, and impacts such as displaced residents and business, losses in agricultural production, disruptions in transportation (river, rail, and highway), problems with water treatment and supply; responses and recovery operations such as disaster declarations and federal assistance, public health provisions, federal flood insurance, agricultural disaster relief and...
The Individuals with Disabilities Education Act (IDEA) Funding: A Primer
Since the enactment of P.L. 94-142, the predecessor legislation to the Individuals with Disabilities Education Act (IDEA), in 1975, the federal government has played a prominent role in encouraging the principle of educational equality for children with disabilities through a permanent, broad-scale federal assistance program. The IDEA is a grants statute that provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, that states agree to provide a free appropriate public education (FAPE; i.e., specially designed...
Wild and Scenic Rivers: Designation, Management, and Funding
Congress established the National Wild and Scenic Rivers System (NWSRS) in 1968 through the Wild and Scenic Rivers Act (WSRA; P.L. 90-542) to preserve free-flowing rivers for the benefit and enjoyment of present and future generations and to complement the then-current national policy of constructing dams and other river structures that altered flow. Designated rivers usually are referred to as wild and scenic rivers (WSRs). The WSRA established three classes of WSRs—wild, scenic, and recreational—reflecting the characteristics of the rivers at the time of designation and affecting the...
Domestic Food Assistance: Summary of Programs
Over the years, Congress has authorized and the federal government has administered programs to provide food to the hungry and to other vulnerable populations in this country. This report offers a brief overview of hunger and food insecurity along with the related network of programs. The report is structured around three main tables that contain information about each program, including its authorizing language, administering agency, eligibility criteria, services provided, participation data, and funding information. In between the tables, contextual information about this policy area...
State and Local Financing of Public Schools
The funding of public elementary and secondary schools in the United States involves a combination of local, state, and federal government revenues, in proportions that vary substantially both across and within states. According to the most recent data, state governments provide 47.0% of these revenues, local governments provide 44.8%, and the federal government provides 8.3%. Over the last several decades, the share of public elementary and secondary education revenues provided by state governments has increased, the share provided by local governments has decreased, and the federal share...
Supreme Court October Term 2018: A Review of Selected Major Rulings
The Supreme Court term that began on October 1, 2018, was a term of transition, with the Court issuing a number of rulings that, at times, suggested but did not fully adopt broader transformations in its jurisprudence. The term followed the retirement of Justice Kennedy, who was a critical vote on the Court for much of his 30-year tenure and who had been widely viewed as the Court’s median or “swing” Justice. As a result, the question looming over the October 2018 Term was how the replacement of Justice Kennedy with Justice Kavanaugh would alter the Court’s jurisprudence going...
Missing Adults: Background, Federal Programs, and Issues for Congress
Adults may go missing due to personal choice, an abduction, foul play, a mental or physical disability, or a natural catastrophe, among other reasons. No accurate estimates exist of the number of missing adults; however, approximately 56,000 cases of missing adults (age 18 and older) were pending in the Federal Bureau of Investigation’s (FBI) National Crime Information Center (NCIC) system, a computerized index with data on crimes and locator files for missing and unidentified persons. Certain adults are particularly vulnerable to missing episodes; for example, those with dementia are at...
Payroll Tax Cuts as Economic Stimulus: Past Experience and Economic Considerations
A range of fiscal and monetary policy tools have been used in the past to respond to weak economic conditions and recessions. One of those policy tools, enacted as economic stimulus in December 2010, was a temporary employee payroll tax cut. On August 20, 2019, President Trump expressed interest in proposing a payroll tax cut, although subsequent reports indicate this may not be a policy the Administration intends to actively pursue at this time.
2011-2012 Payroll Tax Cut
Payroll taxes are collected to finance certain entitlement programs, including Social Security, parts of Medicare, and...
This Insight provides a brief overview of the Emergency Food and Shelter Program (EFSP), and funding provided for it through the FY2019 Border Supplemental.
General EFSP Administration
The EFSP provides grants to private nonprofit organizations and local governments to supplement and expand ongoing efforts and local programs to provide shelter, food, and supportive services for individuals and families who are homeless or experiencing economic emergencies. It was first authorized under the Stewart B. McKinney Homeless Assistance Act of 1987 (P.L. 100-77), later renamed the McKinney-Vento...
Norwegian Air International and Low-Cost Long-Haul Flights
Legislation introduced in the House of Representatives in July 2019 would prohibit the U.S. Department of Transportation (DOT) from allowing a foreign airline to serve the United States if it “is established in a country other than the home country of its majority owner or owners in order to avoid regulations of the home country.” The bill, H.R. 3632, is the latest salvo in a prolonged battle over issuance of a foreign air carrier permit that allows Norwegian Air Shuttle, which owns a group of discount carriers, to operate transatlantic flights to U.S. destinations.
Norwegian Air Shuttle...
A Balanced Budget Constitutional Amendment: Background and Congressional Options
One of the most persistent political issues facing Congress in recent decades is whether to require that the budget of the United States be in balance. Although a balanced federal budget has long been held as a political ideal, the accumulation of large annual budget deficits and the associated growth of public debt in recent years has heightened concern that some action to require a balance between revenues and expenditures may be necessary.
The debate over a balanced budget measure actually consists of several interrelated debates. Most prominently, the arguments of proponents have...
International Food Assistance: Food for Peace Nonemergency Programs
The U.S. government provides international food assistance to promote global food security, alleviate hunger, and address food crises among the world’s most vulnerable populations. Congress authorizes this assistance through regular agriculture and international affairs legislation, and provides funding through annual appropriations legislation. The primary channel for this assistance is the Food for Peace program (FFP), administered by the U.S. Agency for International Development (USAID). Established in 1954, FFP has historically focused primarily on meeting the emergency food needs of...
Global Trade Imbalances: Overview and Issues
On July 17, 2019, the International Monetary Fund (IMF) published its annual report on global trade that identifies countries with “excessive” current account balances—both surpluses and deficits—and exchange rates that are “misaligned.” The current account is a broad measure of a country’s global economic engagement and is comprised of trade in goods, services, and official flows. By definition, surpluses or deficits in one country are offset by deficits or surpluses in other countries such that the global current account balance nets to zero (including statistical discrepancy), as...
The Yield Curve and Predicting Recessions
Economists and financial markets closely monitor interest rates in hopes of gleaning information about the path of the economy. One measure of particular interest is the “yield curve.” Recently, the yield curve associated with U.S. Treasuries has been inverted. This Insight discusses possible explanations for the inversion, including whether the inversion is signaling that the economy will enter a recession.
What Is the Yield Curve?
A yield curve plots the interest rates on various short-, medium-, and long-term bonds by the same issuer. Normally, short-term interest rates are lower than...
Federal Personal Property Disposal: Procedures and Reforms
Federal personal property is generally defined as anything the government owns that is not real property. Common examples of personal property include furniture, cars, laptops, scientific equipment, and machinery. Sound management of the government’s personal property inventory—which is valued at more than $1 trillion—is necessary to mitigate the risk of waste, fraud, and loss. Federal statutes and regulations require agencies to regularly survey their personal property inventories and dispose of items they no longer need (excess personal property). When an agency identifies excess...
Small Business Credit Markets and Selected Policy Issues
Small businesses are owned by and employ a wide variety of entrepreneurs—skilled trade technicians, medical professionals, financial consultants, technology innovators, and restaurateurs, among many others. As do large corporations, small businesses rely on credit to purchase inventory, to cover cash flow shortages that may arise from unexpected expenses or periods of inadequate income, or to expand operations. During the Great Recession of 2007-2009, lending to small businesses declined. A decade after the recession, it appears that while many small businesses enjoy increased access to...
Defense Spending Under an Interim Continuing Resolution: In Brief
This report provides a basic overview of interim continuing resolutions (CRs) and highlights some specific issues pertaining to operations of the Department of Defense (DOD) under a CR.
DOD has started the fiscal year under a CR for 13 of the past 18 years (FY2002-FY2019) and every year since FY2010 excluding FY2019. The amount of time DOD has operated under CR authorities during the fiscal year has tended to increase in the past 10 years and equates to a total of more than 39 months since 2010.
As with regular appropriations bills, Congress can draft a CR to provide funding in many ways....
Libya: Conflict Disrupts U.S.-Backed Transition Plan
On April 4, 2019, Khalifa Haftar, the commander of the Libyan National Army (LNA) coalition that has controlled eastern Libya with foreign military and financial support since 2014, ordered forces loyal to him to begin a unilateral military operation to secure the capital, Tripoli. Tripoli is the seat of the Government of National Accord (GNA), an interim body recognized by the United States and United Nations (U.N.) Security Council as Libya’s legitimate governing entity. In response to the pro-LNA offensive, pro-GNA and other anti-Haftar elements in western Libya have mobilized. Fighting...
Words Taken Down: Calling Members to Order for Disorderly Language in the House
Rule XVII, clause 4, of the standing rules of the House of Representatives describes a parliamentary mechanism whereby a Member may call another Member to order for the use of disorderly language. Disorderly, or unparliamentary, remarks are a violation of House rules of decorum. This mechanism, which is referred to as “words taken down,” may be invoked during debate on the House floor, in the Committee of the Whole, or in the standing and select committees of the House.
To call a Member to order for allegedly disorderly remarks, a Member would state the following: “I demand that the...
Bitcoin, Blockchain, and the Energy Sector
The popularity of cryptocurrencies such as Bitcoin and the underlying blockchain technology presents both challenges and opportunities to the energy sector. As interest in Bitcoin and other cryptocurrencies has increased, the energy demand to support cryptocurrency “mining” activities has also increased. The increased energy demand—when localized—can exceed the available power capacity and increase customers’ electricity rates. On the other hand, not all cryptocurrencies require energy-intensive mining operations. Some cryptocurrencies can operate under algorithms that require less energy....
The Administration’s Designation of China as a Currency Manipulator
On August 4, China’s central bank allowed its currency, the yuan, to depreciate to an 11-year low, breaking the politically sensitive threshold of seven yuan to one U.S. dollar (Figure 1). A depreciation of the yuan against the U.S. dollar makes Chinese exports less expensive in global markets. Some analysts speculate the depreciation is designed to offset and retaliate against U.S. tariffs on Chinese imports, coming four days after President Trump announced his intent to impose an additional 10% tariff on $300 billion of Chinese imports on September 1. There are differing views on the...
Since the mid-1970s, Congress’s oversight of the Intelligence Community (IC) has been a fundamental component of ensuring that the IC’s seventeen diverse elements are held accountable for the effectiveness of their programs supporting United States national security. This has been especially true for covert action and clandestine intelligence activities because of their significant risk of compromise and potential long-term impact on U.S. foreign relations. Yet, by their very nature, these and other intelligence programs and activities are classified and shielded from the public....
A New Director for the International Monetary Fund
On July 16, Christine Lagarde announced that she was resigning as International Monetary Fund (IMF) Managing Director following her nomination to succeed Mario Draghi as president of the European Central Bank. She is expected to take up the new post in November. Until a new permanent director is chosen, David Lipton, the IMF’s First Deputy Managing Director, will serve as Acting Managing Director.
Ms. Lagarde’s tenure at the IMF coincided with arguably the most challenging global economic landscape in recent decades. Assuming office in the middle of the global financial crisis and amidst...
Export-Import Bank: Overview and Reauthorization Issues
The Export-Import Bank of the United States (Ex-Im Bank or the Bank)—commonly referred to as the official export credit agency (ECA) of the United States—provides financing and insurance to facilitate the export of U.S. goods and services to support U.S. jobs. Ex-Im Bank, a wholly owned U.S. government corporation, operates pursuant to a renewable statutory charter (Export-Import Bank Act of 1945, as amended; 12 U.S.C. §635 et seq.), and also abides by international rules on ECA financing under the Organization for Economic Cooperation for Development (OECD). The Bank aims to provide...
Real Time Payments Initiatives
Technological advances have made it feasible to create a real time payments (RTP) network between financial institutions in which the recipient of an electronic payment would receive funds in seconds, compared to the current practice of later in the day or the next day. The Federal Reserve’s (Fed’s) recent announcement that it would create a RTP system has been controversial, as it will be directly competing with a privately owned system.
Background
This Insight discusses payment and settlement systems that allow individuals and businesses to complete payments across different financial...
Human Fetal Tissue Research: Frequently Asked Questions
This report provides answers to frequently asked questions concerning the regulation and use of fetal tissue in research, including a description of what constitutes fetal tissue research, uses of fetal tissue for medical purposes, how such tissue is acquired, along with rules and regulations governing the use and acquisition of fetal tissue.
fetal tissue, Planned Parenthood, fetal tissue transplantation research, Common Rule,
Department of Homeland Security Appropriations: FY2019
This report provides an overview and analysis of FY2019 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on congressional direction and funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for specific component appropriations.
As part of an overall DHS budget that the Office of Management and Budget (OMB)...
North Korea: What 18 Months of Diplomacy Has and Has Not Achieved
Overview
Since President Trump agreed in March 2018 to hold a summit with North Korean leader Kim Jong-un to discuss North Korea’s nuclear and missile programs, the Trump Administration’s strategy has appeared to be based on the presumption that developing a leader-to-leader relationship will produce more results than the working-group approaches taken by previous administrations. Trump and Kim have held three meetings: in Singapore (June 2018); Hanoi (February 2019); and Panmunjom (June 2019). Since March 2018, Kim also has met on five occasions with Chinese President Xi Jinping, three...
The Bipartisan Budget Act of 2019: Changes to the BCA and Debt Limit
The Bipartisan Budget Act of 2019 (BBA 2019; P.L. 116-37) was enacted on August 2, 2019. BBA 2019 raised the discretionary spending limits (caps) implemented by the Budget Control Act of 2011 (BCA; P.L. 112-25) for FY2020 and FY2021; made other BCA-related changes, including an extension of the mandatory sequester through FY2029; and suspended the statutory debt limit until August 1, 2021.
Changes to FY2020 and FY2021 Discretionary Spending Caps
The BCA created annual statutory discretionary spending caps for defense and nondefense spending that are in effect through FY2021. If...
Labor, Health and Human Services, and Education: FY2019 Appropriations
This report offers an overview of actions taken by Congress and the President to provide FY2019 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill includes all accounts funded through the annual appropriations process at the Department of Labor (DOL) and Department of Education (ED). It also provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
3D Printing: Overview, Impacts, and the Federal Role
Three-dimensional (3D) printing, also known as additive manufacturing, is a highly flexible manufacturing process that has been used in product development and production for the past 30 years. Greater capabilities, lower prices, and an expanded range of manufacturing materials have vastly expanded adoption of 3D printers over the last decade and a half. The economic and scientific potential of this technology, as well as certain regulatory concerns (such as 3D printing of firearms), have recently increased congressional interest.
3D printers are used in a variety of industries—such as...
The Department of Defense’s JEDI Cloud Program
In September 2017, the Deputy Secretary of Defense issued a memorandum calling for the accelerated adoption of a Department of Defense (DOD) enterprise-wide cloud services solution as a fundamental component of ongoing DOD modernization efforts. As a component of this effort, DOD is seeking to acquire a cloud services solution accessible to the entirety of the Department that can support Unclassified, Secret, and Top Secret requirements, focusing on commercially available cloud service solutions, through the Joint Enterprise Defense Infrastructure (JEDI) Cloud acquisition program.
DOD...
The United States and Soviet Union signed the Intermediate-Range Nuclear Forces (INF) Treaty in December 1987. Negotiations on this treaty were the result of a “dual-track” decision taken by NATO in 1979 in response to concerns about the Soviet Union’s deployment of new intermediate-range nuclear missiles. NATO agreed both to accept deployment of new U.S. intermediate-range ballistic and cruise missiles and to support U.S. efforts to negotiate with the Soviet Union to limit these missiles. In the INF Treaty, the United States and Soviet Union agreed that they would ban all land-based...
Why Is the Federal Reserve Reducing Interest Rates?
On July 31, the Federal Reserve (Fed) reduced the federal funds rate by a quarter of a percentage point. The Fed targets this rate to meet its statutory mandate of maximum employment and stable prices (defined as 2% inflation). Lower interest rates would tend to raise employment and inflation, all else equal.
Fed Rate Cuts Across the Business Cycle
The Fed typically cuts rates during recessions and raises rates during expansions. Since the Fed began using the federal funds rate as its primary instrument to carry out monetary policy (possibly as early as 1982), it has had four periods of...
Trends in the U.S. Poverty Rate after Recessions
poverty, poverty rate, recession, expansion, recovery, business cycle
Behavioral Economics, IRS Letter Campaigns, and Tax Compliance
Research from the fields of behavioral economics and behavioral science suggests there may be cost-effective ways for the Internal Revenue Service (IRS) to increase tax compliance and collections. This Insight discusses one relatively simple approach to potentially increase compliance: carefully crafted letters to taxpayers. The discussion below is also intended to introduce the reader to a small portion of the vocabulary used by behavioral economists.
Classical and Behavioral Theories
According to the most recent estimates, the IRS collects about 84% of the taxes it should be collecting....
The 21st century has seen the operation of elementary, secondary, and postsecondary educational institutions and the education of the students they enroll disrupted by natural disasters, such as hurricanes and floods, and by national emergencies, such as the terrorist attacks of September 11, 2001. This report is intended to inform Congress of existing statutory and regulatory provisions that may aid in responding to future disasters and national emergencies that may affect the provision of or access to education and highlight the actions of previous Congresses to provide additional...
New UK Leadership: Implications for Brexit
On July 24, 2019, Boris Johnson became prime minister of the United Kingdom (UK) after winning the Conservative Party leadership contest that was triggered by the resignation of Theresa May as party leader on June 7. A colorful and polarizing figure who was one of the leading voices in the campaign for the UK to leave the European Union (EU), Johnson previously served as UK foreign secretary from 2016 to 2018 and mayor of London from 2008 to 2016. He inherits a government in which the Conservative Party controls a slim parliamentary majority by virtue of support from the Democratic...
FY2019 Disaster Supplemental Appropriations: Overview
This report provides a legislative history of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20), and provides an overview of some of the issues that often arise with consideration of supplemental disaster assistance appropriations.
In total, 59 major disasters were declared in calendar year 2018, and 27 major disasters were declared in 2019 up to the date the compromise on the disaster supplemental was announced. In addition to these specifically declared incidents, other situations arose that caused disruption to lives, economic resources, and...
Carbon Monoxide Detection Requirements for Military Housing
Carbon monoxide (CO) is a colorless, odorless, and tasteless gas that can cause sudden illness or death if a person is exposed to certain quantities. Often referred to as the “silent killer,” CO poisoning kills over 430 people annually in the United States (U.S.), and approximately 50,000 people seek emergency medical treatment. Most states have enacted statutes or adopted regulations that require CO detectors or alarms in private dwellings. In these states, owners are required to install at least one battery-operated or hard wired CO detector or alarm in a housing unit.
Likewise, the...
Federal Indian Law: Judicial Developments in the October 2018 Supreme Court Term
Each term, the Supreme Court typically hears arguments in one or more cases concerning the rights and status of Indian tribes and their members. Prominent issues addressed by the Supreme Court in recent terms have included (1) tribes’ civil jurisdiction over nonmembers, (2) the scope of tribal sovereign immunity, and (3) termination of Indian parents’ rights in adoption cases.
The October 2018 term likewise featured several Indian law issues: the Court heard arguments in three significant cases, each of which implicated the complex relationships among tribal, state, and federal laws. In...
The Front End of the Nuclear Fuel Cycle: Current Issues
Nuclear power contributes roughly 20% of the electrical generation in the United States. Uranium is the fundamental element in fuel used for nuclear power production. The nuclear fuel cycle is the cradle-to-grave life cycle from extracting uranium ore from the earth through power production in a nuclear reactor to permanent disposal of the resulting spent nuclear fuel.
The front-end of the nuclear fuel cycle considers the portion of the nuclear fuel cycle leading up to electrical power production in a nuclear reactor. The front-end of the nuclear fuel cycle has four stages: mining and...
HUD’s Proposal to End Assistance to Mixed Status Families
On May 10, 2019, the Department of Housing and Urban Development (HUD) released a proposed rule to end eligibility for “mixed status” families in its major rental assistance programs (public housing, Section 8 Housing Choice Vouchers, Section 8 project-based rental assistance). “Mixed status” families comprise both citizens (or eligible noncitizens) and ineligible noncitizens. As reported in the press and reflected in analysis by both CRS and HUD, the rule would likely result in the displacement from HUD-assisted housing of over 25,000 families, including 55,000 children. Additionally, the...
Department of Veterans Affairs (VA): A Primer on Telehealth
The Veterans Health Administration (VHA), of the Department of Veterans Affairs (VA), is leveraging the use of telehealth with the goal of expanding veterans’ access to VA care. Telehealth generally refers to the use of information and communication technology to deliver a health care service. It is a mode of health care delivery that extends beyond the “brick-and-mortar” health care facilities of the VHA. VA telehealth services are generally provided on an outpatient basis and supplement in-person care. Such services do not replace VA in-person care. The VA copay requirements for...
Department of Defense Energy Management: Background and Issues for Congress
The U.S. Department of Defense (DOD) consumes more energy than any other federal agency—77% of the entire federal government’s energy consumption. Energy management is integral to DOD operations. From running bases and training facilities to powering jets and ships, DOD relies on energy to maintain readiness and resiliency for mission operations. Energy efficiency—providing the same or an improved level of service with less energy—over time can reduce agency expenses, particularly at an agency like DOD, where energy represents roughly 2% of the department’s annual budget.
Since the 1970s,...
Ghana: Current Issues and U.S. Relations in Brief
Ghana, a country of 28 million people on West Africa’s Atlantic coast, faces diverse development challenges, but has built a robust democracy notable for consistent peaceful turnovers of executive power since a transition to multiparty rule in the early 1990s. The country also has made progress toward many of the socioeconomic outcomes that successive U.S. administrations have sought to foster in Africa, and U.S. policymakers have tended to view Ghana as a stable U.S. partner in an often volatile region. Substantial U.S. bilateral aid has both been premised on and arguably contributed to...
Federal Disaster Assistance Response and Recovery Programs: Brief Summaries
This report is designed to assist Members of Congress and their staff as they address the needs of their states, communities, and constituents after a disaster. It includes a summary of federal programs that provide federal disaster assistance to individual survivors, states, territories, local governments, and nongovernmental entities following a natural or man-made disaster. A number of federal agencies provide financial assistance through grants, loans, and loan guarantees to assist in the provision of critical services, such as temporary housing, counseling, and infrastructure...
Overview of Recent Administrative Reforms of Fannie Mae and Freddie Mac
Congress chartered Fannie Mae and Freddie Mac, also known collectively as the government-sponsored enterprises (GSEs), to promote homeownership for underserved groups and locations by providing liquidity to the secondary mortgage market. The GSEs specifically facilitate financing for single-family residential mortgages and multifamily (apartment and condominium) construction. After purchasing pools of single-family 30-year fixed rate mortgages, the GSEs retain the credit (default) risks from the whole mortgages and subsequently issue mortgage-backed securities (MBSs), which are bond-like...
Congressional Commissions: Funding and Expenditures
Congressional commissions have been established for a variety of purposes, and can help serve a critical role by informing Congress, providing expert advice on complex or controversial issues, and generating policy recommendations. In general, commissions hold hearings, conduct research, analyze data, and/or make field visits as they carry out their duties. Most complete their work by delivering their findings, recommendations, or advice in the form of a written report to Congress. For example, the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) was...
The Legislative Process on the Senate Floor: An Introduction
The standing rules of the Senate promote deliberation by permitting Senators to debate at length and by precluding a simple majority from ending debate when they are prepared to vote to approve a bill. This right of extended debate permits filibusters that can be brought to an end if the Senate invokes cloture, usually by a vote of three-fifths of all Senators. Even then, consideration can typically continue under cloture for an additional 30 hours. The possibility of filibusters encourages the Senate to seek consensus whenever possible and to conduct business under the terms of unanimous...
Vulnerable Youth: Federal Mentoring Programs and Issues
Youth mentoring refers to a relationship between youth—particularly those most at risk of experiencing negative outcomes in adolescence and adulthood—and the adults who support and guide them. The origin of the modern youth mentoring concept is credited to the efforts of charity groups that formed during the Progressive era of the early 1900s to provide practical assistance to poor and juvenile justice-involved youth, including help with finding employment.
Approximately 4.5 million youth today are involved in formal mentoring relationships through mentoring organizations (e.g., Big...
BB&T and SunTrust: The Latest Proposed Merger in a Long-Term Trend of Banking Industry Consolidation
On February 9, 2019, BB&T and SunTrust—the 16th- and 17th-largest U.S. bank holding companies (BHCs) by asset size, respectively—announced they intend to merge, which would create the 8th-largest BHC. The House Financial Services Committee has scheduled a hearing on July 24, 2019, that will examine this merger.
Over the past 35 years, banks are becoming fewer, and industry assets are increasingly concentrated in large banks. Observers have warned that this trend could leave certain markets traditionally served by small banks underserved or unserved. In addition, large, complex banks—or too...
BB&T and SunTrust: Merger Approval Process and Trends
BB&T and SunTrust have proposed a merger that could form the eighth-largest bank holding company (BHC) by assets in the United States (see CRS Insight IN11062, BB&T and SunTrust: The Latest Proposed Merger in a Long-Term Trend of Banking Industry Consolidation). This has focused congressional attention on bank mergers. This Insight examines the bank merger regulatory approval process.
Merger Approval Process
BB&T and Suntrust are both BHCs with state-chartered subsidiary banks. The Suntrust bank is not a member of the Federal Reserve System. As such, the merger must be approved by the...
Job Creation in the Manufacturing Revival
The health of the U.S. manufacturing sector is of ongoing interest to Congress. Numerous bills aimed at promoting manufacturing are introduced in each Congress, often with the stated goal of creating jobs. Implicit in many of these bills is the assumption that the manufacturing sector is uniquely able to provide well-paid employment for workers who have not pursued education beyond high school.
Definitional issues have made it more challenging to assess the state of the manufacturing sector. Lines between manufacturing and other economic sectors are increasingly blurred. Many workers in...
As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge—that is, obtain relief from—debts he is unable to repay. However, Congress, based upon its determination that allowing debtors to freely discharge student loans in bankruptcy could threaten the student loan program, has limited the circumstances in which a debtor may discharge a student loan. Under current law, a debtor may not discharge a student loan...
Afghanistan: Background and U.S. Policy
Afghanistan has been a significant U.S. foreign policy concern since 2001, when the United States, in response to the terrorist attacks of September 11, 2001, led a military campaign against Al Qaeda and the Taliban government that harbored and supported it. In the intervening 18 years, the United States has suffered approximately 2,400 military fatalities in Afghanistan, with the cost of military operations reaching nearly $750 billion. Congress has appropriated approximately $133 billion for reconstruction. In that time, an elected Afghan government has replaced the Taliban, and most...
Regular Vetoes and Pocket Vetoes: In Brief
The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool in the executive branch’s dealings with Congress. In order for a bill to become law, the President either signs the bill into law, or the President allows the bill to become law without signature after a 10-day period.
Regular vetoes occur when the President refuses to sign a bill and returns the bill complete with objections to Congress within 10 days. Upon receipt of the rejected bill, Congress is able to begin the veto override process, which requires a two-thirds...
FY2019 National Defense Authorization Act (H.R. 5515)
For FY2019, the Trump Administration requested $708.1 billion to fund programs falling under the jurisdiction of the House and Senate Armed Services Committees and subject to authorization by the annual National Defense Authorization Act (NDAA).
The annual National Defense Authorization Act (NDAA) authorizes appropriations for the Department of Defense (DOD) and defense-related atomic energy programs of the Department of Energy. In addition to authorizing appropriations, the NDAA establishes defense policies and restrictions, and addresses organizational administrative matters related to...
Department of Health and Human Services: FY2020 Budget Request
Historically, the U.S. Department of Health and Human Services (HHS) has been one of the larger federal departments in terms of budgetary resources. Estimates by the Office of Management and Budget (OMB) indicate that HHS has accounted for at least 20% of all federal outlays in each year since FY1995. Most recently, HHS is estimated to have accounted for 27% of all federal outlays in FY2018.
Final FY2019 appropriations had not been enacted for a few HHS operating divisions and accounts prior to the development of the FY2020 President’s budget request. As a result, the FY2019 estimates...
Sudan’s future is uncertain in the aftermath of President Omar al Bashir’s ouster as elements of his regime have sought to retain power in the face of a popular uprising and international pressure. The Sudanese military has a history of intervention in politics: the 1989 coup in which Bashir came to power was the country’s fourth. Sudan also has a long history of rebellion and resistance. While the armed uprisings are more widely known, mass protests against military regimes in 1964 and 1985 spurred coups that led to brief periods of civilian rule. The current protest movement is...
The Regional Greenhouse Gas Initiative: Background, Impacts, and Selected Issues
The Regional Greenhouse Gas Initiative (RGGI) was the nation’s first mandatory cap-and-trade program for greenhouse gas (GHG) emissions. RGGI currently involves nine states—Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. New Jersey is to rejoin the program in 2020. The RGGI cap-and-trade system applies only to carbon dioxide (CO2) emissions from electric power plants with capacities to generate 25 megawatts or more—165 facilities in the region. The RGGI emissions cap took effect January 1, 2009, based on an agreement signed by RGGI...
Section 232 Investigation: Uranium Imports
On July, 12, 2019, President Trump declined to impose quotas or other trade measures on imports of uranium materials under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). The President did not concur with the U.S. Department of Commerce’s (Commerce’s) findings that “uranium imports threaten to impair the national security of the United States as defined under section 232.” As part of his decision, the President established a Nuclear Fuel Working Group to “examine the current state of domestic nuclear fuel production to reinvigorate the entire nuclear fuel supply chain,”...
The September 11th Victim Compensation Fund (VCF): Background and Potential Reauthorization
The September 11th Victim Compensation Fund (VCF) provides cash benefits to certain persons whose health may have been affected by exposure to debris or toxic substances in the aftermath of the September 11, 2001, terrorist attacks on the Pentagon and the World Trade Center, and the terrorist-related aircraft crash at Shanksville, PA. Congress created the original VCF shortly after the 2001 terrorist attacks to provide compensation to persons injured and to the families of persons killed in the attacks and their immediate aftermath. In 2011, Congress reopened the VCF to provide benefits to...
Federal Highway Traffic Safety Policies: Impacts and Opportunities
In 2017, 37,133 Americans were killed in crashes involving motor vehicles. Motor vehicle crashes are a leading cause of death for Americans overall, and the number one cause of death for teenagers. Millions of people are injured in crashes annually, and motor vehicle crashes are estimated to have cost some $242 billion in 2010 in lost productivity, medical costs, legal costs, property damage, and time lost in congestion caused by crashes. As measured by the number of deaths per mile people are driving, the rate at which people are killed in traffic crashes declined significantly from 1929,...
Tropical Storm Barry: FEMA and Additional Storm-Related Resources
Introduction
This Insight provides a brief overview of emergency and major declarations and federal assistance programs potentially available to those affected by Tropical Storm Barry. It also lists resources for forecast information, hurricane and flooding information, and selected Congressional Research Service reports on federal emergency management policy.
The National Oceanic and Atmospheric Administration (NOAA) has issued watches and warnings for Tropical Storm Barry, a slow-moving storm in the Northern Gulf of Mexico. Current forecasts predict the storm’s landfall to occur along...
Exposed Data Highlights Law Enforcement Use of Selected Technologies
Official use of image capturing and facial recognition technology—particularly by law enforcement—has been the subject of recent congressional attention. Specifically, there is interest in facial recognition’s accuracy, the databases against which faces are compared, which individual data are subject to collection and retention, how agencies ensure data security, and public notification regarding the use of facial recognition and other image capturing technology. Many of these issues were highlighted following a recently acknowledged breach of certain data held by a U.S. Customs and Border...
Spending and Tax Expenditures: Distinctions and Major Programs
Spending programs and tax expenditures are the two primary ways that the federal government provides benefits to the public. Each type of intervention represents a transfer from the government to individuals and firms, though differences in the budget process, saliency, and targeting may have ramifications for usage across different types of services.
Federal expenditures (spending) are transfers from the federal government to individuals, firms, or institutions that do not draw directly from individual or corporate tax liability. Federal spending programs fall into three broad...
FY2019 Disaster Supplemental Appropriations: CRS Experts
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The following list of CRS experts provides points of contact for CRS’s congressional clients with specific questions regarding the particular appropriations and provisions proposed in the various disaster relief supplemental bills considered for FY2019. This report is intended as a companion to other CRS products on the FY2019 disaster relief supplemental appropriations measures.
The appropriations are largely arranged the way they are in the bill itself: they are grouped by subcommittee of jurisdiction, and by department or agency within each subcommittee—some...
Comparing DHS Component Funding, FY2019: In Brief
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Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. The Tables and Figure show DHS’s new discretionary budget authority enacted for FY2018 and requested by the Administration for FY2019, as well as the House and Senate committee-reported response and ultimately enacted FY2019 annual appropriation, broken down by component. They also show information on DHS funding from two enacted supplemental appropriations measures: P.L. 116-20, a...
Resources for Key Economic Indicators
An understanding of economic indicators and their significance is seen as essential to the formulation of economic policies. These indicators, or statistics, provide snapshots of an economy’s health as well as starting points for economic analysis. This report contains a list of selected authoritative U.S. government sources of economic indicators, such as gross domestic product (GDP), income, inflation, and labor force (including employment and unemployment) statistics.
Additional content includes related resources, frequently asked questions (FAQs), and links to external glossaries.
Infantry Brigade Combat Team (IBCT) Mobility, Reconnaissance, and Firepower Programs
Infantry Brigade Combat Teams (IBCTs) constitute the Army’s “light” ground forces and are an important part of the nation’s ability to project forces overseas. The wars in Iraq and Afghanistan, as well as current thinking by Army leadership as to where and how future conflicts would be fought, suggest IBCTs are limited operationally by their lack of assigned transport and reconnaissance vehicles as well as firepower against hardened targets and armored vehicles.
There are three types of IBCTs: Light, Airborne, and Air Assault. Light IBCTs are primarily foot-mobile forces. Light IBCTs can...
Immigration: Alternatives to Detention (ATD) Programs
Since FY2004, Congress has appropriated funding to the Department of Homeland Security’s (DHS’s) Immigration and Customs Enforcement (ICE) for an Alternatives to Detention (ATD) program to provide supervised release and enhanced monitoring for a subset of foreign nationals subject to removal whom ICE has released into the United States. These aliens are not statutorily mandated to be in DHS custody, are not considered threats to public safety or national security, and have been released either on bond, their own recognizance, or parole pending a decision on whether they should be removed...
The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions
The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) was enacted on October 5, 2018. DRRA is the most comprehensive reform of the Federal Emergency Management Agency’s (FEMA’s) disaster assistance programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295). DRRA focuses on improving pre-disaster planning and mitigation, response, and recovery, and increasing FEMA accountability. As such, it amends many sections of the Robert T. Stafford...
Critical Infrastructure: Emerging Trends and Policy Considerations for Congress
Protection of the nation’s critical infrastructure (CI) against asymmetric physical or cyber threats emerged in the late 1990s as a policy concern, which was then further amplified by the 9/11 terrorist attacks. Congress created the Department of Homeland Security (DHS) in the wake of the attacks, and directed the new Department to identify, prioritize, and protect systems and assets critical to national security, the economy, and public health or safety. Identification of CI assets was, and remains, a complex and resource-intensive task.
Many governmental and non-governmental...
Beneficial ownership refers to the natural person or persons who invest in, control, or otherwise reap gains from an asset, such as a bank account, real estate property, company, or trust. In some cases, an asset’s beneficial owner may not be listed in public records or disclosed to federal authorities as the legal owner. For some years, the United States has been criticized by international bodies for gaps in the U.S. anti-money laundering system related to a lack of systematic beneficial ownership disclosure. While beneficial ownership information is relevant to several types of assets,...
Illicit Drug Flows and Seizures in the United States: What Do We [Not] Know?
Policy discussions around issues such as border security, drug trafficking, and the opioid epidemic include questions about illicit drug flows into the United States. While there are numerous data points involved in understanding the trafficking of illicit drugs into the United States, these data are often estimated, incomplete, imperfect, or lack nuance. For example, debates about drug flows and how best to counter drug trafficking into the country often rely on selected drug seizure data from border officials, which do not reflect all drug flows into the United States.
One way of...
Effects of Buy America on Transportation Infrastructure and U.S. Manufacturing
In 1978, Congress began placing domestic content restrictions on federally funded transportation projects that are carried out by nonfederal government agencies such as state and local governments. These restrictions, which have changed over the years, are commonly referred to as the Buy America Act, or more simply, Buy America. Although there has been ongoing congressional interest in domestic preference policy over the years, statements and actions by the Trump Administration about reinvigorating domestic manufacturing and investing in infrastructure have stimulated renewed interest in...
This report is intended to serve as a finding aid for congressional documents, executive branch documents and information, news articles, policy analysis, contacts, and training, for use in policy and legislative research. It is not intended to be a definitive list of all resources, but rather a guide to pertinent subscriptions available in the House and Senate in addition to selected resources freely available to the public. This report is intended for use by congressional staff and will be updated as needed.
Long-Term Budgeting within the Congressional Budget Process: In Brief
Members of Congress, the Administration, and outside groups have expressed concern over long-term projections of deficits and debt levels. The Congressional Budget Office (CBO) has stated that federal deficits and debt held by the public, which are higher than average, are projected to increase sharply over the next 30 years.
Some have argued that the current congressional budget process has created, or at least exacerbated, the projected long-term deficit and debt challenges. It has been said that the current process does not encourage or require the consideration of long-term budgetary...
India’s 2019 National Election and Implications for U.S. Interests
India, a federal republic and the world’s most populous democracy, held elections to seat a new lower house of parliament in April and May of 2019. Estimates suggest that more than two-thirds of the country’s nearly 900 million eligible voters participated. The 545-seat Lok Sabha (People’s House) is seated every five years, and the results saw a return to power of the Bharatiya Janata Party (BJP) led by Prime Minister Narendra Modi, who was chief minister of the west Indian state of Gujarat from 2001 to 2014. Modi’s party won decisively—it now holds 56% of Lok Sabha seats and Modi became...
The Opioid Epidemic: Supply Control and Criminal Justice Policy—Frequently Asked Questions
Over the last several years, lawmakers in the United States have responded to rising drug overdose deaths, which increased four-fold from 1999 to 2017, with a variety of legislation, hearings, and oversight activities. In 2017, more than 70,000 people died from drug overdoses, and approximately 68% of those deaths involved an opioid.
Many federal agencies are involved in domestic and foreign efforts to combat opioid abuse and the continuing increase in opioid related overdose deaths. A subset of those agencies confront the supply side (some may also confront the demand side) of the opioid...
Critical Minerals and U.S. Public Policy
President Trump and various U.S. lawmakers have expressed concerns about U.S. reliance on critical mineral imports and potential disruption of supply chains that use critical minerals for various end uses, including defense and electronics applications. Chinese export quotas on a subset of critical minerals referred to as rare earth elements (REEs) and China’s 2010 curtailment of REE shipments to Japan heightened U.S. vulnerability concern.
In December 2017, Presidential Executive Order 13817, “A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals,” tasked the...
Executive Order to Reduce the Number of Federal Advisory Committees
On June 14, 2019, President Donald Trump issued Executive Order (E.O.) 13875, “Evaluating and Improving the Utility of Federal Advisory Committees.” The E.O. intends to evaluate, reduce, and limit the number of federal advisory committees (FACs) subject to the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix—Federal Advisory Committee Act; as amended), including statutory committees established by Congress. E.O. 13875 is similar to a previous E.O. issued by President William Clinton. Questions remain, however, about whether President Clinton’s E.O. was effective in reducing the...
Commemorative Days, Weeks, and Months: Background and Current Practice
Typically, each Congress, hundreds of legislative measures are introduced to recognize, support, honor, or acknowledge certain days, weeks, and months. Some scholars have observed that commemorative legislation has universal and patriotic appeal and also provides an opportunity to connect directly with constituents, which can help fulfill representational responsibilities to Members’ districts or states.
Often used to commemorate an individual, group, or event, these measures can be divided into three categories: (1) federal holidays; (2) patriotic and national observances; and (3)...
Biomass: Comparison of Definitions in Legislation
The use of biomass as an energy feedstock has regularly been presented as a potentially viable alternative to address U.S. energy security concerns, foreign oil dependence, and rural economic development, and as a tool to possibly help improve the environment (e.g., through greenhouse gas emission reduction). Biomass (organic matter that can be converted into energy) includes food crops, crops grown specifically to produce energy (e.g., switchgrass or prairie perennials), crop residues, wood waste and byproducts, and animal manure. Biomass may be used to produce heat, electricity, or...
House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020)
As agreed to in the House, H.Res. 6, a resolution adopting the rules of the House of Representatives, provided amendments to the rules, as well as separate orders, that affect floor procedure in the 116th Congress (2019-2010). These amendments changed procedures in the full House and in the Committee of the Whole.
The rules changes altered when a resolution that would cause a vacancy in the Office of Speaker would qualify as a question of privilege. Under a new provision to clause 2 of Rule IX, resolutions declaring a vacancy of the chair are not privileged unless they are offered by...
China’s Economic Rise: History, Trends, Challenges, and Implications for the United States
Prior to the initiation of economic reforms and trade liberalization nearly 40 years ago, China maintained policies that kept the economy very poor, stagnant, centrally controlled, vastly inefficient, and relatively isolated from the global economy. Since opening up to foreign trade and investment and implementing free-market reforms in 1979, China has been among the world’s fastest-growing economies, with real annual gross domestic product (GDP) growth averaging 9.5% through 2018, a pace described by the World Bank as “the fastest sustained expansion by a major economy in history.” Such...
Location of Medication-Assisted Treatment for Opioid Addiction: In Brief
The substantial burden of opioid abuse related to the current opioid epidemic in the United States has resulted in a disparity between the need for substance abuse treatment and the current capacity. Methadone and buprenorphine are two medications used in medication-assisted treatment (MAT) for opioid use disorder (OUD). Methadone and buprenorphine are both opioids; their use to treat opioid use disorders is often called opioid agonist treatment or therapy (OAT) or opioid agonist MAT. As controlled substances, methadone and buprenorphine are subject to additional regulations. Methadone may...
Cuba: Trump Administration Expands Sanctions
Since April 2019, the Trump Administration has imposed a series of increasingly strong economic sanctions against Cuba, effectively ending the previous policy of engagement begun by the Obama Administration in 2014 that had eased some sanctions and moved toward the normalization of relations. As a result, U.S. policy toward Cuba again is centered on economic pressure aimed at influencing the Cuban government’s behavior with regard to not only Cuba’s human rights record but also its support to the Venezuelan regime of Nicolás Maduro. Congress traditionally has played an important role in...
Trade Promotion Authority (TPA): Frequently Asked Questions
Legislation to reauthorize Trade Promotion Authority (TPA)—sometimes called “fast track”—the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015), was signed into law by former President Obama on June 29, 2015 (P.L. 114-26). If the President negotiates an international trade agreement that would reduce tariff or nontariff barriers to trade in ways that require changes in U.S. law, the United States can implement the agreement only through the enactment of legislation. If the trade agreement and the process of negotiating it meet certain requirements, TPA...
Health Care-Related Expiring Provisions of the 116th Congress, First Session
This report describes selected health care-related provisions that are scheduled to expire during the first session of the116th Congress (i.e., during calendar year [CY] 2019). For purposes of this report, expiring provisions are defined as portions of law that are time-limited and will lapse once a statutory deadline is reached absent further legislative action. The expiring provisions included in this report are those related to Medicare, Medicaid, State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities. The report also includes health...
Moldova’s Political Crisis Abates
On June 14, 2019, a political crisis in Moldova ended when leaders of the formerly ruling Democratic Party of Moldova (PDM) agreed to dissolve the outgoing government in favor of a new coalition. The coalition includes a reform-oriented, Western-leaning alliance, ACUM (or “Now”), and the socially conservative, Russian-leaning Party of Socialists, which placed first in Moldova’s February 2019 elections.
Moldova is one of three post-Soviet states that, together with Ukraine and Georgia, have sought greater integration with the West while coping with separatist territories occupied by...
Transformation at the U.S. Agency for International Development (USAID)
The U.S. Agency for International Development (USAID) has initiated a series of major internal reforms, branded as Transformation at USAID. The reforms are largely in response to Trump Administration directives aimed at making federal agencies more efficient, effective, and accountable. Most of the reforms proposed under this initiative do not involve statutory reorganization, but USAID Administrator Mark Green has sought congressional input as the reform process is developed and launched, especially in the area of changes to USAID organizational structure. Congress has the power to shape...
Fiscal Policy Considerations for the Next Recession
Although the United States is currently experiencing its longest economic expansion, history has shown that economic expansions inevitably give way to economic slowdowns. If the next slowdown is significant, the economy could enter a recession, which is typically characterized by falling output and rising unemployment. Short-term forecasts are predicting continued economic expansion, but predicting when the economy may transition from expansion to recession is notoriously difficult, as the ebb and flow of the economy is determined by many different factors, including a number that lie...
Land and Water Conservation Fund: Overview, Funding History, and Issues
The Land and Water Conservation Fund (LWCF) Act of 1965 was enacted to help preserve, develop, and ensure access to outdoor recreation facilities to strengthen the health of U.S. citizens. The law created the Land and Water Conservation Fund in the U.S. Treasury as a funding source to implement its outdoor recreation goals.
The LWCF has been used for three general purposes. First, it has been the principal source of monies for land acquisition for outdoor recreation by four federal agencies—the Forest Service, National Park Service, Fish and Wildlife Service, and Bureau of Land Management....
Exceptions to the Budget Control Act’s Discretionary Spending Limits
The Budget Control Act of 2011 (BCA; P.L. 112-25) established statutory limits on discretionary spending for FY2012-FY2021. There are currently separate annual limits for defense discretionary and nondefense discretionary spending.
The law specifies that spending for certain activities, such as responding to a national emergency or fighting terrorism, will receive special budgetary treatment. This spending is most easily thought of as being exempt from the spending limits. Formally, however, the BCA states that the enactment of such spending allows for a subsequent upward adjustment of...
New Limitations on Federal Research Using Human Fetal Tissue
On June 5, the Department of Health and Human Services (HHS) announced—following an audit and review of all HHS research involving the use of human fetal tissue from elective abortions—that the Administration has decided to discontinue intramural research (i.e., internal) projects involving fetal tissue from elective abortions at the National Institutes of Health (NIH), and will add additional ethics review for new extramural research (i.e., external) involving such tissue. In general, about 10% of NIH funding goes to intramural researchers at NIH-operated facilities and over 80% of NIH...
Livestock Mandatory Reporting Act: Overview for Reauthorization in the 116th Congress
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) collects livestock and meat price data and related market information from meat packers under the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. §1621 et seq.). This information was collected on a voluntary basis until 2001, when most of it became mandatory. As the livestock industry became increasingly concentrated in the 1990s, fewer animals were sold through negotiated (cash or “spot”) purchases and with increasing frequency were sold under alternative marketing arrangements that were not...
U.S. Trade Friction with China Intensifies
Commercial relations between the United States and China are experiencing an increasing level of tension and uncertainty. In August 2017, the Trump Administration launched a Section 301 investigation of Chinese policies relating to technology transfer, intellectual property, and innovation policies deemed harmful to U.S. economic interests. In March 2018, the Administration announced it would take specified action against China in response to such policies, including increased tariffs. The Administration subsequently raised tariffs on three tranches of import products from China, (with...
The Earned Income Tax Credit (EITC) for Childless Workers
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers. Because the credit is refundable, a worker need not owe federal income taxes to benefit from it. The EITC is the nation’s largest cash anti-poverty program, with a tax year 2016 (returns filed in 2017) total of $66.7 billion claimed on 27.4 million tax returns. Most of the claimed EITC dollars—$64.7 billion, or 97% of total EITC dollars—were for taxpayers with children compared to $2.1 billion in claimed EITC for taxpayers with no qualifying children.
EITC Rules for Childless Workers Compared...
U.S. Farm Program Eligibility and Payment Limits Under the 2018 Farm Bill (P.L. 115-334)
Under the Agricultural Improvement Act of 2018 (P.L. 115-334; 2018 farm bill), U.S. farm program participants—whether individuals or multiperson legal entities—must meet specific eligibility requirements to receive benefits under certain farm programs. Some requirements are common across most programs, while others are specific to individual programs. In addition, program participants are subject to annual payment limits that vary across different combinations of farm programs. Federal farm support programs and risk management programs, along with their current eligibility requirements and...
FY2020 Agriculture Appropriations: H.R. 3164
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and in even-numbered fiscal years the Commodity Futures Trading Commission (CFTC). (In the House, but not the Senate, appropriations jurisdiction for CFTC rests with the Appropriations Subcommittee on Agriculture.)
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development. The largest discretionary spending items are the...
The U.S.-Japan alliance has long been an anchor of the U.S. security role in Asia and arguably a contributor to peace and prosperity in the region. Forged during the U.S. occupation of Japan after its defeat in World War II, the alliance provides a platform for U.S. military readiness in the Pacific. About 54,000 U.S. troops are stationed in Japan and have the exclusive use of 85 facilities. In exchange for the use of these bases, the United States guarantees Japan’s security.
Since the early 2000s, the United States and Japan have improved the operational capability of the alliance as a...
Kazakhstan’s Snap Presidential Election Met with Protests
Overview
Kazakhstan, an important U.S. partner in areas such as nuclear nonproliferation and counterterrorism, has embarked on an unprecedented process of political transition. On March 19, 2019, Nursultan Nazarbayev announced his resignation as president after almost 30 years in office. A former Soviet official, Nazarbayev became Kazakhstan’s first elected president in 1991. He was subsequently reelected four times, most recently in 2015, although none of these elections were deemed free and fair by international observers. His authoritarian government faced criticism for human rights...
The Rebuild America’s Schools Act of 2019 (H.R. 865/S. 266): In Brief
A 2014 study conducted by the National Center for Education Statistics within the U.S. Department of Education (ED) found that 53% of public elementary and secondary schools need to spend money on repairs, renovations, and modernizations to put their onsite buildings in good overall condition. The study estimated that the nationwide spending necessary to reach this standard would be approximately $197 billion, or about $4.5 million per school that needs improvements. This report provides a description of and background for selected provisions in the Rebuild America’s Schools Act of 2019...
Keystone XL Pipeline: The Saga Continues
On March 29, 2019, President Trump issued a new Presidential Permit for the proposed Keystone XL Pipeline, superseding the prior Presidential Permit issued by the U.S. State Department in 2017. By issuing the new permit personally, rather than delegating his permit authority as before, the President pursued a new approach to advance the pipeline project in the face of ongoing legal challenges. The pipeline’s developer, TC Energy (previously named TransCanada), has not yet made major capital commitments to the project as it evaluates changing oil market conditions and seeks “a clear path to...
Funding in annual appropriations acts is for a designated fiscal year unless otherwise specified. Federal agencies that receive funds in those acts may obligate the funds during a period that starts at the beginning of that fiscal year, except where funds are made available for obligation over a different time period (such as one that begins after the start of the fiscal year). Three types of alternate periods are discussed in this report: “advance appropriations,” “forward funding,” and “advance funding.”
Advance appropriations become available for obligation one or more fiscal years...
The Economic Effects of the 2017 Tax Revision: Preliminary Observations
The 2017 tax revision, P.L. 115-97, often referred to as the Tax Cuts and Jobs Act, and referred to subsequently as the Act, substantially revised the U.S. tax system. The Act permanently reduced the corporate tax rate to 21%, made a number of revisions in business tax deductions (including limits on interest deductions), and provided a major revision in the international tax rules. It also substantially revised individual income taxes, including an increase in the standard deduction and child credit largely offset by eliminating personal exemptions, along with rate cuts, limits on...
Congressional Roll Call Votes on the Keystone XL Pipeline
TransCanada’s proposed Keystone XL Pipeline would transport oil sands crude from Canada and shale oil produced in North Dakota and Montana to a market hub in Nebraska for further delivery to Gulf Coast refineries. The pipeline would consist of 880 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day.
The Congressional Research Service (CRS) receives frequent requests for congressional votes taken on Keystone XL Pipeline legislation. This report provides roll call vote data on Keystone XL Pipeline legislation identified by CRS using CQ.com’s Roll Call Vote Report...
Biologics and Biosimilars: Background and Key Issues
A biological product, or biologic, is a preparation, such as a drug or a vaccine, that is made from living organisms. Compared with conventional chemical drugs, biologics are relatively large and complex molecules. They may be composed of proteins (and/or their constituent amino acids), carbohydrates (such as sugars), nucleic acids (such as DNA), or combinations of these substances. Biologics may also be cells or tissues used in transplantation.
A biosimilar, sometimes referred to as a follow-on biologic, is a therapeutic drug that is highly similar but not structurally identical, to a...
President Trump’s Possible Tariffs on Mexican Goods: Potential Economic Effects
On May 30, 2019, President Trump issued a statement that he would be invoking authorities granted to him by the International Emergency Economic Powers Act (IEEPA) “to address the emergency” involving illegal immigration at the U.S.-Mexico border by imposing tariffs on all goods from Mexico beginning on June 10, 2019. The President stated that the tariffs would be removed as soon as “the illegal migration crisis is alleviated” through Mexican action. Mexican officials and numerous Members of Congress are reportedly meeting with the Trump Administration to resolve the issue. Mexico’s...
Under Article 1, Section 8 of the U.S. Constitution, Congress has the authority to raise and support armies; provide and maintain a navy; and provide for organizing, disciplining, and regulating them. Congress has used this authority to establish criteria and standards for individuals to be recruited, to advance through promotion, and to be separated or retired from military service. Throughout the history of the armed services, Congress has established some of these criteria based on demographic characteristics such as race, sex, and sexual orientation. In the past few decades there have...
The 2019 European Parliament Elections
Between May 23 and 26, 2019, the 28 member states of the European Union (EU) held elections for the 751 members of the next European Parliament (EP). The only directly elected EU institution, the EP represents the bloc’s roughly 513 million citizens. The EP has accumulated more power over time within the EU, and through such entities as the Transatlantic Legislators’ Dialogue, Congress is likely to engage the EP, including on certain aspects of U.S.-EU relations. Some analysts suggest that gains for parties considered “euroskeptic”—that is, critical of the EU or anti-EU to varying...
Measles Outbreaks, Vaccine Hesitancy, and Federal Policy Options
As of May 31, 2019, 981 cases of measles across 26 U.S. states have been reported to the Centers for Disease Control and Prevention (CDC)—the highest annual number of measles cases since 1992 (with no deaths reported). Figure 1 shows annual measles cases in the past 10 years.
Measles is a highly contagious viral illness that can lead to pneumonia, encephalitis (infection of the brain), and, rarely, death. Certain groups are at greater risk for complications (e.g., children under 5 and adults over 20 years of age). No specific treatment exists, but it can be prevented with a...
At 120 months in June, the current economic expansion is now tied with the longest in U.S. history. As can be seen in Figure 1, previous expansions vary greatly in length but have recently been longer. Dating back to the 1850s, only five have lasted over five years, including the last three.
This expansion, like all previous ones, will eventually end and be followed by a recession. Few economists are forecasting a recession in 2019, but recessions are notoriously hard to predict even a few months beforehand. For background, see CRS In Focus IF10411, Introduction to U.S. Economy: The...
Vehicle Electrification: Federal and State Issues Affecting Deployment
Most of the 270 million cars, trucks, and buses on U.S. highways are powered by internal combustion engines using gasoline or diesel fuel. However, improvements in technology have led to the emergence of vehicle electrification as a potentially viable alternative to internal combustion engines. Several bills pending in the 116th Congress address issues and incentives related to electric vehicles and charging infrastructure.
Experience with fully electric vehicles is relatively recent: While a few experimental vehicles were marketed in the United States in the 1990s, the first contemporary...
War Legacy Issues in Southeast Asia: Unexploded Ordnance (UXO)
More than 40 years after the end of the Vietnam War, unexploded ordnance (UXO) from numerous conflicts, but primarily dropped by U.S. forces over Cambodia, Laos, and Vietnam during the Vietnam War, continues to cause casualties in those countries. Over the past 25 years, the United States has provided a total of over $400 million in assistance for UXO clearance and related activities in those three countries through the Department of Defense (DOD), Department of State (DOS), and United States Agency for International Development (USAID), as well as funding for treatment of victims through...
Programs Available to Unemployed Workers Through the American Job Center Network
Many federally funded programs that assist unemployed workers are co-located and coordinated through state and locally run American Job Centers (AJCs; also known as One-Stop Career Centers). The specific set of benefits and services available to a worker through the AJC network varies by the worker’s characteristics and reason for unemployment.
Unemployment insurance (UI) is a federal-state system and mandatory AJC partner. UI benefits are available to workers who have involuntarily lost their jobs and have demonstrated a required level of labor force attachment. UI provides weekly cash...
New Round of Farm Trade Aid Proposed by Administration for 2019
On May 23, 2019, the U.S. Department of Agriculture (USDA) announced that it will take several actions in 2019 to assist farmers in response to continued economic damage from trade retaliation and trade disruption in international agricultural markets. These actions are to include a new trade aid package for the U.S. farm sector valued at up to $16 billion.
Building on the 2018 Trade Aid Package
USDA implemented a similar trade aid package in 2018, also in response to trade retaliation against U.S. agricultural products. Secretary of Agriculture Sonny Perdue used authority under the...
Overview
On May 24, 2019, the Trump Administration formally notified Congress of immediate foreign military sales and direct commercial sales of training, equipment, and weapons with a possible value of more than $8 billion, including sales of precision guided munitions (PGMs) to Saudi Arabia and the United Arab Emirates (UAE), and the gift transfer of PGMs by the UAE to Jordan. Other notified sales include, among others: F-15 Engines and Support for Saudi Arabia and AH-64 equipment, Javelin Anti-Tank Missiles, and Patriot Guidance Enhanced Missiles for the UAE.
In making the...
Technological Convergence: Regulatory, Digital Privacy, and Data Security Issues
Technological convergence, in general, refers to the trend or phenomenon where two or more independent technologies integrate and form a new outcome. One example is the smartphone. A smartphone integrated several independent technologies—such as telephone, computer, camera, music player, television (TV), and geolocating and navigation tool—into a single device. The smartphone has become its own, identifiable category of technology, establishing a $350 billion industry.
Of the three closely associated convergences—technological convergence, media convergence, and network...
Youth Transitioning from Foster Care: Background and Federal Programs
While many young people have access to emotional and financial support systems throughout their early adult years, older youth in foster care and those who are emancipated from care often lack such security. This can be an obstacle for them in developing independent living skills and building supports that might ease their transition to adulthood. Older foster youth who return to their parents or guardians may continue to experience poor family dynamics or lack supports, and studies have shown that recently emancipated foster youth fare poorly relative to their counterparts in the general...
The Jobs Report
The Bureau of Labor Statistics’ (BLS’s) monthly Employment Situation Summary—more commonly known as the jobs report—can from time to time report seemingly contradictory figures. For example, the jobs report for April 2019 reports that the unemployment rate decreased from 3.8% to 3.6%, while the employment level fell by 103,000 people. The April jobs report also includes an alternative measure of employment in which employment rose by 263,000 individuals. How can these seemingly contradictory figures be reported side by side? The explanation lies in two quirks in the jobs...
National Volcano Early Warning and Monitoring System Enacted in the 116th Congress
Priority Volcanoes in the United States
In 2018, the U.S. Geological Survey (USGS, a bureau within the Department of the Interior) published a volcanic threat assessment that assigned five threat levels (very high, high, moderate, low, and very low) to 161 volcanoes in 14 states and U.S. territories (Figure 1). The assessment ranked 18 volcanoes as very high and 39 as high. Eleven of the 18 very-high-threat volcanoes are in Washington, Oregon, or California; five are in Alaska; and two are in Hawaii. The study notes that the high- and moderate-threat volcanoes are mostly in Alaska and that...
The Financial Services and General Government (FSGG) appropriations bill includes funding for more than two dozen independent agencies. Among them are the Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration (GSA), National Archives and Records Administration (NARA), Office of Personnel Management (OPM), Privacy and Civil Liberties Oversight Board (PCLOB), Securities and Exchange...
USDA Domestic Food Assistance Programs: FY2019 Appropriations
The Consolidated Appropriations Act, 2019 (P.L. 116-6) was enacted on February 15, 2019. This omnibus bill included appropriations for the U.S. Department of Agriculture (USDA), of which USDA’s domestic food assistance programs are a part. Prior to its enactment, the federal government had continued to operate for the first six months of the fiscal year under continuing resolutions (CRs). This report focuses on the enacted appropriations for USDA’s domestic food assistance programs and, in some instances, policy changes provided by the omnibus law. CRS Report R45230, Agriculture and...
Education Policy: Resources for Congressional Staff
Education; elementary education; elementary and secondary education; higher education; postsecondary education; Department of Education; education budget; education appropriations; education resources; education statistics; federal education policy; Senate Committee on Health, Education, Labor, and Pensions; House Committee on Education and Labor; education spending; early childhood education; Head Start; IDEA; Individuals with Disabilities Education; Preschool Development Grants; student financial assistance; higher education tax benefits; GI Bill; federal support for institutions of...
USMCA and Mexico’s New Labor Law
The 116th Congress faces policy issues related to labor under the proposed U.S.-Mexico-Canada Agreement (USMCA) (see CRS Report R44981, NAFTA Renegotiation and the Proposed United States-Mexico-Canada Agreement (USMCA)). On May 1, 2019, Mexican President Andrés Manual López Obrador signed into law a labor reform bill aimed at enhancing Mexican worker rights by ensuring that workers can vote for their union representatives by secret ballot, establishing the right of workers to join the union of their choice and establishing independent labor courts to resolve disputes and register...
The Constitution requires that the House and Senate approve the same bill or joint resolution in precisely the same form before it is presented to the President for his signature or veto. To this end, both houses must pass the same measure and then attempt to reach agreement about its provisions.
The House and Senate may be able to reach agreement by an exchange of amendments between the houses. Each house has one opportunity to amend the amendments from the other house, so there can be Senate amendments to House amendments to Senate amendments to a House bill. House amendments to Senate...
Federal Grants to State and Local Governments: A Historical Perspective on Contemporary Issues
The federal government is expected to provide state and local governments about $750 billion in federal grants in FY2019, funding a wide range of public policies, such as health care, transportation, income security, education, job training, social services, community development, and environmental protection. Federal grants account for about one-third of total state government funding, and more than half of state government funding for health care and public assistance.
Congressional interest in federal grants to state and local governments has always been high given the central role...
OMB Issues New CRA Guidance, Potentially Changing Relationship with Independent Agencies
On April 11, 2019, the acting director of the Office of Management and Budget (OMB) issued a memorandum to agencies on implementation of the Congressional Review Act (CRA). The memorandum discussed the types of agency actions covered by the CRA and, for some agencies, established a new process for determining whether rules are “major” under the CRA.
The most noteworthy effects of the memorandum are its apparent changes to rulemaking procedures for statutorily designated independent regulatory agencies, sometimes also referred to as independent regulatory commissions(IRCs). Depending on how...
Farm Commodity Provisions in the 2018 Farm Bill (P.L. 115-334)
The farm commodity program provisions in Title I of the Agricultural Improvement Act of 2018 (P.L. 115-334; the 2018 farm bill) include revenue support programs for major program crops and permanent agricultural disaster assistance programs for producers of most tree crops and livestock. Aside from dairy and sugar, which have their own specific programs, most grain and oilseed crops produced in the United States are eligible for two tiers of revenue support under Title I of the 2018 farm bill—specialty crops such as fruits, vegetables, and tree nuts are not covered. The first tier of...
House Rules Changes Affecting Committee Procedure in the 116th Congress (2019-2020)
As agreed to in the House, H.Res. 6, a resolution adopting the rules of the House of Representatives, provided amendments to the rules, as well as separate orders, that affect committee procedure in the 116th Congress (2019-2020). Several of these changes apply to general committee procedure, while others concern specific committees, such as modifications to the names, jurisdiction, or procedures of certain House committees. The rules package also established, during the 116th Congress, two new select committees.
H.Res. 6 made several changes to committee membership and organization. Most...
Combating Corruption in Latin America: Congressional Considerations
Corruption of public officials in Latin America continues to be a prominent political concern. In the past few years, 11 presidents and former presidents in Latin America have been forced from office, jailed, or are under investigation for corruption. As in previous years, Transparency International’s Corruption Perceptions Index covering 2018 found that the majority of respondents in several Latin American nations believed that corruption was increasing. Several analysts have suggested that heightened awareness of corruption in Latin America may be due to several possible factors: the...
Prisoners’ Eligibility for Pell Grants: Issues for Congress
In 1994, Congress passed and President Clinton signed the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322), which, among other things, made prisoners ineligible for Pell Grants. However, concerns about the financial and social costs of the growing prison population combined with concerns about the recidivism rate of released prisoners have led some policymakers to reconsider whether prisoners should be allowed to use Pell Grants to help cover the cost of postsecondary coursework. Pell Grants are intended to assist in making the benefits of postsecondary education...
Major Agricultural Trade Issues in the 116th Congress
Sales of U.S. agricultural products to foreign markets absorb about one-fifth of U.S. agricultural production, thus contributing significantly to the health of the farm economy. Farm product exports, which totaled $143 billion in FY2018 (see chart below), make up about 9% of total U.S. exports and contribute positively to the U.S. balance of trade. The economic benefits of agricultural exports also extend across rural communities, while overseas farm sales help to buoy a wide array of industries linked to agriculture, including transportation, processing, and farm input suppliers.
U.S....
The Highway Funding Formula: History and Current Status
More than 90% of federal highway assistance is distributed to the states by formula. Between 1916, when Congress created the first ongoing program to fund road construction, and 2012, various formula factors specified in law were used to apportion highway funds among the states. After 1982, these factors were partially overridden by provisions to guarantee that each state received federal funding at least equal to a specific percentage of the federal highway taxes its residents paid.
Since enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141) in 2012,...
Health Policy: Resources for Congressional Staff
KEYWORDS: Health policy, health insurance, public health, medical research, health workforce, health spending, health expenditures, Medicare, Medicaid, CHIP, SCHIP, state children’s health insurance program, children’s health insurance program.
Federal Preemption in the Dual Banking System: An Overview and Issues for the 116th Congress
Banks play a critical role in the United States economy, channeling money from savers to borrowers and facilitating productive investment. While the nature of lawmakers’ interest in bank regulation has shifted over time, most bank regulations fall into one of three general categories. First, banks must abide by a variety of safety-and-soundness requirements designed to minimize the risk of their failure and maintain macroeconomic stability. Second, banks must comply with consumer protection rules intended to deter abusive practices and provide consumers with complete information about...
Unreimbursed Employee Job Expenses and the Suspension of the Miscellaneous Itemized Deduction
Before the 2018 tax year, employees who incurred certain unreimbursed job-related expenses were allowed to claim a deduction for the amount of those expenses above 2% of a taxpayer’s adjusted gross income (AGI), under Sections 62 and 67 of the federal tax code. (The deduction also applied to certain costs related to the production or collection of income, and to the management, conservation, or maintenance of property held for producing such income, but they are not addressed here.) Guidance issued by the Internal Revenue Service (IRS) for this itemized miscellaneous deduction identified...
Military Sexual Assault: Chronology of Activity in the 113th-114th Congresses and Related Resources
This report focuses on previous activity in Congress regarding high profile incidents of sexual assault in the military during the summer 2013 through 2016. Included are separate sections on the official responses related to these incidents by the Department of Defense (DOD), the Obama Administration, and Congress including legislation during the 113th (2013-2014) Congress and 114th Congress (2015-2016). The last section is a resource guide for sources in this report and related materials on sexual assault and prevention during this period. This report will not be updated and supersedes...
Military Personnel and Extremism: Law, Policy, and Considerations for Congress
While concern about the confluence of Islamist extremist movements and U.S. military personnel rose following the 2009 attack by an Army officer at Fort Hood, Texas, recent events have raised concerns about the potential for violence from other domestic extremist groups. In February 2019, a Coast Guard lieutenant stationed in Washington, DC, was detained on evidence that he was stockpiling weapons and planning attacks on several high-profile individuals and organizations. Court documents indicated that this individual had sought and espoused white supremacist ideologies. Studies by the...
The Antiquities Act: History, Current Litigation, and Considerations for the 116th Congress
Summary
The Antiquities Act authorizes the President to declare, by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest situated on federal lands as national monuments. The act also authorizes the President to reserve parcels of land surrounding the objects of historic or scientific interest, but requires that the amount of land reserved be confined to the smallest area compatible with the proper care and management of the objects to be protected. Since its enactment in 1906, Presidents have used the Antiquities...
Calendars of the House of Representatives
In the House of Representatives, the term calendar has two related meanings. This report, one of series of reports on legislative process, explains calendars and their use in the House of Representatives.
First, calendar refers to five lists of measures and motions that are (or will soon become) eligible for consideration on the House floor. When a House committee reports a measure, it is placed on the Union, House, or Private Calendars. Unreported measures may be placed on the Consensus Calendar if they are cosponsored by at least 290 Members. The signature of 218 Members on a discharge...
From its inception, the United States Intelligence Community (IC) has relied on close relations with foreign partners. These relationships often reflect mutual security interests and the trust each side has of the other’s credibility and professionalism. They are generally strategic and cover a range of national security priorities involving national defense, emerging threats, counterterrorism, counter-proliferation, treaty compliance, cybersecurity, economic and financial security, counter-narcotics, and piracy.
U.S. intelligence relations with foreign counterparts offer a number of...
U.S. Airborne Electronic Attack Programs: Background and Issues for Congress
U.S. airborne electronic warfare (EW) programs involve developing and procuring EW aircraft and EW systems that are mounted on U.S. aircraft. The President’s FY2020 budget request for the Department of Defense (DOD) proposes funding for a number of airborne EW programs.
The Role of Airborne EW in Modern Warfare
EW is a component of modern warfare, particularly in response to threats posed by potential adversaries such as Russia or China. EW refers to operations that use the electromagnetic spectrum (i.e., the “airwaves”) to detect, listen to, jam, and deceive (or “spoof”) enemy radars,...
Land and Water Conservation Fund: Appropriations for “Other Purposes”
The Land and Water Conservation Fund (LWCF) Act of 1965 (P.L. 88-578) created the LWCF in the Treasury as a funding source to implement the outdoor recreation goals set out by the act. The LWCF Act authorizes the fund to receive $900 million annually, with the monies available only if appropriated by Congress (i.e., discretionary appropriations). The fund also receives mandatory appropriations under the Gulf of Mexico Energy Security Act of 2006 (GOMESA). The level of annual appropriations for the LWCF has varied since the origin of the fund in FY1965.
The LWCF Act outlines uses of the...
Marijuana Use and Highway Safety
A growing number of Americans report that they use marijuana. Most states now allow the use of marijuana for treatment of medical conditions. Ten states and the District of Columbia, representing a quarter of the U.S. population, have decriminalized the recreational use of marijuana, and other states are considering following suit.
As the opportunity for legal use of marijuana grows, there is concern about the impact of marijuana usage on highway safety. In a 2018 survey, the majority of state highway safety officers considered drugged driving an issue at least as important as driving...
Overview
U.S.-Iran tensions have escalated in recent weeks as the Trump Administration has taken several additional steps to implement its “maximum pressure” campaign on Iran’s economy and government, and Iranian leaders have announced responses. U.S. steps have included designating Iran’s Islamic Revolutionary Guard Corps (IRGC) as a terrorist organization, ending exceptions for Iran’s oil customers to buy Iranian oil without U.S. penalty, ending sanctions waivers for some assistance to Iran’s nuclear program, and imposing new sanctions on transactions in some Iranian commodities. Iran’s...
The Community Health Center Fund: In Brief
The Health Center Program, which is administered by the Health Resources and Services Administration within the Department of Health and Human Services, awards grants to outpatient health care facilities that provide care to medically underserved populations. The program’s annual funding has more than tripled, from $1.3 billion to $5.5 billion between FY2002 and FY2019, which has, in turn, increased the number of centers operating, the number of patients they see, and the volume and type of services available.
The program’s funding increase occurred partially because of the Community...
The Potential Decline of Cash Usage and Related Implications
Electronic forms of payment have become increasingly available, convenient, and cost efficient due to technological advances in digitization and data processing. Anecdotal reporting and certain analyses suggest that businesses and consumers are increasingly eschewing cash payments in favor of electronic payment methods. Such trends have led analysts and policymakers to examine the possibility that the use and acceptance of cash will significantly decline in coming years and to consider the effects of such an evolution.
Cash is still a common and widely accepted payment system in the United...
FY2018 and FY2019 Appropriations for Agricultural Conservation
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. The FY2018 Consolidated Appropriations Act (P.L. 115-141, Division A), and the FY2019 Consolidated Appropriations Act (P.L. 116-6, Division B) include funding for conservation programs and activities at USDA.
Congress passed the FY2018 Consolidated Appropriations Act on March 23, 2018. FY2019 began with seven appropriations bills, including USDA, unfinished. The House and Senate Appropriations Committees reported Agriculture appropriations bills for FY2019 (H.R. 5961, S....
DOD’s Proposal to Reduce Military Medical End Strength
In accordance with 10 U.S.C. §115, Congress annually authorizes the end strength for active duty and reserve component personnel. End strength is the maximum number of personnel permitted in each military service (e.g., Army, Marine Corps, Navy, Air Force) as of September 30, the last day of the fiscal year. For fiscal year (FY) 2019, Congress authorized a total end strength of 1,338,100 active duty personnel and 824,700 reserve component personnel, including subtotals by force. Each military service then decides how to organize, train, and equip the people who compose its authorized end...
Cyclones Idai and Kenneth in Southeastern Africa: Humanitarian and Recovery Response in Brief
Cyclone Idai, a large and powerful Category 2 tropical storm, came ashore on March 14, 2019, at Beira, a low-lying port city in central Mozambique, causing widespread devastation in southeastern Africa. On April 25, a second strong storm, Cyclone Kenneth, came ashore just north of the coastal town of Pemba in northern Mozambique. A Category 4 storm, Cyclone Kenneth featured even stronger winds than Cyclone Idai, as well as torrential rains, although it affected an area with a smaller population.
The Cyclone Idai system dumped torrents of rain over large parts of Mozambique, Malawi,...
FY2018 and FY2019 Agriculture Appropriations: International Food Aid
The Agriculture appropriations bill—formally known as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act—funds the U.S. Department of Agriculture (USDA) except for the Forest Service. This includes funding for certain U.S. international food aid programs.
In March 2018, President Trump signed the Consolidated Appropriations Act, 2018 (P.L. 115-141), an omnibus appropriations act for FY2018, into law. In February 2019, President Trump signed the Consolidated Appropriations Act, 2019 (P.L. 116-6), an omnibus appropriations act for...
Agriculture and Related Agencies: FY2019 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development. The largest discretionary spending items are the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); agricultural research; rural development; FDA; foreign...
Financial Services and General Government (FSGG) FY2019 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodity Futures Trading Commission (CFTC) is usually funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate.
President Trump submitted his FY2019 budget request on February 12, 2018. The request included a total of...
Enhanced Prudential Regulation of Large Banks
The 2007-2009 financial crisis highlighted the problem of “too big to fail” financial institutions—the concept that the failure of large financial firms could trigger financial instability, which in several cases prompted extraordinary federal assistance to prevent their failure. One pillar of the 2010 Dodd-Frank Act’s (P.L. 111-203) response to addressing financial stability and ending too big to fail is a new enhanced prudential regulatory (EPR) regime that applies to large banks and to nonbank financial institutions designated by the Financial Stability Oversight Council (FSOC) as...
Terrorism, Violent Extremism, and the Internet: Free Speech Considerations
Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. Proposals related to government action of this nature raise significant free speech questions, including (1) the reach of the First Amendment’s protections when it comes to foreign nationals posting online content from abroad; (2) the scope of...
“Sanctuary” Jurisdictions: Federal, State, and Local Policies and Related Litigation
There is no official or agreed-upon definition of what constitutes a “sanctuary” jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. But traditional sanctuary policies are often described as falling under one of three...
Federally Supported Water Supply and Wastewater Treatment Programs
For more than four decades, Congress has authorized and refined several programs to help communities address water supply and wastewater problems. The agencies that administer these programs differ in multiple ways. In terms of funding mechanisms, projects developed by the Bureau of Reclamation (Reclamation) and the U.S. Army Corps of Engineers (USACE) typically require direct, individual project authorizations from Congress.
In contrast, standing program authorizations provide project funding for other agencies, including
the Department of Agriculture (USDA),
the U.S. Environmental...
The Low Income Home Energy Assistance Program (LIHEAP) provides funds to states, the District of Columbia, U.S. territories and commonwealths, and Indian tribal organizations (collectively referred to as grantees) primarily to help low-income households pay home energy expenses. The LIHEAP statute provides for two types of funding: regular funds (sometimes referred to as block grant funds) and emergency contingency funds. Regular funds are allocated to grantees based on a formula, while emergency contingency funds may be released to one or more grantees at the discretion of the Secretary...
Cybersecurity: Legislation and Hearings, 115th-116th Congresses
Most major cybersecurity legislative provisions were enacted prior to 2002, despite many recommendations having been made over the past decade. More recently, in the 115th and 116th Congresses, cybersecurity legislation has received either committee or floor action or final passage, and both chambers have held multiple hearings.
In the 116th Congress, a number of House and Senate bills have received consideration, and hearings have been held by committees in each chamber.
In the 115th Congress, 31 bills received some type of action (committee consideration or passage by one or both...
Many U.S. officials and Members of Congress consider Spain to be an important U.S. ally and one of the closest U.S. partners in Europe. Spain’s April 2019 election returned a fragmented result, but most seated parties favor the continuation of close U.S.-Spain relations.
Socialist Party Wins, But No Majority
The center-left Socialist Workers’ Party (PSOE), led by incumbent Prime Minister Pedro Sánchez, came in first place in Spain’s general election held on April 28, 2019. The PSOE won 123 out of the 350 seats in Spain’s Congress of Deputies (lower house of parliament), with nearly 29% of...
Social Security: The Trust Funds and Alternative Investments
The Old-Age, Survivors, and Disability Insurance (OASDI) program provides monthly benefits to retired or disabled workers and their family members and to the family members of deceased workers. These monthly benefits constitute a substantial portion of income for a large segment of recipients.
The OASDI program is financed primarily by payroll taxes on covered earnings up to an annual limit, as well as federal income taxes paid by some beneficiaries on a portion of their OASDI benefits. OASDI program revenues are invested in federal government securities held by the Federal Old-Age...
Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program
The Water Infrastructure Finance and Innovation Act (WIFIA) program provides financial assistance for water infrastructure projects, including projects to build and upgrade wastewater and drinking water treatment systems. Congress established the WIFIA program in the Water Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121).
The WIFIA concept is modeled after a similar program that finances transportation projects, the Transportation Infrastructure Finance and Innovation Act (TIFIA) program. Proponents of the WIFIA approach, including water utility organizations, cite...
Administration Proposal to Reorganize the U.S. Office of Personnel Management (OPM)
The U.S Office of Personnel Management (OPM), the federal government’s central personnel agency, is an independent establishment in the executive branch. Created by the Civil Service Reform Act of 1978, the agency’s statutory authority is codified in 5 U.S.C. Chapter 11. In June 2018, President Donald Trump issued reorganization recommendations that included a proposal to transfer several OPM functions to the Executive Office of the President (EOP) and the General Services Administration (GSA). The President’s FY2020 budget restated the reorganization proposal, including that the entire...
Introduction
On April 30th, the 85-year-old Japanese Emperor, Akihito, is to abdicate after 30 years on the Chrysanthemum throne, becoming the first to do so in over 200 years. The following day his eldest son, Naruhito, is to become the 126th Emperor of Japan. Japanese imperial successions are regarded as times of societal transition and therefore an important political moment. Japan will look to mark the occasion with friends and allies, including at an enthronement ceremony in October to which foreign delegations may be invited. Japanese Prime Minister Shinzo Abe invited President...
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
In response to concerns over the adequacy of firefighter staffing, the Staffing for Adequate Fire and Emergency Response Act, known as the SAFER Act, was enacted by the 108th Congress as Section 1057 of the FY2004 National Defense Authorization Act (P.L. 108-136). The SAFER Act authorizes grants to career, volunteer, and combination local fire departments for the purpose of increasing the number of firefighters to help communities meet industry-minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards. Also authorized are grants to...
Base Closure and Realignment (BRAC): Background and Issues for Congress
Since 1977, statutory thresholds have effectively constrained the President’s ability to close or realign major military installations in the United States. Congress has instead periodically granted temporary authorities—known as a Base Realignment and Closure (BRAC)—that have established independent commissions for the review and approval of basing changes submitted by the Secretary of Defense. These unique and transient authorities last expired on April 16, 2006. There have been five rounds of base closures: 1988, 1991, 1993, 1995, and 2005.
Though Congress has periodically adjusted the...
Assistance to Firefighters Program: Distribution of Fire Grant Funding
The Assistance to Firefighters Grant (AFG) Program, also known as fire grants or the FIRE Act grant program, was established by Title XVII of the FY2001 National Defense Authorization Act (P.L. 106-398). Currently administered by the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), the program provides federal grants directly to local fire departments and unaffiliated Emergency Medical Services (EMS) organizations to help address a variety of equipment, training, and other firefighter-related and EMS needs. AFG also supports fire prevention projects and...
Selected Homeland Security Issues in the 116th Congress: CRS Experts
In 2001, in the wake of the terrorist attacks of September 11, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to one broadly discussed among policymakers, including a broad swath of those in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296), the establishment of the Department of Homeland Security (DHS), and extensive legislative activity in the ensuing years.
Initially, homeland security was largely seen as...
United States Fire Administration: An Overview
The United States Fire Administration (USFA)—which includes the National Fire Academy (NFA)—is currently housed within the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS). The objective of the USFA is to significantly reduce the nation’s loss of life from fire, while also achieving a reduction in property loss and nonfatal injury due to fire.
The Consolidated Appropriations Act, 2019 (P.L. 116-6) provided $45.679 million for USFA, including $1.5 million in the FEMA Procurement, Construction, and Improvements account for the National Emergency...
Ukraine Elects a New President
On April 21, 2019, Ukraine held the second round of its first presidential election since 2014, the year Russia occupied Ukraine’s Crimea region and fostered a separatist conflict in eastern Ukraine. Popular actor-comedian and political novice Volodymyr Zelensky won an overwhelming victory. He defeated incumbent President Petro Poroshenko 73% to 24%. Observers considered the election to be largely free and fair.
The election outcome suggests that Ukraine’s population is highly dissatisfied with politics as usual. Zelensky, 41, ran as an outsider ostensibly untainted by politics or...
Sri Lanka’s 2019 Easter Bombings
The Attack
A series of Easter Sunday bombings in Sri Lanka claimed over 350 lives and left over 500 injured. At least 38 of the dead are foreigners, including four Americans. The bombings targeted churches in the capital Colombo, as well as Negombo, and Batticaloa. The Shangri-la, Cinnamon Grand, and Kingsbury Hotels in Colombo were also targeted. A planned attack on a fourth hotel failed and reportedly helped police identify the perpetrators of the attacks. The attacks were carried out by nine Sri Lankan suicide bombers and are the worst violence to strike Sri Lanka since the 2009 end of...
Community Disaster Loans: Homeland Security Issues in the 116th Congress
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The Community Disaster Loan (CDL) program was developed to help local governments manage tax and other revenue shortages following a disaster. Administered by the Federal Emergency Management Agency (FEMA), CDLs provide financial liquidity to local governments through a structured loan that may be converted to grants when certain financial conditions are met. CDLs are codified in Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5184, as amended). Modified “non-traditional” CDL programs were developed in response to Hurricanes Rita and...
Iran Oil Sanctions Exceptions Ended
Overview
On April 22, 2019, the State Department announced that exceptions granted to eight countries enabling them to buy Iranian oil without U.S. penalty would not be renewed when they expire on May 2, 2019. The announcement stated that the global oil market is sufficiently well supplied to permit the move, which “aims to bring Iran’s oil exports to zero, denying the regime its principal source of revenue.” The decision has raised speculation over how effective it will be in reducing Iran’s oil exports, how Iran will react, and potential effects on the global oil market—issues that might...
Child Nutrition Programs: Current Issues
The term child nutrition programs refers to several U.S. Department of Agriculture Food and Nutrition Service (USDA-FNS) programs that provide food for children in institutional settings. These include the school meals programs—the National School Lunch Program and School Breakfast Program—as well as the Child and Adult Care Food Program, Summer Food Service Program, Special Milk Program, and Fresh Fruit and Vegetable Program.
The most recent child nutrition reauthorization, the Healthy, Hunger-Free Kids Act of 2010 (HHFKA; P.L. 111-296), made a number of changes to the child nutrition...
The World Oil Market and U.S. Policy: Background and Select Issues for Congress
The United States, as the largest consumer and producer of oil, plays a major role in the world market. Policy decisions can affect the price of oil and petroleum products (e.g., gasoline) for U.S. consumers and companies operating in U.S. oil production, transportation, and refining sectors. Congress considers policies that can affect the world oil market, including trade, sanctions, protection of trade routes, the Strategic Petroleum Reserve (SPR), and alternative fuel standards.
Technological advancements, supportive policies, and other aspects of the U.S. oil industry have reversed a...
The Violence Against Women Act (VAWA): Historical Overview, Funding, and Reauthorization
The Violence Against Women Act (VAWA; Title IV of P.L. 103-322) was originally enacted in 1994. It addressed congressional concerns about violent crime, and violence against women in particular, in several ways. It allowed for enhanced sentencing of repeat federal sex offenders; mandated restitution to victims of specified federal sex offenses; and authorized grants to state, local, and tribal law enforcement entities to investigate and prosecute violent crimes against women, among other things. VAWA has been reauthorized three times since its original enactment. Most recently, Congress...
Assessing Commercial Disclosure Requirements under the First Amendment
Federal law contains a wide variety of disclosure requirements, including food labels, securities registrations, and disclosures about prescription drugs in direct-to-consumer advertising. These disclosure provisions require commercial actors to make statements that they otherwise might not, compelling speech and implicating the Free Speech Clause of the First Amendment. Nonetheless, while commercial disclosure requirements may regulate protected speech, that fact in and of itself does not render such provisions unconstitutional.
The Supreme Court has historically allowed greater...
Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes
At the direction of Congress, the U.S. Army Corps of Engineers (USACE) in the Department of Defense (DOD) undertakes water resource development activities. USACE develops civil works projects principally to improve navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE through authorizations and appropriations legislation. Congress often considers USACE authorization legislation biennially and appropriations annually. USACE attracts congressional attention because its projects can have significant local and regional economic benefits and...
Global Measles Vaccination Trends
Congress has long taken an interest in infectious disease prevention and control. Measles is a highly contagious virus that is transmitted through droplets emitted from an infected person when coughing and sneezing. The virus can live for up to two hours in the airspace or on a surface where an infected person coughed or sneezed. Other people can contract the disease if they breathe contaminated air or touch their eyes, nose, or mouth after touching a contaminated surface. Up to 90% of those in the proximity of an infected person who are not immune to the disease will be infected. Symptoms...
Continuing Resolutions: Overview of Components and Practices
The program activities of most federal agencies are generally funded on an annual basis through the enactment of regular appropriations acts. When those annual appropriations acts are not enacted by the beginning of the fiscal year (i.e., by October 1), one or more continuing appropriations acts (commonly known as continuing resolutions or CRs) may be enacted to provide temporary funding to continue certain programs and activities until action on the regular appropriations acts is completed.
Congress has included six main components in CRs. First, CRs have provided funding for certain...
New Deadline Is End of October 2019
The departure of the United Kingdom (UK) from the European Union (EU), known as “Brexit,” was originally scheduled for March 29, 2019. The UK House of Commons has repeatedly rejected the withdrawal agreement that the UK government negotiated with the EU, however, while also opposing the “no-deal” option of leaving the EU without a withdrawal agreement.
On March 22, EU leaders agreed to extend the UK’s departure date to May 22, 2019, provided the UK could approve the agreement by April 12, 2019. As that deadline drew near, EU leaders at an emergency...
Agricultural Conservation in the 2018 Farm Bill
The Agriculture Improvement Act of 2018 (2018 farm bill, P.L. 115-334, Title II) included a number of changes to agricultural conservation programs, including reauthorizing and amending existing programs, directing existing program activities to specific resource concerns, shifting funds within the title, and authorizing a budget-neutral level of funding.
Debate over the conservation title in the 2018 farm bill focused on a number of issues in the different versions in the House- and Senate-passed bills (H.R. 2). These differences were resolved in a House-Senate conference to create the...
Clean Air Act Issues in the 116th Congress
Review and rollback of Clean Air Act rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector has been a major focus of the Trump Administration since it took office in 2017. On March 28, 2017, President Trump signed Executive Order 13783, to require the review of regulations and policies that “burden the development or use of domestically produced energy resources.” The E.O. directed the U.S. Environmental Protection Agency (EPA) to review the Clean Power Plan (CPP), which set limits on GHG emissions from existing power plants, and...
Netanyahu’s April 2019 Election Victory: Implications for Israel’s Leadership and U.S. Policy
In elections held on April 9, 2019, the Likud party of Israeli Prime Minister Binyamin Netanyahu tied for the most Knesset (parliament) seats. Most observers assess that, in the context of Israel’s political system, Netanyahu will begin a fifth term as prime minister (1996-1999, 2009-present) after assembling a coalition government with his traditional right-leaning and ultra-Orthodox partners (see Figure 1). Netanyahu’s victory came despite a significant challenge from the new Blue and White party—led by former top general Benny Gantz and prominent politician Yair Lapid (a former finance...
The Federal Communications Commission (FCC) is an independent federal agency established by the Communications Act of 1934 (1934 Act, or “Communications Act”). The agency is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The mission of the FCC is to make available for all people of the United States, “without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges.”
The...
Forest Management Provisions Enacted in the 115th Congress
The 115th Congress enacted several provisions affecting management of the National Forest System (NFS), administered by the Forest Service (in the Department of Agriculture), and the lands managed by the Bureau of Land Management (BLM, in the Department of the Interior). The provisions were enacted through two laws: the Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act, enacted as Division O of the Consolidated Appropriations Act, 2018 (P.L. 115-141, commonly referred to as the FY2018 omnibus), and the Agricultural Improvement Act of 2018 (P.L. 115-334, Title...
DHS Budget v. DHS Appropriations: Fact Sheet
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2004, FY2005, FY2006, FY2007, FY2008, FY2009, FY2010, FY2010, FY2011, FY2012, FY2013, FY2014, FY2015, FY2016, FY2017, FY2018, FY2019, FY2020 funding analysis non-appropriated funding adjustments under the Budget Control Act supplemental mandatory user fee trust fund
Tax Equity Financing: An Introduction and Policy Considerations
This report provides an introduction to the general tax equity financing mechanism. The term tax equity investment describes transactions that pair the tax credits or other tax benefits generated by a qualifying physical investment with the capital financing associated with that investment. These transactions involve one party agreeing to assign the rights to claim the tax credits to another party in exchange for an equity investment (i.e., cash financing). The exchange is sometimes referred to as “monetizing,” “selling,” or “trading” the tax credits. Importantly, however, the “sale” of...
International Criminal Court: U.S. Response to Examination of Atrocity Crimes in Afghanistan
On April 5, 2019, Secretary of State Mike Pompeo revoked the U.S. travel visa permitting International Criminal Court (ICC) Prosecutor Fatou Bensouda to enter the United States, unless visiting U.N. headquarters in New York, citing legal authority (8 U.S.C. §1182(a)(3)(C)(i)) to restrict entry of persons “whose ... proposed activities in the United States would have potentially serious adverse foreign policy consequences.” Secretary Pompeo explained the reason for the decision was Ms. Bensouda’s possible investigation of allegations of war crimes and crimes against humanity in and related...
U.S. Farm Income Outlook for 2019
This report uses the U.S. Department of Agriculture’s (USDA) farm income projections (as of March 6, 2019) and agricultural trade outlook update (as of February 21, 2019) to describe the U.S. farm economic outlook. According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $69.4 billion in 2019, up $6.3 billion (+10%) from last year. The forecast rise in 2019 net farm income is the result of an increase in gross returns (up $8.5 billion or +2%)—including continued payments under the trade aid package announced by...
Presidential Terms and Tenure: Perspectives and Proposals for Change
The President and Vice President’s terms of office are prescribed by the Constitution and four of its amendments.
Article II, Section 1, of the Constitution, which came into effect with the convening of the First Congress and inauguration of the first President and Vice President in 1789, sets the terms of these two officers at four years, and does not prohibit their reelection. Four amendments to the Constitution, ratified between 1804 and 1967, have added further conditions to presidential terms and tenure.
The Twelfth Amendment, ratified in 1804, extended the qualifications for...
Bosnia and Herzegovina: Background and U.S. Policy
Bosnia and Herzegovina (hereafter, “Bosnia”) drew heavily on U.S. support after gaining independence from Yugoslavia in 1992. The United States helped end the Bosnian war (1992-1995), one of the most lethal conflicts in Europe since the Second World War, by leading NATO airstrikes against Bosnian Serb forces, brokering the Dayton Peace Agreement in 1995, and deploying 20,000 U.S. troops. Some Members of Congress became involved in policy debates over these measures, and Congress monitored and at times challenged the Bush and Clinton Administrations’ response through numerous hearings,...
U.S. Military Electronic Warfare Research and Development: Recent Funding Projections
The National Defense Strategy Commission identified Electronic Warfare (EW) as a critical capability to ensure the U.S. military remains competitive. In its FY2019 and FY2020 Defense Budget overview documents, the Department of Defense (DOD) identified EW as a priority to improve platform and network survivability; provide advanced jamming techniques to disrupt radars, communications, and command and control systems; and provide measures to defend the space domain and maintain power projection forces.
Even before the release of the Commission report, Congress showed an interest in EW...
Cyprus: Reunification Proving Elusive
Four months into 2019, unification talks intended to end the division of Cyprus after 55 years as a politically separated nation and 45 years as a physically divided country have remained suspended since July 2017. Attempts by the United Nations to find common ground between the two Cypriot communities to resume the negotiations have not been successful. The talks have fallen victim to the realities of five decades of separation and both sides’ inability to make the necessary concessions to reach a final settlement. As a result, the long-sought bizonal, bicommunal, federal solution for the...
The Global Economy: Is Slower Growth Ahead?
Recent economic forecasts project a mild slowing in global economic growth in 2019, centered mostly in developed economies and Asia, according the International Monetary Fund (IMF) and the Organization for Economic Co-operation and Development (OECD), as indicated in Table 1. The IMF April 2019 forecast of global economic growth in 2019 and 2020 projects a growth rate of 3.3% and 3.6%, respectively, down about 0.2 percentage points (pp) from previous forecasts. It also forecasts global trade growth of about 3.4%, and a fall in energy prices of about 13%. IMF April 2019 forecast for global...
FY2019 Defense Appropriations Act (P.L. 115-245)
The FY2019 Department of Defense Appropriations Act, enacted as Division A of P.L. 115-245, provides $667.3 billion in new budget authority to fund all activities of the Department of Defense (DOD) except for the construction of military facilities and the operation of military family housing complexes.
While the total amount appropriated for DOD for FY2019 was nearly equal to the Administration’s request, the act provides more funding than requested for dozens of weapons acquisition programs, with the gross increase exceeding $10 billion. Those additions are offset by hundreds of...
Title IX of the Education Amendments of 1972 (Title IX) provides an avenue of legal relief for victims of sexual abuse and harassment at educational institutions. It bars discrimination “on the basis of sex” in an educational program or activity receiving federal funding. Although Title IX makes no explicit reference to sexual harassment or abuse, the Supreme Court and federal agencies have determined that such conduct can sometimes constitute discrimination in violation of the statute; educational institutions in some circumstances can be held responsible when a teacher sexually harasses...
The Postsecondary Undergraduate Population: Student Income and Demographics
Since the 1950s and the creation of the first federal student aid programs, one aim of federal higher education policy has been to promote access to postsecondary education, particularly for students with financial need. In recent years, the federal government has annually made available more than $100 billion in federal grants, loans, and work-study funds to millions of students to help cover the cost of higher education. As Congress continues to focus on expanding access to postsecondary education through federal student aid policies, understanding various characteristics of the...
FY2020 Funding for Transit Could Be Decreased Due to Highway Trust Fund Law
Unless legislative action is taken, formula funding for the federal transit program could be decreased by approximately $1 billion in FY2020, roughly 12% from the amount authorized in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94). This could lead to reductions in federal grants to local transit agencies for purchases of new buses, railcars, and other facilities, the upkeep of existing facilities, and, in the case of many smaller systems, for operating expenses. In a typical year, almost 80% of federal transit funding is distributed by formula.
The potential funding...
Water Infrastructure Financing: History of EPA Appropriations
The principal federal program to aid municipal wastewater treatment plant construction is authorized in the Clean Water Act (CWA). Established as a grant program in 1972, it now capitalizes state loan programs through the clean water state revolving loan fund (CWSRF) program. Since FY1972, appropriations have totaled $98 billion.
In 1996, Congress amended the Safe Drinking Water Act (SDWA, P.L. 104-182) to authorize a similar state loan program for drinking water to help systems finance projects needed to comply with drinking water regulations and to protect public health. Since FY1997,...
For nearly one year following Hurricane Maria in 2017, some disaster survivors from Puerto Rico were housed in hotels/motels through the Federal Emergency Management Agency’s (FEMA’s) Transitional Sheltering Assistance (TSA) program. This was due to multiple program extensions (including by court order), although TSA was intended to provide short-term (i.e., 5-14 days, extendable for up to 6 months) accommodations. As TSA was ending, some disaster survivors still lacked longer-term housing, causing housing advocacy organizations and Members of Congress (also here and here) to call upon...
Iran’s Revolutionary Guard Named a Terrorist Organization
Overview
On April 8, 2019, President Trump announced his intent to name Iran’s Islamic Revolutionary Guard Corps (IRGC) as a Foreign Terrorist Organization (FTO). Administration officials attributed the designation to the IRGC’s being an “active and enthusiastic participant in acts of terror,” including the 1983 bombing of the U.S. Marine barracks in Beirut and the 1996 bombing of the Khobar Towers complex in Saudi Arabia.
The designation, which is subject to congressional review, represents the first time the United States has designated an official military organization of a foreign...
Pittman-Robertson Wildlife Restoration Act: Understanding Apportionments for States and Territories
The Federal Aid in Wildlife Restoration Act (16 U.S.C. §§669 et seq.), enacted in 1937 and now known as the Pittman-Robertson Wildlife Restoration Act, provides funding for states and territories to support wildlife restoration, conservation, and hunter education and safety programs. The U.S. Fish and Wildlife Service (FWS), within the Department of the Interior, administers Pittman-Robertson. All 50 states (but not the District of Columbia) as well as the 5 inhabited U.S. territories receive Pittman-Robertson funds.
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Funding for FWS to carry out Pittman-Robertson programs comes from...
Multinational Species Conservation Fund: FY2020 Appropriations
International species conservation is addressed by several funds, including those under the Multinational Species Conservation Fund (MSCF) and the Neotropical Migratory Bird Conservation Fund (NMBCF). These funds are implemented by relatively small programs within the Fish and Wildlife Service, yet generate significant constituent interest, chiefly concerning their funding levels. This report describes the funds and summarizes recent and proposed appropriations levels. The MSCF is sub-divided into several smaller funds that address certain species. In particular, the MSCF provides funding...
Civil Rights at School: Agency Enforcement of Title VI of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964 prohibits federally funded programs, activities, and institutions from discriminating based on race, color, or national origin. In its current form, largely unchanged since its adoption, Title VI incorporates a number of unique features. Besides barring federally funded programs from discriminating based on race, Title VI also authorizes and directs all federal funding agencies to promulgate rules effectuating that nondiscrimination mandate. Those rules were also made subject to presidential approval, an authority since delegated to the Attorney...
Drug Pricing and Intellectual Property Law: A Legal Overview for the 116th Congress
Intellectual property (IP) rights play an important role in the development and pricing of pharmaceutical products such as prescription drugs and biologics. In order to encourage innovation, IP law grants the rights holder a temporary monopoly on a particular invention or product, potentially enabling him to charge higher-than-competitive prices. IP rights, if sufficiently limited, are typically justified as necessary to allow pharmaceutical manufacturers the ability to recoup substantial costs in research and development, including clinical trials and other tests necessary to obtain...
Increasing the BCA Spending Limits: Characteristics of Previously Enacted Legislation
The Budget Control Act of 2011 (BCA; P.L. 112-25), enacted on August 2, 2011, generated annual statutory discretionary spending limits for defense and nondefense spending that are in effect through FY2021. If appropriations are enacted that exceed a limit for a fiscal year, across-the-board reductions (i.e., sequestration) are triggered to eliminate the excess spending within that category. The BCA further stipulates that certain discretionary spending—such as appropriations designated as emergency requirements or for overseas contingency operations—are effectively exempt from the limits....
Law enforcement officials have described money laundering—the process of making illegally obtained proceeds appear legitimate—as the “lifeblood” of organized crime. Recently, money launderers have increasingly turned to a new technology to conceal the origins of illegally obtained proceeds: virtual currency. Virtual currencies like Bitcoin, Ether, and Ripple are digital representations of value that, like ordinary currency, function as media of exchange, units of account, and stores of value. However, unlike ordinary currencies, virtual currencies are not legal tender, meaning they cannot...
HUD FY2019 Appropriations: In Brief
The programs and activities of the Department of Housing and Urban Development (HUD) are designed primarily to address housing problems faced by households with very low incomes or other special housing needs and to expand access to homeownership. Nearly all of the department’s budget comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD).
On February 12, 2018, the Trump Administration submitted its FY2019 budget request to Congress, including $41.4 billion...
Department of Housing and Urban Development (HUD): FY2020 Budget Request Fact Sheet
Overview of FY2020 President’s Budget request for the Department of Housing and Urban Development (HUD).
FY2018 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA), most recently comprehensively amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), is the primary source of federal aid to K-12 education. The Title I-A program is the largest grant program authorized under the ESEA and was funded at $15.8 billion for FY2018. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of...
Low Interest Rates, Part 1: Economic and Fiscal Implications
Since the 2007-2009 financial crisis, U.S. interest rates have been unusually low by historical standards. This Insight discusses the implications of low interest rates for households and fiscal policy. It is the first of three parts. Low Interest Rates, Part 2 discusses implications for monetary policy. Low Interest Rates, Part 3 discusses potential causes.
Low Interest Rates
When describing interest rate trends, each debt instrument is different. The interest rate on every debt instrument is determined by market supply and demand for that instrument, and each instrument has different...
Cybersecurity: Homeland Security Issues for the 116th Congress
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Introduction
For policymaking purposes, cybersecurity can be considered the security of cyberspace. Taking this broad view allows policymakers to examine discrete elements of cybersecurity and determine which parts to address through the legislative process. Cyberspace, itself, includes the infrastructure necessary for the internet to work (e.g., wires, modems, and servers), the services used via the Internet (e.g., web applications and websites), the devices on the network (e.g., computers and Internet-of-Things devices), and the users of those devices. Cybersecurity involves many...
Interior, Environment, and Related Agencies: Overview of FY2019 Appropriations
The Interior, Environment, and Related Agencies appropriations bill contains funding for more than 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other organizations and entities. Issues for Congress included determining the amount, terms, and conditions of...
On April 4, 2019, foreign ministers from the 29 member states of the North Atlantic Treaty Organization (NATO) are to gather in Washington, DC, to mark the 70th anniversary of the North Atlantic Treaty (also known as the Washington Treaty). NATO Secretary General Jens Stoltenberg is to address a joint session of Congress on April 3, 2019, the first ever to do so. Congress was instrumental in creating NATO in 1949 and has played a critical role in shaping U.S. policy toward the alliance ever since.
A key goal of the 70th anniversary meeting will be to highlight NATO’s past successes and...
Trade Related Agencies: FY2019 Appropriations, Commerce, Justice, Science and Related Agencies (CJS)
The Consolidated Appropriations Act, 2019 (P.L. 116-6), was signed into law on February 15, 2019. The act included a total of $647.0 million in funding for three trade-related agencies under the Commerce, Justice, Science and Related Agencies (CJS) account—the International Trade Administration (ITA), the U.S. International Trade Commission (USITC), and the office of the United States Trade Representative (USTR). This represents a 0.2% decrease from FY2018 appropriations. For FY2019, the Consolidated Appropriations Act, 2019, included $484.0 million in direct appropriations for ITA (a 0.4%...
India’s 2019 National Elections: A Preview
Overview
India, a populous South Asian federal republic, is about to undertake the largest democratic exercise in human history in seating a new lower house of Parliament, the 545-seat Lok Sabha. The numbers involved can inspire awe: there are 880 million eligible voters in the country’s 29 states and 7 union territories. Five phases of voting will begin on April 11; results are due May 23. The last polls in 2014 saw about 540 million voters choose from among more than 8,250 candidates representing 464 parties. Incumbent Prime Minister Narendra Modi and his Bharatiya Janata Party (BJP or...
America’s Water Infrastructure Act of 2018 (P.L. 115-270): Drinking Water Provisions
Congress has long deliberated on the condition of drinking water infrastructure and drinking water quality as well as the financial and technical challenges some public water systems face in ensuring the delivery of safe and adequate water supplies. Several events and circumstances—including source water contamination incidents; water infrastructure damage from natural disasters, such as hurricanes; detection of elevated lead levels in tap water in various cities and schools; and the nationwide need to repair or replace aging drinking water infrastructure—have increased national attention...
In 2018, the Office on Violence Against Women (OVW) changed the expansive domestic violence (DV) definition that appeared on its website to the more narrow statutory definition used for grant programs. There is some confusion as to the meaning and implication of OVW’s change. In the 116th Congress, legislation has been introduced that would amend the definition used in the Violence Against Women Act (VAWA) grant programs—the Violence Against Women Reauthorization Act of 2019 (H.R. 1585), if enacted, would amend and expand the definition of DV.
Federal Definitions of DV
The federal...
Firefighter Assistance Grants: Homeland Security Issues in the 116th Congress
Background
Structural firefighting—which typically refers to fighting fires in residential, commercial, and other types of buildings—is primarily the responsibility of local governments. During the 1990s, shortfalls in state and local budgets, coupled with increased responsibilities of local fire departments, led many in the fire service community to call for additional financial support from the federal government.
In response, Congress established firefighter assistance grant programs within the Federal Emergency Management Agency (FEMA) to provide additional support for local fire...
Overview of Federal Housing Assistance Programs and Policy
The federal government has been involved in providing housing assistance to lower-income households since the 1930s. In the beginning, the federal government played a role in supporting the mortgage market (through establishment of the Federal Housing Administration [FHA] and the government-sponsored enterprises) and in promoting construction of low-rent public housing for lower-income families through local public housing authorities (PHAs). Over time, the federal government has shifted away from providing construction-based subsidies toward providing rental subsidies, and private...
Congressional Subpoenas: Enforcing Executive Branch Compliance
Congress gathers much of the information necessary to oversee the implementation of existing laws or to evaluate whether new laws are necessary from the executive branch. While executive branch officials comply with most congressional requests for information, there are times when the executive branch chooses to resist disclosure.
When Congress finds an inquiry blocked by the withholding of information by the executive branch, or where the traditional process of negotiation and accommodation is inappropriate or unavailing, a subpoena—either for testimony or documents—may be used to compel...
Free Speech and the Regulation of Social Media Content
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech.
Currently, federal law does...
2019 Midwest Flooding: FEMA and Other Federal Programs and Resources
Introduction
This Insight provides a brief overview of the major disaster declaration process and federal assistance programs potentially available to those affected by the current flooding in the Midwest.
As authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.), the President may issue a major disaster declaration due to catastrophic flooding. This allows for a broad range of federal assistance programs to be made available to state and local governments, private nonprofit organizations, and individuals...
How Would the American Family Act Change the Child Tax Credit?
The American Family Act (AFA; S. 690/H.R. 1560) would significantly expand the child tax credit for low- and moderate-income taxpayers, especially those with young children. It also would eliminate the expanded child tax credit for higher-income families in effect from 2018 to 2025 as a result of P.L. 115-97. This Insight describes some of the major changes that would be made to the child tax credit by this legislation.
Current Law
Under current law, eligible taxpayers can subtract up to $2,000 per qualifying child from their federal income tax liability. (See CRS Report R41873, The Child...
Runaway and Homeless Youth: Demographics and Programs
This report discusses runaway and homeless youth, and the federal response to support this population. There is no single definition of the terms “runaway youth” or “homeless youth.” However, both groups of youth share the risk of not having adequate shelter and other provisions, and may engage in harmful behaviors while away from a permanent home.
Youth most often cite family conflict as the major reason for their homelessness or episodes of running away. A youth’s sexual orientation, sexual activity, school problems, and substance abuse are associated with family discord. The precise...
Israel and Syria in the Golan Heights: U.S. Recognition of Israel’s Sovereignty Claim
On March 25, 2019, President Trump signed a proclamation stating that the United States recognizes the Golan Heights (hereinafter, the Golan) to be part of the State of Israel, based on the rationale that any future peace agreement should address threats Israel encounters from Syria—including from Iran and the Iran-backed Lebanese group Hezbollah. The President did not specify the territorial bounds of Israeli sovereignty that the United States recognizes in the Golan. Israel gained control of the Golan from Syria during the 1967 Arab-Israeli war, and effectively annexed it unilaterally by...
Drought Contingency Plans for the Colorado River Basin
The Colorado River Basin is a critical source of water and power supplies for seven western states and Mexico. The basin is in the midst of a long-term drought. Water levels at the basin’s two largest reservoirs, Lake Mead and Lake Powell, could reach critically low levels. Building on prior agreements, recently the basin states and the Bureau of Reclamation (Reclamation) transmitted to Congress drought contingency plans (DCPs) that aim to decrease the likelihood of major water and power supply disruptions for users.
Colorado River Basin in Context
The Colorado River Basin (Figure 1)...
The Joint Select Committee on Budget and Appropriations Process Reform
The Bipartisan Budget Act of 2018 (P.L. 115-123), signed into law on February 9, 2018, created a joint select committee of the House and Senate. The Joint Select Committee on Budget and Appropriations Process Reform was to be made up of 16 Members from the House and Senate—4 chosen by each of the chambers’ party leaders. The act charged the joint select committee with formulating recommendations and legislative language to “significantly reform the budget and appropriations process.” The law directed the committee to make a report no later than November 30, 2018, to be submitted, along...
Veto Override Procedure in the House and Senate
A bill or joint resolution that has been vetoed by the President can become law if two-thirds of the Members voting in the House and the Senate each agree to pass it over the President’s objection. The chambers act sequentially on vetoed measures: The House acts first on House-originated measures (H.R. and H.J. Res.), and the Senate acts first on Senate-originated measures (S. and S.J. Res.). If the first-acting chamber fails to override the veto, the other chamber cannot consider it. The House typically considers the question of overriding a presidential veto under the hour rule, with...
FY2020 Defense Budget Request: An Overview
The President’s FY2020 budget request includes $761.8 billion in budget authority for national defense, a major function of the federal budget that includes funding primarily for Department of Defense (DOD) programs but also for defense-related activities administered by other federal agencies, including the Department of Energy.
National defense is one of 20 major functions used by the Office of Management and Budget (OMB) to organize budget dataand the largest in terms of discretionary spending. The national defense budget function (identified by the numerical notation 050) comprises...
Categories of Federal Civil Service Employment: A Snapshot
According to the Office of Personnel Management (OPM), the federal workforce consists of an estimated two million civilian employees. Federal law categorizes these employees into three types of service—the competitive service, the excepted service, and the Senior Executive Service (SES)—that may be distinguished by different selection, compensation, and other standards. Title 5 of the U.S. Code (Title 5) contains most of the standards governing federal employment, and OPM is generally responsible for implementing these requirements.
The competitive service largely consists of all civil...
Federal Firearms Laws: Overview and Selected Legal Issues for the 116th Congress
Firearms regulation is an area of shared authority among federal, state, and local governments. Individual states have enacted a diverse range of laws relating to the possession, registration, and carrying of firearms, among other things. Federal law establishes a regulatory framework for the lawful manufacture, sale, and possession of firearms at the national level. The federal framework generally serves as a floor for permissible firearm use and transactions, leaving states free to supplement with additional restrictions so long as they do not conflict with federal law.
Federal laws...
Post-Heller Second Amendment Jurisprudence
The Second Amendment states that “[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” Before the Supreme Court’s 2008 opinion in District of Columbia v. Heller, the Second Amendment had received little Supreme Court attention and had been largely interpreted, at least by the lower federal courts, to be intertwined with military or militia use. Still, there had been ample debate in the lower federal courts and political discussion over whether the Second Amendment provides an individual right to...
Data Protection Law: An Overview
Recent high-profile data breaches and other concerns about how third parties protect the privacy of individuals in the digital age have raised national concerns over legal protections of Americans’ electronic data. Intentional intrusions into government and private computer networks and inadequate corporate privacy and cybersecurity practices have exposed the personal information of millions of Americans to unwanted recipients. At the same time, internet connectivity has increased and varied in form in recent years. Americans now transmit their personal data on the internet at an...
Department of State, Foreign Operations and Related Programs: FY2019 Budget and Appropriations
The Trump Administration submitted to Congress its FY2019 budget request on February 12, 2018. The proposal included $41.86 billion for the Department of State, Foreign Operations, and Related Programs (SFOPS). Of that amount, $13.26 billion was for State Department operations, international broadcasting, and related agencies, and $28.60 billion for foreign operations. With the enactment of the Bipartisan Budget Act of 2018 (BBA; P.L. 115-123, February 9, 2018), which raised discretionary spending limits set by the Budget Control Act of 2011 (BCA; P.L. 112-25), the Administration’s FY2019...
Merit Systems Protection Board (MSPB): A Legal Overview
The Merit Systems Protection Board (MSPB or Board) is a quasi-judicial independent agency in the executive branch charged with protecting federal employees against improper employment-related actions. The Board works to ensure, for example, that federal agencies avoid taking arbitrary action against employees, exhibiting favoritism, or engaging in reprisals against whistleblowers. The MSPB also aims to promote an effective federal workforce free of certain types of discrimination and other prohibited personnel practices. While the Board mainly carries out its mission through adjudication...
FY2020 Budget Request for the Department of Energy
The President’s FY2020 budget request includes $31.7 billion for the Department of Energy (DOE), approximately $4 billion (11%) less than the FY2019 enacted level of $35.7 billion (see Division A of P.L. 115-244). While this request would reduce the total budget for DOE, it would increase overall funding for the National Nuclear Security Administration (NNSA), the Office of Electricity (OE), and the Office of Cybersecurity, Energy Security, and Emergency Response (CESER). The request would reduce funding for the Offices of Environmental Management, Science, Energy Efficiency and Renewable...
Congress currently appropriates most foreign affairs funding through annual Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations. Prior to FY2008, however, Congress provided funding for the Department of State, international broadcasting, and related programs within the Commerce, Justice, State, the Judiciary, and Related Agencies appropriations. In those years, Congress separately appropriated funding for the U.S. Agency for International Development (USAID) and foreign aid within the Foreign Operations, Export Financing, and Related Programs...
The U.S. Fourth National Climate Assessment, released in 2018, concluded that “the impacts of global climate change are already being felt in the United States and are projected to intensify in the future—but the severity of future impacts will depend largely on actions taken to reduce greenhouse gas [GHG] emissions and to adapt to the changes that will occur.” Members of Congress and stakeholders articulate a wide range of perspectives over what to do, if anything, about GHG emissions, future climate change, and related impacts. If Congress were to consider establishing a program to...
Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service
Given the large potential impact broadband access may have on the economic development of rural America, concern has been raised over a “digital divide” between rural and urban or suburban areas with respect to broadband deployment. While there are many examples of rural communities with state-of-the-art telecommunications facilities, recent surveys and studies have indicated that, in general, rural areas tend to lag behind urban and suburban areas in broadband deployment.
According to the Federal Communications Commission’s Communications Marketplace Report, as of 2017, 24% of Americans...
Botanically, hemp and marijuana are from the same species of plant, Cannabis sativa. However, hemp and marijuana are genetically distinct forms of cannabis that are distinguished by their use and chemical composition as well as by differing cultivation practices in their production. The two are from distinct strains of Cannabis sativa called varieties or cultivars.
While marijuana generally refers to the psychotropic drug (whether used for medicinal or recreational purposes), hemp is cultivated for use in the production of a wide range of products, including foods and beverages, personal...
Cyclone Disaster in Mozambique and Surrounding Region
On March 14, a large and powerful tropical storm dubbed Cyclone Idai came ashore at Beira, a low-lying port city in central Mozambique, in southeastern Africa. It featured sustained winds as high as 120 miles per hour prior to making landfall and dumped torrents of rain over large parts of Mozambique, Malawi, Zimbabwe, and Madagascar. Its effects have been expansive and catastrophic—covering at least 1,200 square miles—and it is among the worst natural disasters ever to hit the region. Flooding has limited humanitarian response organizations’ access to much of the affected region.
Cyclone...
Older Americans Act: Senior Community Service Employment Program
The Senior Community Service Employment Program (SCSEP) authorizes the Department of Labor (DOL) to make grants to support part-time community service employment opportunities for eligible individuals age 55 or over. In FY2019, appropriations for SCSEP programs were $400 million and supported approximately 41,000 positions. DOL may also refer to the SCSEP program as Community Service Employment for Older Americans (CSEOA)
SCSEP is authorized by Title V of the Older Americans Act (OAA). The Older Americans Act Reauthorization Act of 2016 (P.L. 114-144) authorized appropriations for OAA...
Guatemala: Political and Socioeconomic Conditions and U.S. Relations
Guatemala, the most populous Central American country, with a population of 16.3 million, has been consolidating its transition to democracy since the 1980s. Guatemala has a long history of internal conflict, including a 36-year civil war (1960-1996) during which the Guatemalan military held power and over 200,000 people were killed or disappeared. A democratic constitution was adopted in 1985, and a democratically elected government was inaugurated in 1986.
President Jimmy Morales is being investigated for corruption and has survived three efforts to remove his immunity from prosecution....
Overview of FY2019 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Trump Administration and Congress to provide FY2019 funding for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2018 funding for agencies and bureaus funded as part of annual CJS appropriations acts.
The Administration requested $66.555 billion for CJS for FY2019. The request included $9.797 billion for the Department of Commerce, $28.835 billion for the Department of Justice (DOJ), $27.372 billion for the science agencies, and $551 million for the related agencies. The Administration’s...
International trophy hunting is a multinational, multimillion-dollar industry practiced throughout the world. Trophy hunting is broadly defined as the killing of animals for recreation with the purpose of collecting trophies such as horns, antlers, skulls, skins, tusks, or teeth for display. The United States imports the most trophies of any country in the world. Congressional interest in trophy hunting is related to the recreational and ethical considerations of hunting and the potential consequences of hunting for conservation. For some, interest in trophy hunting centers on particular...
The Value of Energy Tax Incentives for Different Types of Energy Resources
The U.S. tax code supports the energy sector by providing a number of targeted tax incentives, or tax incentives available only for the energy industry. Some policymakers have expressed interest in understanding how energy tax benefits are distributed across different domestic energy resources. For example, what percentage of energy-related tax benefits support fossil fuels (or support renewables)? How much domestic energy is produced using fossil fuels (or produced using renewables)? And how do these figures compare?
In 2017, the value of federal tax-related support for the energy sector...
Proposed Air Force Acquisition of New F-15EXs
The Trump Administration’s FY2020 budget proposal includes a request for $1.1 billion to buy 8 F-15EX aircraft, the first procurement toward a planned initial buy of 144. This proposal represents a change from previous Air Force plans to procure only stealthy “fifth-generation” fighter aircraft. What is an F-15EX, and why might the Air Force have changed plans?
What Is an F-15EX?
The Air Force received its first F-15 Eagle air superiority fighter in 1974. Subsequently, the F-15 evolved to encompass more roles, most notably with the deployment of the F-15E Strike Eagle in 1989. The F-15E...
Legislative Support Resources: Offices and Websites for Congressional Staff
This report provides a brief list of key House, Senate, legislative support agencies, and executive branch offices, as well as links to online resources of use to new congressional staff who work with legislative procedures and conduct legislative research. Some of the websites listed are available only to congressional offices; other sites are restricted by chamber and are only available to those staff working in either House or Senate offices. This report is intended for congressional use only and will be updated annually.
Indonesia Prepares for Election Rematch
Voters in Indonesia, the world’s most populous Muslim-majority nation, are scheduled to go to the polls on April 17 to elect a President and the 560 members of the People’s Representative Council, Indonesia’s national Parliament. This will be Indonesia’s fourth direct presidential election and the first time presidential and parliamentary polls are to be simultaneous. It is also expected to be one of the largest democratic exercises in the world: among democracies, Indonesia trails only India and the United States in the size of its electorate.
The presidential polls pit the same two...
Juvenile Justice and Delinquency Prevention Act (JJDPA) Formula Grant Reauthorization
Although juvenile justice is administered by the states, the federal government plays a role in this area through the administration of grant programs. Congress has influenced juvenile justice policy and practice by authorizing and funding grant programs administered by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA; P.L. 93-415) was the first comprehensive juvenile justice legislation passed by Congress. The JJDPA, among other things, authorized a series of grant programs...
Older Americans Act: Funding Formulas
The Older Americans Act (OAA) is the major vehicle for the delivery of social and nutrition services for older persons. The act’s statutory funding formulas determine allotments to states and other entities under the following OAA Titles: Title III, Grants for State and Community Programs; Title V, the Community Service Senior Opportunities Act; Title VI, Grants for Older Native Americans; and Title VII, Vulnerable Elder Rights Protection Activities. This report describes the OAA statutory provisions that allocate funds to states and other entities under various titles of the act.
Title...
Farm Debt and Chapter 12 Bankruptcy Eligibility
As farm income has declined over multiple years since 2013, the number of reported farm bankruptcies has begun to increase. The Federal Reserve Bank of Minneapolis observed that Chapter 12 farm bankruptcies increased in 2018 across the Midwest and appear to be higher among dairy farms. The American Farm Bureau Federation has compiled farm bankruptcy data from the U.S. Courts at the national level. According to this data, in 2018, 498 U.S. farms filed for Chapter 12 bankruptcy, nearly constant with 501 farm bankruptcies in 2017 (a rate of about 2.5 per 10,000 farms). The continuing steady...
Financing Airport Improvements
There are five major sources of airport capital development funding: the federal Airport Improvement Program (AIP); local passenger facility charges (PFCs) imposed pursuant to federal law; tax-exempt bonds; state and local grants; and airport operating revenue from tenant lease and other revenue-generating activities such as landing fees. Federal involvement is most consequential in AIP, PFCs, and tax-exempt financing.
The AIP has been providing federal grants for airport development and planning since the passage of the Airport and Airway Improvement Act of 1982 (P.L. 97-248). AIP funding...
On March 4, 2019, President Trump notified Congress of his intent to terminate India’s and Turkey’s eligibility for the Generalized System of Preferences (GSP), a U.S. trade program that provides nonreciprocal, duty-free tariff treatment to certain products imported from designated beneficiary developing countries (BDCs), in order to grow and develop their economies. Potential eligibility changes are subject to annual review and public notice and comment. The President’s determination on India arose from a review of the country’s market access practices; for Turkey, it was due to the...
Low Interest Rates, Part 3: Potential Causes
Interest rates have been unusually low by historical standards since the 2007-2009 financial crisis, as discussed in CRS Insight IN11044, Low Interest Rates, Part 1: Economic and Fiscal Implications, by Marc Labonte. This Insight discusses various theories of why rates have been low.
Nominal Versus Real Rates
Part of the reason why nominal interest rates (the stated rate familiar to most people) have been low is because inflation has been low since the crisis. Because inflation erodes the value of the return to an investment, it is common to adjust interest rates for inflation. Even when...
Boeing 737 MAX Crashes Shake Confidence in International Air Safety
Recent foreign air disasters involving Boeing 737 Max airplanes have raised international concern about the safety of that aircraft and passenger airline safety in general. On October 29, 2018, Lion Air flight 610 crashed shortly after departure from Jakarta, Indonesia, killing all 189 on board. While the investigation of the crash is still ongoing, it has been disclosed that pilots flying the same aircraft the previous day experienced some sort of navigation system failure and that maintenance records revealed ongoing problems with the aircraft’s airspeed and angle-of-attack (AOA) sensors...
Huawei v. United States: The Bill of Attainder Clause and Huawei’s Lawsuit Against the United States
Special Counsel Investigations: History, Authority, Appointment and Removal
The Constitution vests Congress with the legislative power, which includes authority to establish federal agencies and conduct oversight of those entities. Criminal investigations and prosecutions, however, are generally regarded as core executive functions assigned to the executive branch. Because of the potential conflicts of interest that may arise when the executive branch investigates itself, there have often been calls for criminal investigations by prosecutors with independence from the executive branch. In response, Congress and the U.S. Department of Justice (DOJ) have used both...
Laws Affecting Students with Disabilities: Preschool Through Postsecondary Education
The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and the Americans with Disabilities Act (ADA) each play a significant part in federal efforts to support the education of individuals with disabilities. These statutory frameworks, while overlapping, differ in scope and in their application to students with disabilities. As a result, when students with disabilities transition between levels of schooling, the accommodations and services they must be provided under federal law may change. For example, while the IDEA, the ADA, and...
Thailand Set to Hold Long-Awaited Election
Nearly five years after the Royal Thai Army seized power in a coup d'état in 2014, the Kingdom of Thailand is officially set to hold nationwide parliamentary elections on March 24, 2019 (see Figure 1).
While the announcement comes as welcome news to many Thais, new elections may reignite political tensions and uncertainties that have been suppressed for the last four years under military rule. Thailand, a U.S. treaty ally, had emerged from the upheaval of the 1998 Asian Financial Crisis with a strongly democratic constitution and newly independent national institutions. However, political...
New Crisis Brewing in Burma’s Rakhine State?
Approximately 250 Chin and Rakhine refugees entered into Bangladesh’s Bandarban district in the first week of February, trying to escape the fighting between Burma’s military, or Tatmadaw, and one of Burma’s newest ethnic armed organizations (EAOs), the Arakan Army (AA). Bangladesh’s Foreign Minister Abdul Momen summoned Burma’s ambassador Lwin Oo to protest the arrival of the Rakhine refugees and the military clampdown in Rakhine State. Bangladesh has reportedly closed its border to Rakhine State.
U.N. Special Rapporteur on the Situation of Human Rights in Myanmar Yanghee Lee released a...
The War Powers Resolution: Concepts and Practice
This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised.
In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the...
DHS Unity of Effort: Homeland Security Issues in the 116th Congress
An unresolved debate dating from the origin of the Department of Homeland Security (DHS) is the extent of department management involvement in the functioning of departmental components. Some policy experts supported a strong management function, which would replace the leadership of the components, while others supported a limited management function that allowed DHS components to function freely in their areas of expertise, much as they had before.
Once the department was established in 2003, it became clear that a small management cadre could not provide adequate coordination of policy...
Amazon’s HQ2 and Economic Development: Perspectives and Policy Options
In February 2019, facing political and public opposition, Amazon canceled the New York portion of its planned second headquarters (HQ2). Originally announced in November 2018, HQ2 was going to be split between the Northern Virginia suburbs of Washington, DC, and Long Island City, NY, which Amazon claimed would each gain as many as 25,000 direct jobs as a result. According to its cancelation announcement, Amazon plans to proceed with its Virginia site, along with a smaller third site in Nashville also announced last November that Amazon suggested would generate 5,000 additional jobs....
Northern Ireland Peace Process: Background and Challenges
Between 1969 and 1999, almost 3,500 people died as a result of political violence in Northern Ireland, which is one of four component “nations” of the United Kingdom (UK). The conflict, often referred to as “the Troubles,” has its origins in the 1921 division of Ireland and has reflected a struggle between different national, cultural, and religious identities. Protestants in Northern Ireland (48%) largely define themselves as British and support remaining part of the UK (unionists). Most Catholics in Northern Ireland (45%) consider themselves Irish, and many desire a united Ireland...
USDA’s Actively Engaged in Farming (AEF) Requirement
In 1987, Congress enacted what is commonly known as the Farm Program Payments Integrity Act (Omnibus Budget Reconciliation Act of 1987, P.L. 100-203, §§1301-1307), which requires that an individual or legal entity be “actively engaged in farming” (AEF) to be eligible for federal commodity revenue support programs. AEF requirements apply equally to U.S. citizens, resident aliens, and foreign entities. Designing a transparent and comprehensive AEF definition has proven difficult and has evolved over the years. The current set of laws and rules governing farm program eligibility—for both...
District of Columbia Opportunity Scholarship Program (DC OSP): Overview, Implementation, and Issues
The District of Columbia Opportunity Scholarship Program (DC OSP) is the only federally funded voucher program for elementary and secondary education. It operates exclusively in the District of Columbia. The Consolidated Appropriations Act, 2004 (P.L. 108-199), which included the FY2004 District of Columbia Appropriations Act, also included the now-repealed DC School Choice Incentive Act of 2003. The DC School Choice Incentive Act initially authorized the DC OSP. Appropriations were authorized for FY2004 through FY2008. The DC OSP provides scholarships to eligible students to attend...
Israel: April 2019 Elections and Probable Indictments Against Prime Minister Netanyahu
The closely contested Israeli national elections scheduled for April 9, 2019, will have significant implications for the country’s leadership and future policies. Prime Minister Binyamin Netanyahu called for elections to take place seven months earlier than required by law, partly in hopes of winning a popular mandate to counteract legal allegations threatening his tenure. These allegations led to Attorney General Avichai Mandelblit expressing his intent, on February 28, 2019, to indict Netanyahu for bribery, fraud, and breach of trust.
If Netanyahu maintains political support from voters...
Funding for EPA Water Infrastructure: A Fact Sheet
Federal funding to assist communities with capital projects to meet the water-related goals and requirements of federal laws has been provided through programs in the Clean Water Act (CWA) and the Safe Drinking Water Act. This report provides a table showing budget requests and appropriations for the Environmental Protection Agency’s (EPA’s) water infrastructure assistance programs under these two laws since 1973.
Guatemalan President’s Dispute with the U.N. Commission Against Impunity (CICIG)
Congress has supported successive Guatemalan governments’ efforts to strengthen democratic institutions; address crime, drugs, and rule of law; and root out corruption and impunity. The current situation in Guatemala involves a January 2019 decision by President Jimmy Morales to terminate unilaterally the mandate of the U.N.-sponsored International Commission Against Impunity in Guatemala (CICIG), which has been investigating crime and corruption since 2007. Morales accused CICIG of violating Guatemala’s sovereignty, a claim U.N. Secretary-General Antonio Guterres rejected. Guatemala’s...
An Electric Grid Based on 100% Renewable Energy?
A recent assessment by the U.S. Global Change Research Program found that if greenhouse gas (GHG) emissions continue at current rates and adaptation actions are not undertaken, climate change impacts will damage U.S. infrastructure, communities, and the economy. This finding combined with significant GHG emissions from the electric power industry has led to an increased focus on U.S. energy policy. With growing amounts of today’s electricity coming from renewable sources, some stakeholders advocate a shift of U.S. national electric power generation to come from sources that do not emit...
The February 2019 Trump-Kim Hanoi Summit
Overview
On February 27 and 28, President Donald Trump and North Korean leader Kim Jong-un met in Hanoi to discuss North Korea’s nuclear and missile programs, as well as the establishment of a new relationship between the two countries. The two leaders had held one prior summit, in Singapore, in June 2018. The Hanoi summit ended earlier than scheduled, with the cancelation of both a lunch and a ceremony to sign a joint statement. President Trump and U.S. officials said that the two leaders parted amicably, and that they expected dialogue would resume at a later date. An article in North...
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Congress has historically legislated and conducted oversight on the U.S. Secret Service (USSS) because of USSS’ public mission of protecting individuals such as the President and his family, and the USSS mission of investigating financial crimes. Most recently, the 115th Congress conducted oversight on challenges facing the Service and held hearings on legislation that addressed costs associated with USSS protective detail operations and special agents’ pay. These two issues remain pertinent in the 116th Congress due to recent, but failed, attacks on USSS protectees, and the media’s...
EU Finalizes FDI Screening Framework
On February 14, 2019, the European Parliament approved a regulation (an EU law) that establishes a cooperation mechanism for screening foreign direct investment (FDI) in EU members that focuses on foreign investment in “critical technologies.” This action follows those of other jurisdictions, including the United States through enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that enhanced the role of the Committee on Foreign Investment in the United States (CFIUS), to increase scrutiny of FDI as a component of national security. The legislation was...
NAFTA is an international trade agreement among the United States, Canada, and Mexico that became effective on January 1, 1994. The agreement includes market-opening provisions that remove tariff and nontariff barriers to trade, as well as other rules affecting trade in areas such as agriculture, customs procedures, foreign investment, government procurement, intellectual property protection, and trade in services. Congress approved and implemented NAFTA in domestic law in the NAFTA Implementation Act (P.L. 103-182, 107 Stat. 2057). On May 18, 2017, U.S. Trade Representative Ambassador...
At least 17 different reports by United Nations (U.N.) entities and independent human rights organizations have been released containing allegations that certain Burmese security force officers and units committed serious human rights violations dating back to 2011. These reports name nearly 40 individuals and over 100 security units as responsible for such gross human rights violations as murder, torture, rape and other forms of sexual violence, and forced labor. Some of these individuals, including Commander-in-Chief Senior General Min Aung Hlaing, were identified in four or more of the...
P.L. 115-97 and the 2019 Federal Income Tax Filing Season for Individuals
In late 2017, a bill (H.R. 1) was enacted (P.L. 115-97) that made numerous changes to the federal income tax for individuals and businesses. For a summary of those changes, see CRS Report R45092, The 2017 Tax Revision (P.L. 115-97): Comparison to 2017 Tax Law, coordinated by Molly F. Sherlock and Donald J. Marples. (The title of the bill as passed by the House was the Tax Cuts and Jobs Act, but it was stricken before final passage under the reconciliation process used to consider the bill.)
The changes in the taxation of individual income have implications for many of the key tax elements...
Evolution of the Meaning of “Waters of the United States” in the Clean Water Act
For more than forty-five years, all three branches of government have struggled with how to interpret the meaning of “waters of the United States” in the Clean Water Act. In a shift from early water pollution legislation, the 1972 amendments to the Federal Water Pollution Control Act, which came to be known as the Clean Water Act, eliminated the requirement that federally regulated waters must be capable of being used by vessels in interstate commerce. Rather than use traditional navigability tests, the 1972 amendments redefined “navigable waters” for purposes of the Clean Water Act’s...
Grazing Fees: Overview and Issues
Charging fees for grazing private livestock on federal lands is a long-standing but contentious practice. Generally, livestock producers who use federal lands want to keep fees low, whereas conservation groups believe fees should be increased. The current formula for determining the grazing fee for lands managed by the Bureau of Land Management (BLM) and the Forest Service (FS) was established in the Public Rangelands Improvement Act of 1978 (PRIA) and continued by a 1986 executive order issued by President Reagan. The fee is based on grazing of a specified number of animals for one month,...
On January 3, 2019, the House adopted Title I of H.Res. 6, the standing rules for the House of Representatives for the 116th Congress. In addition to the standing rules, H.Res. 6 included a separate order related to the consideration of appropriations bills. This report provides information on changes to both the standing rules and separate orders that might affect the consideration of budgetary legislation in the House of Representatives. These include the following:
Deleting language in Rule X added in the 115th Congress providing for committees to include a review of authorizations for...
Final FY2019 Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations were enacted on February 15, 2019 as a part of the Consolidated Appropriations Act, 2019 (P.L. 116-6). Prior to that, the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and certain related agencies that are funded in the THUD appropriations bill were funded under a series of continuing resolutions, with the exception of the period from December 22, 2019-January 25, 2019, when funding for these agencies, as well as those generally funded in six...
The First Step Act of 2018: An Overview
On December 21, 2018, President Trump signed into law the First Step Act of 2018 (P.L. 115-391). The act was the culmination of several years of congressional debate about what Congress might do to reduce the size of the federal prison population while also creating mechanisms to maintain public safety. This report provides an overview of the provisions of the act.
The act has three major components: (1) correctional reform via the establishment of a risk and needs assessment system at the Bureau of Prisons (BOP), (2) sentencing reform via changes to penalties for some federal offenses,...
The State and Local Role in Election Administration: Duties and Structures
The administration of elections in the United States is highly decentralized. Elections are primarily administered by thousands of state and local systems rather than a single, unified national system.
States and localities share responsibility for most election administration duties. Exactly how responsibilities are assigned at the state and local levels varies both between and within states, but there are some general patterns in the distribution of duties. States typically have primary responsibility for making decisions about the rules of elections (policymaking). Localities typically...
Pipeline Security: Homeland Security Issues in the 116th Congress
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Ongoing threats against the nation’s natural gas, oil, and refined product pipelines have heightened concerns about the security risks to these pipelines, their linkage to the electric power sector, and federal programs to protect them. In a December 2018 study, the Government Accountability Office (GAO) stated that, since the terrorist attacks of September 11, 2001, “new threats to the nation’s pipeline systems have evolved to include sabotage by environmental activists and cyber attack or intrusion by nations.” In a 2018 Federal Register notice, the Transportation Security...
Sudan: Pressure Mounts on the Government
Sudan’s President Omar al Bashir, who took power in a 1989 coup, arguably faces the greatest challenge to his rule in three decades, as public pressure for a political transition mounts. Bashir’s government has been the target of near-daily protests across the country since December 19. A common refrain among the protesters is “Tasgut bas” (“Just fall, that’s all”).
Spurred by frustrations with deteriorating economic conditions, corruption, poor governance, and repression, the protests have been further fueled by the government’s response, in which more than 2,600 people reportedly have...
U.S. Foreign Assistance to Latin America and the Caribbean: FY2019 Appropriations
The United States provides foreign assistance to Latin American and Caribbean nations to support development and other U.S. objectives. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to promoting democracy and open markets since the 1990s. The Trump Administration has sought to reduce foreign aid significantly and refocus U.S. assistance efforts in the region to address U.S. domestic concerns, such as irregular migration and transnational crime.
FY2019 Budget Request
For FY2019, the Trump...
The Power Marketing Administrations: Background and Current Issues
The federal government, through the Department of Energy, operates four regional power marketing administrations (PMAs), created by statute: the Bonneville Power Administration (BPA), the Southeastern Power Administration (SEPA), the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA). Each PMA operates in a distinct geographic area. Congressional interest in the PMAs has included diverse issues such as rate setting, cost and compliance associated with the Endangered Species Act (ESA; P.L. 93-205; 16 U.S.C. §§1531 et seq.), and questions of...
Budget Issues That Shaped the 2018 Farm Bill
The farm bill is an omnibus, multiyear law that governs an array of agricultural and food programs. The farm bill has typically undergone reauthorization about every five years. The current farm bill—the Agriculture Improvement Act of 2018 (P.L. 115-334), often called the “2018 farm bill”—was enacted in December 2018 and expires in 2023. Budget for the 2018 Farm Bill (dollars in millions, FY2019-FY2023, mandatory outlays) Farm bill titlesApril 2018 baselineScore of P.L. 115-334Projected outlays at enactment
Commodities 31,340 +101 31,440
Conservation...
Suspension of the Rules: House Practice in the 114th Congress (2015-2016)
Suspension of the rules is the most commonly used procedure to call up measures on the floor of the House of Representatives. As the name suggests, the procedure allows the House to suspend its standing and statutory rules in order to consider broadly supported legislation in an expedited manner. More specifically, the House temporarily sets aside its rules that govern the raising and consideration of measures and assumes a new set of constraints particular to the suspension procedure.
The suspension of the rules procedure has several parliamentary advantages: (1) it allows nonprivileged...
The Budget and Homeland Security: Homeland Security Issues in the 116th Congress
Congress at times has sought to ascertain how much the government spends on securing the homeland, either in current terms or historically. Several factors compromise the authoritativeness of any answer to this question. One such complication is the lack of a consensus definition of what constitutes homeland security, and another is that homeland security activities are carried out across the federal government, in partnership with other public and private sector entities. This insight examines those two complicating factors, and presents what information is available on historical...
India, Pakistan, and the Pulwama Crisis
Overview
On February 14, 2019, an explosives-laden SUV rammed into a convoy carrying paramilitary police in India’s Jammu and Kashmir (J&K) state. At least 40 personnel were killed in the explosion. The suicide attacker was a member of Jaish-e-Mohammad (JeM), a Pakistan-based terrorist group that claimed responsibility for the bombing. The attack took place in Pulwama in the heart of the Kashmir Valley, site of a 30-year-old separatist conflict that pits the Indian government against Kashmiri militants who seek independence for India’s only Muslim-majority state or its merger with...
The Disaster Recovery Reform Act: Homeland Security Issues in the 116th Congress
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The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254), which became law on October 5, 2018, is the most comprehensive legislation on the Federal Emergency Management Agency’s (FEMA’s) disaster assistance programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and, previous to that, the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295). The legislation focuses on improving predisaster planning and mitigation, response, and recovery, and increasing FEMA accountability. As such, it amends...
U.S. Constitutional Limits on State Money-Bail Practices for Criminal Defendants
Money-bail systems allow criminal defendants to avoid prison while awaiting trial by posting a bond set by a fee schedule. The impact of money-bail systems on indigent criminal defendants, however, has prompted legislative interest in and legal challenges to such systems, particularly when the bail does not reflect an individual’s specific circumstances, such as potential flight risk or public safety. Critics of money-bail systems assert that fee schedules unduly burden indigent defendants, while supporters argue that fee schedules provide uniformity and ensure that defendants appear at...
Federal Disaster Assistance After Hurricanes Katrina, Rita, Wilma, Gustav, and Ike
This report provides information on federal financial assistance provided to the Gulf States after major disasters were declared in Alabama, Florida, Louisiana, Mississippi, and Texas in response to the widespread destruction that resulted from Hurricanes Katrina, Rita, and Wilma in 2005 and Hurricanes Gustav and Ike in 2008.
Though the storms happened over a decade ago, Congress has remained interested in the types and amounts of federal assistance that were provided to the Gulf Coast for several reasons. This includes how the money has been spent, what resources have been provided to...
Disaster Housing Assistance: Homeland Security Issues in the 116th Congress
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After the President issues an emergency or major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42 U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide various temporary housing assistance programs to meet disaster survivors’ needs. However, limitations on these programs may make it difficult to transition disaster survivors into permanent housing. This Insight provides an overview of the primary housing assistance programs available under the Stafford Act, and potential considerations for...
Considerations for Implementing a Small Business Disaster Grant Program
Throughout the years, Congress has expressed interest and concern for businesses recovering from disasters. For nearly a century, the federal government’s policy for providing disaster assistance to businesses has been limited primarily to low interest loans rather than grant assistance. More recently, Congress has contemplated whether grants should be made available to small businesses after a major disaster. During this debate, some have questioned why small businesses are not eligible for disaster grants when residences, nonprofit groups, and state and local governments are eligible. In...
Puerto Rico: CRS Experts and Products
SUPPRESS Puerto Rico is in the midst of a fiscal crisis resulting from economic contraction, public sector debt, outmigration, and other factors. To address the crisis, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA; P.L. 114-187), enacted on June 30, 2016. PROMESA established the Financial Oversight and Management Board for Puerto Rico (Oversight Board), created processes for adjusting the island’s public debts, among other provisions. PROMESA allocated no federal funds to Puerto Rico.
The Puerto Rican Governor was charged with developing fiscal...
Low Interest Rates, Part 2: Implications for the Federal Reserve
Interest rates have been unusually low by historical standards since the 2007-2009 financial crisis. This Insight discusses the implications for monetary policy, and it frames this discussion in terms of the neutral interest rate. It is the sequel to a previous Insight, Low Interest Rates, Part 1. For background on monetary policy, see CRS Report RL30354, Monetary Policy and the Federal Reserve: Current Policy and Conditions, by Marc Labonte.
The Neutral Interest Rate
The neutral interest rate (sometimes called r*) is conceptual and not directly observed—it is the idea that at any given...
Digital Services Taxes (DSTs): Policy and Economic Analysis
Several countries, primarily in Europe, and the European Commission have proposed or adopted taxes on revenue earned by multinational corporations (MNCs) in certain “digital economy” sectors from activities linked to the user-based activity of their residents. These proposals have generally been labeled as “digital services taxes” (DSTs). For example, beginning in 2019, Spain is imposing a DST of 3% on online advertising, online marketplaces, and data transfer service (i.e., revenue from sales of user activities) within Spain. Only firms with 750 million in worldwide revenue and 3 million...
Housing Issues in the 115th Congress
A variety of housing-related issues were active during the 115th Congress. These issues included topics related to housing finance, tax provisions related to housing, housing assistance and grant programs administered by the Department of Housing and Urban Development (HUD), and regulatory review efforts underway at HUD. In some cases, the 115th Congress considered or passed legislation related to certain housing issues, such as mortgage-related provisions enacted as part of broader financial “regulatory relief” legislation and particular housing-related tax provisions. In other cases,...
The Department of Defense (DOD) obligates more than $300 billion annually to buy goods and services, and to support research and development. Most of these acquisitions are governed by procurement statutes and regulations found in Title 10 (and parts of other select titles) of the United States Code, the Federal Acquisition Regulation (FAR), and the Defense Federal Acquisition Regulation Supplement.
Under certain circumstances, DOD can enter into an other transaction (OT) agreement instead of a traditional contract. OT agreements are generally exempt from federal procurement laws and...
Banking Policy Issues in the 116th Congress
Regulation of the banking industry has undergone substantial changes over the past decade. In response to the 2007-2009 financial crisis, many new bank regulations were implemented pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203) or under the existing authorities of bank regulators to address apparent weaknesses in the regulatory regime. While some observers view those changes as necessary and effective, others argued that certain regulations were unjustifiably burdensome. To address those concerns, the Economic Growth,...
The Defense Department and 10 U.S.C. 284: Legislative Origins and Funding Questions
Introduction
On February 15, President Donald J. Trump confirmed recent reports that described the Administration’s consideration of Department of Defense (DOD) authorities and funds to emplace physical barriers along the U.S.-Mexico border. A White House fact sheet detailed the potential availability of up to $8.1 billion “to build the border wall”—including, among other authorities and funding sources, “up to $2.5 billion under the Department of Defense funds transferred for Support for Counterdrug Activities (Title 10 United States Code, section 284).”
The full title of the referenced...
Department of Education Funding: Key Concepts and FAQ
Like most federal agencies, the Department of Education (ED) receives funds in support of its mission through various federal budget and appropriations processes. While not unique, the mechanisms by which ED receives, obligates, and expends funds can be complex. For example, ED receives both mandatory and discretionary appropriations; ED is annually provided forward funds and advance appropriations for some—but not all—discretionary programs; ED awards both formula and competitive grants; and a portion of ED’s budget subsidizes student loan costs (direct loans and loan guarantees). As...
Protection of Executive Branch Officials: Homeland Security Issues in the 116th Congress
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Due to the October 2018 attempted bombing attacks on current and former government officials (and others), there may be congressional interest in policy issues surrounding protective details for government officials. Attacks against political leaders and other public figures have been a consistent security issue in the United States. According to a 1998 U.S. Marshals Service (USMS) report, data on assassinations and assassination attempts against federal officials suggest that elected officials are more likely to be targeted than those holding senior appointed positions. Congress also...
National Preparedness Policy: Homeland Security Issues in the 116th Congress
The United States is threatened by a wide array of hazards, including natural disasters, acts of terrorism, viral pandemics, and man-made disasters, such as the Deepwater Horizon oil spill. The way the nation strategically prioritizes and allocates resources to prepare for all hazards can significantly influence the ultimate cost to society, both in the number of human casualties and the scope and magnitude of economic damage. As authorized in part by the Post-Katrina Emergency Reform Act of 2006 (PKEMRA; P.L. 109-295), the President, acting through the Federal Emergency Management Agency...
Macedonia Changes Name, Moves Closer to NATO Membership
On February 12, 2019, Macedonia formally changed its name to become the Republic of North Macedonia. The name change resolves a long-standing dispute with Greece and is expected to clear the path for North Macedonia to become NATO’s 30th member. U.S. and European Union (EU) officials believe NATO enlargement to the Western Balkans could help stabilize the region and counter Russian influence. Many Members of Congress have long supported Macedonia’s Euro-Atlantic integration.
Prespa Agreement with Greece
North Macedonia’s NATO membership bid was delayed due to a nearly three-decade...
Immigration: U.S. Asylum Policy
Asylum is a complex area of immigration law and policy. While much of the recent debate surrounding asylum has focused on efforts by the Trump Administration to address asylum seekers arriving at the U.S. southern border, U.S. asylum policies have long been a subject of discussion.
The Immigration and Nationality Act (INA) of 1952, as originally enacted, did not contain any language on asylum. Asylum provisions were added and then revised by a series of subsequent laws. Currently, the INA provides for the granting of asylum to an alien who applies for such relief in accordance with...
The Transportation Infrastructure Finance and Innovation Act (TIFIA) Program
The Transportation Infrastructure Finance and Innovation Act (TIFIA) program, administered by the Department of Transportation’s Build America Bureau, provides long-term, low-interest loans and other types of credit assistance for the construction of surface transportation projects (23 U.S.C. §601 et seq.). The TIFIA program was reauthorized from FY2016 through FY2020 in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94). Direct funding for the TIFIA program is authorized at $300 million for each of FY2019 and FY2020. Additionally, state departments of transportation can...
Selected International Insurance Issues in the 116th Congress
The growth of the international insurance market and trade in insurance products and services has created opportunities and new policy issues for U.S. insurers, Congress, and the U.S. financial system. Insurance regulation is centered on the states, with the federal government having a limited role. Although the risks of loss and the regulation may be local, the business of insurance, as with many financial services, has an increasingly substantial international component as companies and investors look to grow and diversify.
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection...
Heroin Trafficking in the United States
Over the past several years, the nation has seen an uptick in the use and abuse of opioids—both prescription opioids and non-prescription opioids such as heroin. In 2016, there were an estimated 948,000 individuals (0.4% of the 12 and older population) who reported using heroin within the past year—up from 0.2% to 0.3% of this population reporting use in the previous decade. In addition to an increase in heroin use over the past several years, there has been a simultaneous increase in its availability in the United States. The increase in availability has been fueled by a number of...
Latin America: Challenges for U.S. Policymakers in 2019
The 116th Congress faces a host of policy challenges in Latin America in 2019. Democratic practices have eroded in several countries, especially Venezuela and Nicaragua, and the region has experienced an economic slowdown and increased poverty in recent years. The flow of illicit drugs, including heroin, methamphetamine, and fentanyl from Mexico and cocaine from Colombia, continues to pose risks to U.S. public health and safety, according to the U.S. intelligence community’s 2019 Worldwide Threat Assessment.
Under the Trump Administration, the tenor of relations with Latin America has...
2019 Tax Filing Season and a Partial Government Shutdown
The possibility of a partial shutdown of the federal government beginning on February 16 is raising renewed concern about how it would affect Internal Revenue Service (IRS) operations during the 2019 tax filing season, which lasts from January 28 through April 15, for most taxpayers. Funding for the agency would lapse if Congress and the President cannot agree on a plan to fund the Treasury Department (and certain other federal agencies) beyond February 15, when a continuing resolution is due to expire. A central concern is the ability of the IRS to assist taxpayers and tax practitioners...
Where’s My Refund? A Look at Tax Refund Trends over Time and Across Income Levels
The issue of tax refunds has received robust media attention as 2018 tax returns are filed in early 2019. For individual income tax filers, 2018 was the first year in which the major changes signed into law by President Trump at the end of 2017 (P.L. 115-97) became effective.
What Determines Tax Refunds?
A taxpayer’s tax refund (or payment) in a given year is determined by
income tax liability: what a taxpayer owes in federal income tax; and
income tax withholding: the amount that the taxpayer has paid toward that tax bill during the year, often through their employer withholding...
The End of Intra-EU Investor-State Dispute Settlement (ISDS): Implications for the United States
On January 15, 2019, the 28 European Union (EU) member states declared that they will terminate all intra-European bilateral investment treaties (BITs) (i.e., those between member states) no later than December 6, 2019 (see the Declaration). The action by the EU member states is the latest in a series of actions that has altered the status of traditional investor-state-dispute settlement (ISDS) mechanisms within the European Union. ISDS mechanisms, which enable foreign investors to bring disputes with host states before independent international arbitral tribunals, have been a common...
The Federal Income Tax: How Did P.L. 115-97 Change Marginal Income Tax Rates?
At the end of 2017, President Trump signed into law P.L. 115-97, which is commonly referred to as the Tax Cuts and Jobs Act, or TCJA. (The title of the bill as passed by the House was the Tax Cuts and Jobs Act, but it was eliminated before final passage under the reconciliation process used to consider the bill in the Senate.) This law made numerous changes to the federal income tax for individuals and businesses. Of the many changes made to individual income tax provisions, the law temporarily changed marginal tax rates. These changes are currently in effect from 2018 through the end of...
Mail and Wire Fraud: An Abbreviated Overview of Federal Criminal Law
The mail and wire fraud statutes are exceptionally broad. Their scope has occasionally given the courts pause. Nevertheless, prosecutions in their name have brought to an end schemes that have bilked victims out of millions, and sometimes billions, of dollars. The statutes proscribe (1) causing the use of the mail or wire communications, including email; (2) in conjunction with a scheme to intentionally defraud another of money or property; (3) by means of a material deception. The offenses, along with attempts or conspiracies to commit them, carry a term of imprisonment of up to 30 years...
School Meals Programs and Other USDA Child Nutrition Programs: A Primer
The “child nutrition programs” refer to the U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS) programs that provide food for children in school or institutional settings. The best known programs, which serve the largest number of children, are the school meals programs: the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). The child nutrition programs also include the Child and Adult Care Food Program (CACFP), which provides meals and snacks in day care and after school settings; the Summer Food Service Program (SFSP), which provides food...
Venezuela Oil Sector Sanctions: Market and Trade Impacts
On January 28, 2019, the Trump Administration imposed sanctions on Venezuela’s state-owned oil company, Petroleos de Venezuela, S.A. (PdVSA), adding to existing Venezuela sanctions. The Department of the Treasury determined that persons (e.g., individuals and companies) operating in Venezuela’s oil sector are subject to sanctions in order to apply economic pressure on the government of Nicolas Maduro and facilitate a transition to democracy. Subsequently, Treasury’s Office of Foreign Assets Control (OFAC) added PdVSA—including all entities in which PdVSA has a 50% or more ownership...
Mail and Wire Fraud: A Brief Overview of Federal Criminal Law
The mail and wire fraud statutes are exceptionally broad. Their scope has occasionally given the courts pause. Nevertheless, prosecutions in their name have brought to an end schemes that have bilked victims out of millions, and sometimes billions, of dollars. The statutes proscribe (1) causing the use of the mail or wire communications, including email; (2) in conjunction with a scheme to intentionally defraud another of money or property; (3) by means of a material deception. The offenses, along with attempts or conspiracies to commit them, carry a term of imprisonment of up to 30 years...
Transportation Security: Issues for the 116th Congress
The nation’s air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them vulnerable to terrorist attack. While hardening the transportation sector is difficult, measures can be taken to deter terrorists. The enduring challenge facing Congress is how best to implement and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of terrorist attacks without unduly interfering with travel, commerce, and civil liberties.
Transportation security has been a major policy...
U.S. National Health Security: Homeland Security Issues in the 116th Congress
In its quadrennial National Health Security Strategy, the U.S. Department of Health and Human Services (HHS) states:
U.S. National Health Security actions protect the nation’s physical and psychological health, limit economic losses, and preserve confidence in government and the national will to pursue its interests when threatened by incidents that result in serious health consequences whether natural, accidental, or deliberate.
The strategy aims to ensure the resilience of the nation’s public health and health care systems against potential threats, including natural disasters and...
Border Security Between Ports of Entry: Homeland Security Issues in the 116th Congress
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The United States’ southern border with Mexico runs for approximately 2,000 miles over diverse terrain, varied population densities, and discontinuous sections of public, private, and tribal land ownership. The Department of Homeland Security (DHS) Customs and Border Protection (CBP) is primarily responsible for border security, including the construction and maintenance of tactical infrastructure, installation and monitoring of surveillance technology, and the deployment of border patrol agents to prevent unlawful entries of people and contraband into the United States (including...
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Human resources management (HRM) underlies the Department of Homeland Security’s (DHS) mission and performance. DHS’s Chief Human Capital Officer (CHCO) “is responsible for the Department’s human capital program,” which is described as including such elements as “human resources policy, systems, and programs for strategic workforce planning, recruitment and hiring, pay and leave, performance management, employee development, executive resources, labor relations, work/life and safety and health.”
Under Title 5, Section 1402, of the United States Code, a CHCO’s functions include...
Water Resource Issues in the 116th Congress
The 116th Congress may conduct oversight and deliberate on authorization and funding of water resource development, management, and protection. Congress engages in authorization and appropriations for water resource projects and activities of the U.S. Army Corps of Engineers (USACE) and the Bureau of Reclamation (Reclamation). USACE constructs projects nationwide, primarily to improve navigation, reduce flood damage, and restore aquatic ecosystems. Reclamation constructs projects in the 17 arid states west of the Mississippi River; these projects primarily provide water supply benefits,...
Medicare Advantage (MA)–Proposed Benchmark Update and Other Adjustments for CY2020: In Brief
Medicare Advantage (Part C, or MA) is an alternative way for Medicare beneficiaries to receive covered benefits. Under MA, private health plans are paid a per person monthly amount to provide all Medicare-covered benefits (except hospice) to beneficiaries who enroll in their plan. Unlike under original Medicare, where providers are paid for each item or service provided to a beneficiary, the same capitated monthly payment is made to an MA plan regardless of how many or how few services a beneficiary actually uses. The plan is at risk if costs for all of its enrollees exceed program...
House Offset Amendments to Appropriations Bills: Procedural Considerations
One of the most common methods for changing spending priorities in appropriations bills on the House floor is through offset amendments. House offset amendments may generally change spending priorities in a pending appropriations measure by increasing spending for certain activities (or creating spending for new activities not previously included in the bill) and offsetting the increase with funding decreases in other activities in the bill. Offset amendments are needed to avoid points of order under Sections 302(f) and 311(a) of the Congressional Budget Act, enforcing certain spending...
On February 3, 2019, Nayib Bukele, a 37-year-old former mayor of San Salvador and candidate of the Grand Alliance of National Unity (GANA) party, won El Salvador’s presidential election. Bukele garnered 53% of the vote, well ahead of Carlos Calleja, a business executive running for a conservative National Republican Alliance (ARENA)-led coalition, with 31.8%, and Hugo Mártinez, a former foreign minister of the leftist Farabundo Marti National Liberation Front (FMLN), with 14.4%. Bukele’s first-round victory occurred amid relatively low voter turnout (44.7%) during a peaceful electoral...
Venezuela: U.S. Recognizes Interim Government
Many in Congress are closely following events in Venezuela, given recent political developments that have led the United States and other governments to recognize an interim government. On January 23, 2019, amid widespread protests against the authoritarian government of President Nicolás Maduro, the president of Venezuela’s democratically elected, opposition-controlled National Assembly, Juan Guaidó, declared himself interim president of Venezuela until new presidential elections are convened. The United States, Canada, and more than 35 other countries have recognized Guaidó as the...
Science and Technology Issues in the 116th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The ubiquity and constantly changing nature of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement directly by funding and performing research and development and...
Anti-Terrorism Clarification Act of 2018 (P.L. 115-253) and U.S. Aid for the Palestinians
The Anti-Terrorism Clarification Act (ATCA, P.L. 115-253) became law on October 3, 2018. Congress passed the law in the wake of a U.S. federal court case dealing with past acts of terrorism by Palestinians (discussed below, “U.S. Policy Implications and Options”). The law amended the Anti-Terrorism Act (ATA) (at 18 U.S.C. 2334) by stating that a defendant consents to personal jurisdiction in U.S. federal court for lawsuits related to international terrorism if the defendant accepts certain types of U.S. foreign aid after the law has been in effect for 120 days.
In December, Palestinian...
LNG as a Maritime Fuel: Prospects and Policy
The combination of growing liquefied natural gas (LNG) supplies and new requirements for less polluting fuels in the maritime shipping industry has heightened interest in LNG as a maritime fuel. The use of LNG as an engine (“bunker”) fuel in shipping is also drawing attention from federal agencies and is beginning to emerge as an issue of interest in Congress.
In 2008, the International Maritime Organization (IMO) announced a timeline to reduce the maximum sulfur content in vessel fuels to 0.5% by January 1, 2020. Annex VI of the International Convention for the Prevention of Pollution...
The U.S. Intelligence Community: Homeland Security Issues in the 116th Congress
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Intelligence support of homeland security is a primary mission of the entire Intelligence Community (IC). In fulfilling this mission, changes to IC organization and process, since 9/11, have enabled more integrated and effective support than witnessed or envisioned since its inception. The terrorist attacks of 9/11 revealed how barriers between intelligence and law enforcement, which originally had been created to protect civil liberties, had become too rigid, thus preventing efficient, effective coordination against threats. In its final report, the Commission on Terrorist Attacks...
Evaluating Possible U.S. Troop Withdrawals from Hostile Areas
On December 19, 2018, President Trump announced his intention to withdraw U.S. forces from Syria within 30 days, although Administration officials subsequently suggested that the process could take several months. Subsequent press articles indicated that the White House is also considering withdrawing “up to half” of U.S. forces in Afghanistan in the coming months, although at the time of writing the Trump Administration has stated it has not yet ordered any such withdrawal. More recently, the United States has been negotiating with Afghan Taliban representatives regarding the conditions...
U.S. Withdrawal from the INF Treaty
U.S. Withdrawal
The United States will suspend its obligations under the 1987 Intermediate-Range Nuclear Forces Treaty and submit its formal notice of withdrawal to Russia on February 2, 2019. President Donald Trump first announced the U.S. withdrawal on October 20, 2018, and stated on February 1, 2019, that the United States was taking this step because Russia was violating the treaty by “developing and fielding a prohibited missile system that poses a direct threat to our allies and troops abroad.”
Under the INF Treaty, the United States and Soviet Union agreed to ban all land-based...
Background Ozone: Challenges in Science and Policy
Exposure to ozone, a common air pollutant, has been linked to early death, plant and crop damage, and damage to property. The U.S. Environmental Protection Agency (EPA) sets National Ambient Air Quality Standards (NAAQS) for ground-level ozone to protect human health and welfare with, by law, a “margin of safety.” States that contain areas with ozone concentrations above these standards must develop plans to reduce emissions and improve air quality. However, states have direct control only over emission sources located within their borders.
The Clean Air Act (CAA) requires EPA to...
Drug Trafficking at the Southwest Border: Homeland Security Issues in the 116th Congress
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The United States sustains a multi-billion dollar illegal drug market. An estimated 28.6 million Americans, or 10.6% of the population age 12 or older, had used illicit drugs at least once in the past month in 2016. The 2018 National Drug Threat Assessment indicates that Mexican transnational criminal organizations (TCOs) continue to dominate the U.S. drug market. They “remain the greatest criminal drug threat to the United States; no other group is currently positioned to challenge them.” The Drug Enforcement Administration (DEA) indicates that these TCOs maintain and expand their...
“Affirmative Action” and Equal Protection in Higher Education
When federal courts have analyzed and addressed “affirmative action” in higher education, they have done so in two distinct but related senses, both under the Fourteenth Amendment’s guarantee of “equal protection.”
The first has its roots in the original sense of “affirmative action:” the mandatory use of race by public education systems to eliminate the remnants of state-imposed racial segregation. Because state-sanctioned race segregation in public education violates the Fourteenth Amendment’s Equal Protection Clause, in certain cases involving a state’s formerly de jure segregated...
Introducing a House Bill or Resolution
Authoring and introducing legislation is fundamental to the task of representing voters as a Member of Congress. In fact, part of what makes the American political process unique is that it affords all Members an ability to propose their own ideas for chamber consideration. By comparison, most other democratic governments around the world rely on an executive official, often called a premier, chancellor, or prime minister, to originate and submit policy proposals for discussion and enactment by the legislature. Legislators serving in other countries generally lack the power to initiate...
Fifth-Generation (5G) Telecommunications Technologies: Issues for Congress
Since the first mobile phones were made available in the 1980s, telecommunication providers have been investing in mobile networks to expand coverage, improve services, and attract more users. First-generation networks supported mobile voice calls but were limited in coverage and capacity. To address those limitations, providers developed and deployed second-generation (2G) mobile networks, then third-generation (3G), and fourth-generation (4G) networks. Each generation offered improved speeds, greater capacity, and new features and services.
In 2018, telecommunication providers began...
Recent Migration to the United States from Central America: Frequently Asked Questions
Over the last decade, migration to the United States from Central America—in particular from El Salvador, Guatemala, and Honduras (known collectively as the Northern Triangle)—has increased considerably. Families migrating from this region, many seeking asylum, have made up an increasing share of the migrants seeking admission to the United States at the U.S.-Mexico border. In the past year, news reports of migrant “caravans” from the Northern Triangle traveling toward the United States have sparked intense interest and questions from Congress.
Many factors, both in their countries of...
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On October 4, 2018, President Trump released his Administration’s first National Strategy for Counterterrorism. The overarching goal of the strategy is to “defeat the terrorists who threaten America’s safety, prevent future attacks, and protect our national interests.” In describing the need for this strategy, National Security Advisor John Bolton stated that the terrorist “landscape is more fluid and complex than ever” and that the strategy will not “focus on a single organization but will counter all terrorists with the ability and intent to harm the United States, its citizens and...
Emergency Communications: Homeland Security Issues in the 116th Congress
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Overview First responders and other emergency personnel use emergency communications systems to communicate with each other during day-to-day operations and large-scale disasters. Emergency communication systems are also used to enable communications between the public and response agencies. Emergency communication systems include 911 systems that receive calls from the public, requesting assistance or reporting an emergency, and that relay those calls to response agencies (e.g., local police and fire departments); land mobile radio (LMR) systems that allow police, firefighters, and...
The Role of the House Minority Leader: An Overview
The House minority leader, the head of the “loyal opposition,” is elected every two years by secret ballot of his or her party caucus or conference. The minority leader occupies a number of important institutional and party roles and responsibilities, and his or her fundamental goal is to recapture majority control of the House.
From a party perspective, the minority leader has a wide range of assignments, all geared toward retaking majority control of the House. Five principal party activities direct the work of the minority leader. First, he or she provides campaign assistance to party...
A Possible Second U.S.-North Korea Summit: What Diplomacy Has and Hasn’t Achieved
Summary of January 2018-January 2019 Developments
In late January 2019, President Donald Trump said he would meet with North Korean leader Kim Jong-un “probably at the end of February.” The summit would be the second between the two leaders, following their summit in Singapore in June 2018. As of January 22, the White House has not detailed the substance of the planned meeting. Washington and Pyongyang appeared to reach few substantive agreements ahead of the last summit, which Trump described as a “getting to know you” occasion.
If the Trump-Kim summit occurs, it would continue the...
Latin America and the Caribbean: Issues in the 115th Congress
Geographic proximity has ensured strong linkages between the United States and Latin America and the Caribbean, based on diverse U.S. interests, including economic, political, and security concerns. The United States is a major trading partner and the largest source of foreign investment for many countries in the region, with free-trade agreements enhancing economic linkages with 11 countries. The region is a large source of U.S. immigration, both legal and illegal; proximity and economic and security conditions are major factors driving migration. Curbing the flow of illicit drugs has...
Economics of Federal User Fees
The federal government collects various fees from businesses and households. Choosing to raise public funds via user fees, as opposed to other means such as taxes, has important administrative and economic consequences. Many fees stem from “business-like activities,” in which the government provides a service or benefit in return for payment. For example, many national parks charge entry fees, which then help fund maintenance projects. Such fees and charges that result from voluntary choices, such as entering a national park, are distinguished from taxes—which stem from the government’s...
The U.S. Army and Multi-Domain Operations
What Are Multi-Domain Operations (MDO)?
According to the Army:
Multi-Domain Operations (MDO) describes how the U.S. Army, as part of the joint force [Army, Navy, Air Force, and Marines] can counter and defeat a near-peer adversary capable of contesting the U.S. in all domains [air, land, maritime, space, and cyberspace] in both competition and armed conflict. The concept describes how U.S. ground forces, as part of the joint and multinational team, deters adversaries and defeats highly capable near-peer enemies in the 2025-2050 timeframe.
MDO provides commanders numerous options for...
Brexit Deal Rejected: What Now?
Draft Agreement Fails to Gain Support
On January 15, 2019, the United Kingdom’s (UK’s) House of Commons rejected a draft agreement on the terms of the country’s withdrawal from the European Union (EU) by a vote of 432-202. Prime Minister Theresa May is to return to Parliament by January 21, 2019, to present her “plan B” for how to move forward with exiting the EU (“Brexit”) on March 29, 2019.
Brexit supporters, including the 118 members of Parliament (MPs) from May’s Conservative Party who voted against the government’s proposal, objected that the deal’s “backstop” provision, which would...
Freight Issues in Surface Transportation Reauthorization
Economic growth and expanded global trade have led to substantial increases in goods movement over the past few decades. The growth in freight transportation demand, along with growing passenger demand, has caused congestion in many parts of the transportation system, making freight movements slower and less reliable. Because the condition and performance of freight infrastructure play a considerable role in the efficiency of the freight system, federal support of freight infrastructure investment is likely to be of significant congressional concern in the reauthorization of the surface...
Federal Grants to State and Local Governments: Issues Raised by the Partial Government Shutdown
At the end of the day on December 21, 2018, the continuing appropriations measure, Making Further Continuing Appropriations for Fiscal Year 2019 (P.L. 115-298), which encompasses 7 of the 12 regular annual appropriations acts, expired. The resulting lapse in appropriations resulted in the partial shutdown of unfunded agencies beginning on December 22, 2018. Federal agencies that received their FY2019 appropriations under the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (P.L. 115-244), and the Department of Defense and Labor,...
Cuba: U.S. Policy in the 115th Congress
Cuba remains a one-party authoritarian state with a poor human rights record. Current President Miguel Díaz-Canel succeeded Raúl Castro in April 2018, although Castro is continuing as first secretary of Cuba’s Communist Party. Over the past decade, Cuba has implemented gradual market-oriented economic policy changes, but critics maintain that it has not taken enough action to foster sustainable economic growth. Most observers do not anticipate major policy changes under Díaz-Canel, at least in the short term; the president faces the enormous challenges of reforming the economy and...
Farm Bill Primer Series: A Guide to Agriculture and Food Programs in the 2014 Farm Bill
This report constitutes a guide to a series of two-page reports that examine the various programs and policies that comprise periodic omnibus legislation on farm and food policy, commonly known as “the 2014 farm bill.” The Agriculture Act of 2014 (P.L. 113-79), or 2014 farm bill, was signed into law in February 2014. Many of the programs authorized by the 2014 farm bill expired in 2018, but most were subsequently reauthorized for five years and in many cases revised or otherwise amended by the Agricultural Improvement Act of 2018 (P.L. 115-334), the 2018 farm bill, which was signed into...
Members of Congress and Administrations have periodically considered reorganizing the federal government’s trade and development functions to advance various U.S. policy objectives. The Better Utilization of Investments Leading to Development Act of 2018 (BUILD Act), which was signed into law on October 5, 2018 (P.L. 115-254), represents a potentially major overhaul of U.S. development finance efforts. It establishes a new agency—the U.S. International Development Finance Corporation (IDFC)—by consolidating and expanding existing U.S. government development finance functions, which are...
Federal Crop Insurance: Specialty Crops
The federal crop insurance program offers subsidized crop insurance policies to farmers. Farmers can purchase policies that pay indemnities when their yields or revenues fall below guaranteed levels. While the majority of federal crop insurance policies cover yield or revenue losses, the program also offers policies with other types of guarantees, such as index policies that trigger an indemnity payment based on weather conditions. The Federal Crop Insurance Corporation (FCIC), a government corporation within the U.S. Department of Agriculture (USDA), pays part of the premium—about 63%, on...
Animal and Plant Health Import Permits in U.S. Agricultural Trade
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) is the U.S. government authority tasked with regulating the import, transit, and release of regulated animals, animal products, veterinary biologics, plants, plant products, pests, organisms, soil, and genetically engineered organisms. APHIS provides scientific authorities in trade partner countries and U.S. importers with animal and plant health import regulations.
APHIS requires U.S. importers to obtain animal or plant health import permits, which verify that the items being imported meet...
Military Construction Funding in the Event of a National Emergency
The President’s reported consideration of whether to invoke various statutory authorities (including some triggered by a declaration of a national emergency) to direct the Department of Defense (DOD) to construct “a physical barrier” along the U.S.-Mexico border has raised questions about potentially available appropriated funds. This Insight identifies previous military construction projects funded through emergency authorities and unobligated military construction funding balances.
Title 10 U.S.C. Section 2808 is entitled Construction authority in the event of a declaration of war or...
Foreign Aid in the 115th Congress: A Legislative Wrap-Up in Brief
The 115th Congress enacted a range of foreign aid funding and authorizing legislation. Congress passed two State Department, Foreign Operations and Related Programs (SFOPS) appropriations bills, extended authorizations for several aid programs, enacted a number of reforms to aid programs, and created a new international development finance institution. This report summarizes legislative action related to foreign assistance in the 115th Congress. P.L. 115-31, P.L. 115-141, P.L. 115-44, P.L. 115-167, P.L. 115-198, P.L. 115-254, P.L. 115-256, P.L. 115-266, P.L. 115-305, P.L. 115-334.
Cybersecurity: Cybercrime and National Security Authoritative Reports and Resources
As online attacks grow in volume and sophistication, the United States is expanding its cybersecurity efforts. Cybercriminals continue to develop new ways to ensnare victims, whereas nation-state hackers compromise companies, government agencies, and businesses to create espionage networks and steal information. Threats come from both criminals and hostile countries, especially China, Russia, Iran, and North Korea.
Much is written on this topic, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of...
Legislative Procedure and Process Resources for Congressional Staff
Written for congressional staff, this report identifies and provides details on how to obtain information on legislative procedures and process in the House and Senate. It provides references to selected CRS products and offers information on the CRS legislative institutes. A listing of selected supplementary materials is also provided.
This report will be updated as new information is available.
Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight
The Fifth Amendment to the U.S. Constitution states that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” This provision requires that a federal prosecutor, in order to charge a suspect with a serious federal crime, secure the assent of an independent investigative and deliberative body comprising citizens drawn from the jurisdiction in which the crime would be tried. Federal grand juries serve two primary functions: (1) they aid federal prosecutors in investigating possible crimes by issuing subpoenas...
The Federal Income Tax: How Do Marginal Income Tax Rates Work?
Calculating Income Tax Liability For many taxpayers, calculating their federal income tax liability can be broken down into three main steps. Taxpayers calculate the amount of their income subject to taxation (i.e., their taxable income). Taxpayers apply marginal income tax rates to their taxable income to determine their “pre-tax credit” income tax liability. Taxpayers subtract any tax credits from their pre-tax credit income tax liability to determine their final income tax liability. Some taxpayers with more complex tax situations, including those who are subject to the alternative...
The Affordable Care Act’s (ACA’s) Employer Shared Responsibility Provisions (ESRP)
The employer shared responsibility provisions (ESRP), which often are referred to as the employer mandate, generally incentivize large employers to offer adequate and affordable health insurance coverage to their full-time employees and full-time employees’ dependents. If an applicable large employer fails to offer health insurance or offers substandard coverage to its employees, the employer may be subject to a penalty (i.e., assessment payment).
All common-law employers, including government entities (such as federal, state, local, or Indian tribal government entities), are responsible...
On January 7, a small group of Gabonese soldiers seized the state broadcasting building in Gabon’s capital, Libreville, and declared their intention to overthrow the government of President Ali Bongo Ondimba. Within hours, security forces retook the building and put down the coup attempt. The attempt followed months of political uncertainty after the president (aged 59) suffered a stroke in Saudi Arabia in October 2018; he has since remained outside the country and is currently convalescing in Morocco.
Separately, the coup attempt came days after President Trump announced the deployment,...
Strengthening America's Security in the Middle East Act of 2019 (S.1): An Overview
Overview
On January 3, 2019, Senator Marco Rubio and three cosponsors introduced S. 1, the Strengthening America's Security in the Middle East Act of 2019 (or SASME). The bill combines four legislative proposals, three of which were passed in some form by at least one chamber during the 115th Congress. While significant portions of SASME received broad bipartisan support during the 115th Congress, Members differ over whether S. 1 should be considered amidst a partial government shutdown. On January 8, cloture on the motion to proceed to Senate floor consideration of S. 1 was rejected by a...
Tribal Broadband: Status of Deployment and Federal Funding Programs
Tribal areas and communities continue to lag behind other areas and segments of American society with respect to broadband and telecommunications services. High poverty rates and low income levels in tribal lands—along with the fact that many tribal communities are located in remote rural areas (often with rugged terrain)—are major factors that may explain why tribal areas have comparatively poor levels of broadband access, and why providers may lack an economic incentive to serve those areas.
Until recently, data on tribal broadband deployment had been scarce. However, the Federal...
Romania Assumes the EU Presidency amid Domestic Turmoil
On January 1, 2019, Romania assumed the rotating presidency of the Council of the European Union (hereinafter, the EU presidency) for the first time since joining the European Union (EU) in 2007. The six-month position provides an opportunity for Romania to raise its standing within the EU. However, Romania’s EU presidency could be overshadowed by domestic political turmoil and external criticism of its recent justice reforms, which some EU and U.S. officials view as a threat to the rule of law.
EU Presidency
The Council of the EU is considered a key institution that represents EU...
U.S. Carbon Dioxide Emissions in the Electricity Sector: Factors, Trends, and Projections
International negotiations and domestic policy developments continue to generate congressional interest in current and projected U.S. greenhouse gas (GHG) emission levels. In December 2015, delegations from 195 nations, including the United States, adopted an agreement in Paris that creates an international structure for nations to pledge to abate their GHG emissions, adapt to climate change, and cooperate to achieve these ends, including financial and other support. Pursuant to that agreement, the United States pledged (in 2015) to reduce GHG emissions by 26-28% by 2025 compared to 2005...
Economic Effects of the FY2019 Government Shutdown
On December 22, 2018, funding lapsed for certain federal agencies, initiating a shutdown of those agencies. This Insight discusses how the shutdown could affect the overall economy. Official economic data will not be available for some time, and the data needed to answer some questions about the shutdown will never be available. Instead, the Insight reviews private forecasts, relevant data concepts, and evidence of the economic effects of the 16-day FY2014 shutdown (which occurred in October 2013).
For more information on government shutdowns, see CRS Report RL34680, Shutdown of the...
Democracy Promotion: An Objective of U.S. Foreign Assistance
Promoting democratic institutions, processes, and values has long been a U.S. foreign policy objective, though the priority given to this objective has been inconsistent. World events, competing priorities, and political change within the United States all shape the attention and resources provided to democracy promotion efforts and influence whether such efforts focus on supporting fair elections abroad, strengthening civil society, promoting rule of law and human rights, or other aspects of democracy promotion.
Proponents of democracy promotion often assert that such efforts are...
The SUPPORT for Patients and Communities Act (P.L.115-271): Medicare Provisions
On October 24, 2018, President Trump signed into law the Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act; P.L. 115-271). The conference report on the bill was approved by the House 393-8 on September 28, 2018, and it cleared the Senate 98-1 on October 3, 2018.
The law was enacted in response to growing concerns among the U.S. public and lawmakers about increasing numbers of drug overdose deaths. Opioid overdose deaths, in particular, have increased significantly since 2002. In 2015, an estimated 33,091 Americans...
Profiles and Effects of Retaliatory Tariffs on U.S. Agricultural Exports
Countries have imposed tariffs on U.S. agricultural products to retaliate against actions the Trump Administration took in spring 2018 to protect U.S. steel and aluminum producers and in response to Chinese intellectual property rights and technology policies. Since then, more than 800 U.S. food and agricultural products have been subject to retaliatory tariffs from China, the European Union (EU), Turkey, Canada, and Mexico. U.S. exports of those products to the retaliating countries totaled $26.9 billion in 2017, according to USDA export data. The choice of agricultural and food products...
The Opioid Epidemic and the Food and Drug Administration: Legal Authorities and Recent Agency Action
According to the Centers for Disease Control and Prevention (CDC), the annual number of drug overdose deaths in the United States involving opioids has more than quadrupled since 1999. CDC estimates that in 2016, more than 63,000 people died from a drug overdose, and approximately 42,000 of these deaths involved an opioid. In combating the opioid epidemic, one central challenge for state and federal regulators is striking a balance between taking aggressive action to fight opioid misuse and addiction, while simultaneously protecting access to medication for patients who experience severe...
Federal Support for Graduate Medical Education: An Overview
Access to health care is, in part, determined by the availability of physicians, a function of the physician supply. Policymakers have demonstrated a long-standing interest in access to care, both in general and for specific populations. Moreover, federal support for medical residency training (a.k.a., graduate medical education [GME]) is the largest source of federal support for the health care workforce. Although the health workforce includes a number of professions, the size of the federal investment in GME—estimated at $16 billion in 2015—makes it a policy lever often considered to...
Protecting Consumers and Businesses from Fraudulent Robocalls
The Telephone Consumer Protection Act of 1991 (TCPA) regulates robocalls. A robocall, also known as “voice broadcasting,” is any telephone call that delivers a prerecorded message using an automatic (computerized) telephone dialing system, more commonly referred to as an automatic dialer or “autodialer.” Robocalls are popular with many industry groups, such as real estate, telemarketing, and direct sales companies. The majority of companies who use robocalling are legitimate businesses, but some are not. Those illegitimate businesses may not just be annoying consumers—they may also be...
The Carl D. Perkins Career and Technical Education Act (Perkins Act) is the primary federal law aimed at developing and supporting career and technical education (CTE) programs at the secondary and postsecondary educational levels. Prior to the 115th Congress, the Perkins Act had most recently been reauthorized in 2006 by the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV; P.L. 109-270). In the 115th Congress, the Perkins Act was comprehensively reauthorized again, through the Strengthening Career and Technical Education for the 21st Century Act (Perkins V; P.L....
Permanent Employment-Based Immigration and the Per-country Ceiling
The Immigration and Nationality Act (INA) specifies a complex set of categories and numerical limits for admitting lawful permanent residents (LPRs) to the United States that includes economic priorities among the admission criteria. These priorities are addressed primarily through the employment-based immigration system, which consists of five preference categories. Each preference category has specific eligibility criteria; numerical limits; and, in some cases, distinct application processes. The INA allocates 140,000 visas annually for all five employment-based LPR categories, roughly...
Funding Gaps and Government Shutdowns: CRS Experts
Contacting CRS Subject Matter Experts In the event of a funding gap, the potential impacts of a government shutdown would depend on a program’s or agency’s specific circumstances and, furthermore, how relevant law is interpreted. Table 1 provides names and contact information for CRS subject matter experts on policy issues relating to funding gaps and the processes and effects that may be associated with a government shutdown. Policy areas that are identified in Table 1 include agencies and programs funded by specific regular appropriations bills; cross-cutting shutdown issues; domestic...
Membership of the 115th Congress: A Profile
This report presents a profile of the membership of the 115th Congress (2017-2018) as of December 20, 2018. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.
In the House of Representatives, there are 238 Republicans (including 1 Delegate and the Resident Commissioner of Puerto Rico), 201 Democrats (including 4 Delegates), and 5 vacant seats. The Senate has 51 Republicans, 47...
USDA’s Final Rule on Milk, Whole Grains, and Sodium in School Meals
On December 12, 2018, Agriculture Secretary Sonny Perdue announced a final rule on “flexibilities” for milk, whole grains, and sodium in child nutrition programs. The rule alters certain aspects of the nutrition standards for school meals that the U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS) updated in 2012 based on a timeline set by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296). The release of the final rule follows years of debate over the updated standards and previous actions by Congress and USDA to loosen the milk, whole grain, and sodium...
International Approaches to Digital Currencies
Since Bitcoin was introduced a decade ago, about 2,100 cryptocurrencies have been developed. Cryptocurrencies are digital representations of value that have no status as legal tender and are administered using distributed ledger technology, running on a network of independent, peer-to-peer computers. Cryptocurrencies are controversial. Some think they will revolutionize the international payments system for the better; others are skeptical of the business model, calling it a scam. The interest and debate surrounding cryptocurrencies has led some central banks to examine whether the...
Selected International Insurance Issues in the 115th Congress
The growth of the international insurance market and trade in insurance products and services has created opportunities and new policy issues for U.S. insurers, Congress, and the U.S. financial system. Insurance regulation is centered on the states, with the federal government having a limited role. While the risks of loss and the regulation may be local, the business of insurance, as with many financial services, has an increasingly substantial international component as companies and investors look to grow and diversify.
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection...
The Airline Deregulation Act of 1978 gave airlines almost total freedom to determine which domestic markets to serve and what airfares to charge. This raised the concern that communities with relatively low passenger levels would lose service as carriers shifted their operations to serve larger and often more profitable markets. To address this concern, Congress established the Essential Air Service (EAS) program to ensure that small communities that were served by certificated air carriers before deregulation would continue to receive scheduled passenger service, with subsidies if...
Legal Authorities Under the Controlled Substances Act to Combat the Opioid Crisis
According to the Centers for Disease Control and Prevention, the annual number of drug overdose deaths involving prescription opioids (such as hydrocodone, oxycodone, and methadone) and illicit opioids (such as heroin and nonpharmaceutical fentanyl) has more than quadrupled since 1999. A November 2017 report issued by the President’s Commission on Combating Drug Addiction and the Opioid Crisis also observed that “[t]he crisis in opioid overdose deaths has reached epidemic proportions in the United States ... and currently exceeds all other drug-related deaths or traffic fatalities.” How...
Refugee Admissions and Resettlement Policy
A refugee is a person fleeing his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Typically, the annual number of refugees that can be admitted into the United States, known as the refugee ceiling, and the allocation of these numbers by region are set by the President after consultation with Congress at the start of each fiscal year.
For FY2019, the worldwide refugee ceiling is 30,000. The FY2019 regional allocations are, as follows: Africa (11,000), East...
EPA’s Wood Stove / Wood Heater Regulations: Frequently Asked Questions
On March 7, 2018, the House passed H.R. 1917, a bill that would delay for three years the implementation of more stringent emission standards for new residential wood heaters. The emission standards were promulgated by the U.S. Environmental Protection Agency (EPA) in 2015, and are becoming effective through a two-step process. Step 1 standards took effect on May 15, 2015; unless delayed, more stringent Step 2 standards will become effective on May 15, 2020. EPA’s 2015 rule revises standards for wood stoves and pellet stoves that were set in 1988, and establishes standards for other types...
U.S. Trade with Major Trading Partners
U.S. world trade has grown steadily over the past decade. In 2017, the United States exported $2.4 trillion in goods and services and imported $2.9 trillion. Since 2009, when trade flows declined sharply in the midst of the financial crisis, U.S. exports have grown—in nominal terms—48.5%, while U.S. imports have grown 47.6%. More broadly, since 1960, trade relative to gross domestic product (GDP) has risen markedly. U.S. exports as a percentage of GDP expanded from 5% in 1960 to over 12% of GDP in 2017, while U.S. imports expanded from 4% to over 15% of GDP. China was the top U.S. trading...
Medicaid Supplemental Payments
Medicaid is a means-tested entitlement program that finances the delivery of primary and acute medical services, as well as long-term services and supports. Medicaid is a federal and state partnership that is jointly financed by the federal government and the states. States must follow broad federal rules to receive federal matching funds, but they have flexibility to design their own versions of Medicaid within the federal statute’s basic framework. This flexibility results in variability across state Medicaid programs.
In general, benefits are made available to Medicaid enrollees via two...
Most of the provisions in the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322), enacted on December 16, 2016, relate to the U.S. Army Corps of Engineers. However, the WIIN Act also includes a subtitle (Title II, Subtitle J, §§4001-4013) with the potential to affect western water infrastructure owned by the Bureau of Reclamation (Reclamation; part of the Department of the Interior). Three sections in Subtitle J (§4007, §4009, and §4011) made alterations that would apply throughout Reclamation’s service area, the 17 states to the west of the Mississippi River....
Intelligence Community Whistleblower Protections In Brief
Whistleblowing is “the act of reporting waste, fraud, abuse and corruption in a lawful manner to those who can correct the wrongdoing.” Intelligence Community (IC) whistleblowers are those employees or contractors working in any of the seventeen elements of the IC who reasonably believe there has been a violation of law, rule, or regulation, gross mismanagement, waste of resources, abuse of authority, or a substantial danger to public health and safety. The IC has publicly recognized the importance of whistleblowing, and supports protections for whistleblowers who conform to guidelines to...
“Waters of the United States” (WOTUS): Current Status of the 2015 Clean Water Rule
The Clean Water Act (CWA) is the principal federal law governing pollution of the nation’s surface waters. The statute protects “navigable waters,” which it defines as “the waters of the United States, including the territorial seas.” The scope of the term waters of the United States, or WOTUS, is not defined in the CWA. Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations several times as part of their implementation of the act.
Two Supreme Court rulings (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of...
Amazon HQ2 and Federal Opportunity Zone Tax Incentives
On November 13, 2018, Amazon announced that it would be splitting its second headquarters (HQ2) between Northern Virginia and Long Island City, NY. According to the company, each HQ2 site is expected to add 25,000 jobs over 12 years. Additionally, Amazon announced that it would build an “Operations Center of Excellence” that is expected to add more than 5,000 jobs in Nashville, TN. State and local governments offered Amazon a range of tax incentives, grants, and other benefits (e.g., a nearby state university “innovation campus”). Some of these incentives are performance-based and would...
In September 2017, Deputy Secretary of Defense (DSD) Patrick Shanahan issued a memorandum calling for the accelerated adoption of a Department of Defense (DOD)-wide cloud computing system. Under the Joint Enterprise Defense Infrastructure (JEDI) Cloud program, DOD seeks to “acquire a...cloud services solution that can support Unclassified, Secret, and Top Secret requirements,” with a focus on commercially available services. Significant industry and congressional attention has been focused on the JEDI Cloud contract.
What is Cloud Computing?
Broadly speaking, cloud computing refers to the...
Points of Order, Rulings, and Appeals in the House of Representatives
The Speaker usually does not take the initiative to prevent the House from considering proposals or taking actions that would violate the House’s rules. Instead, whenever a Member believes that the House’s legislative procedures are being violated in some way, or are about to be violated, that Member may insist that the House’s procedures be enforced by making a point of order against the alleged violation.
Sharing the Colorado River and the Rio Grande: Cooperation and Conflict with Mexico
The United States and Mexico share the waters of the Colorado River and the Rio Grande. A bilateral water treaty from 1944 (the 1944 Water Treaty) and other binational agreements guide how the two governments share the flows of these rivers. The binational International Boundary and Water Commission (IBWC) administers these agreements. Since 1944, the IBWC has been the principal venue for addressing river-related disputes between the United States and Mexico. The 1944 Water Treaty authorizes the IBWC to develop rules and to issue proposed decisions, called minutes, regarding matters...
U.S. Foreign Aid to the Palestinians
In calendar year 2018, the Trump Administration has significantly cut funding for the Palestinians during a time of tension in U.S.-Palestinian relations. Statements by President Trump suggest that the Administration may seek via these cuts to persuade the Palestine Liberation Organization (PLO) to participate in U.S.-led diplomacy on the Israeli-Palestinian peace process. Despite the funding cuts, PLO Chairman and Palestinian Authority (PA) President Mahmoud Abbas and other PLO/PA officials have not reversed their decision to break off diplomatic contacts with the United States, which...
USDA Domestic Food Assistance Programs: FY2018 Appropriations
The Consolidated Appropriations Act, 2018 (P.L. 115-141) was enacted on March 23, 2018. This omnibus bill included appropriations for the U.S. Department of Agriculture (USDA), of which USDA’s domestic food assistance programs are a part. Prior to its enactment, the federal government had continued to operate for the first six months of the fiscal year under continuing resolutions (CRs). This report focuses on the enacted appropriations for USDA’s domestic food assistance programs and, in some instances, policy changes provided by the omnibus law. CRS Report R45128, Agriculture and Related...
U.S. Farm Income Outlook for 2018
According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $66.3 billion in 2018, down over $9 billion (-12%) from last year. The forecast decline in 2018 net farm income is the result of a small increase in gross returns (up $5.8 billion or +1.3%)—including the initial tranche of payments under the trade aid package announced by USDA in July 2018—offset by higher production expenses (up $14.9 billion or +4.2%). Net farm income is calculated on an accrual basis. Net cash income (calculated on a cash-flow basis) is...
Speaking on the House Floor: Gaining Time and Parliamentary Phraseology
House rules and precedents structure Members’ opportunities to speak on the floor about pending legislation. Under some circumstances, Members arrange to speak on legislation by communicating with the leaders of the committee that reported the bill. Sometimes the arrangements can be made on the floor during the debate, and at other times they are made prior to floor consideration. The committee leaders from both sides of the aisle manage the consideration of a bill on the floor, under what is known as controlled time, by allocating the debate time among several Members.
In certain other...
Shutdown of the Federal Government: Causes, Processes, and Effects
When federal agencies and programs lack funding after the expiration of full-year or interim appropriations, the agencies and programs experience a funding gap. If funding does not resume in time to continue government operations, then, under the Antideficiency Act, an agency must cease operations, except in certain situations when law authorizes continued activity. Funding gaps are distinct from shutdowns, and the criteria that flow from the Antideficiency Act for determining which activities are affected by a shutdown are complex.
Failure of the President and Congress to reach agreement...
Yemen: Peace Talks and Current Congressional Action
Overview
On December 6, 2018, the warring parties to the conflict in Yemen convened in Sweden under the auspices of the United Nations to discuss various de-escalation proposals and a possible road map to a comprehensive peace settlement. The 10-day talks are the first formal negotiations since 2016, and they coincide with Senate consideration of several pieces of legislation that would, among other things, endorse United Nations-led efforts for a comprehensive political settlement to the conflict in Yemen and censure Saudi Arabia for the killing of Saudi journalist Jamal Khashoggi.
These...
Buprenorphine and the Opioid Crisis: A Primer for Congress
Buprenorphine is a medication used to treat adults addicted to opioids (it is also used in the treatment of pain). Buprenorphine’s effectiveness, safety, and availability in the treatment of opioid addiction are of considerable interest to policymakers seeking to address the ongoing opioid epidemic in the United States. Congressional actions taken in recent years to address the opioid crisis have included attempts to increase access to buprenorphine. This report addresses questions policymakers may have about the effectiveness of buprenorphine, the demand for buprenorphine, and access to...
Advanced Gene Editing: CRISPR-Cas9
Scientists have long sought the ability to control and modify DNA—the code of life. A gene editing technology known as CRISPR-Cas9 offers the potential for substantial improvement over other gene editing technologies in that it is simple to use and inexpensive and has a relatively high degree of precision and efficiency. These characteristics have led many in the scientific and business communities to assert that CRISPR-Cas9 will lead to groundbreaking advances in many fields, including agriculture, energy, ecosystem conservation, and the investigation, prevention, and treatment of...
The Special Registration for Telemedicine: In Brief
Suppress:
In response to the concerns about the opioid epidemic, the Trump Administration proposed expanding access to telemedicine services such as for the prescribing of medicine used for substance abuse or mental health treatment. Telemedicine is the electronic delivery of a clinical health care service via a technological method. Section 311(h)(1) of the Controlled Substance Act (CSA), which was added by Section 3 of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Ryan Haight Act; P.L. 110-425), authorized the special registration for telemedicine with the goal of...
The Use of Modified Adjusted Gross Income (MAGI) in Federal Health Programs
Certain portions of federal health programs rely on means testing for eligibility and other purposes. Medicare premiums, the individual mandate exemptions and penalties, eligibility and amounts for tax credits for health insurance exchange coverage, and Medicaid eligibility are determined, in part, using modified adjusted gross income (MAGI). MAGI is a concept that is used throughout federal tax law and certain federal programs. There is no uniform definition of MAGI; rather, the term has different definitions depending on the purpose for which it is being calculated.
For each of these...
Venue: A Legal Analysis of Where a Federal Crime May Be Tried
The United States Constitution assures those charged with a serious federal crime that they will be prosecuted in the state and district in which the crime occurred. A crime occurs in any district in which any of its “conduct” elements are committed. Some offenses are committed entirely within a single district; there they may be tried. Other crimes have elements that have occurred in more than one district. Still other crimes have been committed overseas and so have occurred outside any district. Statutory provisions, court rules, and judicial interpretations implement the Constitution’s...
The Pregnancy Assistance Fund: An Overview
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) established the Pregnancy Assistance Fund (PAF) to assist vulnerable individuals and their families during the transition to parenthood. Specifically, the program serves expectant and parenting teens, women, fathers, and their families. This includes women of any age who are survivors of domestic violence, sexual violence, sexual assault, and stalking. The PAF program focuses on meeting the educational, social service, and health needs of eligible individuals and their children during pregnancy and the postnatal...
Venue: An Abridged Legal Analysis of Where a Federal Crime May Be Tried
The United States Constitution assures those charged with a serious federal crime that they will be prosecuted in the state and district in which the crime occurred. A crime occurs in any district in which any of its “conduct” elements are committed. Some offenses are committed entirely within a single district; there they may be tried. Other crimes have elements that have occurred in more than one district. Still other crimes have been committed overseas and so have occurred outside any district. Statutory provisions, court rules, and judicial interpretations implement the Constitution’s...
Congressional Oversight of Intelligence: Background and Selected Options for Further Reform
Prior to the establishment of the Senate Select Committee on Intelligence (SSCI) and the House Permanent Select Committee on Intelligence (HPSCI) in 1976 and 1977, respectively, Congress did not take much interest in conducting oversight of the Intelligence Community (IC). The Subcommittees on the Central Intelligence Agency (CIA) of the congressional Armed Services Committees had nominal oversight responsibility, though Congress generally trusted that IC could more or less regulate itself, conduct activities that complied with the law, were ethical, and shared a common understanding of...
The G-20 Summit and Trump-Xi Meeting in Buenos Aires: Key Outcomes
Argentina hosted the annual Group of 20 (G-20) summit on November 30 and December 1 in Buenos Aires. The G-20 is a forum for advancing international economic cooperation and coordination among 20 major economies, including the United States, that together account for about 85% of global economic output. In recent years, the G-20 has also increasingly become a forum for discussing pressing foreign policy issues. Although Argentina set the agenda for 2018, proposing a focus on the future of work, infrastructure development, and food security, most attention in the lead-up to the summit...
Presidential State Funerals: Past Practices and Security Considerations
On November 30, 2018, former President George H.W. Bush died. In the tradition of past presidential deaths, President Bush will receive a state funeral (designated as a National Special Security Event), which includes several ceremonial events in Washington, DC, prior to his burial at the George H.W. Bush Presidential Library Center at Texas A&M University in College Station, TX. The state funeral process is carried out by the Joint Task Force-National Capital Region, a division of the Military District of Washington (MDW). The official schedule for President Bush’s state funeral is...
U.S. Trade Trends and Developments
Summary
The United States is the world’s biggest economy (in nominal dollars), leading trading nation (goods and services), and largest source of and destination for foreign direct investment. The U.S. output of goods and services, or gross domestic product (GDP), totaled $19.5 trillion in 2017. That is almost the combined GDP in nominal dollars of the next three largest economies. All told, the United States, with close to 5% of the world’s population, accounted for almost 25% of the world’s output and more than 16% of its growth in 2017. While the United States is the world’s largest...
Russia’s Use of Force Against the Ukrainian Navy
Naval Incident Escalates Tensions
On November 25, 2018, Russian coast guard vessels in the Black Sea forcibly prevented two small Ukrainian armored artillery boats and a tugboat from transiting the Kerch Strait en route to the Ukrainian port of Berdyansk, on the Sea of Azov, according to official Ukrainian and Russian reports (see Figure 1). After ramming the tugboat and blockading all three boats for hours, the Russian vessels reportedly fired on them as they sought to leave the area, injuring six sailors. The Ukrainian boats and their 24 crew members were detained and taken to Kerch, in...
On October 24, 2018, President Donald J. Trump signed into law H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (P.L. 115-271; the SUPPORT for Patients and Communities Act, or the SUPPORT Act).
The SUPPORT Act is a sweeping measure designed to address widespread overprescribing and abuse of opioids in the United States. The act includes provisions involving law enforcement, public health, and health care financing and coverage. Broadly, the legislation imposes tighter oversight of opioid production and...
The European Union: Ongoing Challenges and Future Prospects
The European Union (EU) is a unique partnership in which member states have pooled sovereignty in certain policy areas and harmonized laws on a wide range of economic and political issues. The EU is the latest stage in a process of European integration begun after World War II, initially by six Western European countries, to promote peace, security, and economic development. The EU currently consists of 28 member states, including most of the formerly communist countries of Central and Eastern Europe.
The EU is largely viewed as a cornerstone of European stability and prosperity. For much...
Cybersecurity: Critical Infrastructure Authoritative Reports and Resources
Critical infrastructure is defined in the USA PATRIOT Act (P.L. 107-56, §1016(e)) as “systems and assets, physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health and safety, or any combination of those matters.”
Presidential Decision Directive 63, or PDD-63, identified activities whose critical infrastructures should be protected: information and communications; banking and finance; water supply; aviation, highways, mass transit,...
Trends in Social Security Disability Insurance Enrollment
The Social Security Disability Insurance (SSDI) program pays cash benefits to non-elderly workers and their dependents provided that the workers have paid into the Social Security system for a sufficient number of years and are determined to be unable to continue performing substantial work because of a qualifying disability. The total number of disabled-worker beneficiaries was approximately 2.7 million in 1985, peaked at approximately 9.0 million in 2014, and then declined over the last three years by nearly 0.3 million. In December 2017, 8.7 million disabled workers received SSDI...
Commercial Space: Federal Regulation, Oversight, and Utilization
U.S. companies have always been involved in spaceflight as contractors to government agencies. Increasingly, though, space is becoming commercial. A majority of U.S. satellites are now commercially owned, providing commercial services, and launched by commercial launch providers. Congressional and public interest in space is also becoming more focused on commercial activities, such as companies developing reusable rockets or collecting business data with fleets of small Earth-imaging satellites. This report addresses two distinct but closely related topics: how the federal government...
After Prudential, Are There Any Systemically Important Nonbanks?
During the 2008 financial crisis, problems at AIG, Bear Stearns, and Lehman Brothers led to broader financial instability or government “bailouts” in order to prevent instability. At the time, these firms were nonbank financial institutions and not generally subject to effective safety and soundness regulation on a consolidated basis.
The Dodd Frank Act (P.L. 111-203) provided the Financial Stability Oversight Council (FSOC) with the authority to designate nonbanks for enhanced prudential oversight by the Federal Reserve as systemically important financial institutions (SIFIs). Since...
The Office of the Parliamentarian in the House and Senate
The House and the Senate each has an Office of the Parliamentarian to provide expert advice and assistance on questions relating to the meaning and application of that chamber’s legislative rules, precedents, and practices. The Speaker began naming a parliamentarian in 1927; the Senate first formally recognized its parliamentarian in 1935.
The responsibilities of the two offices are similar. These derive from the need of Representatives and Senators, and their staff, for access to confidential and nonpartisan expertise regarding the intricacies of the legislative process. The...
Government Contract Bid Protests: Analysis of Legal Processes and Recent Developments
In FY2017, the federal government obligated approximately $500 billion to procure goods and services. Federal procurement statutes and regulations—notably the Competition in Contracting Act of 1984 (CICA) and the Federal Acquisition Regulation (FAR), the government-wide regulation that generally applies to acquisitions by executive branch agencies—establish largely uniform policies and procedures for how federal executive agencies acquire goods and services. The purpose of these standards is to guide the acquisition system “to deliver on a timely basis the best value product or service to...
UK Parliament to Vote on Withdrawal Agreement
Four months away from the United Kingdom’s (UK’s) expected withdrawal from the European Union (EU), discord and uncertainty remain central themes in the analysis of “Brexit.” The efforts of UK and EU negotiators to reconcile a complex set of competing interests and preferences have produced a 585-page draft withdrawal agreement and a 26-page political declaration on the future UK-EU relationship. EU leaders signed off on the deal in late November 2018, leaving a vote by the European Parliament as the final step for approval by the EU before the...
Background
On July 19, 2018, the House passed H.R. 6147, which included an FY2019 Financial Services and General Government (FSGG) appropriations bill (originally H.R. 6258) as Division B. The Senate passed a substitute version of H.R. 6147 on August 1, 2018, with the Senate FY2019 FSGG bill (originally S. 3107) as Division B. No full-year FY2019 FSGG bill was enacted prior to the end of FY2018. The FSGG agencies were provided continuing appropriations until December 7, 2018, in Division C of P.L. 115-245.
Although financial services are a focus of the FSGG bill, the bill does not include...
The adequacy of federal investment in physical sciences and engineering (PS&E) basic research is a long-standing concern of many in industry and academia. This topic received much attention in the early 2000s due to perceived underinvestment in these disciplines. Many Members of Congress, industry leaders, and science and technology policy analysts asserted that the long-term competitive position and national security of the United States depended in large measure on the rapid increases in federal funding for PS&E. PS&E research provides the foundation for materials, products, and...
FY2018 and FY2019 Agriculture Appropriations: Federal Food Safety Activities
The Agriculture appropriations bill—formally known as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act—funds the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), excluding the U.S. Forest Service. Congress enacted the FY2018 agriculture appropriation in March 2018 as part of the Consolidated Appropriations Act, 2018 (P.L. 115-141, Division A). Both the House and the Senate Appropriations Committees have reported Agriculture appropriations bills for FY2019 (H.R. 5961, S. 2976). The Senate amended and...
Medicaid Alternative Benefit Plan Coverage: Frequently Asked Questions
Medicaid is a federal-state program that finances the delivery of primary and acute medical services, as well as long-term services and supports, to a diverse low-income population, including children, pregnant women, adults, individuals with disabilities, and people aged 65 and older. Medicaid is financed jointly by the federal government and the states. Federal Medicaid spending is an entitlement, with total expenditures dependent on state policy decisions and use of services by enrollees.
State participation in Medicaid is voluntary, although all states, the District of Columbia, and...
Energy Savings Performance Contracts (ESPCs) and Utility Energy Service Contracts (UESCs)
Many in Congress have expressed a continuing interest in improving energy efficiency and increasing the use of renewable energy. To facilitate investment in energy efficiency and renewable energy at federal facilities, Congress established alternative financing methods that utilize private sector resources and capabilities. Two such alternative financing methods are energy savings performance contracts (ESPCs) and utility energy service contracts (UESCs).
ESPCs and UESCs are contracts between a federal agency and another party—an energy service company or a utility, depending upon the...
Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program: Background and Funding
The federal Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program supports home visiting services for families with young children who reside in communities that have concentrations of poor child health and other indicators of risk. Home visits are conducted by nurses, mental health clinicians, social workers, or paraprofessionals with specialized training. Generally, they visit the homes of eligible families on a regular basis (e.g., weekly or monthly) over an extended period (e.g., six months or longer) to provide support to caregivers and children, such as guidance on...
Election Policy on the November 2018 Ballot
On November 6, voters in some states did not just vote on the policymakers who will represent them. They also made policy themselves, by approving or rejecting ballot measures.
Some of the measures on state ballots included provisions that would affect the conduct of federal elections. Most of those measures succeeded. Thirteen state measures with implications for federal elections were on the ballot in 10 states, and 12 were approved.
What Are Ballot Measures?
Ballot measures are policy questions that are decided by popular vote. Local measures are voted on by residents of a locality,...
Cybersecurity: Data, Statistics, and Glossaries
This report describes data and statistics from government, industry, and information technology (IT) security firms regarding the current state of cybersecurity threats in the United States and internationally. These include incident estimates, costs, and annual reports on data security breaches, identity thefts, cybercrimes, malware, and network securities.
Much is written on this topic, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of these sources are listed in reverse chronological order, with...
The nexus of robotics and autonomous systems (RAS) and artificial intelligence (AI) has the potential to change the nature of warfare. RAS offers the possibility of a wide range of platforms—not just weapon systems—that can perform “dull, dangerous, and dirty” tasks—potentially reducing the risks to soldiers and Marines and possibly resulting in a generation of less expensive ground systems. Other nations, notably peer competitors Russia and China, are aggressively pursuing RAS and AI for a variety of military uses, raising considerations about the U.S. military’s response—to include...
Unemployment Insurance: Legislative Issues in the 115th Congress
The 115th Congress continues to consider many issues related to the two major components of the unemployment insurance (UI) system: Unemployment Compensation (UC) and Extended Benefits (EB). This report begins with a brief overview of the UI programs that may provide benefits to eligible unemployed workers. It provides information on legislation enacted in the 115th Congress related to UI programs. In addition, this report includes short summaries of legislative proposals introduced in the 115th Congress as a well as UI proposals included in the President’s budget for FY2019.
President...
Federal law permits states to restrict an individual’s Unemployment Compensation (UC) benefit eligibility for certain circumstances related to the “fact or cause” of unemployment; this includes situations in which an individual was fired for drug use or refusing to take a drug test. Most states have specific disqualifications for drug-related job loss (see Table 5-8 in the hyperlink), including reporting to work under the influence of drugs/alcohol; violating the employer’s drug policy, including refusing to undergo drug or alcohol testing; or having tested positive for drugs or alcohol...
FY2017 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), is the primary source of federal aid to K-12 education. The Title I-A program is the largest grant program authorized under the ESEA. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families. Title I-A was funded at $15.5 billion for FY2017.
Under current law, the U.S. Department of Education (ED) determines...
California Wildfires: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of the major disaster declaration issued for the ongoing wildfires in California. It also provides links to selected CRS products related to the disaster.
As authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, President Trump issued a major disaster declaration on November 12, 2018. The major disaster declaration allows for the broadest range of assistance to be made available to state and local governments; private, nonprofit organizations; and individuals. The major disaster declaration also...
Teacher Preparation Policies and Issues in the Higher Education Act
Approximately 26,000 state-approved teacher preparation programs are in operation across the United States. Among these, about 70% are traditional teacher preparation programs—that is, they are contained within schools of education at institutions of higher education (IHEs). Of the remaining, alternative routes to teacher preparation, about two-thirds are based at an IHE and about one-third are operated independent of an IHE.
The Higher Education Act of 1965 (HEA, P.L. 89-329, as amended), includes financial support and accountability provisions intended to improve the quality of teacher...
Serbia: Background and U.S. Relations
Following the conflicts in the 1990s in the countries of the former Yugoslavia, the prospect of membership in the Euro-Atlantic community and the active presence of the United States and European Union (EU) in the Western Balkans provided a level of stability that allowed most of the countries of the region to adopt economic and political reforms. During this time, Slovenia and Croatia joined the EU. These countries, along with Albania and Montenegro, also joined NATO. Other countries of the Balkans are pursuing EU and NATO membership.
However, many observers in Europe and the United...
Brazil’s Presidential Election
Brazil—the fifth most populous country and ninth-largest economy in the world—held presidential, legislative, and state elections in October 2018. Antiestablishment sentiment carried the day, as voters elected Jair Bolsonaro, a far-right populist, to the presidency and replaced nearly half of congress. The results could have significant implications for Brazil’s domestic policies as well as its relationship with the United States.
Domestic Context
The 2018 election took place as Brazil was struggling to emerge from a series of domestic crises. The country fell into a deep recession in...
On October 24, 2018, President Trump signed into law H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (P.L. 115-271; the SUPPORT for Patients and Communities Act, or the SUPPORT Act).
The SUPPORT Act is a sweeping measure designed to address widespread overprescribing and abuse of opioids in the United States. The act includes provisions involving law enforcement, public health, and health care financing and coverage. Broadly, the legislation imposes tighter oversight of opioid production and distribution; imposes...
Senate Rules Affecting Committees
The Senate imposes some general procedural requirements and prohibitions on its committees, but, in general, the Senate’s rules allow each of its standing committees to decide how to conduct business. Most of the chamber’s requirements for committees are found in Senate Rule XXVI. Because the committees are agents of the Senate, they are obligated to comply with all Senate directives that apply to them.
This report identifies and summarizes the provisions of the Senate’s standing rules, standing orders, precedents, and other directives that relate to legislative activity in the Senate’s...
Points of Order, Rulings, and Appeals in the Senate
The Senate’s presiding officer typically does not have responsibility for proactively ensuring that matters under consideration comply with the rules. Instead, Senators may enforce the Senate’s legislative rules and precedents by making points of order whenever they believe that one of those rules or precedents is, or is about to be, violated. Under some circumstances, a ruling by the presiding officer determines whether or not the point of order is well taken. Under others, the Senate itself decides the point of order, usually by majority vote.
Senate Rule XX states in part that “[a]...
Congressional committee hearings may be broadly classified into four types: legislative, oversight, investigative, and confirmation. Hearings may be held on Capitol Hill or elsewhere (e.g., a committee member’s district or state, or a site related to the subject of the hearing). These latter hearings are often referred to as field hearings.
It has been over 40 years since British Airways’ first Concorde passenger flight took off in 1976. So far the Concorde is the only commercial supersonic passenger aircraft to travel at more than twice the speed of sound. It was a technological accomplishment but not a commercial success. In 2003, all Concorde aircraft were taken out of service.
Recent years have seen a revival of interest in supersonic aircraft. Several startup companies are developing new supersonic commercial and business jets, hoping technological advances in materials, design, and engine efficiency will make it...
Acute Flaccid Myelitis: How CDC Assists States in Investigating Emerging Diseases
Concern has grown over the recent increase in Acute Flaccid Myelitis (AFM) cases around the country. According to the Centers for Disease Control and Prevention (CDC), AFM is a rare condition with no specific treatment that mostly impacts children. AFM affects a person’s nervous system, particularly the gray matter of the spinal cord, causing weakness in the arms and legs along with other symptoms. Media reports often refer to AFM as a “polio-like condition” because its symptoms mirror those associated with poliovirus infection. To date, all AFM cases have tested negative for poliovirus,...
Presidential Proclamation on Unlawful Border Crossers and Asylum
On November 9, 2018, President Donald Trump issued a presidential proclamation to immediately suspend the entry of foreign nationals (aliens) who cross into the United States at the U.S.-Mexico border without inspection. The pronouncement further references that those who enter in contravention of the suspension will be ineligible for asylum under an interim final rule issued jointly by the Departments of Homeland Security and Justice on that same date. The proclamation and the rule are being challenged in federal court.
In the words of the proclamation, its issuance was prompted by the...
Lame Duck Sessions of Congress Following a Majority-Changing Election: In Brief
“Lame duck” sessions of Congress take place whenever one Congress meets after its successor is elected but before the term of the current Congress ends. Their primary purpose is to complete action on legislation. They have also been used to prevent recess appointments and pocket vetoes, to consider motions of censure or impeachment, to keep Congress assembled on a standby basis, or to approve nominations (Senate only). In recent years, most lame duck sessions have focused on program authorizations, trade-related measures, appropriations, and the budget.
From 1940 to 2016, there were 21...
Legislative Branch: FY2019 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The FY2019 legislative branch budget request of $4.960 billion was submitted on February 12, 2018. The budget request levels were developed prior to the...
The Trump Administration Directives on Western Water
On October 19, 2018, the Trump Administration released a Presidential Memorandum directing federal agencies to address regulations that burden federal water projects in California and complete biological opinions under the Endangered Species Act (ESA; 16 U.S.C. §§1531 et seq.) for specific federal water projects in the western United States. Affected projects include the California Central Valley Project (CVP), the Klamath Irrigation Project in Oregon, and the Columbia River Basin water system in the Pacific Northwest. The White House memorandum does not carry the force of law nor is it a...
House Committee Funding: Description of Process and Analysis of Disbursements
Funding for House committees (except for the Committee on Appropriations) follows a two-step process of authorization and appropriation. Operating budgets for all standing and select committees of the House (except for the Committee on Appropriations) are authorized pursuant to a simple resolution, and funding is provided in the Legislative Branch Appropriations bill and other appropriations acts. Subsequent resolutions may change committee authorizations.
On March 17, 2017, the House adopted H.Res. 173, providing for the expenses of certain committees of the House of Representatives in...
Senate Committee Funding: Description of Process and Analysis of Disbursements
Funding for Senate committees (except for the Committee on Appropriations and the Select Committee on Ethics) follows a two-step process of authorization and appropriation. Operating budgets for all standing and select committees of the Senate (except for the Committee on Appropriations and the Select Committee on Ethics) are authorized pursuant to a simple resolution, and funding is typically provided in the annual Legislative Branch Appropriations Act and other appropriations bills.
On February 28, 2017, the Senate agreed by unanimous consent to S.Res. 62, which authorized a total of...
Poverty in the United States in 2017: In Brief
In 2017, approximately 39.7 million people, or 12.3% of the population, had incomes below the official definition of poverty in the United States. Poverty statistics provide a measure of economic hardship. The official definition of poverty for the United States uses dollar amounts called poverty thresholds that vary by family size and the members’ ages. Families with incomes below their respective thresholds are considered to be in poverty. The poverty rate (the percentage that was in poverty) fell from 12.7% in 2016. This was the third consecutive year since the most recent recession...
Marijuana Legalization in Canada: Implications for U.S. Policy and International Drug Control
On October 17, 2018, Canada became the second country—after Uruguay in 2013—to legalize and regulate the production, distribution, and possession of marijuana for recreational purposes. The measure comes at a time when other countries are questioning their drug policies and U.S. states are forging policy paths that diverge from federal law. These developments have spurred questions from Congress regarding their potential implications for U.S. domestic and international drug policy.
Canada’s Cannabis Act
Canada’s Cannabis Act allows individuals 18 years of age or older to purchase...
Impact Aid, Title VII of the Elementary and Secondary Education Act: A Primer
The Impact Aid program, administered by the U.S. Department of Education (ED) and authorized by Title VII of the Elementary and Secondary Education Act (ESEA), was originally established in 1950 by P.L. 81-815 and P.L. 81-874, 15 years prior to the enactment of the ESEA. Impact Aid compensates local educational agencies (LEAs) for a “substantial and continuing financial burden” resulting from federal activities. These activities include federal ownership of certain lands, as well as the enrollments in LEAs of children whose parents work or live on federal property and children living on...
Robbery, Extortion, and Bribery in One Place: A Legal Overview of the Hobbs Act
The Hobbs Act proscribes obstructing commerce by means of robbery or extortion or attempting or conspiring to do so. The Act applies to individuals and legal entities alike. It permits prosecutions, although the impact on commerce may be minimal. It condemns the robbery—knowingly taking the property of another by force or threat—of drug dealers, mom-and-pop markets, and multinational corporations.
Attempted Hobbs Act robbery consists of an intent to rob, coupled with a substantial step toward that objective; conspiracy, a scheme of two or more to rob or extort; and accomplice liability,...
The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law
The Constitution permits Congress to authorize the use of the militia “to execute the Laws of the Union, suppress Insurrections and repel Invasions.” And it guarantees the states protection against invasion or usurpation of their “republican form of government,” and, upon the request of the state legislature, against “domestic violence.” These constitutional provisions are reflected in the Insurrection Acts, which have been invoked numerous times both before and after passage of the Posse Comitatus Act, 18 U.S.C. Section 1385, in 1878. Congress has also enacted a number of statutes that...
The Posse Comitatus Act and Related Matters: A Sketch
The Posse Comitatus Act states that “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in...
Party Leaders in the House: Election, Duties, and Responsibilities
Each major party in the House has a leadership hierarchy. This report summarizes the election, duties, and responsibilities of the Speaker of the House, the majority and minority leaders, and the whips and whip system. For a listing of all past occupants of congressional party leadership positions, see CRS Report RL30567, Party Leaders in the United States Congress, 1789-2017, by Valerie Heitshusen.
21st Century U.S. Energy Sources: A Primer
Since the start of the 21st century, the U.S. energy system has seen tremendous changes. Technological advances in energy production have driven changes in energy consumption, and the United States has moved from being a growing net importer of most forms of energy to a declining importer—and possibly a net exporter in the near future. The United States remains the second largest producer and consumer of energy in the world, behind China.
The U.S. oil and natural gas industry has gone through a “renaissance” of production. Technological improvements in hydraulic fracturing and horizontal...
Guide to Individuals Seated on the House Dais
The House of Representatives meets in the House chamber of the Capitol. In the front of the chamber is a three-tiered, elevated dais. Seated or standing at a sizable lectern (the height of which is adjustable) on the top level of the dais is the presiding officer. Members of the House sit in bench-style unassigned seats arranged in a semicircle facing the presiding officer. Facing the dais, Republicans traditionally sit to the right of the center aisle, Democrats to the left.
Guide to Individuals Seated on the Senate Dais
The Senate meets in the Senate chamber of the Capitol. Seated at the head of the chamber on the top of a two-tiered dais is the presiding officer. Members are assigned to the 100 desks that are arranged in a semicircle facing the presiding officer. The center aisle in the Senate chamber divides the political parties. Facing the presiding officer, Republicans sit to the right of the center aisle, Democrats to the left. Senior Members usually sit the closest to the dais and along the center aisle, although some choose other desks. The party floor leaders occupy the front aisle desks, which...
Hurricane Michael: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of emergency and major disaster declarations relevant to Hurricane Michael, and selected federal resources and links to CRS products related to Stafford Act declarations, disaster response, and recovery.
Hurricane Michael made landfall on the panhandle of Florida as a category 4 on October 10, 2018 and affected parts of Georgia. In anticipation of the landfall, President Trump issued an emergency declaration to Florida on October 7, 2018. On October 11, 2018, the President issued an emergency declaration to Georgia, and issued a major...
National and International Educational Assessments: Overview, Results, and Issues
U.S. students participate in many assessments to track their educational achievement. Perhaps the most widely discussed of these are statewide assessments required by the Elementary and Secondary Education Act (ESEA), which was most recently comprehensively amended by the Every Student Succeeds Act (ESSA; P.L. 114-95). However, U.S. students also participate in large-scale national assessments, authorized by the National Assessment of Educational Progress Assessment Act (NAEPAA; Title III, Section 303 of P.L. 107-279), and international assessments, authorized by the Education Sciences...
EPA’s Affordable Clean Energy Proposal
In August 2018, the U.S. Environmental Protection Agency (EPA) proposed three actions in the “Affordable Clean Energy Rule” (ACE). First, EPA proposed to replace the Obama Administration’s 2015 Clean Power Plan (CPP) with revised emission guidelines for existing fossil fuel steam electric generating units (EGUs), which are largely coal-fired units. Second, EPA proposed revised regulations to implement emission guidelines under Clean Air Act (CAA) Section 111(d). Third, EPA proposed to modify an applicability determination for New Source Review (NSR), a CAA preconstruction permitting...
Federal authorities have three options when a juvenile violates federal criminal law. First, they can refer the juvenile to state authorities. Second, they can initiate federal delinquency proceedings. Third, they can petition the federal court to transfer the juvenile for trial as an adult. The Federal Juvenile Delinquency Act general favors referring juveniles to state authorities, but it permits federal delinquency proceedings where state courts cannot or will not accept jurisdiction. Because a majority of the federal juvenile delinquency cases have historically arisen in areas...
On June 6, 2018, the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018, or the VA MISSION Act of 2018 (S. 2372; P.L. 115-182; H.Rept. 115-671), was signed into law. The Department of Veterans Affairs Expiring Authorities Act of 2018 (S. 3479; P.L. 115-251), enacted on September 29, 2018, made some changes and technical amendments to the VA MISSION Act. This act, as amended, broadly addresses four major areas.
First, it establishes a new permanent Veterans Community Care Program (VCCP),...
Military Lending Act: Rules, Enforcement, and Servicemember Financial Stability
The Military Lending Act (MLA, 10 U.S.C. §987) regulates commercial lending practices and products offered to military servicemembers and their dependents. The Department of Defense (DOD) implements the provisions of this act and the Consumer Financial Protection Bureau (CFPB) oversees and enforces consumer protection laws and regulations. Some have argued that Military Lending Act rules place undue regulatory burdens on businesses that provide credit products. Others have argued that these rules provide important servicemember protections from abusive financial practices and, in turn,...
What Is the Effect of Enacting a Congressional Review Act Resolution of Disapproval?
The Congressional Review Act (CRA) provides Congress with a set of special parliamentary procedures to consider legislation to overturn federal regulations. Thus far, the 115th Congress has disapproved a total of 16 regulations that had been issued by the Obama Administration, leading to questions about the effects of enactment of a CRA disapproval resolution.
Enactment of a CRA joint resolution of disapproval has two primary effects—one immediate and one more long-term. The immediate effect is that a rule subject to a disapproval resolution may not go into effect, or, if the rule has...
The Public Service Loan Forgiveness Program: Selected Issues
The Public Service Loan Forgiveness (PSLF) program provides Direct Loan borrowers who, on or after October 1, 2007, are employed full-time in certain public service jobs for 10 years while making 120 separate qualifying monthly payments on their Direct Loans with the opportunity to have any remaining balance of principal and interest on their loans forgiven. The program was enacted under the College Cost Reduction and Access Act of 2007 (P.L. 110-84) to encourage individuals to enter into and remain employed in public service and to alleviate the potential financial burdens associated with...
Natural Gas Liquids: The Unknown Hydrocarbons
The U.S. oil and natural gas industries have gone through a “renaissance” of production. Technological improvements in hydraulic fracturing and horizontal drilling have unlocked enormous oil and natural gas resources from tight formations, such as shale. In conjunction with the rise in oil and natural gas production, U.S. production of natural gas liquids has also increased.
Natural gas liquids (NGLs) are a group of hydrocarbons that includes ethane, propane, butane, isobutane, and natural gasoline. NGLs are differentiated from one another by the number of carbon atoms in their molecular...
Tax Provisions That Expired in 2017 (“Tax Extenders”)
Twenty-eight temporary tax provisions expired at the end of 2017. Collectively, temporary tax provisions that are regularly extended as a group by Congress, rather than being allowed to expire as scheduled, are often referred to as “tax extenders.”
Temporary tax provisions were most recently extended in the Bipartisan Budget Act of 2018 (BBA18; P.L. 115-123). BBA18 extended nearly all of the provisions that had expired at the end of 2016, with most provisions extended through the end of 2017. For most provisions, this extension was purely retroactive. Since the BBA18 was enacted in...
North Korea Diplomacy: October 2018 Status Report
Summary of Developments During 2018
Since North Korean leader Kim Jong-un in early 2018 dropped the belligerent posture that Pyongyang had displayed the past several years and embarked on a “charm offensive,” he has held three summits with South Korean President Moon Jae-in, three with Chinese President Xi Jinping, and one with President Donald Trump, in Singapore in June 2018. The United States and North Korea are considering a second Trump-Kim summit in the coming months.
To date, these summits and other events have produced the following results:
North Korea’s Nuclear and Missile...
U.S. Crude Oil and Natural Gas Production in Federal and Nonfederal Areas
A number of legislative proposals and executive branch initiatives designed to increase domestic energy supply, enhance energy security, or amend the requirements of environmental statutes that apply to energy development are before the 115th Congress. There are legislative proposals that include new revenue-sharing provisions for coastal states that would allow states the authority to manage federal energy leases within their state. The Trump Administration’s theme of “energy dominance” has translated into several administration initiatives and executive orders, including the opening of...
FDA Warns of Youth Epidemic of E-Cigarette Use, Faces Regulatory Challenges
Background
An electronic cigarette (e-cigarette) is a battery-operated device typically containing nicotine, flavorings, and other chemicals that create inhalable vapor. According to the 2018 National Academy of Sciences (NAS) report, Public Health Consequences of E-Cigarettes, e-cigarette vapor contains fewer toxicants than combusted cigarette smoke.
In a recent announcement, Commissioner of the Food and Drug Administration (FDA) Scott Gottlieb wrote:
The FDA now believes that youth use of e-cigarettes is reaching epidemic proportions. This belief is based on not just the results of the...
Congress Considers Possible Responses to the Killing of a Saudi Journalist
Congress is considering potential responses to the killing of prominent Saudi Arabian journalist and former diplomatic advisor Jamal Khashoggi. Some Members of Congress have requested additional information from the executive branch, raised the prospect of targeted U.S. sanctions, or introduced legislation to limit security cooperation with Saudi Arabia until the executive branch makes a determination concerning Saudi government involvement.
Khashoggi, an outspoken, self-exiled critic of Saudi Crown Prince Mohammed bin Salman bin Abd al Aziz Al Saud, was killed by Saudi government...
Australia’s Hung Parliament and Elections
Introduction
A surprise defeat in an October 20 parliamentary by-election in the Australian electorate of Wentworth left the conservative Liberal Party-led government of Prime Minister Scott Morrison without a majority in parliament. Independent politician Kerryn Phelps’ victory in the Wentworth district ended extended conservative control of the seat, which was long held by former Liberal Party Prime Minister Malcolm Turnbull. One interpretation of the swing in voter sentiment away from the Liberal candidate is that voters sought to punish the party for ousting Turnbull as Prime Minister...
The Geospatial Data Act of 2018
In the 114th and 115th Congresses, several bills entitled the Geospatial Data Act were introduced in the Senate and House of Representatives. Congress did not act on legislation introduced in the 114th Congress; however, in September 2018, a version of the bill, the Geospatial Data Act of 2018 (GDA), was included in H.R. 302, the FAA Reauthorization Act of 2018, as Subtitle F of Title VII. Congress passed H.R. 302 on October 3, 2018, and President Trump signed it into law on October 5 as P.L. 115-254.
The federal government has recognized the need to organize and coordinate the collection...
Insurance Regulation: Legislation in the 115th Congress
Insurance companies constitute a major segment of the U.S. financial services industry. The insurance industry is often separated into two parts: (1) life and health insurance companies, which also often offer annuity products, and (2) property and casualty insurance companies, which include most other lines of insurance, such as homeowners insurance, automobile insurance, and various commercial lines of insurance purchased by businesses. Different lines of insurance present different characteristics and risks. Life insurance typically is a longer-term proposition with contracts stretching...
Homelessness: Targeted Federal Programs
The federal government administers a number of programs, through multiple federal agencies, that are targeted to assisting people who are experiencing homelessness by providing housing, services, and supports. Some programs target specific populations, such as veterans and youth, while others serve all people who are homeless. Available assistance may also depend on how programs define “homelessness.”
There is no single federal definition of homelessness. A number of programs, including those overseen by the Departments of Housing and Urban Development (HUD), Veterans Affairs (VA),...
Global Trends in Democracy: Background, U.S. Policy, and Issues for Congress
Widespread concerns exist among analysts and policymakers over the current trajectory of democracy around the world. Congress has often played an important role in supporting and institutionalizing U.S. democracy promotion, and current developments may have implications for U.S. policy, which for decades has broadly reflected the view that the spread of democracy around the world is favorable to U.S. interests.
The aggregate level of democracy around the world has not advanced for more than a decade. Analysis of data trend-lines from two major global democracy indexes indicates that, as of...
U.S.-Japan Announce New Limited Trade Negotiations
On September 26, 2018, President Trump and Japanese Prime Minister Abe announced plans to enter into formal bilateral negotiations for a “United-States Japan Trade Agreement on goods, as well as on other key areas including services, that can produce early achievements.” The announcement appeared to end a nearly two-year stalemate, in which Japan was resisting U.S. pressure to enter into bilateral trade talks, and at least temporarily suspended the threat of new U.S. tariffs against Japanese motor vehicles and auto parts.
While the joint statement offers few details on overall negotiating...
FY2019 National Defense Authorization Act: Selected Military Personnel Issues
Each year, the National Defense Authorization Act (NDAA) provides authorization of appropriations for a range of Department of Defense (DOD) and national security programs and related activities. New or clarified defense policies, organizational reform, and directed reports to Congress are often included. For FY2019, the John S. McCain NDAA (H.R. 5515) contains several high-profile military personnel issues. Some are required annual authorizations, such as end-strengths; some are updates or modifications to existing programs; and some changes in response to problems identified in certain...
Momentum Toward Peace Talks in Afghanistan?
Developments in Afghanistan since February 2018, including a potential change in the U.S. stance toward direct talks with the Taliban, have increased the prospects for a negotiated end to the conflict there. In August 2017, President Trump said, “Someday, after an effective military effort, perhaps it will be possible to have a political settlement that includes elements of the Taliban in Afghanistan, but nobody knows if or when that will ever happen.” In the following months, American military operations intensified, with the number of U.S. troops in the country rising to about 15,000.
A...
Family Planning Program Under Title X of the Public Health Service Act
The federal government provides grants for family planning services through the Family Planning Program, Title X of the Public Health Service Act (PHSA; 42 U.S.C. §§300 to 300a-6). Title X, enacted in 1970, is the only domestic federal program devoted solely to family planning and related preventive health services. In 2017, Title X-funded clinics served 4 million clients.
Title X is administered through the Office of Population Affairs (OPA) in the Department of Health and Human Services (HHS). Although the authorization of appropriations for Title X ended in FY1985, funding for the...
VA Housing: Guaranteed Loans, Direct Loans, and Specially Adapted Housing Grants
The Department of Veterans Affairs (VA) has assisted veterans with homeownership since 1944, when Congress enacted the loan guaranty program to help veterans returning from World War II purchase homes. The loan guaranty program assists veterans by insuring mortgages made by private lenders, and is available for the purchase or construction of homes as well as to refinance existing loans.
The loan guaranty has expanded over the years so that it is available to (1) all veterans who fulfill specific duration of service requirements or who were released from active duty due to...
Expiration of the 2014 Farm Bill
The farm bill is an omnibus, multi-year law that governs an array of agricultural and food programs. It provides an opportunity for policymakers to periodically address a broad range of agricultural and food issues. The farm bill is typically reauthorized about every five years.
Recent farm bills have been subject to various developments, such as insufficient votes to pass the House floor, presidential vetoes, or—as in the case of 2008 and 2014 farm bills—short-term extensions.
The current farm bill (the Agricultural Act of 2014, P.L. 113-79) has many provisions that expire in 2018. The...
Postelection Issues in Bosnia and Herzegovina
During the wars of Yugoslav succession, many Members of Congress were active in the debate over U.S. policies toward Bosnia and Herzegovina (hereinafter, Bosnia). The United States played a key role in brokering the 1995 Dayton Peace Accords, which ended the war in Bosnia.
On October 7, 2018, Bosnia held its eighth general election since Dayton. At the central, statewide level, voters cast their ballots for the three-member presidency and the lower house of parliament. In Bosnia’s two semiautonomous units (the entities), elections were held for subnational legislatures and leaders....
Social Media Adoption by Members of Congress: Trends and Congressional Considerations
Communication between Members of Congress and their constituents has changed with the development of online social networking services. Many Members now use email, official websites, blogs, YouTube channels, Twitter, Facebook, and other social media platforms to communicate—technologies that were nonexistent or not widely available just a few decades ago.
Social networking services have arguably enhanced the ability of Members of Congress to fulfill their representational duties by providing them with greater opportunities to share information and potentially to gauge constituent...
Columbus Day is a federal holiday commemorating Christopher Columbus’s historic voyage landing in the Americas on October 12, 1492. It has also become a time to honor Italian American heritage.
This guide is designed to assist congressional offices with work related to Columbus Day celebrations. It contains biographical information on Christopher Columbus and background on the holiday. It provides links to sample speeches marking the observance of Columbus Day from the Congressional Record and to official proclamations issued by the White House. It also contains links to selected...
Banking: Current Expected Credit Loss (CECL)
Some observers asserted that leading up to the financial crisis of 2007-2009 banks did not have sufficient credit loss reserves or capital to absorb the resulting losses and as a consequence supported additional government intervention to stabilize the financial system. In its legislative oversight capacity, Congress has devoted attention to strengthening the financial system in an effort to prevent another financial crisis and avoid putting taxpayers at risk. However, some Members of Congress have expressed concern that financial reforms have been unduly burdensome, reducing the...
Energy and Water Development: FY2019 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps); the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
President Trump submitted his FY2019 budget proposal to Congress on February 12, 2018. The President’s budget requests for agencies included in the Energy and Water Development...
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) created a permanent risk adjustment program that aims to reduce incentives that insurers may have to avoid enrolling individuals at risk of high health care costs in the private health insurance market. Section 1343 of the ACA established the program, which is designed to assess charges to health plans that have relatively healthier enrollees compared with other health plans in a given state. The program uses collected charges to make payments to other plans in the same state that have relatively sicker...
Agency Delay: Congressional and Judicial Means to Expedite Agency Rulemaking
Agencies are sometimes criticized for taking too long to promulgate regulations and issue decisions. Some amount of time, of course, is necessary for reasoned decisionmaking. However, unjustified delays have significant costs for regulated entities and the public at large. At the extreme, agency delays can undermine public trust in agencies and frustrate the implementation of the regulatory regime created by Congress.
Congress has a number of means at its disposal to reduce the likelihood of agency delays in rulemaking. Even if Congress does not impose any specific timing requirements for...
Ebola: Democratic Republic of Congo
On August 1, 2018, the World Health Organization (WHO) reported that a new Ebola outbreak was detected in the eastern part of the Democratic Republic of Congo (DRC), about one week after having declared that a separate outbreak had ended in the western part of the country. This new outbreak is occurring in North Kivu and Ituri provinces, the most populated provinces in DRC, where a humanitarian crisis affecting over 1 million displaced people is ongoing. Health workers have begun vaccinating people in the districts to control the spread of the disease, though armed conflict in the areas is...
Iraq: Issues in the 115th Congress
Iraq’s government declared military victory against the Islamic State organization (IS, aka ISIS/ISIL) in December 2017, but insurgent attacks by remaining IS fighters threaten Iraqis as they shift their attention toward recovery and the country’s political future. Security conditions have improved since the Islamic State’s control of territory was disrupted, but IS fighters are active in some areas and security conditions are fluid.
Meanwhile, daunting resettlement, reconstruction, and reform needs occupy citizens and leaders. Internally displaced Iraqis are returning home in greater...
Federal Research and Development (R&D) Funding: FY2019
President Trump’s budget request for FY2019 includes approximately $131.0 billion for research and development (R&D), of which $118.056 billion is included in the President’s budget and an estimated additional $12.9 billion in nondefense discretionary R&D is requested as part of an addendum to the President’s budget. The additional funding requested in the addendum followed enactment of the Bipartisan Budget Act of 2018 (P.L. 115-123), which raised defense and nondefense discretionary spending caps for FY2018 and FY2019. In April 2018, the Administration issued amendments to the...
Labor Market Patterns Since 2007
The period since 2007 has been a time of significant change for labor markets. The Great Recession of 2007-2009, the longest and deepest recession since the Great Depression, caused the unemployment rate to briefly reach 10%, and labor markets have subsequently experienced a long and gradual recovery. Most labor force metrics, including the unemployment rate and various other measures of labor force underutilization, have returned to levels that have historically been consistent with full employment.
Labor Force Participation
One exception is the labor force participation rate (the ratio...
The Trump Administration’s “Free and Open Indo-Pacific”: Issues for Congress
The Trump Administration has outlined a goal of promoting a Free and Open Indo-Pacific (FOIP), seeking to articulate U.S. strategy towards an expanded Indo-Asia-Pacific region at a time when China’s presence across the region is growing. The FOIP initiative is identified through a number of statements by the President and senior Administration officials. Insight into the initiative’s context and perspective is also offered by the Administration’s National Security Strategy and the National Defense Strategy. The FOIP concept represents a significant change in U.S. strategic thinking towards...
Drinking Water State Revolving Fund (DWSRF): Overview, Issues, and Legislation
The state of the nation’s water infrastructure and the challenges many communities face in addressing infrastructure needs continue to receive congressional attention. In 1996, Congress authorized the Drinking Water State Revolving Fund (DWSRF) program under the Safe Drinking Water Act (SDWA) to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to meet the act’s health protection objectives. Under this program, states receive annual capitalization grants from the U.S. Environmental Protection Agency (EPA) to provide...
Omnibus Water Authorization Legislation in the 115th Congress. The 115th Congress initiated deliberations on an omnibus water authorization bill with H.R. 8, the Water Resources Development Act of 2018 (WRDA 2018), and S. 2800, America’s Water Infrastructure Act of 2018 (AWIA 2018). The House passed H.R. 8 on June 11, 2018. On July 9, 2018, the Senate Committee on Environment and Public Works (Senate EPW) posted on its website an amendment in the nature of a substitute to H.R. 8, also titled America’s Water Infrastructure Act of 2018.
The Senate did not take up S. 2800 or the Senate...
Status of FY2019 LHHS Appropriations
On Friday, September 28, the President signed into law H.R. 6157 (P.L. 115-245), which contains full-year FY2019 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) in Division B. This is the first occasion since the FY1997 appropriations cycle that full-year LHHS appropriations have been enacted on or before the start of the fiscal year (October 1). In addition to providing full-year appropriations for LHHS, P.L. 115-245 also provides full-year appropriations for the Department of Defense (Division A) and continuing...
Army Corps of Engineers Annual and Supplemental Appropriations: Issues for Congress
The U.S. Army Corps of Engineers (USACE) is an agency within the Department of Defense with both military and civil works responsibilities. The agency’s civil works activities consist largely of the planning, construction, and operation of water resource projects to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE’s civil works activities through authorization legislation, annual and supplemental appropriations, and oversight. For Congress, the issue is not only the level of USACE appropriations but also how efficiently the...
The Interaction Between Medicare Premiums and Social Security COLAs
Social Security and Medicare assist in providing financial security to most elderly and disabled individuals in the United States. Certain interactions between Social Security and Medicare may have important financial implications for individuals who are enrolled in both programs.
Social Security provides monthly cash benefits to retired or disabled workers and their family members. The Social Security benefits that are paid to retired workers are based on workers’ past earnings. Medicare is a federal insurance program that pays for covered health care services for most individuals aged...
Errors and Fraud in the Supplemental Nutrition Assistance Program (SNAP)
The Supplemental Nutrition Assistance Program (SNAP) is the nation’s largest domestic food assistance program, serving over 42.1 million recipients in an average month at a federal cost of over $68 billion in FY2017. SNAP is jointly administered by state agencies, which handle most recipient functions, and the federal government—specifically, the U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS)—which supports and oversees the states and handles most retailer functions. In a program with diverse stakeholders, detecting, preventing, and addressing errors and fraud is...
Former Speakers of the House: Office Allowances, Franking Privileges, and Staff Assistance
Beginning in 1970 and until the passage of P.L. 115-244, former Speakers of the House of Representatives were provided with an allowance upon their departure from the House. The allowance was established to assist retiring Speakers in concluding any official business arising from their tenure in the House. The statutorily authorized allowance has been available to former Speakers for office space and furnishings, office operations, franked mail, and staff assistance. Use of the allowance was limited to five years, beginning the day of expiration of a Speaker’s tenure as a Representative,...
South Sudan’s Civil War: Nearly 400,000 Estimated Dead
South Sudan, which became the world’s newest country when it split from Sudan in 2011, has been mired in civil war since December 2013. The war has had a devastating impact, displacing some 4.5 million people and fueling near-famine conditions. With over 7.1 million people severely food insecure in 2018, it is among the world’s worst humanitarian crises, and the U.N. humanitarian appeal for $1.4 billion in assistance is among the largest. South Sudan is one of the most dangerous environments for aid workers, with over 100 killed since the war began. The death toll from the conflict,...
Cloture Attempts on Nominations: Data and Historical Development Through November 20, 2013
The motion for cloture is available in the Senate to limit debate on nominations, as on other matters. Table 6 lists all nominations against which cloture was moved from 1949, when the Senate changed the cloture rule to allow it to be moved on nominations, until November 21, 2013, when the Senate reinterpreted the rule to lower the threshold for invoking cloture on most nominations from three-fifths of the Senate to a majority of Senators voting. The reinterpretation of the rule significantly altered the use of cloture in the Senate, such that conclusions drawn from the data in this report...
In July 2018, the International Monetary Fund (IMF) released its latest report on global trade imbalances that identifies countries with “excessive” current account balances and exchange rates that are “misaligned.” The current account is a broad measure of a country’s global economic engagement and is comprised of trade in goods, services, and official flows. The report indicates that 40% to 50% of countries had imbalances that were “excessive,” and that imbalances of about 3.25% of world GDP—both surpluses and deficits—remained constant in 2017, as indicated in Figure 1. In other words,...
Canada’s Dairy Supply Management System
On August 31, 2018, President Donald Trump notified Congress that he intended to sign a new trade agreement with Mexico in 90 days, and with Canada “if it is willing.” Since then, United States and Canada have been negotiating to bring Canada into the agreement. Both sides have signaled that dairy, and, in particular, Canada’s Class 7 milk category, remains one of the toughest obstacles to overcome. As both sides continue negotiations, this product provides a brief overview of how the Canadian government manages its dairy industry supply chains—as well as of the controversy surrounding the...
Selected Legal Tools for Maintaining Government Contractor Accountability
Federal procurement statutes and the Federal Acquisition Regulation (FAR) establish largely uniform policies and procedures applicable to government contracts “to deliver on a timely basis the best value product or service to the [government], while maintaining the public’s trust and fulfilling public policy objectives.” To meet these ends, federal agencies have a number of legal tools at their disposal to help ensure a contractor adequately performs a contract or, if warranted, to hold a contractor accountable for performance failures or misconduct:
Corrective Actions. In many instances,...
Federal Reserve: Legislation in the 115th Congress
The Federal Reserve (Fed) is the subject of legislation being considered in the 115th Congress. This report analyzes Fed bills that have seen committee or floor action and the policy debate surrounding them. The bills contain wide-ranging changes that can be grouped into five broad categories:
Fed governance. Some proposals, such as H.R. 4753, would change the Fed’s institutional structure. H.R. 10, H.R. 4759, and H.R. 6741 would increase the voting weight of regional Fed presidents on the Federal Open Market Committee (FOMC) at the expense of the Fed’s Board of Governors and the New York...
The Islamic State and U.S. Policy
The Islamic State (IS, aka the Islamic State of Iraq and the Levant, ISIL/ISIS, or the Arabic acronym Da’esh) is a transnational Sunni Islamist insurgent and terrorist group that controlled large areas of Iraq and Syria from 2014 through 2017. The group attracted a network of global supporters and its leader, Abu Bakr al Baghdadi, received pledges of affiliation from groups in several other countries. A series of terrorist attacks attributed to the group or to individuals it has inspired have claimed hundreds of lives on four continents since November 2015, including in the United States....
The Work Opportunity Tax Credit
The Work Opportunity Tax Credit (WOTC) is a provision of the Internal Revenue Code that allows employers that hire individuals with certain personal characteristics to claim a tax credit equal to a portion of the wages paid to those individuals. WOTC-eligible populations include recipients of certain public benefits (such as the Supplemental Nutrition Assistance Program or Temporary Assistance to Needy Families), qualified veterans, ex-felons, and other specified populations. In 2015, the WOTC was extended through 2019 as part of the Protecting Americans from Tax Hikes Act of 2015...
Department of Transportation (DOT) Appropriations: FY2019
The Trump Administration proposed a $76.2 billion budget for the Department of Transportation (DOT) for FY2019: $16 billion in discretionary funding and $60 billion in mandatory funding. That is approximately $11 billion less than was provided for FY2018. The budget request reflected the Administration’s call for significant cuts in funding for transit and rail programs.
The DOT appropriations bill funds federal programs covering aviation, highways and highway safety, public transit, intercity rail, maritime safety, pipelines, and related activities. Federal highway, transit, and rail...
The September 2018 Inter-Korean Summit
From September 18 to 20, South Korean President Moon Jae-in visited North Korea and held approximately five hours of meetings with North Korean leader Kim Jong-un. During the summit, their third since April 2018, the two leaders issued a Pyongyang Joint Declaration pledging denuclearization of the Korean Peninsula, improvements in inter-Korean relations, and confidence-building measures to ease military tension. Kim promised to visit Seoul “at an early date.”
The Moon-Kim summit has created potential opportunities and obstacles for the United States. The summit appears to have injected...
Systemically Important or “Too Big to Fail” Financial Institutions
Although “too big to fail” (TBTF) has been a long-standing policy issue, it was highlighted by the financial crisis, when the government intervened to prevent the near-collapse of several large financial firms in 2008. Financial firms are said to be TBTF when policymakers judge that their failure would cause unacceptable disruptions to the overall financial system. They can be TBTF because of their size or interconnectedness. In addition to fairness issues, economic theory suggests that expectations that a firm will not be allowed to fail create moral hazard—if the creditors and...
The Supreme Court’s Overruling of Constitutional Precedent
By exercising its power to determine the constitutionality of federal and state government actions, the Supreme Court has developed a large body of judicial decisions, or “precedents,” interpreting the Constitution. How the Court uses precedent to decide controversial issues has prompted debate over whether the Court should follow rules identified in prior decisions or overrule them. The Court’s treatment of precedent implicates longstanding questions about how the Court can maintain stability in the law by adhering to precedent under the doctrine of stare decisis while correcting...
Exchange-Traded Funds (ETFs): Issues for Congress
Exchange-traded funds (ETFs) are common ways for Americans to invest. An ETF is an investment vehicle that, similar to a mutual fund, offers public investors shares of a pool of assets; unlike a mutual fund, however, an ETF can be traded on exchanges like a stock. The catchall category of exchange-traded products (ETPs) includes all portfolio products that trade on exchanges.
U.S. ETF domestic listings stand at more than $3.4 trillion, making ETFs among the most important investment methods and critical components of the financial system. The first U.S. ETF was introduced in 1993 to track...
Electronic Filing of Senate Campaign Finance Reports
A FY2019 appropriations measure significantly changes campaign finance reporting requirements for Senate candidates. Report contents will not change, but the method of filing will. The provision appears in H.R. 5895, a minibus package that includes three FY2019 appropriations bills: Energy and Water Development, the Legislative Branch, and Military Construction and Veterans Affairs. The Senate and House adopted the conference report accompanying the bill on September 12 and 13, respectively. The President signed the measure on September 21, 2018. In the 115th Congress, the electronic...
Consumer Protections in Private Health Insurance for Individuals with Preexisting Health Conditions
Individuals with preexisting health conditions may have concerns about practices in the private health insurance market in which insurers use medical underwriting to assess their risk of offering health insurance to applicants. Before full implementation of the Affordable Care Act’s (ACA’s; P.L. 111-148, as amended) insurance reforms, subject to certain exceptions, insurers generally were permitted to consider health factors in determining the offer of insurance, its price, and covered health services. Although references to individuals with preexisting conditions commonly focus on the...
Improving emergency communications has been an area of congressional interest for many years. Before September 11, 2001, Congress provided funding through grants, which could be used to improve state and local emergency communications through purchases of police and fire radios, construction of communication towers, and disaster planning, training, and exercises. After September 11, 2001, Congress increased funding to improve interoperability between public safety agencies at all levels of government to enhance communication and coordination during response.
Congress has also supported...
Research Evidence on the Impact of Work Requirements in Need-Tested Programs
Congress is debating work requirements for recipients in programs providing need-tested assistance to low-income families and individuals. Legislation before the 115th Congress—the House-passed version of H.R. 2—would expand work requirements in the Supplemental Nutrition Assistance Program (SNAP). H.R. 5861, reported to the House from the Ways and Means Committee, would alter some of the Temporary Assistance for Needy Families (TANF) program’s rules regarding work. In addition, the Trump Administration is currently granting demonstration waivers for states to implement work requirements...
Immigration: Frequently Asked Questions about “Public Charge”
Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals (aliens). Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or adjustment to lawful permanent resident (LPR) status if he or she is “likely at any time to become a public charge.” An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this ground is rarely employed. Certain categories of aliens, such...
The Veterans Choice Program (VCP): Program Implementation
Authorized under Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (VACAA), the Veterans Choice Program (VCP) is a temporary program that enables eligible veterans to receive medical care in the community. Since the program was first established by VACAA, it has been amended and funded several times. More recently, P.L. 115-26 eliminated the August 7, 2017, expiration date for the VCP and allowed the program to continue until the initial $10 billion deposited in the Veterans Choice Fund (VCF) was expended. P.L. 115-46 authorized and appropriated an additional $2.1...
Supreme Court October Term 2017: A Review of Selected Major Rulings
On October 2, 2017, the Supreme Court began one of the most notable terms in recent memory. The latest term of the Court was the first full term for Justice Neil Gorsuch, who succeeded Justice Antonin Scalia following his death in February 2016. The October Term 2017 was also the last term for Justice Anthony Kennedy, who retired in July 2018. With nine Justices on the Court for the first time at the beginning of a term since October 2015, this past term witnessed the High Court issuing fewer unanimous opinions and more rulings that were closely divided relative to previous terms.
The...
NAFTA and the Preliminary U.S.-Mexico Agreement
Overview
On August 31, 2018, President Trump notified Congress of his intention to “enter into a trade agreement with Mexico – and with Canada if it is willing.” This notification and an announcement on August 27, 2018, that the United States and Mexico had reached a preliminary agreement in principle—subject to finalization and implementation—served as the culmination of a year of talks among the NAFTA partners. Talks with Canada have not concluded, and it is unclear whether Congress would support an agreement that does not include Canada. The United States and Mexico stated that they...
Sources for Frequently Requested Immigration Statistics
Multiple federal agencies play a role in administering immigration policies and enforcing immigration laws. These agencies make available various statistics related to their immigration work. This report provides guidance in identifying frequently requested immigration data from federal government sources, most of which are publicly available. This report is not a comprehensive listing of all federal immigration statistics.
The statistical sources included in this report are organized into five major categories: (1) the foreign-born population in the United States, (2) lawful admissions,...
Allocation of Funds Under Title I-A of the Elementary and Secondary Education Act
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and is funded at $15.8 billion for FY2018. It is designed to provide supplementary educational and related services to low-achieving and other students attending pre-kindergarten through grade 12 schools with relatively high concentrations of students from low-income families. Under current law, the U.S. Department of Education (ED) determines Title I-A...
Reports of alien minors being separated from their parents at the U.S. border have raised questions about the Department of Homeland Security’s (DHS’s) authority to detain alien families together pending the aliens’ removal proceedings, which may include consideration of claims for asylum and other forms of relief from removal.
The Immigration and Nationality Act (INA) authorizes—and in some case requires—DHS to detain aliens pending removal proceedings. However, neither the INA nor other federal laws specifically address when or whether alien family members must be detained together....
Public Health and Emergency Management: CRS Experts
The following table provides names and contact information for CRS experts on policy concerns relating to public health and emergency management. Policy areas identified include public health and medical system preparedness and response; mental and behavioral health; food safety and food defense; health care financing in disaster response; Stafford Act assistance and the role of the Federal Emergency Management Agency (FEMA); Department of Defense (DOD) incident response and civil support; global health and international preparedness; selected legal issues in preparedness and response;...
Senate Confirmation Votes on U.S. Supreme Court Nominations: Overview
After the Senate Judiciary Committee reports a Supreme Court nomination, it is placed on the Senate Executive Calendar (to be considered in executive session). Senate consideration of a Supreme Court nomination includes floor debate on the nomination, as well as a final vote by the Senate on whether to approve it. When floor debate on a nomination ends, the presiding officer puts the question of confirmation to a vote. A roll call vote to confirm requires a simple majority of Senators present and voting, a quorum being present. Since 1967, beginning with the confirmation of Thurgood...
Hurricane Florence: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of emergency and major disaster declarations relevant to Hurricane Florence, and selected federal resources and links to CRS products related to emergency and disaster declarations, disaster response, and recovery.
Hurricane Florence made landfall at Wrightsville Beach, NC, as a category 1 hurricane on September 14, 2018. In anticipation of the landfall, President Trump has issued emergency declarations to Virginia, North Carolina, and South Carolina.
Authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act...
Labor, Health and Human Services, and Education: FY2018 Appropriations
This report offers an overview of actions taken by Congress and the President to provide FY2018 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill includes all accounts funded through the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It also provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the Agriculture...
Costs of Government Interventions in Response to the Financial Crisis: A Retrospective
In August 2007, asset-backed securities (ABS), particularly those backed by subprime mortgages, suddenly became illiquid and fell sharply in value as an unprecedented housing boom turned into a housing bust. Losses on the many ABS held by financial firms depleted their capital. Uncertainty about future losses on illiquid and complex assets led to firms having reduced access to private liquidity, sometimes catastrophically. In September 2008, the financial crisis reached panic proportions, with some large financial firms failing or needing government assistance to prevent their...
FY2019 Appropriations for the Department of Energy
Overview
The Department of Energy (DOE) is funded through the Energy and Water Development appropriations bill. The President’s FY2019 budget request is $30.4 billion for the DOE, approximately $4.2 billion (12%) less than the FY2018 enacted level of $34.6 billion (see P.L. 115-141 and Title III of Division D, Explanatory Statement on page H2481). Conference report H.Rept. 115-929 to accompany H.R. 5895, which includes the FY2019 Energy and Water appropriations bill in a three-bill “minibus” funding bill, was filed on September 10, 2018. According to the joint explanatory statement, the...
Natural Disasters and Hazards: CRS Experts
The following table provides the names and contact information for CRS experts on policy concerns relating to natural disasters and hazards in the United States. Policy areas identified include disaster assistance and recovery matters extending to impacts such as displaced residents and business, losses in agricultural production, disruptions in transportation (river, rail, and highway), problems with water treatment and supply; responses and recovery operations such as disaster declarations and federal assistance, public health provisions, federal flood insurance, agricultural disaster...
The following table provides access to names and contact information for CRS experts on policy concerns related to hurricane events in the United States. Policy areas identified include disaster assistance and recovery matters extending to impacts such as displaced residents and business, disruptions in the energy sector and transportation, problems with water treatment and supply; responses and recovery operations such as disaster declarations and federal assistance, public health provisions, federal flood insurance, agricultural disaster relief and assistance, tax relief, environmental...
U.N. Report Recommends Burmese Military Leaders Be Investigated and Prosecuted for Possible Genocide
The Issue
The Army’s post-Cold War development of major combat systems has been characterized by a number of high-profile program cancellations, such as Crusader, an artillery system cancelled in 2002 after having spent $2.2 billion; Comanche, a helicopter program cancelled in 2004 after having spent $7.9 billion; and the Future Combat System (FCS), cancelled in 2009 after having spent $18.1 billion. In addition to the expenditure of resources, these cancellations have impeded the development of newer, more capable systems, permitting potential adversaries to achieve battlefield parity...
Glider Kit, Engine, and Vehicle Regulations
On October 25, 2016, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration jointly published the second phase of greenhouse gas (GHG) emissions and fuel efficiency standards for medium- and heavy-duty vehicles and engines. The rule affects commercial long-haul tractor-trailers, vocational vehicles, and heavy-duty pickup trucks and vans. It phases in between model years 2018 and 2027.
Under the rulemaking, EPA proposed a number of changes and clarifications for standards respecting “glider kits” and “glider vehicles.” A glider kit is a...
Decision to Stop U.S. Funding of UNRWA (for Palestinian Refugees)
On August 31, 2018, the State Department announced that the United States will not make further contributions to the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), but will seek to help “innocent Palestinians” through other models and approaches. The U.S. decision to end contributions could greatly affect UNRWA, which provides services for around 5.4 million Palestinian refugees in the West Bank, Gaza Strip, Jordan, Lebanon, and Syria. The decision also has other important humanitarian and political implications. The United States has been a major contributor...
JOBS and Investor Confidence Act (House-Amended S. 488): Capital Markets Provisions
Capital markets provide financing for businesses to fund their growth that would facilitate innovation and jobs creation, and enhance the society’s overall standard of living. They are segments of the financial system in which funding is raised through issuing and trading equity or debt securities, which are forms of financial assets representing ownership or indebtedness of a firm. They are considered the largest source of financing for U.S. nonfinancial companies, significantly larger than bank loans and other forms of financing.
The Securities and Exchange Commission (SEC) is the...
Department of Transportation Considering Changes to Trucking Hours of Service Rule
On August 23, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published an Advance Notice of Proposed Rulemaking (ANPRM) seeking information and public comment about several changes in the Hours of Service limits for commercial drivers that it was considering. The comment period is scheduled to end on September 24, 2018. FMCSA is also holding public listening sessions.
In order to promote safety by reducing the incidence of fatigue among commercial drivers, in 1935 Congress authorized the Department of Transportation (DOT) to limit the number of hours a driver could drive....
Immigration: CRS Points of Contact
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Department of Transportation (DOT): FY2018 Appropriations
Congress appropriated $86.2 billion for the Department of Transportation (DOT) for FY2018. This represented a $9.1 billion (11.8%) increase over the amount provided in FY2017. The principal reason for the higher spending level was increases in funding from the general fund for highways, public transportation capital investments, and passenger rail projects. The appropriation was included in an omnibus spending bill, P.L. 115-141, Title I of Division L, the DOT Appropriations Act.
The DOT appropriations bill funds federal programs covering aviation, highways and highway safety, public...
Marketplace Lending: Fintech in Consumer and Small-Business Lending
Marketplace lending—also called peer-to-peer lending or online platform lending—is a nonbank lending industry that uses innovative financial technology (fintech) to make loans to consumers and small businesses. Although marketplace lending is small compared to traditional lending, it has grown quickly in recent years. In general, marketplace lenders accept applications for small, unsecured loans online and determine applicants’ creditworthiness using an automated algorithm. Often, the loans are then sold—individually or in pieces—directly to investors (although holding the loans on their...
Electricity generation is vital to the commerce and daily functioning of the United States. The U.S. electric power grid comprises all of the power plants generating electricity, together with the transmission and distribution lines and systems that bring power to end-use customers. The U.S. electric grid has operated historically with a high level of reliability; however, the various parts of the electric power system are all vulnerable to failure due to natural, operational, or manmade events.
The bulk power system faces new and evolving cybersecurity threats. Cyber threats can come from...
Federal Role in U.S. Campaigns and Elections: An Overview
Conventional wisdom holds that the federal government plays relatively little role in U.S. campaigns and elections. Although states retain authority for most aspects of election administration, a closer look reveals that the federal government also has steadily increased its presence in campaigns and elections in the past 50 years. Altogether, dozens of congressional committees and federal agencies could be involved in federal elections under current law.
Congress faces a complex mix of traditional oversight areas with developing ones throughout the elections field. Reports of foreign...
Positive Train Control (PTC): Overview and Policy Issues
The Rail Safety Improvement Act of 2008 (RSIA08) requires implementation of positive train control (PTC) on railroads which carry passengers or have high-volume freight traffic with toxic- or poisonous-by-inhalation hazardous materials. PTC is a communications and signaling system that has been identified by the National Transportation Safety Board (NTSB) as a technology capable of preventing incidents caused by train operator or dispatcher error. PTC is expected to reduce the number of incidents due to excessive speed, conflicting train movements, and engineer failure to obey wayside...
Securities Regulation and Initial Coin Offerings: A Legal Primer
Initial coin offerings (ICOs)—a method of raising capital in exchange for digital coins or tokens that entitle their holders to certain rights—are a hot topic among legislators, regulators, and financial market professionals. In response to a surge in the popularity of ICOs over the past 18 months, regulators in a number of countries have banned ICOs. Other foreign regulators have cautioned that unregistered ICOs may violate their securities laws, issued guidance clarifying the application of their securities laws to ICOs, or proposed new rules or legislation directed at regulating ICOs....
The Clean Air Act’s Good Neighbor Provision: Overview of Interstate Air Pollution Control
Notwithstanding air quality progress since 1970, challenges remain to reduce pollution in areas exceeding federal standards and to ensure continued compliance elsewhere. The movement of air pollutants across state lines, known as interstate transport, has made it difficult for some downwind states to attain federal ozone and fine particulate matter (PM2.5) standards, partly because states lack authority to limit emissions from other states.
The Clean Air Act’s “Good Neighbor” provision (Section 110(a)(2)(D)) seeks to address this issue and requires states to prohibit emissions that...
Senators Lying in State in the U.S. Capitol
On August 31, 2018, Senator John McCain, who died on August 25, will lie in state in the Rotunda of the U.S. Capitol. Traditionally an honor bestowed upon American statesmen and military leaders, 30 individuals (not including Senator McCain) have lain in state or honor in the Capitol Rotunda. Additionally, unknown soldiers from World War I, World War II, the Korean War, and from the Vietnam era have also lain in state.
Individuals who served as a government official (e.g., Member of Congress, President, Vice President) and as military leaders have traditionally lain in state, while private...
Agricultural Trade with Mexico and the Preliminary U.S.-Mexico Agreement in NAFTA Negotiations
On August 27, 2018, the Trump Administration announced that it had reached a preliminary agreement with Mexico in the renegotiation of the North American Free Trade Agreement (NAFTA). The announcement followed more than a year of negotiations among the United States, Canada, and Mexico on NAFTA at the request of the Trump Administration. Canada is currently in talks for a possible trilateral agreement. Mexico is the third leading export market for U.S. agricultural goods; therefore, any agreement could affect U.S. farmers, ranchers, and food manufacturers.
Overview of U.S.-Mexico...
Universal Postal Union to Convene an Extraordinary Congress
The Universal Postal Union (UPU)
Established in 1874, the Universal Postal Union (UPU) is the primary forum for multilateral cooperation and negotiation of international postal issues among nations worldwide. According to its website, the UPU “helps to ensure a truly universal network of up-to-date products and services.”
The primary decisionmaking body of the UPU is the UPU Congress. Normally, the Congress convenes every four years and was next scheduled to meet in 2020. On September 3, 2018, however, the UPU is scheduled to hold an “Extraordinary Congress” for the first time since 1900....
Records, Papers, Decisions: Kavanaugh Records and the Presidential Records Act
Since Judge Brett Kavanaugh’s nomination to be an Associate Justice of the Supreme Court was received on July 10, papers detailing his activities in the George W. Bush Administration and the Office of Independent Counsel Kenneth W. Starr have been the subject of ongoing congressional interest. Specifically, many Members of Congress have discussed the public release of Judge Kavanaugh’s records and whether the scope and volume of records released is similar to the records of previous Supreme Court nominees.
The release and maintenance of records pertaining to Judge Kavanaugh’s tenure in...
GSA Releases Sources Sought Notice and Sets Goal to Assume Certain OPM Functions by March 2019
On June 21, 2018, the Trump Administration released a government reorganization and reform plan that included 32 proposals to restructure and reform executive branch agencies, programs, or operations. One proposal sought to reorganize the U.S. Office of Personnel Management (OPM), particularly by transferring five program offices to other agencies (Figure 1). Under the proposal, functions of three program offices would be transferred to a “Government Services Administration” (currently the General Services Administration, or GSA)
Human Resources Solutions (HRS),
Healthcare and Insurance...
FDIC’s Deposit Insurance Assessments and Reserve Ratio
The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; Dodd-Frank Act) changed the minimum deposit insurance reserve ratio to 1.35% from 1.15% and required the Federal Deposit Insurance Corporation (FDIC) to meet the increased reserve ratio by 2020. The Dodd-Frank Act also required the FDIC to offset the effects of the higher reserve ratio of 1.35% on banks with assets of less than $10 billion. The FDIC Board of Directors approved a final rule in March 2016 to meet this requirement by 2018. The approved plan changes how the assessments are apportioned between large...
The National Hurricane Center and Forecasting Hurricanes: 2017 Overview and 2018 Outlook
The National Hurricane Center (NHC), part of the National Oceanic and Atmospheric Administration’s (NOAA’s) National Weather Service (NWS), is responsible for forecasting hurricanes in the Atlantic Ocean and the eastern Pacific Ocean. The NHC provides estimates of the path of a storm (i.e., hurricane track), the intensity, and the size and structure of the storm, as well as predictions of storm surge, rainfall, and even tornadoes. Depending on the storm’s status, this information may be used to create a hurricane watch or a hurricane warning and public advisories, which are issued on an...
Gun Control: 3D-Printed AR-15 Lower Receivers
The possibility that criminals could use three dimensional-printing (3D-printing) technology to produce “untraceable” firearms, including AR-15s, is an issue of growing concern for some lawmakers. It overlaps in part with the issue of 3D-printed “undetectable” firearms discussed in a previous Insight (CRS Insight IN10953, Gun Control: 3D-Printed Firearms).
Defense Distributed, a federally licensed firearms manufacturer, recently uploaded 3D-printable computer assisted design (CAD) files on its website for an AR-15 type rifle, including its lower receiver. The lower receiver is the...
Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court
On July 9, 2018, President Donald J. Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill retiring Justice Anthony M. Kennedy’s seat on the Supreme Court of the United States. Nominated to the D.C. Circuit by President George W. Bush, Judge Kavanaugh has served on that court for more than twelve years. In his role as a Circuit Judge, the nominee has authored roughly three hundred opinions (including majority opinions, concurrences, and dissents) and adjudicated numerous high-profile cases...
Federal Crop Insurance: Delivery Subsidies in Brief
In the federal crop insurance program, “delivery” generally refers to marketing policies, processing applications, collecting premiums, and adjusting claims. Delivery subsidies accounted for $14.8 billion (20%) of federal spending on crop insurance during crop years 2007 through 2016. The amount of delivery subsidies is not based on actual expenses incurred by Approved Insurance Providers (AIPs) but is instead based on percentages of premium that are established in the Standard Reinsurance Agreement (SRA). The percentages vary by policy type and coverage level. Delivery subsidies are not...
MS-13 in the United States and Federal Law Enforcement Efforts
The Mara Salvatrucha (MS-13) is a violent criminal gang operating both in the United States and abroad—namely Central America. MS-13 was formed on the streets of Los Angeles, CA, in the 1980s by refugees who were fleeing civil conflict in El Salvador. It became a transnational gang as MS-13 members who were deported from the United States to Central America helped establish gang ties and spread U.S. gang culture abroad.
In the United States, MS-13’s structure largely consists of loosely organized cells, or “cliques,” that each control specific territory. While some have suggested that the...
Youth and the Labor Force: Background and Trends
Congress has indicated a strong interest in ensuring that today’s young people (ages 16 to 24) attain the education and employment experience necessary to make the transition to adulthood as skilled workers and taxpayers. This report provides context for Congress on trends in the labor force for youth. It discusses youth labor force data since 1948, with a focus on the period from 2000 to the present.
The labor market experiences of youth ages 16 to 24 have varied based on their age and other factors. Over the post-World War II period, teens ages 16 to 19 generally have had a lower labor...
Treasury Completes Series of Reports on Financial Regulatory Relief
President Donald Trump issued Executive Order (E.O.) 13772 on February 3, 2017. The E.O. identified “Core Principles” to be adhered to in financial regulation and directed the Secretary of the Treasury to report on “the extent to which ... Government policies promote the Core Principles and what actions have been taken, and are currently being taken, to promote and support the Core Principles.” The principles are as follows:
empower Americans to make independent financial decisions and informed choices in the marketplace, save for retirement, and build individual wealth;
prevent...
Implementing EPA’s 2015 Ozone Air Quality Standards
Implementation of revised ozone standards by the U.S. Environmental Protection Agency (EPA) is now moving forward, after the agency designated 52 areas with just over 200 counties or partial counties and two tribal areas as “nonattainment” for the standards. The standards—formally known as National Ambient Air Quality Standards (NAAQS) for ground-level ozone—are standards for outdoor (ambient) air. In 2015, EPA tightened both the primary (health-based) and secondary (welfare-based) standards from 75 parts per billion (ppb) to 70 ppb after concluding that protecting public health and...
Election Security: Issues in the 2018 Midterm Elections
In the wake of assessments about foreign interference in the 2016 presidential election, concerns have been mounting about the security of the 2018 midterm elections. Security efforts are complicated by the complex, multidimensional election life cycle, with each dimension involving a broad array of components. The main dimensions can be thought of as election administration, campaign activities, and media coverage.
Traditionally, concerns about election security have focused largely on election administration. In the wake of the 2016 election, the Department of Homeland Security...
Medicare Coverage of End-Stage Renal Disease (ESRD)
End-stage renal disease (ESRD) is the last stage of chronic kidney disease (CKD), which is the gradual decrease of kidney function over time. Individuals with ESRD have substantial and permanent loss of kidney function and require either a regular course of dialysis (a process that removes harmful waste products from an individual’s bloodstream) or a kidney transplant to survive.
In 1972, Congress enacted legislation allowing qualified individuals with ESRD under the age of 65 to enroll in the federal Medicare health care program (Social Security Amendments of 1972; P.L. 92-603). The...
Strange Occurrences Highlight Insider Threat to Aviation Security
On the evening of August 10, 2018, an airline ramp worker stole a 76-seat turboprop from Seattle-Tacoma International Airport, crashing it on a remote wooded island in an apparent suicide. Days later, on August 13, 2018, a corporate pilot released on bail following a domestic violence arrest hours earlier stole a business jet and crashed it into his Utah home. In another incident in Utah in July 2012, a SkyWest Airlines pilot sought by authorities regarding the stabbing death of his girlfriend stole a regional jet from the St. George Municipal Airport and crashed it through an airport...
The Earned Income Tax Credit (EITC): An Economic Analysis
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. The EITC, enacted more than 40 years ago, has evolved from a relatively modest tax benefit to a significant antipoverty program. This report reviews economic research on the EITC. Understanding the economic impact of the credit, as well as its limitations and potential drawbacks, may inform future legislative discussions of the EITC and other refundable tax credits.
When initially enacted in the 1970s, there were two major purposes of the EITC. First, the credit was...
Kosovo: Background and U.S. Relations
Following the conflicts in the late 1990s in the countries of the former Yugoslavia (Serbia, Kosovo, Bosnia-Herzegovina, Macedonia, Montenegro, Croatia, and Slovenia), the prospect of membership in the Euro-Atlantic community, and the active presence of the United States in the region referred to as the Western Balkans, provided a level of stability that allowed most of the countries of the region to pursue reform and adopt Western values. During this time, Slovenia (2004) and Croatia (2013) joined the European Union (EU). These countries, along with Albania (2009), also joined the North...
Clean Air Act Issues in the 115th Congress: In Brief
Review of regulations issued under the Obama Administration, with the possibility of their modification or repeal, has been the main focus of interest on Clean Air Act issues in the 115th Congress and in the executive and judicial branches in 2017 and 2018. Of particular interest are the ambient air quality standards for ozone promulgated by the Environmental Protection Agency (EPA) in October 2015; EPA rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector; and emission standards for three groups of sources: brick kilns, wood stoves...
Proliferation Security Initiative (PSI)
The Proliferation Security Initiative (PSI) was formed to increase international cooperation in interdicting shipments of weapons of mass destruction (WMD), their delivery systems, and related materials. The Initiative was announced by President Bush on May 31, 2003. PSI does not create a new legal framework but aims to use existing national authorities and international law to achieve its goals. Initially, 11 nations signed on to the “Statement of Interdiction Principles” that guides PSI cooperation. As of June 2018, 105 countries (plus the Holy See) have committed formally to the PSI...
Proposed U.S.-EU Trade Negotiations: Hitting Pause on a Trade War?
On July 25, 2018, the United States and European Union (EU) announced a “new phase” in their relationship for “freer, fairer, and more reciprocal trade.” They agreed to launch negotiations to eliminate tariffs, nontariff barriers, and subsidies on “non-auto industrial goods,” as well as to boost trade specifically in services, chemicals, pharmaceuticals, medical products, and U.S. soybeans. Amid a potential tit-for-tat escalation of tariffs, the two sides agreed not to impose further tariffs on each other’s traded products while negotiations are active and to examine current U.S. steel and...
Title X Family Planning: Proposed Rule on Statutory Compliance Requirements
The Title X Family Planning Program (Title X), enacted in 1970, is the only domestic federal program devoted solely to family planning and related preventive health services. All 50 states, the District of Columbia, and the U.S. territories and Freely Associated States (collectively referred to as states) are eligible to apply for Title X grants, as are other public agencies and nonprofit organizations. Title X grants enable grantees to establish and operate family planning projects. A family planning project refers to a set of activities that a Title X grantee undertakes under its grant...
Overview of U.S.-South Korea Agricultural Trade
South Korea is an important export market for U.S. agricultural products. In 2017, U.S. farmers and ranchers sold about $7 billion of goods to South Korea, making it the sixth-largest export market by value for U.S. agricultural products. Leading U.S. agricultural exports to South Korea include beef, corn, soybeans, pork, wheat, oranges, nuts, and cheese. Further, the United States had a trade surplus of more than $6.3 billion in food and agricultural products with South Korea in 2017.
The trading relationship between the two countries has been governed by the U.S.-South Korea Free Trade...
Gun Control: 3D-Printed Firearms
In May 2013, Defense Distributed, a federally licensed firearms manufacturer, posted on its website computer assisted design (CAD) files for three dimensional-printing (3D-printing) of a single-shot, smoothbore, .380 caliber pistol that could be made almost entirely with non-metallic material. The design of this firearm, the “Liberator,” does not appear to violate the Undetectable Firearms Act of 1988 (18 U.S.C. §922(p)), because it includes the requisite amount of steel. This statute prohibits the manufacture, importation, transfer, or possession of any firearm that
is [not] detectable to...
The Electronic Logging Device (ELD) Controversy
In December 2017, after years of preparation, most commercial trucks were required to be equipped with an electronic logging device (ELD) that would automatically record how long the driver had been driving. There had been little controversy about this requirement during its two-year phase-in period, but after it took effect, portions of the commercial trucking industry began to complain about its impact. Pending legislation would exempt certain drivers from the mandate through FY2019.
Most commercial drivers are paid by the mile, and so have an incentive to drive as much as possible....
Fourth Treasury Report on Regulatory Relief: Nonbanks and Financial Technology
On July 31, 2018, the Department of the Treasury issued a report, “A Financial System That Creates Economic Opportunities: Nonbank Financials, Fintech, and Innovation,” that examines financial institutions and activities for which the application of traditional regulation may present challenges due to advances in financial technology (“fintech”). It is the last in a series of four reports written in accordance with Executive Order (E.O.) 13772 issued by President Donald Trump on February 3, 2017, which directed the Secretary of the Treasury to report on the financial regulatory system....
Iran’s Threats, the Strait of Hormuz, and Oil Markets: In Brief
The exchanges of threats between members of the governments of Iran and the United States, including the presidents of both countries, have again raised the specter of an interruption of shipping through the Strait of Hormuz (the Strait), a key waterway for the transit of oil and natural gas to world markets. In the first half of 2018, approximately 22 million barrels per day (bpd) of crude oil, condensate, and petroleum products, and over 300 million cubic meters per day in liquefied natural gas (LNG) exited the Strait, representing approximately 24% and 3% of global production,...
Proposals to Impose Sanctions on Russian Sovereign Debt
The United States imposes sanctions on hundreds of Russian individuals and entities for aggression against Ukraine, election interference, malicious cyber activity, human rights violations, weapons proliferation, and other activities. Some Members of Congress are proposing additional sanctions in response to continuing objectionable behavior by the Russian government. One proposal is to sanction new debt issued by the Russian government. If enacted, U.S. investors would be prohibited from buying or trading new Russian sovereign debt.
Targeting Russian sovereign debt would escalate U.S....
Categorical Exclusions, Metroplexes, and Aircraft Noise Complaints
The Federal Aviation Administration (FAA) has initiated changes to airspace and flight procedures to take advantage of new technologies deployed under NextGen, a comprehensive air traffic modernization initiative that relies on satellite-based navigation and tracking to improve efficiency and airspace capacity. In some neighborhoods, however, FAA’s changes have increased overflights triggering complaints about aircraft noise. Some affected residents are seeking remedies from the agency, the courts, and Congress.
Categorical Exclusions
One of NextGen’s key objectives is to allow commercial...
Division G of Title II of the Consolidated Appropriations Act, 2018 (P.L. 115-141) extended U.S. Environmental Protection Agency (EPA) authority to collect fees from the pesticide industry for the maintenance and evaluation of pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) until the end of FY2018. Two types of industry-paid fees supplement annual appropriations from the General Fund to support EPA’s pesticide regulatory program.
Without the extension, the authority to collect maintenance fees would have expired at the end...
Chesapeake Bay Restoration: Background and Issues for Congress
The Chesapeake Bay (the Bay) is the largest estuary in the United States. It is recognized as a “Wetlands of International Importance” by the Ramsar Convention, a 1971 treaty about the increasing loss and degradation of wetland habitat for migratory waterbirds. The Chesapeake Bay estuary resides in a more than 64,000-square-mile watershed that extends across parts of Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia. The Bay’s watershed is home to more than 18 million people and thousands of species of plants and animals.
A combination of...
Seed Cotton as a Farm Program Crop: In Brief
The Bipartisan Budget Act of 2018 (P.L. 115-123; BBA), signed into law on February 9, 2018, included a provision—Section 60101(a)—which amended the 2014 farm bill (P.L. 113-79) to add seed cotton as a “covered commodity,” thus making cotton eligible for the Price Loss Coverage (PLC) and Agricultural Risk Coverage (ARC) farm revenue support programs.
The 2014 farm bill provides authority for farm programs for the 2014 through 2018 crop years. Under the 2014 farm bill as signed into law in February 2014, neither cotton nor its co-product, cottonseed, were eligible to participate in the newly...
The Cambodian National Assembly election, held on July 29, 2018, resulted in a victory for the ruling Cambodian People’s Party (CPP). Critics viewed the election, in which the CPP likely won all 125 parliamentary seats, as neither free nor fair and the victory as “hollow” given that the CPP banned the largest opposition party in 2017. The Trump Administration stated that the poll “failed to represent the will of the Cambodian people” and represented “the most significant setback yet to the democratic system enshrined in Cambodia’s constitution...” Nearly 600,000 ballots, or roughly 9% of...
National Flood Insurance Program: Selected Issues and Legislation in the 115th Congress
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA, 42 U.S.C. §4001 et seq.), and was most recently reauthorized until November 30, 2018 (P.L. 115-225). The general purpose of the NFIP is both to offer primary flood insurance to properties with significant flood risk, and to reduce flood risk through the adoption of floodplain management standards. A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. The NFIP also engages in many “non-insurance” activities in the public interest:...
After a flood, people are often uncertain if their eligibility for federal disaster assistance is linked in any way to whether or not they have flood insurance. Because much of the other disaster assistance that is available to individuals comes from the Federal Emergency Management Agency (FEMA), there may be confusion between possible claims provided through the National Flood Insurance Program (NFIP, which is also managed by FEMA), and other disaster assistance programs. This report provides an overview of the assistance available to individuals and households following a flood and...
The World Trade Organization (WTO): U.S. Participation at Risk?
Trump Administration Approach to the WTO
In a break from past administrations, the Trump Administration has expressed doubt over the value of the World Trade Organization (WTO) to the U.S. economy. The United States was a key architect of the WTO—the 164-member international organization established in 1995 that oversees global trade rules and trade liberalization negotiations, and resolves trade disputes. In late June, media reports suggested that President Trump was considering withdrawing the United States from the WTO; U.S. officials have since said talks of withdrawal are “premature”...
Child Welfare Funding in FY2018
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. For FY2018, an estimated $9.5 billion in federal support was made available for child welfare purposes. Comparable funding for FY2017 is estimated at $9.3 billion.
At least $100 million of the FY2018 increase was provided as discretionary appropriations intended to address the impact of parental substance abuse on children and the child welfare system and to help implement the Family First Prevention...
U.S.-China economic ties have expanded substantially since China began reforming its economy and liberalizing its trade regime in the late 1970s. Total U.S.-China merchandise trade rose from $2 billion in 1979 (when China’s economic reforms began) to $636 billion in 2017. China is currently the United States’ largest merchandise trading partner, its third-largest export market, and its biggest source of imports. In 2015, sales by U.S. foreign affiliates in China totaled $482 billion. Many U.S. firms view participation in China’s market as critical to their global competitiveness. U.S....
Pipeline Safety: Overdue Statutory Mandates
The safety of natural gas and hazardous liquid pipelines in the United States is regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the Department of Transportation (DOT). For decades, Congress has reauthorized DOT’s pipeline safety program in stand-alone legislation. In addition, Congress has used reauthorizations to impose on PHMSA various mandates regarding standards, studies, and other elements of pipeline safety regulation—usually in response to major pipeline accidents. The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L....
Ethiopia’s New Prime Minister Visits the United States to “Build Bridges”
Ethiopia’s new prime minister, Abiy Ahmed, arrived in the United States on July 26 for a three-city tour, with stops in Washington, Los Angeles, and Minneapolis. It is his first U.S. trip since being elected by parliament on April 2, and the visit is focused on engaging the Ethiopian diaspora, who represent the second largest African diaspora population in the United States. Prime Minister Abiy’s early outreach to Ethiopian-Americans is noteworthy, given outspoken criticism from some regarding governance under the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF), which has...
Potential WTO Implications of USDA’s Proposed Response to Trade-Retaliation
On July 24, 2018, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) would be taking several actions to assist farmers in response to trade damage from what the Administration has characterized as “unjustified retaliation.” Specifically, the Secretary said that USDA would authorize up to $12 billion in programs under the Commodity Credit Corporation (CCC) Charter Act (See CRS Report R44606, The Commodity Credit Corporation: In Brief) to help agricultural producers meet the costs of disrupted markets. (See CRS Insight IN10880, China’s Retaliatory...
Commodity Credit Corporation: Q&A
On July 24, 2018, the U.S. Department of Agriculture (USDA) announced the use of up to $12 billion in funding authorized under the Commodity Credit Corporation (CCC) to compensate agricultural producers for losses in response to retaliatory tariffs on certain U.S. agricultural commodities. This has raised general questions related to the CCC, its use, and authorities. In brief, CCC makes payments to producers and conducts other operations to support U.S. agriculture. Typically, Congress passes laws, such as omnibus farm bills, that specifically direct USDA on how to administer these...
The House and Senate 2018 Farm Bills (H.R. 2): A Side-by-Side Comparison with Current Law
Congress sets national food and agriculture policy through periodic omnibus farm bills that address a broad range of farm and food programs and policies. The 115th Congress has the opportunity to establish the future direction of farm and food policy, because many of the provisions in the current farm bill (the Agricultural Act of 2014, P.L. 113-79) expire in 2018.
On June 21, 2018, the House voted 213-211 to approve H.R. 2, the Agriculture and Nutrition Act of 2018, an omnibus farm bill that would authorize farm and food policy for FY2019-FY2023. The Senate passed its version of H.R. 2,...
North Korea: U.S. Relations, Nuclear Diplomacy, and Internal Situation
North Korea has posed one of the most persistent U.S. foreign policy challenges of the post-Cold War period due to its pursuit of proscribed weapons technology and belligerence toward the United States and its allies. With North Korea’s advances in 2016 and 2017 in its nuclear and missile capabilities under 34-year-old leader Kim Jong-un, Pyongyang has evolved from a threat to U.S. interests in East Asia to a potentially direct threat to the U.S. homeland. Efforts to halt North Korea’s nuclear weapons program have occupied the past four U.S. Administrations, and North Korea is the target...
Australia and New Zealand React to China’s Growing Influence in the South Pacific
Overview
The July 24, 2018, Australia-United States Ministerial (AUSMIN) Joint Statement points to “deepening engagement [between the United States and Australia] in the Indo-Pacific.” Canberra and Wellington are increasingly responding to Chinese influence operations in the Pacific region, as demonstrated by a number of recent actions, including Australia’s passage of new foreign interference legislation; announcement of an possible new Australia-Vanuatu security agreement; New Zealand’s adoption of a new Strategic Defence Policy Statement; steps toward a new Pacific Islands Forum...
History of Use of U.S. Military Bases to House Immigrants and Refugees
Background
On June 20, 2018, President Donald Trump signed an Executive Order that states “It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources” and that directs the Secretary of Defense to “take all legally available measures to provide to the Secretary [of Homeland Security], upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law.” On June 24,...
OPIC, USAID, and Proposed Development Finance Reorganization
Members of Congress and Administrations have periodically considered reorganizing the federal government’s trade and development functions to advance various policy objectives. In its 2019 budget request, the Trump Administration included a proposal to consolidate the Overseas Private Investment Corporation (OPIC) and other agency development finance functions, specifically noting the Development Credit Authority (DCA) of the U.S. Agency for International Development (USAID), into a new U.S. development finance agency. The policy objectives that the new agency would aim to support include...
In the late 1980s, extensive foreign debt and degraded natural resources in developing nations led to the creation of debt-for-nature initiatives that reduced debt obligations, allowed for debt repayments in local currency as opposed to hard currency, and generated funds for the environment. These initiatives, called debt-for-nature swaps typically involved restructuring, reducing, or buying a portion of a developing country’s outstanding debt, with a percentage of proceeds (in local currency) being used to support conservation programs within the debtor country. Most early transactions...
Indexing Capital Gains Taxes for Inflation
Recently, proposals to index capital gains for inflation have reentered the public debate. The proposed change would eliminate the part of capital gains that reflects inflation by increasing the basis (i.e., the amount subtracted from sales price to determine capital gains) by inflation occurring since acquisition of the asset. President Trump’s head of the White House National Economic Council, Larry Kudlow, has long proposed the indexation of capital gains for inflation through regulation, and Americans for Tax Reform has urged Treasury Secretary Steven Mnuchin to index capital gains....
Flying Cars and Drones Pose Policy Challenges for Managing and Regulating Low-Altitude Airspace
For more than half a century, “flying car” concepts have graced the covers of Popular Science magazine, have been featured in futuristic Hollywood sci-fi movies, and, of course, have hauled that famous space-age cartoon family, the Jetsons. Until recently, though, small hovercraft and drone-like air taxis existed only as prototype concepts and amateur-built curios. Recent advances in aerospace design and propulsion, as well as in computer control and autonomous systems, are raising the prospect that flying cars may soon become a reality. Development and marketing efforts are bringing to...
Judicial Opinions of Judge Brett M. Kavanaugh
On July 9, 2018, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to succeed Supreme Court Justice Anthony M. Kennedy, who is scheduled to retire from active status on July 31, 2018. Judge Kavanaugh has served as a judge on the D.C. Circuit since May 30, 2006. He has also sat, by designation, on judicial panels of the U.S. Court of Appeals for the Eighth Circuit and the U.S. Court of Appeals for the Ninth Circuit, and also served on three-judge panels of the U.S. District Court for the...
Animal and Plant Export Health Certificates in U.S. Agricultural Trade
An agricultural export health certificate verifies that agricultural products are prepared or raised in accordance with requirements of the importing country. In the United States, export health certificates are issued primarily by the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) for live animals, raw fruits and vegetables, and some grain products. APHIS ensures that U.S. exporters have met animal and plant health requirements for export. Other federal agencies, not discussed here, have authority over agricultural products outside of APHIS’s...
“Duck Boat” Accident Highlights Gap in Regulation
On July 19, 2018, an amphibious vehicle capsized during a sudden storm on a lake in Branson, MO, killing at least 17 passengers. The accident highlights gaps and discrepancies in federal safety regulations affecting amphibious passenger vehicles (APVs), more widely known as “duck boats.”
Duck boats are tourist vehicles designed both to drive on roads and operate as boats in the water. These vehicles host thousands of tours for more than 1 million passengers annually. The original vehicles were built during World War II to deliver cargo from ships at sea directly to the shore, and often to...
Iran Nuclear Agreement and U.S. Exit
On July 14, 2015, Iran and the six powers that had negotiated with Tehran about its nuclear program since 2006 (the United States, the United Kingdom, France, Russia, China, and Germany—collectively known as the P5+1) finalized a Joint Comprehensive Plan of Action (JCPOA). The JCPOA required constraints that seek to ensure that Iran’s nuclear program can be used for purely peaceful purposes in exchange for a broad lifting of U.S., European Union (EU), and United Nations (U.N.) sanctions on Iran. The agreement replaced the Joint Plan of Action (JPA), an interim nuclear accord in effect from...
U.S. Fish and Wildlife Service: An Overview
The U.S. Fish and Wildlife Service (FWS), an agency within the Department of the Interior (DOI), is the principal federal agency tasked with the conservation, protection, and restoration of fish and wildlife resources across the United States and insular areas. This report summarizes the history, organizational structure, and selected functions of FWS and provides an overview of the agency’s appropriations structure. The report describes the actions Congress has taken to shape FWS’s structure and functions over time and notes selected issues of interest to Congress.
The current structure...
On July 16, 2018, U.S. President Donald Trump and Russian President Vladimir Putin held a summit in Helsinki, Finland. This was the first U.S.-Russia summit since 2010, when President Barack Obama met with Putin’s predecessor Dmitry Medvedev in Prague to sign the New START strategic arms reduction treaty.
The Presidents characterized the July 2018 summit as a first step to improving relations. President Trump stated his view that the United States and Russia need “to find ways to cooperate in pursuit of shared interests” and resolve global challenges. President Putin said his goal is to...
U.S. Army’s Initial Maneuver, Short-Range Air Defense (IM-SHORAD) System
The Current State of Army SHORAD The Army defines SHORAD as: Dedicated air defense artillery (ADA) and non-dedicated air defense capabilities that enable movement and maneuver by destroying, neutralizing or deterring low altitude air threats to defend critical fixed and semi-fixed assets and maneuver forces. The Army summarizes the recent history and current state of Army SHORAD in the following section: Short-range air defense artillery units were historically embedded in Army divisions, providing them with an organic capability to protect their critical assets against fixed-wing and...
Attaching a Price to Greenhouse Gas Emissions with a Carbon Tax or Emissions Fee
Significant debate continues about what, if any, policy initiatives may be appropriate or feasible to address greenhouse gas (GHG) emissions. Major scientific assessments in the United States and internationally conclude that “it is extremely likely that human activities, especially emissions of greenhouse gases, are the dominant cause of the observed warming since the mid-20th century.” Human-related GHG emissions, if continued, would tend to drive further warming, sea level rise, ocean acidification, and other impacts. Small future climate changes may bring benefits for some and adverse...
Improper Payments in High-Priority Programs: In Brief
The Improper Payments Information Act (IPIA) of 2002 defines improper payments as payments that should not have been made or that were made in an incorrect amount, including both overpayments and underpayments. This definition includes payments made to ineligible recipients, duplicate payments, payments for a good or service not received, and payments that do not account for applicable discounts. Since FY2004, federal agencies have been required to report on the amount of improper payments they issue each year and take steps to address the root causes of the problem. The data show a...
Public Disclosure of Corporate Tax Returns
Federal corporate tax returns are confidential and protected from public disclosure under section 6103 of the Internal Revenue Code (IRC), as enacted by the Tax Reform Act of 1976 (P.L. 94-455). Before 1976, corporate tax returns where classified as part of the “public record” to varying degrees. Since 1976, there have been occasional calls for the privacy veil to be lifted in response to aggressive tax planning and evasion. This Insight examines several issues surrounding public disclosure of corporate tax returns; however, the discussion below does not address important legal and...
Senate Judiciary Committee Hearings for a Supreme Court Nominee: Overview
On July 9, 2018, President Trump announced his selection of Judge Brett Kavanaugh to fill the impending vacancy that will be created on the U.S. Supreme Court by the retirement of Justice Anthony Kennedy on July 31, 2018.
Supreme Court nominations since 1949 have routinely received public confirmation hearings before either the Senate Judiciary Committee or a Judiciary subcommittee. In 1955, hearings on the Supreme Court nomination of John M. Harlan marked the beginning of a practice, continuing to the present, of Court nominees testifying in-person before the Senate Judiciary Committee....
Energy Provisions in the 2014 Farm Bill (P.L. 113-79): Status and Funding
Title IX, the energy title of the 2014 farm bill (Agricultural Act of 2014; P.L. 113-79), contains authority for the energy programs administered by the U.S. Department of Agriculture (USDA). USDA energy programs have incentivized research, development, and adoption of renewable energy projects, including solar, wind, and anaerobic digesters. However, the primary focus of USDA energy programs has been to promote U.S. biofuels production and use—including corn starch-based ethanol (the predominant biofuel produced and consumed in the United States), cellulosic ethanol, and soybean-based...
Tit-for-Tat Tariff Measures and U.S. Trade Policy
U.S. trade policy under President Trump has involved greater use of trade laws to address imports that threaten to impair U.S. national security (Section 232), and trade practices that may violate trade agreements or are “unjustifiable” or “unreasonable” (Section 301). Congress has held several hearings on controversial presidential actions under these laws, raising questions about their economic and broader policy implications.
As a result of Section 232 investigations launched by the Administration, the United States has unilaterally applied new tariffs on steel (25%), aluminum (10%),...
Justice Anthony Kennedy: His Jurisprudence and the Future of the Court
On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the...
Federal Government Employment: Veterans’ Preference in Competitive Examination
Veterans’ preference is a system that provides special consideration to certain former members of the Armed Forces who pursue civilian employment with the federal government. This report describes how veterans’ preference is established and applied in the assessment and selection of candidates for federal positions that use competitive examination procedures.
The specific type of preference for which a veteran qualifies (if any) depends on the timing of the veteran’s service and whether or not the veteran has a service-connected disability. The strongest preference is for veterans who have...
Puerto Rico—Status of Electric Power Recovery
On September 20, 2017, Hurricane Maria made landfall in Puerto Rico as a Category 4 storm with sustained wind speeds of over 155 miles per hour. At that time, the Commonwealth of Puerto Rico was already in recovery mode following the glancing blow struck by Hurricane Irma on September 6, 2017, which left 70% of electricity customers without power. Puerto Rico’s office of emergency management reported that Hurricane Maria had incapacitated the central electric power system, leaving the entire island without power as the island’s grid was essentially destroyed. Even before the 2017 hurricane...
The Financial Services and General Government (FSGG) appropriations bills include funding for more than two dozen independent agencies in addition to the larger entities in the bill (Department of the Treasury, the Executive Office of the President, the District of Columbia, and the judiciary). Among these are Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration (GSA), National...
Risk and Needs Assessment in the Federal Prison System
The number of people incarcerated in federal prisons increased dramatically over the past three decades. While the number of inmates in the federal prison system has decreased since FY2013, the federal prison population remains substantially larger than it was three decades ago.
Concerns about both the economic and social consequences of the country’s reliance on incarceration have led to calls for reforms to the nation’s criminal justice system, including improving the federal prison system’s ability to rehabilitate incarcerated offenders by better assessing their risk for recidivism and...
President’s Selection of a Nominee for a Supreme Court Vacancy: Overview
On June 27, 2018, Justice Anthony Kennedy, after serving on the Supreme Court as an Associate Justice since 1988, announced his intention to retire from the U.S. Supreme Court. Justice Kennedy indicated that his retirement would be effective July 31, 2018. Subsequently, on July 9, 2018, President Donald Trump announced his intention to nominate Judge Brett Kavanaugh to fill the impending Kennedy vacancy.
This Insight provides an overview of several issues related to the selection of a nominee by a President for a vacancy on the Court. For additional information and analyses on these and...
Hemp as an Agricultural Commodity
Industrial hemp is an agricultural commodity that is cultivated for use in the production of a wide range of products, including foods and beverages, cosmetics and personal care products, nutritional supplements, fabrics and textiles, yarns and spun fibers, paper, construction and insulation materials, and other manufactured goods. Hemp can be grown as a fiber, seed, or other dual-purpose crop. However, hemp is also from the same species of plant, Cannabis sativa, as marijuana. As a result, production in the United States is restricted due to hemp’s association with marijuana, and the U.S....
U.S. Global Health Assistance: FY2001-FY2019 Request
Congressional interest in and support for global health programs has remained strong for several years. In FY2018, Congress provided $8.7 billion for global health programs through State, Foreign Operations appropriations and $488.6 million through Labor, Health and Human Services, and Education (Labor-HHS) appropriations. These funds are managed by several U.S. agencies and the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund)—a multilateral organization aimed at combating the three diseases worldwide. Concern about infectious diseases, especially HIV/AIDS, tuberculosis,...
United States Special Operations Command Acquisition Authorities
United States Special Operations Command (SOCOM) is the Unified Combatant Command responsible for training, doctrine, and equipping all special operations forces of the Army, Air Force, Marine Corps and Navy. SOCOM has been granted acquisition authority by Congress to procure special operations forces-peculiar equipment and services.
There is a perception among some observers and officials that SOCOM possesses unique acquisition authorities that allow it to operate faster and more efficiently than the military departments.
SOCOM possesses unique acquisition authorities when compared with...
Next Generation 911 Technologies: Select Issues for Congress
In 2018, Congress and 911 advocates celebrated the 50th anniversary of the first 911 call. Over the past 50 years, states and localities have adopted 911 as the number to call during emergencies, established 911 centers (also known as Public Safety Answering Points or PSAPs) to receive and manage 911 calls, managed and funded their local PSAPs, and educated the public on 911 use. Today, 911 services are available in most jurisdictions in the United States, people know 911 is the number to call in emergencies, and 911 systems have helped to save lives.
However, there are challenges. In...
School Resource Officers: Issues for Congress
The school shootings at Marjory Stoneman Douglas High School in Parkland, FL, Great Mills High School in Great Mills, MD, and Santa Fe High School in Santa Fe, TX, have generated renewed interest in what Congress might consider to enhance security at the nation’s schools. School resource officer (SRO) programs have been discussed as a possible strategy for increasing school safety. SROs are sworn law enforcement officers who are assigned to work at a school on a long-term basis. While there are no current figures on the number of SROs in the United States, data indicate that 42% of U.S....
Leaders from the North Atlantic Treaty Organization’s (NATO’s) 29 member states are scheduled to hold a summit at NATO headquarters in Brussels, Belgium, on July 11-12, 2018. The summit comes at a time of heightened U.S.-European tensions. Despite stated Trump Administration commitments to NATO and European security, some European allies are increasingly expressing concerns about President Trump’s criticisms of NATO and individual allies. Various European leaders appear to be growing doubtful about whether the United States will remain a reliable security partner, especially amid recent...
Of the nation’s 4.1 million miles of public access roads, 2.9 million, or 71%, are in rural areas. Rural roads account for about 30% of national vehicle miles traveled. However, with many rural areas experiencing population decline, states increasingly are struggling to maintain roads with diminishing traffic while at the same time meeting the needs of growing rural and metropolitan areas.
Federal highway programs do not generally specify how much federal funding is used on roads in rural areas. This is determined by the states. Most federal highway money, however, may be used only for a...
Improving the quality of broadband deployment data has become an issue of congressional interest, as policymakers recognize that more accurate broadband availability maps could help ensure that federal broadband programs target unserved areas of the country that are most in need of assistance.
Since the initial deployment of broadband in the late 1990s, two federal agencies have implemented broadband availability data collection and mapping initiatives: the National Telecommunications and Information Administration (NTIA) at the Department of Commerce (DOC) and the Federal Communications...
Foreign Investment Risk Review Modernization Act (FIRRMA)
Some Members of Congress, the Trump Administration, and some U.S. businesses have raised concerns over continued U.S. technological leadership to support national defense and economic security due to growing foreign, primarily Chinese, investments in U.S. high-tech companies. These and other concerns motivated the House and the Senate to adopt measures, both known as the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The bills would amend the current process for the Committee on Foreign Investment in the United States (CFIUS) (under P.L. 110-49) to review, on behalf of...
Defense Acquisitions: How and Where DOD Spends Its Contracting Dollars
The Department of Defense (DOD) has long relied on contractors to provide the U.S. military with a wide range of goods and services, including weapons, vehicles, food, uniforms, and operational support. Without contractor support, the United States would be currently unable to arm and field an effective fighting force. Costs and trends associated with contractor support provides Congress more information upon which to make budget decisions and weigh the relative costs and benefits of different military operations—including contingency operations and maintaining bases around the...
Congress sets national food and agriculture policy through periodic omnibus farm bills. The 115th Congress has the opportunity to establish the future direction of farm and food policy because many of the provisions in the current farm bill (the Agricultural Act of 2014, P.L. 113-79) expire in 2018. The 2014 farm bill addresses a broad range of farm and food programs and policies, including commodity support, crop insurance, conservation, domestic food assistance, trade and food aid, credit, rural development, research, horticulture, forestry, and bioenergy, among others.
On June 21,...
Trade Deficits and U.S. Trade Policy
The economic effects of the U.S. trade deficit have been a topic of long-standing congressional interest. The U.S. Constitution grants authority to Congress to regulate commerce with foreign nations and to lay and collect duties, and Congress exercises this authority in numerous ways. These include oversight of trade policy and consideration of legislation to implement trade agreements and to authorize trade programs. In some cases, Congress has delegated certain authorities over trade policy to the Executive Branch: for example, to facilitate trade negotiations.
As part of efforts to...
The Health Resources and Services Administration (HRSA) within the Department of Health and Human Services (HHS) provides health care to individuals who are geographically isolated and/or economically or medically vulnerable. The agency’s programs target specific populations including pregnant women and their children and individuals with HIV/AIDs.
HRSA is organized into five bureaus: (1) Primary Care; (2) Health Workforce; (3) Maternal and Child Health; (4) HIV/AIDS; and (5) Healthcare Systems. In addition to these bureaus, HRSA has 11 offices. Some offices focus on specific populations...
TRICARE Modernization: Eligibility for the Federal Employee Dental and Vision Insurance Program
In an effort to improve TRICARE dental and vision coverage through “enhanced benefits,” in 2016 Congress expanded (P.L. 114-328) eligibility for the Federal Employees Dental and Vision Insurance Program (FEDVIP) to certain TRICARE beneficiaries. FEDVIP is a dental and vision benefit program for federal employees and annuitants. Uniformed services retirees and their family members are to be eligible to enroll in FEDVIP in November 2018, with coverage beginning on January 1, 2019. Non-active duty TRICARE beneficiaries (i.e., family members of uniformed service members, reserve component...
The Rule XIX Call to Order for Disorderly Language in Senate Debate
The Senate has, from the 1st Congress (1789-1790), valued the importance of decorum in debate and included a “call to order” mechanism in its rules to sanction Senators who use “disorderly” language. The rules adopted in 1789 contained such a call-to-order provision, and its language has been amended multiple times over the years. Table 1 of this report details the historical evolution of the rule. The present form of the Senate’s call-to-order provision was adopted on June 14, 1962.
Senate Rule XIX identifies specific language that is considered disorderly. This includes language directly...
Legislative Actions to Modify the Affordable Care Act in the 111th-115th Congresses
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148) was signed into law on March 23, 2010. The law comprises numerous provisions in 10 titles. The provisions in Titles I-VIII largely relate to how health care in the United States is financed, organized, and delivered. Title IX contains revenue provisions. Title X reauthorizes the Indian Health Care Improvement Act, establishes some new programs and requirements, and amends provisions included in the other nine titles of the ACA. On March 30, 2010, the Health Care and Education Reconciliation Act (HCERA; P.L. 111-152) was...
The Trump Administration’s Reform Plan and Reorganization Recommendations
On June 21, 2018, the Office of Management and Budget (OMB) issued Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendations (the Reform Plan). The Reform Plan followed from Executive Order 13781, “Comprehensive Plan for Reorganizing the Executive Branch,” issued by President Donald J. Trump on March 13, 2017, and an OMB memorandum, M-17-22, “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” issued on April 12, 2017. Federal agencies were required to submit initial agency reform plans to OMB in...
Proposed American Innovation $1 Coins
On June 20, 2018, the Senate passed an amended version of H.R. 770, the “American Innovation $1 Coin Act.” This bill would require the Secretary of the Treasury to mint new $1 coins “in recognition of American innovation and significant innovation and pioneering efforts of individuals or groups from each of the 50 States, the District of Columbia, and the United States territories.” The proposed Innovation $1 coins would be minted beginning in 2019. The Senate’s action follows House passage of its version of H.R. 770 on January 16, 2018.
Congressional Involvement in Coin Design
The...
The G-7 Summit in Charlevoix, Canada: Changing U.S. Leadership in Global Forums
Canada hosted the 44th annual Group of 7 (G-7) summit on June 8-9 in Charlevoix, Quebec. The G-7 is an informal group of seven of the world’s largest advanced economies: Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. With roots back to the 1970s, the G-7 leaders meet annually to discuss and coordinate economic and foreign policies. The agenda for the 2018 summit, set by Canada as the rotating chair, intended to focus on economic growth, gender equality, jobs, and the environment.
Discussions were marked by deep divisions between President Trump and other...
Debates over Exchange Rates: Overview and Issues for Congress
Exchange rates are among the most important prices in the global economy. They affect the price of every country’s imports and exports, as well as the value of every overseas investment. Over the past decade, some Members of Congress have been concerned that foreign countries are using exchange rate policies to gain an unfair trade advantage against other countries, or “manipulating” their currencies. Congressional concerns have focused on China’s foreign exchange interventions over the past decade to weaken its currency against the U.S. dollar, although concerns have also been raised...
The Low Income Home Energy Assistance Program (LIHEAP), established in 1981 as part of the Omnibus Budget Reconciliation Act (P.L. 97-35), is a program through which the federal government makes annual grants to states, tribes, and territories to operate home energy assistance programs for low-income households. The LIHEAP statute authorizes two types of funds: regular funds (sometimes referred to as formula or block grant funds), which are allocated to all states using a statutory formula, and emergency contingency funds, which are allocated to one or more states at the discretion of the...
Recent Violent Crime Trends in the United States
Media accounts of increasing violent crime rates, especially homicides, in some cities raise broad concerns about decreasing levels of public safety.
This report provides an analysis of changes in violent crime since 1960, with a focus on changes from 2014 to 2016 in violent crime and homicide rates in the 48 largest cities in the United States for which violent crime and homicide data were submitted to the Federal Bureau of Investigation’s Uniform Crime Reporting Program. The results of the analysis suggest the following:
At the national level, violent crime and homicide rates increased...
Privacy Protections for Individuals with Substance Use Disorders: The Part 2 Final Rule in Brief
On January 18, 2017, the Secretary of Health and Human Services (HHS) published a final rule to amend the federal regulations known as “Part 2” that protect the privacy of patient records maintained by alcohol and drug treatment programs across the country. Part 2 was developed in the 1970s to allay the concerns of individuals with substance use disorders who were afraid to get treatment for fear that their medical information would be released, leading to discrimination and even prosecution.
Health care providers participating in new health care delivery models such as accountable care...
HUD FY2018 Appropriations: In Brief
Most of the funding for the activities of the Department of Housing and Urban Development (HUD) comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD). HUD’s programs are designed primarily to address housing problems faced by households with very low incomes or other special housing needs.
Three rental assistance programs—Public Housing, Section 8 tenant-based rental assistance (which funds Section 8 Housing Choice Vouchers), and Section 8 project-based...
Energy-related research and development (R&D)—on coal-based synthetic petroleum and on atomic bombs—played an important role in the successful outcome of World War II. In the postwar era, the federal government conducted R&D on fossil and nuclear energy sources to support peacetime economic growth. The energy crises of the 1970s spurred the government to broaden the focus to include renewable energy and energy efficiency. Over the 41-year period from the Department of Energy’s (DOE’s) inception at the beginning of FY1978 through FY2018, federal funding for renewable energy R&D amounted to...
U.S. Crude Oil Exports and Retail Gasoline Prices
Since the beginning of 2018, average U.S. retail gasoline prices have risen approximately 18% and were nearly $3.00 per gallon at the end of May (see Figure 1). Over the same period, U.S. crude oil exports—for which restrictions were repealed in December 2015—have reached record levels. Average weekly export volumes from January to May 2018 have nearly doubled from average exports in all of 2017, to 1.7 million barrels per day (bpd). As a result, there has been congressional interest in understanding this tandem upward movement and the degree to which increasing crude oil exports might...
Financial Aid for Students: Online Resources
Congressional offices are frequently contacted by constituents who are researching how to pay for postsecondary education. This report identifies various online sources targeted to students and parents that provide information on planning and acquiring funds for postsecondary education. Some resources also contain information on repaying, forgiving, or discharging educational debt.
Students are often in the best position to determine which aid programs they may qualify for and which best meet their needs. Many of the websites listed in this report enable a student to conduct and save...
Science, Technology, Engineering, and Mathematics (STEM) Education: An Overview
The term STEM education refers to teaching and learning in the fields of science, technology, engineering, and mathematics. It typically includes educational activities across all grade levels—from pre-school to post-doctorate—in both formal (e.g., classrooms) and informal (e.g., afterschool programs) settings. Federal policymakers have an active and enduring interest in STEM education, and the topic is frequently raised in federal science, education, workforce, national security, and immigration policy debates.
Various attempts to assess the federal STEM education effort have produced...
The June 12 Trump-Kim Jong-un Summit
On June 12, 2018, President Donald Trump and North Korean leader Kim Jong-un met in Singapore to discuss North Korea’s nuclear program, building a peace regime on the Korean Peninsula, and the future of U.S. relations with North Korea (known officially as the Democratic People’s Republic of Korea, or DPRK). During their summit, the first-ever meeting between leaders of the two countries, Trump and Kim issued a brief joint statement in which Trump “committed to provide security guarantees to the DPRK,” and Kim “reaffirmed his firm and unwavering commitment to complete denuclearization of...
The Federal “Crime of Violence” Definition: Overview and Judicial Developments
In an effort to deter violent crime, and to limit the broad discretion accorded to federal judges with respect to prison sentencing, Congress in 1984 passed legislation that revised the federal criminal code. The Comprehensive Crime Control Act of 1984 (CCCA) aimed to substantially reform and improve federal criminal laws, and “to restore a proper balance between the forces of law and the forces of lawlessness.” To that end, the CCCA adopted new bail procedures, imposed mandatory minimum sentences for certain criminal offenses, increased the penalties for drug offenses and violent crimes,...
Iraqis are voting in national, regional, and provincial elections in 2018 as they seek to consolidate the country’s military victory over the Islamic State, rebuild shattered communities, and improve government performance. On May 12, Iraqi voters went to the polls to choose national legislators for four-year terms in the 329-seat Council of Representatives (COR), Iraq’s unicameral legislature. Turnout was lower in the 2018 COR election than in past national elections, but the United Nations Assistance Mission for Iraq (UNAMI) has stated that it was “largely peaceful and orderly” and has...
Some observers assert the financial crisis of 2007-2009 revealed that excessive risk had built up in the financial system, and that weaknesses in regulation contributed to that buildup and the resultant instability. In response, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; the Dodd-Frank Act), and regulators strengthened rules under existing authority. Following this broad overhaul of financial regulation, some observers argue certain changes are an overcorrection, resulting in unduly burdensome regulation.
The Economic Growth, Regulatory...
Background Information on Health Coverage Options Addressed in Executive Order 13813
On October 12, 2017, President Trump issued Executive Order (E.O.) 13813, entitled “Promoting Healthcare Choice and Competition Across the United States.” E.O. 13813 directs specified agencies to consider regulatory or sub-regulatory approaches to expand access to three unrelated, private-sector health coverage options: association health plans (AHPs); short-term, limited-duration insurance (STLDI); and health reimbursement arrangements (HRAs). This report answers frequently asked questions (FAQs) about E.O. 13813 and subsequent rulemaking and provides background information about AHPs,...
FY2018 Military Construction Authorizations and Appropriations
On May 23, 2017, the Trump Administration delivered its first full budget proposal to the 115th Congress, a request that included $10.4 billion for military construction activities. Of this amount, the Administration requested $9.8 billion for military construction and family housing in the base budget, and $0.6 billion in Overseas Contingency Operations funds.
House and Senate negotiations on the annual National Defense Authorization Act, which authorizes funding for military construction projects for the Department of Defense, concluded early in November 2017. The final bill, H.R. 2810,...
Electronic Employment Eligibility Verification
Unauthorized immigration and unauthorized employment continue to be key issues in the ongoing debate over immigration policy. Today’s discussions about these issues build on the work of prior Congresses. In 1986, following many years of debate about unauthorized immigration to the United States, Congress passed the Immigration Reform and Control Act (IRCA). This law sought to address unauthorized immigration, in part, by requiring all employers to examine documents presented by new hires to verify identity and work authorization and to complete and retain employment eligibility...
Increase in Illicit Fentanyl Overdose Deaths
Fentanyl, heroin, and some prescription painkillers (such as morphine and oxycodone) belong to the class of drugs known as opioids, which act on receptors in the brain important in regulating pain and emotion. Opioids have susceptibility for abuse and potential for overdose. In 2016, more than 42,000 of the nearly 64,000 drug overdose deaths in the United States involved opioids. Led by fentanyl, a synthetic opioid 50-100 times more potent than morphine, synthetic opioids emerged as the leading cause of opioid-related overdose deaths in 2016. The steep increase in deaths involving fentanyl...
Tax Expenditures: Before and After the 2017 Tax Revision (P.L. 115-97)
Tax reform debates, including the debate surrounding the 2017 tax revision (P.L. 115-97), often consider the option of broadening the tax base in exchange for a reduction in statutory tax rates. One means of base-broadening is reducing or eliminating “tax expenditures,” or revenue losses attributable to special provisions in the tax code. Policymakers also evaluate tax expenditures from a federal budgeting perspective, as tax expenditures may be viewed as “spending through the tax code.” Though P.L. 115-97 makes major changes to the U.S. federal tax system, in aggregate, the change in the...
The American Opportunity Tax Credit: Overview, Analysis, and Policy Options
The American Opportunity Tax Credit (AOTC)—originally enacted on a temporary basis by the American Recovery and Reinvestment Act (ARRA; P.L. 111-5) and made permanent by the Protecting Americans from Tax Hikes Act (PATH; Division Q of P.L. 114-113)—is a partially refundable tax credit that provides financial assistance to taxpayers (or their children) who are pursuing a higher education. The credit, worth up to $2,500 per student, can be claimed for a student’s qualifying expenses incurred during the first four years of post-secondary education. In addition, 40% of the credit (up to...
FY2018 National Defense Authorization Act
The Trump Administration’s initial FY2018 budget request, released on May 23, 2017, included a total of $677.1 billion for the national defense budget function (Budget Function 050), which encompasses all defense-related activities of the federal government. Of that amount, $659.8 billion was for appropriation accounts for which authorization is provided in the annual National Defense Authorization Act (NDAA). The remainder of the request was either for mandatory funds not requiring annual authorization or for discretionary funds outside the scope of the NDAA.
That initial Administration...
Prioritizing Waterway Lock Projects: Barge Traffic Changes
Congress faces decisions about prioritizing new lock construction projects on the inland waterway system. As both houses debate differing versions of water resources and development bills (S. 2800, H.R. 8) and the FY2019 Energy and Water Development Appropriations bill (S. 2975, H.R. 5895), the decision about which of these projects could be undertaken first will likely be among the most controversial issues.
The inland waterway system supports barge transportation of heavy raw materials such as grain, coal, petroleum, and construction aggregates. The new locks are needed, according to the...
The Role of the Office of National Drug Control Policy (ONDCP)
ONDCP Mission and Responsibilities
The Office of National Drug Control Policy (ONDCP) is responsible for creating, implementing, and evaluating U.S. drug control policies to reduce the use, manufacturing, and trafficking of illicit drugs as well as drug-related health consequences, crime, and violence. ONDCP is located in the Executive Office of the President. It was created by the Anti-Drug Abuse Act of 1988 and most recently reauthorized by the Office of National Drug Control Policy Reauthorization Act of 2006. Authorization of appropriations for ONDCP expired at the end of FY2010, but...
The House Journal: Origin, Purpose, and Approval
The Journal of the House of Representatives is the official record of the chamber’s legislative actions. The Journal’s contents include the titles of introduced legislation, the results of votes, presidential veto messages, and any other matters the House deems to be official proceedings. Unlike the Congressional Record, it is not a transcript of debate. Rather, the Journal is a listing of House actions without the debate accompanying those actions.
The Constitution mandates that each House keep a journal of its proceedings (Art. 1, §5). The Constitution, House rules and practices, and, to...
Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements?
FBI Director Nominations, 1973-2017
The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. From 1973 through 2017, eight nominations for FBI Director were confirmed, and two other nominations were withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder cannot be reappointed, unless Congress acts to allow a second...
Federal Aviation Administration (FAA) Reauthorization Issues and Debate in the 115th Congress
On April 27, 2018, the House of Representatives passed the FAA Reauthorization Act of 2018 (H.R. 4), a six-year Federal Aviation Administration (FAA) reauthorization measure that does not include a controversial proposal to privatize air traffic control laid (ATC) out in an earlier bill, H.R. 2997. On May 9, 2018, the Senate Committee on Commerce, Science and Transportation reported a four-year FAA reauthorization bill (S. 1405, S.Rept. 115-243) that does not address ATC privatization. The enactment of either bill would be the first long-term FAA reauthorization act since the FAA...
Discharge Petitions and the House Discharge Rule
Recent media reports have discussed an effort by some Representatives to use a discharge petition to schedule a floor vote on a resolution (a “special rule”) providing for House consideration of immigration legislation under a "Queen-of-the-Hill" amendment structure. This Insight discusses the principal features of the House discharge rule and links to additional reading material on the subject.
The House discharge rule, clause 2 of Rule XV, establishes a parliamentary mechanism whereby 218 Members of the House of Representatives—a majority of the chamber—can bring a bill or resolution to...
Prescription Drug Monitoring Programs
In the midst of national concern over the opioid epidemic, federal and state officials are paying greater attention to the manner in which opioids are prescribed. Nearly all prescription drugs involved in overdoses are originally prescribed by a physician (rather than, for example, being stolen from pharmacies). Thus, attention has been directed toward better understanding how opioids are being prescribed and preventing the diversion of prescription drugs after the prescriptions are dispensed.
Prescription drug monitoring programs (PDMPs) maintain statewide electronic databases of...
Venezuela’s 2018 Presidential Elections
On May 20, 2018, Venezuela held presidential elections that were boycotted by the Democratic Unity Roundtable (MUD) coalition of opposition parties and dismissed as illegitimate by the United States, the European Union (EU), and 14 Western Hemisphere nations (the Lima Group). According to the official results, President Nicolás Maduro of the United Socialist Party of Venezuela (PSUV) won reelection for a second six-year term with 67.7% of the vote amidst relatively high abstention (46% of voters participated). Maduro’s main opponent, Henri Falcón, former governor of Lara state, rejected...
The International Monetary Fund
The International Monetary Fund (IMF), conceived at the Bretton Woods conference in July 1944, is the multilateral organization focused on the international monetary system. Created in 1946 with 46 members, it has grown to include 189 countries. The IMF has six purposes that are outlined in Article I of the IMF Articles of Agreement: promoting international monetary cooperation; expanding the balanced growth of international trade; facilitating exchange rate stability; eliminating restrictions on the international flow of capital; ensuring confidence by making the general resources of the...
Federal Financing for the State Children’s Health Insurance Program (CHIP)
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and the states, and the states are responsible for administering CHIP.
The federal government’s share of CHIP expenditures (including both services and administration) is determined by the enhanced federal medical assistance percentage (E-FMAP) rate. The E-FMAP varies by state;...
Wastewater Infrastructure: Overview, Funding, and Legislative Developments
The collection and treatment of wastewater remains among the most important public health interventions in human history and has contributed to a significant decrease in waterborne diseases during the past century. Nevertheless, waste discharges from municipal sewage treatment plants into rivers and streams, lakes, and estuaries and coastal waters remain a significant source of water quality problems throughout the country.
The Clean Water Act (CWA) establishes performance levels to be attained by municipal sewage treatment plants in order to prevent the discharge of harmful wastes into...
Department of Homeland Security Appropriations: FY2018
This report provides an overview and analysis of FY2018 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on congressional direction and funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for specific component appropriations.
As part of an overall budget that the Office of Management and Budget (OMB)...
Science and Technology Issues in the 115th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The constantly changing nature and ubiquity of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement directly by funding and performing research and development and...
Malaysia’s First Democratic Change of Government
In a nationwide parliamentary election on May 9, Malaysia underwent its first democratic change of government since it gained independence in 1959. Voters elected a coalition, Pakatan Harapan (PH), led by former Prime Minister Mahathir Mohamad. The coalition defeated the ruling Barisan Nasional coalition led by the United Malays National Organization (UMNO), a Malay-nationalist party that has dominated Malaysia’s politics since independence. Prime Minister Najib Razak, who had served since 2007, conceded the elections on May 10.
The election was a peaceful and democratic change of...
Credit Growth in the Current Expansion
Credit (debt) plays a crucial role in economic performance by funneling the funds of savers to borrowers. Up to a point, credit growth is necessary for healthy economic growth. But if credit grows too quickly, it can exacerbate economic instability by amplifying a financial boom and bust cycle. For example, the credit boom associated with the last decade’s housing bubble was followed by the 2007-2009 financial crisis, which featured a sharp contraction in credit that was both a cause and symptom of the Great Recession and the sluggish economic recovery that followed. As the economy has...
An estimated 25% of students ride school buses to school and school-related events annually. Nationwide, an average of six school bus passengers die each year in traffic crashes. School buses have the lowest death rate of any mode of transporting children to school in the United States. Yet incidents such as the fatal May 17 crash of a school bus and a dump truck in New Jersey may revive a debate about whether federal regulations could make school buses even safer. The National Transportation Safety Board is meeting on May 22 to consider a Special Investigation Report based on...
By the end of 2017, the People’s Republic of China (PRC) had the world’s largest number of internet users, estimated at over 750 million people. At the same time, the country has one of the most sophisticated and aggressive internet censorship and control regimes in the world. PRC officials have argued that internet controls are necessary for social stability, and intended to protect and strengthen Chinese culture. However, in its 2017 Annual Report, Reporters Without Borders (Reporters Sans Frontières, RSF) called China the “world’s biggest prison for journalists” and warned that the...
Indian Health Service (IHS) FY2019 Budget Request and Funding History: A Fact Sheet
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. IHS provides health care for approximately 2.2 million eligible American Indians/Alaska Natives through a system of programs and facilities located on or near Indian reservations, and through contractors in certain urban areas. IHS provides services to members of 573 federally recognized tribes. It provides services either directly or through facilities and programs operated by Indian tribes or tribal...
U.S. and Global Trade Agreements: Issues for Congress
Congress plays a prominent role in shaping, debating, and approving legislation to implement trade agreements, and over the past three decades, bilateral and regional trade agreements (RTAs, or free trade agreements (FTAs) in the U.S. context) have become a primary source of new international trade liberalization commitments. The United States has historically pursued FTAs to open markets for U.S. goods, services, and agriculture, and establish trade rules and disciplines to enhance overall domestic and global economic growth. They are actively debated and can be contentious due to...
The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) passed the Senate on March 14, 2018. The bill generally aims to provide regulatory relief to banks, relax mortgage lending and capital formation rules, and provide additional consumer financial protections. The bill addresses a number of policy issues that are also addressed by the Financial CHOICE Act (H.R. 10), which was passed by the House on June 8, 2017, and other House bills that have been passed by the House or otherwise seen legislative action in the 115th Congress. The table below matches the policy...
Issues in Autonomous Vehicle Deployment
Legislation recently passed by the House of Representatives—H.R. 3388—and pending in the Senate—S. 1885—would provide new regulatory tools to the National Highway Traffic Safety Administration (NHTSA) to oversee autonomous vehicles. Autonomous vehicles are seen as a way to reduce motor vehicle crashes; for example, there were 37,461 deaths from motor vehicle crashes in 2016 and nearly all of them were caused by driver error. However, despite unanimous approval in House and Senate committees and on the House floor, the legislation has proven controversial in the wake of several high-profile...
Harry W. Colmery Veterans Educational Assistance Act of 2017 (P.L. 115-48)
Since the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill; P.L. 110-252), Congress has enacted several bills aimed to improve it. Congress’s most recent effort to refine the Post-9/11 GI Bill and respond to stakeholder feedback is the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Colmery Act; P.L. 115-48), enacted on August 16, 2017. The Colmery Act enacted over 30 amendments to the Post-9/11 GI Bill and other programs administered by the Department of Veterans Affairs (VA). Most provisions become effective on enactment or on August...
The Social Security Administration (SSA) is responsible for administering two federal entitlement programs established under the Social Security Act that provide income support to individuals with severe, long-term disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is a work-related social insurance program authorized under Title II of the act that provides monthly cash benefits to nonelderly disabled workers and their eligible dependents, provided the workers accrued a sufficient number of earnings credits during their careers in jobs...
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) requires that large employers either provide health coverage to full-time employees or face a potential assessment of an Employer Shared Responsibility Payment (ESRP). As explained in CRS Report R43981, The Affordable Care Act’s (ACA) Employer Shared Responsibility Determination and the Potential Employer Penalty, this “employer penalty” may be assessed by the Internal Revenue Service (IRS) if at least one of employer’s full-time employees obtains a premium tax credit or cost-sharing reduction through a health...
CRS Products on the North American Free Trade Agreement (NAFTA)
The North American Free Trade Agreement (NAFTA) is a free trade agreement among the United States, Canada, and Mexico that entered into force on January 1, 1994. NAFTA includes 8 parts consisting of 22 chapters and 2 side agreements. The main text of the agreement contains provisions on tariff and nontariff barrier elimination, customs procedures, energy, agriculture, technical barriers to trade, government procurement, foreign investments, services trade, temporary entry for business persons, intellectual property rights protection (IPR), and dispute resolution procedures. Two side...
Liberia: Political Transition and U.S. Relations
Liberia, a small coastal West African country on the Gulf of Guinea, has made substantial development gains since the end of the second of two civil wars (1989-1997 and 1999-2003). In late 2017, Liberia held its third post-war general election. George Weah, a former soccer star, won the presidential election in a runoff and was inaugurated on January 22, 2018. Weah succeeded two-term president Ellen Johnson Sirleaf, who was constitutionally prohibited from seeking a third term, in Liberia’s first electoral transfer of state executive power since 1944.
Weah’s policy agenda focuses on four...
Financial Regulation: The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155)
The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) was passed by the Senate on March 14, 2018. The bill generally aims to provide regulatory relief to banks, relax mortgage lending rules, relax capital formation regulations, and provide additional consumer protections related to credit reporting and other areas. This Insight briefly highlights major policy proposals. For a more detailed examination, see CRS Report R45073, Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) and Selected Policy Issues, coordinated by David W. Perkins.
Some...
FDA to Consider Whether and How to Lower Permissible Nicotine Levels in Cigarettes
On March 15, 2018, the U.S. Food and Drug Administration (FDA) issued an advance notice of proposed rulemaking (ANPRM) entitled Tobacco Product Standard for Nicotine Level of Combusted Cigarettes. FDA states that it is considering setting a maximum nicotine level for traditional (a.k.a. “combusted”) cigarettes in order to make them minimally addictive or nonaddictive. This notice begins what could be a complex, contentious, and multi-year process during which FDA will solicit public comments (the public comment period for the initial ANPRM will expire on June 14, 2018) and marry that...
Energy and Water Development: FY2018 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps); the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
President Trump submitted his FY2018 budget proposal to Congress on May 23, 2017. The budget requests for agencies included in the Energy and Water Development appropriations bill...
On May 6, 2018, Lebanon held its first legislative elections in nine years. The results showed that parties allied with Hezbollah increased their share of seats from roughly 44% to 53%. However, as in past Lebanese governments, rival parliamentary blocs will likely need to reach consensus in order to secure the passage of major policy initiatives.
The 128 seats in Lebanon’s parliament, known formally as the Chamber of Deputies, are divided evenly between Christians and Muslims. This reflects Lebanon’s broader political system in which power is divided among the country’s various religious...
Proposed CHIP Rescissions in the Trump Administration’s Rescission Request
On Tuesday, May 8, 2018, the Trump Administration submitted to Congress a proposal for 38 rescissions of budget authority, totaling $15.4 billion. In their transmission, the Office of Management and Budget stated that these rescissions were transmitted pursuant to Section 1012 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 683). The proposal includes $7.0 billion in rescissions from the State Children’s Health Insurance Program (CHIP), which is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that...
Defining Broadband: Minimum Threshold Speeds and Broadband Policy
Broadband—whether delivered via fiber, cable modem, copper wire, satellite, or mobile wireless—is increasingly the technology underlying telecommunications services such as voice, video, and data. Since the initial deployment of high-speed internet in the late 1990s, broadband technologies have been deployed throughout the United States primarily by the private sector. These providers include telephone, cable, wireless, and satellite companies as well as other entities that provide commercial telecommunications services to residential, business, and institutional customers.
How broadband...
Federal Crop Insurance: Program Overview for the 115th Congress
Since its inception in 1938, the federal crop insurance program has evolved from an ancillary program with low participation to a central pillar of federal support for agriculture. From 2007 to 2016, the federal crop insurance title had the second-largest outlays in the farm bill after nutrition. The total net cost of the program for crop years 2007-2016 was about $72 billion, of which $43 billion (60%) was of direct benefit to producers, $28 billion (39%) went to private insurers, and $754 million (1%) went to the Risk Management Agency (RMA) within the U.S. Department of Agriculture...
The Enactment of Appropriations Measures During Lame Duck Sessions
Eleven of the past 12 Congresses, covering the 103rd Congress through the 114th Congress, have concluded with a lame duck session. (No such session occurred in 1996, during the 104th Congress.) Under contemporary conditions, any meeting of Congress that occurs between a congressional election in November and the following January 3 is a lame duck session. The significant characteristic of a lame duck session is that its participants are the sitting Members of the existing Congress, not those who will be entitled to sit in the new Congress.
The enactment of appropriations measures has been...
After two weeks of political upheaval, Armenia has a new prime minister, Nikol Pashinian, a former opposition leader, parliamentary deputy, and journalist. Many observers believe this development has the potential to transform politics in Armenia, a small, landlocked Russian ally in the South Caucasus that also has enjoyed a history of U.S. and European support.
A Changing Political Landscape
On April 23, 2018, Serzh Sargsyan, Armenia’s president from 2008 to early April 2018, unexpectedly resigned from his new post as prime minister amid growing protests. The next week, the ruling...
Oil and Gas Activities Within the National Wildlife Refuge System
Oil- and gas-related wells are documented in 110 (approximately 18%) of the 605 units of the National Wildlife Refuge System (NWRS). The U.S. Fish and Wildlife Service (FWS), in the Department of the Interior (DOI), administers the NWRS, which includes primarily national wildlife refuges, along with wetland management districts and waterfowl production areas. The wells in the NWRS most commonly involve nonfederal oil and gas resources but sometimes encompass federal resources. Oil and gas development in the NWRS has the potential to adversely impact wildlife and/or the environment, and...
U.S. Foreign Assistance to Latin America and the Caribbean: FY2018 Appropriations
The United States provides foreign assistance to the nations of Latin America and the Caribbean to support development and other U.S. objectives. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to promoting democracy and open markets since the 1990s. Over the past year, the Trump Administration has sought to reduce foreign aid significantly and refocus U.S. assistance efforts in the region to address U.S. domestic concerns, such as irregular migration and transnational crime.
FY2018...
U.S. Decision to Cease Implementing the Iran Nuclear Agreement
On May 8, 2018, President Donald Trump announced that his Administration would cease implementing U.S. commitments under the 2015 multilateral Joint Comprehensive Plan of Action (JCPOA) with Iran and reimpose all U.S. sanctions that were in place prior to the JCPOA. His announcement made reference to his previous statements on the issue, including an October 13, 2017, announcement of U.S. strategy on Iran and a January 12, 2018, statement pledging to leave the agreement unless Congress and U.S. allies acted to address the full range of U.S. concerns on Iran. In his May 8 and earlier...
Science, Technology, and Innovation Policy: CRS Experts
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cience, technology, and innovation (STI) play important roles in the nation’s economic and military strength, public health and safety, and the quality of our lives. Individuals, companies, governments, universities, and other organizations fund, conduct, disseminate, and acquire science and technology for a myriad of purposes. Among the purposes: providing for the national defense and homeland security; improving manufacturing processes and enabling the manufacture of new products; developing new materials; advancing computing and communications tools; preventing and treating disease,...
How FDA Approves Drugs and Regulates Their Safety and Effectiveness
The Food and Drug Administration (FDA), a regulatory agency within the Department of Health and Human Services, regulates the safety and effectiveness of drugs sold in the United States. FDA divides that responsibility into two phases. In the preapproval (premarket) phase, FDA reviews manufacturers’ applications to market drugs in the United States; a drug may not be sold unless it has FDA approval. Once a drug is on the market, FDA continues its oversight of drug safety and effectiveness. That postapproval (postmarket) phase lasts as long as the drug is on the market. Beginning with the...
FY2018 Appropriations for Department of Justice Grant Programs
Each year, Congress and the Administration provide funding for a variety of grant programs through the Department of Justice (DOJ). These programs are used to fund state, local, and tribal governments and nonprofit organizations for a variety of criminal justice-related purposes, such as efforts to combat violence against women, reduce backlogs of DNA evidence, support community policing, assist crime victims, promote prisoner reentry, and improve the functioning of the juvenile justice system. These programs are funded through five accounts in the annual Commerce, Justice, Science, and...
Is the U.S. Economy Growing Faster? Can It Grow Faster?
The current economic expansion has been characterized by slower economic growth than the preceding 10 expansions. At 2.2%, average annual growth in this expansion has been slower than in the preceding 10 expansions (see Figure 1). President Trump has pledged to increase growth to 3%, an increase of 0.8 percentage points. This Insight examines recent economic growth and factors that could foster or hinder a higher rate in the future.
Recent Economic Growth
Economic growth is the predominant measure of the change in material living standards. It is the increase in the production of goods and...
Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations
U.S. economic sanctions on Cuba date back to the early 1960s when the Cuban government under Fidel Castro began to build a repressive communist dictatorship and aligned with the Soviet Union. The trade embargo was first imposed in 1962 under the authority of the Foreign Assistance Act of 1961 and the Trading with the Enemy Act and soon broadened to include a prohibition on most financial transactions with Cuba. In 1963, the Department of the Treasury issued the Cuban Assets Control Regulations (CACR); they remain the main body of embargo regulations today, and have been amended many times...
The legal procedure through which the United States withdraws from treaties and other international agreements has been the subject of long-standing debate between the legislative and executive branches. Recently, questions concerning the role of Congress in the withdrawal process have arisen in response to President Donald J. Trump’s actions related to certain high-profile international commitments. This report outlines the legal framework for withdrawal from international agreements under domestic and international law, and it applies that framework to two pacts that may be of...
College and University Endowments: Overview and Tax Policy Options
Colleges and universities maintain endowments to directly support their activities as institutions of higher education. Endowments are typically investment funds, but may also consist of cash or property. Current tax law benefits endowments and the accumulation of endowment assets. Generally, endowment fund earnings are exempt from federal income tax. The 2017 tax revision (P.L. 115-97), however, imposes a new 1.4% excise tax on the net investment earnings of certain college and university endowments. Taxpayers making contributions to college and university endowment funds may be able to...
Trump-Abe Meeting and Prospects for U.S.-Japan Trade Talks
Overview
Since coming into office, the Trump Administration has expressed concerns about the U.S. trade deficit with Japan and an interest in talks on a bilateral free trade agreement (FTA), a move Japan has resisted. On April 17-18, 2018, President Trump and Prime Minister Abe held a summit to discuss U.S.-Japan relations and regional security issues. Trade was a highly anticipated subject of the meeting.
Several recent trade developments posed an important backdrop to the meeting. In early March, Japan with 10 other countries, not including the United States, signed the Comprehensive...
Congressional Debate on FAA Reauthorization Charts New Legislative Path
On April 27, 2018, the House passed the FAA Reauthorization Act of 2018 (H.R. 4), a six-year reauthorization measure that does not include a controversial proposal laid out in an earlier bill, H.R. 2997, to privatize air traffic control. The measure now proceeds to the Senate, where the Commerce, Science, and Transportation Committee ordered to be reported a four-year Federal Aviation Administration (FAA) reauthorization (S. 1405) that does not address air traffic control privatization. Despite similarities, there are also differences in the two bills, including the length of...
Section 232 Steel and Aluminum Tariffs: Potential Economic Implications
On March 23, the United States began applying 25% and 10% tariffs, respectively, on certain steel and aluminum imports. The Administration has stated it is open to discussing terms for permanent exemptions from the tariffs for U.S. trading partners, based on addressing the perceived threat to national security. Pending such negotiations, U.S. imports of steel and aluminum from Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the European Union were initially exempt from the tariffs until May 1. On April 30, the President extended for 30 days the temporary exemption from the...
High Intensity Drug Trafficking Areas (HIDTA) Program
Drug trafficking is a significant public health and safety threat facing the United States. The federal government has taken a variety of actions aimed at countering this threat. These have ranged from giving law enforcement more tools for combatting traffickers to establishing programs and initiatives to reduce the supply of and demand for illegal drugs. Within the larger framework of the federal government’s efforts to counter drug trafficking is the High Intensity Drug Trafficking Areas (HIDTA) program. The program supports multiagency activities ranging from enforcement initiatives...
Commerce, Justice, Science and Related Agencies (CJS) FY2018 Appropriations: Trade-Related Agencies
This report tracks and provides an overview of actions taken by the Administration and Congress to provide FY2018 appropriations for the International Trade Administration (ITA), the U.S. International Trade Commission (USITC), and the office of the United States Trade Representative (USTR). These three trade-related agencies are funded through the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations act. This report also provides an overview of three trade-related programs administered by ITA, USITC, and USTR.
The Consolidated Appropriations Act, 2017 (P.L....
This report, in light of continued Senate interest in the judicial confirmation process during a President’s first year in office, provides statistics related to the nomination and confirmation of U.S. circuit and district court nominees during the first year of the Trump presidency (as well as during the first year of each of his three immediate predecessors—Presidents Barack Obama, George W. Bush, and Bill Clinton).
Some of the report’s findings regarding circuit court nominations include the following:
The number of U.S. circuit court vacancies decreased by 1, from 17 to 16, during the...
Farm Bill Programs Without a Budget Baseline Beyond FY2018
The 2014 farm bill (the Agricultural Act of 2014, P.L. 113-79) provided mandatory funding for many programs. Some of these programs have a budget baseline beyond the end of the farm bill in FY2018, while others do not. The Congressional Budget Office (CBO) baseline is a projection at a particular point in time of what future federal spending on mandatory programs would be under current law. This baseline is the benchmark against which proposed changes in law are measured. This report identifies mandatory programs in the 2014 farm bill that lack a budget baseline and explains the...
As expected, Cuban President Raúl Castro stepped down from power on April 19, 2018, and the communist government’s 605-member National Assembly of People’s Power selected First Vice President Miguel Díaz-Canel Bermúdez as president of the Council of State. Pursuant to Cuba’s Constitution (Article 74), the president of the Council of State is also Cuba’s head of state and government. Castro, currently 86 years old, just finished his second five-year term as president. He will remain in his position as first secretary of the Cuban Communist Party (PCC), which could give him continued...
FY2018 Appropriations for the Department of Justice
The Department of Justice (DOJ) was established in 1870 with the Attorney General as its leader. Since its creation, DOJ has added additional agencies, offices, boards, and divisions to its organizational structure. DOJ, along with the judicial branch, operates the federal criminal justice system. The department enforces federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws. Through agencies such as the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives...
Electric Reliability and Power System Resilience
Electricity is vital to the commerce and daily functioning of the United States. Nowhere has this been demonstrated more significantly than in Puerto Rico and the U.S. Virgin Islands where the effects of the widespread loss of electricity after Hurricane Maria are still being felt. Subsequently, there has been much discussion about electric system reliability, and how electric systems can improve resiliency. And while the effects were not as catastrophic, the impacts of the Bomb Cyclone in January 2018 caused some to question whether the increasing retirements of coal and nuclear power...
Overview of FY2018 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Administration and Congress to provide FY2018 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2017 appropriations for agencies and bureaus funded as part of annual CJS appropriations.
Division B of the Consolidated Appropriations Act, 2017 (P.L. 115-31) provided a total of $66.360 billion (which includes $109 million in emergency-designated funding) for CJS. Under the act, the Department of Commerce received $9.237 billion, the Department of Justice received $28.962 billion,...
Fatherhood Initiatives: Connecting Fathers to Their Children
Long-standing research indicates that children raised in one-parent homes are more likely than children raised in homes with both biological parents to do poorly in school, have emotional and behavioral problems, become teenage parents, and have poverty-level incomes as adults. In an effort to improve the long-term outlook for children in one-parent homes, federal, state, and local governments, along with public and private organizations, have supported programs and activities that promote the financial and personal responsibility of noncustodial parents to their children and reduce the...
Unemployment and Employment Programs Available to Workers Affected by Disasters
The federal government supports several programs that can provide assistance to workers who lose their jobs as a result of a natural or other disaster. In many cases, disaster-affected workers will be served by permanent programs and systems that generally provide assistance to workers who involuntarily lose their jobs. In some cases, disaster-triggered federal supports may be made available to provide additional assistance or aid to workers who do not qualify for assistance under the permanent programs.
This report discusses two income support programs and two workforce service programs....
Establishment of Task Force on the U.S. Postal Service
On April 12, 2018, President Donald Trump established a task force on the U.S. Postal Service via Executive Order (EO) 13829. Under the EO, the task force must evaluate and provide a report on the following: the expansion and pricing of package delivery services; letter mail volume decline; the definition of the universal service obligation” (USO); the role of USPS in rural areas; and USPS’s business model and operations. This CRS Insight discusses the task force and the topics the task force is directed to address. It concludes with potential issues for congressional consideration....
Abortion At or Over 20 Weeks’ Gestation: Frequently Asked Questions
Legislation at the federal and state levels seeking to limit or ban abortions in midpregnancy has focused attention on the procedure and the relatively small number of women who choose to undergo such an abortion. According to the Guttmacher Institute, about 926,200 abortions were performed in 2014; 1.3% of abortions were performed at or over 21 weeks’ gestation in 2013. A 2018 National Academies of Sciences, Engineering, and Medicine study found that most women who have abortions are unmarried (86%), are poor or low-income (75%), are under age 30 (72%), and are women of color...
During the events of September 11, 2001 (9/11), first responders could not communicate with each other. Some radios did not work in the high-rise World Trade Center; radio channels were overloaded by the large number of responders trying to communicate; and public safety radio systems operated on various frequencies and were not interoperable. There were also non-technical issues. Officials struggled to coordinate the multi-agency response, and to maintain command and control of the numerous agencies and responders.
The 9/11 Commission called for the “expedited and increased assignment of...
OPEC and Non-OPEC Crude Oil Production Agreement: Compliance Status
On November 30, 2016—in an effort to stabilize declining oil prices—the Organization of the Petroleum Exporting Countries (OPEC) announced an agreement whereby 11 of the then-active 13 members would reduce crude oil production by approximately 1.2 million barrels per day (bpd) for 6 months starting January 1, 2017. On December 10, 2016, OPEC announced that 11 non-OPEC countries, led by Russia, had joined the agreement by pledging to further reduce oil production by 558,000 bpd. This “Declaration of Cooperation” to collectively reduce oil production by approximately 1.7 million bpd has been...
White House Directs EPA to Review Air Quality Standards and Permitting Process
A new White House memorandum directs the U.S. Environmental Protection Agency (EPA) to review and streamline Clean Air Act implementation. Its stated aims are to protect air quality “while reducing unnecessary impediments to new manufacturing and business expansion.”
Since 2011, congressional actions on air quality issues have centered on EPA’s regulatory authority, including EPA’s 2015 revision to ozone air quality standards. Two recent bills—H.R. 806 and S. 263—would, among other things, delay designation of areas not meeting the ozone standards and extend EPA’s review period for air...
U.S. Funding to the United Nations System: Overview and Selected Policy Issues
Members of Congress are responsible for authorizing and appropriating U.S. funding to the United Nations (U.N.) system. Over the years, congressional interest in U.N. funding has largely focused on three key questions: What are appropriate levels of U.S. funding to U.N. entities? Are U.S. contributions used as efficiently and effectively as possible? How, if at all, should the United States leverage U.S. contributions to achieve its policy priorities in U.N. bodies? U.N. System Funding The U.N. system is made up of interconnected entities including specialized agencies, funds and...
The Consumer Product Safety Act: A Legal Analysis
The Consumer Product Safety Commission (CPSC or Commission) was established in 1972 by the Consumer Product Safety Act (CPSA) “to protect the public against unreasonable risks of injury associated with consumer products.” The CPSC is empowered to meet this objective through a blend of consumer monitoring, research, investigations, safety standard-setting, and enforcement powers. The Commission’s jurisdiction under the CPSA is largely governed by the definition of “consumer product,” which is broad in scope, although a number of products that generally are regulated by other federal...
U.S. Trade with Free Trade Agreement (FTA) Partners
During the Obama Administration, the United States negotiated two mega-regional free trade agreements that its participants argued were comprehensive and high-standard: the Trans-Pacific Partnership (TPP) among the United States and 11 other countries, and the U.S.-European Transatlantic Trade and Investment Partnership (T-TIP). The 12 TPP countries signed the agreement in February 2016, but the agreement required ratification by each country before it could enter into force. In the United States, this required implementing legislation by Congress. Upon taking office, President Trump...
Transatlantic Perspectives on Defense Innovation: Issues for Congress
The North Atlantic Treaty Organization (NATO) has a renewed focus on defense and deterrence in Europe. In the past, NATO relied at least in part on its military technological superiority over potential adversaries for defense and deterrence in Europe, but some policymakers are increasingly concerned that NATO’s technological superiority is eroding.
Russia, China, and others are modernizing their militaries, investing in new and emerging technologies, and exploring their applications for defense. In addition, NATO faces rising operating costs, and both conventional and hybrid challenges in...
Work Authorization for H-4 Spouses of H-1B Temporary Workers: Frequently Asked Questions
H-4 nonimmigrant visas allow spouses and unmarried children (under 21 years of age) of H-1B temporary workers to join them in the United States. Eligibility for employment authorization for H-4 nonimmigrants was instituted by regulation in 2015 and is limited to those whose spouses are H-1B nonimmigrants who are in the process of obtaining employment-based lawful permanent resident (LPR) status.
The Trump Administration is proposing to rescind this regulation, thus removing eligibility for work authorization for H-4 nonimmigrants. Congress has expressed interest in the background and...
Cross-Border Data Sharing Under the CLOUD Act
Law enforcement officials in the United States and abroad increasingly seek access to electronic communications, such as emails and social media posts, stored on servers and in data centers in foreign countries. Because the architecture of the internet allows technology companies to store data at a great distance from the physical location of their customers, electronic communications that could serve as evidence of a crime often are not housed in the same country where the crime occurred. This disconnect has caused governments around the world, including the United States, to seek data...
The Earned Income Tax Credit (EITC): Administrative and Compliance Challenges
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. Since the credit is refundable, an EITC recipient need not owe taxes to receive the benefit. Hence, many low-income workers, especially those with children, can receive significant financial assistance from this tax provision.
Studies indicate that a relatively high proportion of EITC payments are issued incorrectly. The Treasury Department estimates that in FY2017 between 21.9% and 25.8% of EITC payments—between $14.9 billion and $17.6 billion—were issued improperly....
Financial Services and General Government (FSGG) FY2018 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodity Futures Trading Commission (CFTC) is funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate.
President Trump submitted his FY2018 budget request on May 23, 2017. The request included a total of $45.2...
Australia, China, and the Indo-Pacific
Recent debate in Australia on regional strategic challenges has focused on China’s rising influence, the durability of the U.S.-Australian alliance, and how Australia should respond and position itself relative to related changes in Indo-Pacific power dynamics. This debate is framed by increasing concern in Australia about the influence of China and those who promote its interests, despite the fact that China remains a key economic and trade partner. Australia’s outlook is also affected by uncertainty about the Trump Administration’s transactional approach to the alliance with Australia...
China-India Great Power Competition in the Indian Ocean Region: Issues for Congress
The Indian Ocean Region (IOR), a key geostrategic space linking the energy-rich nations of the Middle East with economically vibrant Asia, is the site of intensifying rivalry between China and India. This rivalry has significant strategic implications for the United States. Successive U.S. administrations have enunciated the growing importance of the Indo-Pacific region to U.S. security and economic strategy. The Trump Administration’s National Security Strategy of December 2017 states that “A geopolitical competition between free and repressive visions of world order is taking place in...
The Senate “Two-Hour Rule” Governing Committee Meeting Times
Paragraph 5(a) of Senate Rule XXVI, sometimes referred to as the “two-hour rule,” restricts the times that most Senate committees and subcommittees can meet when the full Senate is in session. The rule is intended to help balance the Senate’s committee and floor work and to minimize the logistical conflicts that Senators face between participating in committee hearings and markups and attending to their duties on the chamber floor.
Under the terms of the rule, no Senate committee or subcommittee (except the Committees on Appropriations and Budget and their subcommittees) can meet after...
The Mental Health Workforce: A Primer
Congress has held hearings and some Members have introduced legislation addressing the interrelated topics of the quality of mental health care, access to mental health care, and the cost of mental health care. The mental health workforce is a key component of each of these topics. The quality of mental health care depends partially on the skills of the people providing the care. Access to mental health care relies on, among other things, the number of appropriately skilled providers available to provide care. The cost of mental health care depends in part on the wages of the people...
The Economic Effects of Trade: Overview and Policy Challenges
During the Obama Administration, the United States negotiated two comprehensive and high-standard mega-regional free trade agreements: the Trans-Pacific Partnership (TPP) among the United States and 11 other countries, and the U.S.-European Transatlantic Trade and Investment Partnership (T-TIP). The 12 TPP countries signed the agreement in February 2016, but the agreement required ratification by each country before it could enter into force. In the United States this requires implementing legislation by Congress. Upon taking office, President Trump withdrew the United States from the TPP...
France and U.S.-French Relations: In Brief
French President Emmanuel Macron took office in May 2017 promising to shake up a political system he characterized as out of touch, revive the stagnant French economy, and revitalize French leadership of the 28-member European Union (EU). Since that time, he has sought to advance a centrist, reform-oriented domestic agenda while pursuing a “traditional” French foreign and defense policy that emphasizes European integration and a strong French presence in global affairs.
Although Macron has the support of a solid majority in the French parliament, he faces challenges in advancing his...
A Peace Treaty with North Korea?
This report explores the possiblity of concluding a peace treaty with North Korea. Also known as a peace settlement or peace mechanism. North Korea always wants bilateral negotiations with the United States, but a peace treaty would require China, the other signator of the armistice that ended the Korean War. The United Nations Command, or UNC, would also be involved in negotiations. In the Six-Party talks, this idea was explored but fell apart, as it was in Four-Party Talks. Japan and Russia would also be concerned with any peace settlement. South Korean president Moon Jae-in has...
Legislative Branch: FY2018 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The FY2018 legislative branch budget request of $4.865 billion was submitted on May 23, 2017. In general, FY2018 legislative branch budget requests were...
U.S. Farm Commodity Support: An Overview of Selected Programs
Federal efforts to bolster farm household incomes and the rural economy by providing support to producers of key crops has been a central pillar of U.S. farm policy since such programs were first introduced in the 1930s. Current farm support programs are counter-cyclical in design—that is payments are triggered when the annual market price for an eligible crop drops below a statutory minimum or when revenue is below a guaranteed level. The farm commodity program provisions in Title I of the Agricultural Act of 2014 (P.L. 113-79, the 2014 farm bill) consists of three types of support for...
Department of Housing and Urban Development (HUD): FY2019 Budget Request Fact Sheet
Overview of FY2019 President’s Budget request for the Department of Housing and Urban Development (HUD).
The National Flood Insurance Program (NFIP), Reinsurance, and Catastrophe Bonds
Insurance generally serves to transfer risk from one entity who does not want to bear that risk to another entity that does. An initial insurance purchase, such as homeowners buying a policy to cover damage to their home, however, is often only the first transfer of that risk. The initial (or primary) insurer may then transfer (or cede) some or all of this risk to another company or investor, such as a reinsurer. Such risk transfers are, on the whole, a net cost for primary insurers, just as purchasing insurance is a net cost for homeowners.
The Homeowner Flood Insurance Affordability Act...
The Orderly Liquidation Authority: Reform Proposals
The Orderly Liquidation Authority (OLA) was created by Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; Dodd-Frank) to allow the Federal Deposit Insurance Corporation (FDIC) to resolve certain failing financial institutions whose collapse could threaten the stability of the financial system. Although OLA has never been used, it has become the subject of a number of reform proposals. This Insight briefly describes the OLA and two prominent examples of such proposals.
Overview
A failed company (banks and insurance companies are notable exceptions) will...
Comparing DHS Component Funding, FY2018: In Brief
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. Table 1 and Figure 1 show DHS’s new discretionary budget authority enacted for FY2017 and requested by the Administration for FY2018, as well as the House committee-reported response, broken down by component—from largest to smallest appropriations request.
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2017, FY2018 funding analysis H.R. 3355 H.Rept. 115-239 H.R. 3354 P.L....
U.S-Vietnam Economic and Trade Relations: Key Issues in 2018
President Trump’s decision in January 2017 to withdraw the United States from the proposed Trans-Pacific Partnership (TPP) trade agreement removed a major focus of trade relations with the Socialist Republic of Vietnam (Vietnam) since 2008. As a result, trade relations are likely to refocus onto various bilateral trade issues such as the rising U.S. bilateral merchandise trade deficit with Vietnam, Vietnam’s desire to be recognized as a market economy, and various elements of each nation’s trade policies and regulations. Congress may play a role in each of these trade issues.
Over the...
OMB and Treasury Agree on Process for Issuing New Tax Rules
UPDATE: On April 12, 2018, the Department of the Treasury and the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) announced that they reached an agreement on the issue of OIRA review of Internal Revenue Service (IRS) rules. The two agencies signed a new memorandum of agreement (MOA), under which OIRA will review certain significant tax regulations under a specified time limit—generally, not longer than 45 days, but with the potential for an expedited review of up to 10 business days. In addition, within one year after the date of the...
Department of State, Foreign Operations, and Related Programs: FY2018 Budget and Appropriations
Nearly six months after the start of FY2018, the 115th Congress enacted the Consolidated Appropriations Act, 2018 (H.R. 1625; P.L. 115-141, signed March 23, 2018), which provided FY2018 funding for the Department of State, Foreign Operations, and Related Programs (SFOPS). Division K of the actState, Foreign Operations, and Related Programs (SFOPS) provided a total of $54.18 billion, including Overseas Contingency Operations (OCO) funds and rescissions. This represented a decrease of 6.1% from the FY2017 actual funding level. Of the total, $16.22 billion (not including rescissions) was for...
Offshore Oil and Gas Development: Legal Framework
The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards.
Governance of offshore minerals and regulation of development activities are bifurcated between state and federal law. Generally, states have primary authority in the area extending three geographical miles from their coasts. The...
Regulatory Reform 10 Years After the Financial Crisis: Dodd-Frank and Securities Law
From 2007-2009, the United States experienced what many commentators believe was the worst economic crisis since the Great Depression. In the wake of the crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in 2010. Title IX of Dodd-Frank, entitled “Investor Protections and Improvements to the Regulation of Securities,” focuses on the powers and authorities of the Securities and Exchange Commission (SEC) and authorizes the SEC to promulgate certain rules intended to enhance corporate accountability and corporate governance. This report...
Softwood Lumber Imports from Canada: Current Issues
Softwood lumber imports from Canada have been a persistent concern for Congress for decades. Canada is an important trading partner for the United States, but lumber production is a significant industry in many states. U.S. lumber producers claim they are at an unfair competitive disadvantage in the domestic market against Canadian lumber producers because of Canada’s timber pricing policies. This has resulted in five major disputes (so-called lumber wars) between the United States and Canada since the 1980s.
The current dispute (Lumber V) started when the 2006 Softwood Lumber Agreement...
When large, interconnected financial institutions become distressed, policymakers have historically faced a choice between (1) a taxpayer-funded bailout, and (2) the destabilization of the financial system—a dilemma that commentators have labeled the “too-big-to-fail” (TBTF) problem. The 2007-2009 financial crisis highlighted the significance of the TBTF problem. During the crisis, a number of large financial institutions experienced severe distress, and the federal government committed hundreds of billions of dollars in an effort to rescue the financial system. According to some...
U.S. Senate Vacancies: Contemporary Developments and Perspectives
United States Senators serve a term of six years. Vacancies occur when an incumbent Senator leaves office prematurely for any reason; they may be caused by death or resignation of the incumbent, by expulsion or declination (refusal to serve), or by refusal of the Senate to seat a Senator-elect or -designate.
Aside from the death or resignation of individual Senators, Senate vacancies often occur in connection with a change in presidential administrations, if an incumbent Senator is elected to executive office, or if a newly elected or reelected President nominates an incumbent Senator or...
Class Action Lawsuits: A Legal Overview for the 115th Congress
A class action is a procedure by which a large group of entities (known as a “class”) may challenge a defendant’s allegedly unlawful conduct in a single lawsuit, rather than through numerous, separate suits initiated by individual plaintiffs. In a class action, a plaintiff (known as the “class representative,” the “named representative,” or the “named plaintiff”) may sue the defendant not only on his own behalf, but also on behalf of other entities (the “class members”) who are similarly situated to the class representative in order to resolve any legal or factual questions that are common...
An Overview of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others
Since at least the 1970s, immigration authorities in the United States have sometimes exercised their discretion to grant temporary reprieves from removal to non-U.S. nationals (aliens) present in the United States in violation of the Immigration and Nationality Act (INA). Well-known types of reprieves include deferred action, Deferred Action for Childhood Arrivals (DACA), and Temporary Protected Status (TPS). The authority to grant some types of discretionary reprieves from removal, including TPS, comes directly from the INA. The authority to grant other types of reprieves generally...
The Bipartisan Budget Act of 2018 and an FY2019 Budget Resolution
The Bipartisan Budget Act of 2018 (BBA 2018, P.L. 115-123), enacted February 9, 2018, amended the statutory discretionary spending limits for FY2018 and FY2019. BBA 2018 comprised several other components as well, one of which was related to a congressional budget resolution for FY2019. These BBA 2018 “budget resolution” provisions (which may be referred to as a “deemer” or a budget resolution substitute) provide the House and Senate with enforceable levels of spending and revenue for FY2019 in ways that a “traditional” budget resolution would. While it is not unusual for Congress to...
A balanced budget amendment (BBA) proposes to amend the U.S. Constitution to require that “outlays shall not exceed revenues.” Constitutional amendments require a two-thirds vote of approval in both houses of Congress as well as ratification by three-fourths of the states.
Common Components of BBAs
Proposed BBAs have historically included additional provisions that may be as contentious as the requirement that outlays not exceed revenues. Such provisions are summarized below.
Supermajority vote threshold for permitting outlays to exceed receipts. These provisions typically require a...
The Smart Grid: Status and Outlook
The electrical grid in the United States comprises all of the power plants generating electricity, together with the transmission and distribution lines and systems that bring power to end-use customers. The “grid” also connects the many publicly and privately owned electric utility and power companies in different states and regions of the United States. However, with changes in federal law, regulatory changes, and the aging of the electric power infrastructure as drivers, the grid is changing from a largely patchwork system built to serve the needs of individual electric utility...
Residential Energy Tax Credits: Overview and Analysis
Currently, on their 2017 federal income tax return, taxpayers may be able to claim two tax credits for residential energy efficiency. The nonbusiness energy property or “Section 25C” credit expired at the end of 2017. The residential energy efficient property or “Section 25D” credit is scheduled to expire at the end of 2021.
The nonbusiness energy property tax credit (Internal Revenue Code [IRC] §25C) provides homeowners with a tax credit for investments in certain high-efficiency heating, cooling, and water-heating appliances, as well as tax credits for energy-efficient windows and doors....
Business Investment Spending Slowdown
Business capital investment spending is composed of private spending on nonresidential structures (e.g., factories), equipment (e.g., machinery), and intellectual property products (e.g., software). Business investment is a key determinant of economic growth. When businesses add to the capital stock, the value of goods and services (i.e., gross domestic product [GDP]) the economy can produce increases. One reason that economic growth has been lower in the last decade is because business investment spending has grown more slowly. Boosting investment spending was one of the key goals of the...
Sexual Harassment and Title VII: Selected Legal Issues
Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, has interpreted the statute to prohibit certain forms of harassment, including sexual harassment. Since first recognizing the viability of a Title VII harassment claim in a unanimous 1986 decision, the Court has also established legal standards for determining when offensive conduct amounts to a Title VII violation and when employers may be held liable for such actionable harassment, and...
Cameroon’s Anglophone Crisis: Recent Developments and Issues for Congress
Tensions have grown in western Cameroon since the government’s suppression of a protest movement led by members of the country’s minority Anglophone community in late 2016. In 2017, the situation escalated as one Anglophone faction symbolically declared the secession of the region and some Anglophone groups took up arms. While granting minor concessions, the government has arrested dozens of activists and deployed the military to put down unrest. The crisis has heightened historic fissures in Cameroon’s diverse society and adds to the country’s political and security challenges. (See CRS...
China’s Retaliatory Tariffs on Selected U.S. Agricultural Products
On April 2, 2018, the Chinese government implemented retaliatory tariffs on 128 product lines, including 93 U.S. agricultural products, in response to recent U.S. Section 232 tariff actions on certain imports of steel and aluminum products. China is the second largest market for U.S. agricultural exports by value, worth about $19.6 billion in 2017, according to the U.S. Department of Agriculture (USDA). China estimates the targeted U.S. imports are worth roughly $3 billion across all product categories, of which about two-thirds of the value is agricultural products.
China imposed an...
Data, Social Media, and Users: Can We All Get Along?
Introduction
In March 2018, media reported that voter-profiling company Cambridge Analytica had exceeded Facebook’s data use policies by collecting data on millions of Facebook users. Cambridge Analytica did this by working with a researcher to gain access to the data, so the company itself was not the entity seeking access to the information. This allowed Cambridge Analytica to “scrape” or download data from users who had granted access to their profiles, as well as those users’ Facebook friends (whose profiles the first user had access to, but for which the friends did not authorize...
Introduction
A major statutory mission of the SEC is investor protection, which involves requiring companies that offer securities to the public to disclose meaningful financial and other information about themselves to both existing and potential investors. To that end, under the Securities Act of 1933 (the Securities Act), a company that offers or sells its securities to the public is required to register them with the SEC. This securities registration process requires that the company that is issuing the securities disclose key facts, including a description of the company’s assets and...
Regulating the U.S. Campaign Environment: Politics and Policy
Introduction
Members of Congress run campaigns as candidates and regulate them as policymakers. Recent coverage of Cambridge Analytica voter-targeting using Facebook data is one of the latest examples of the connection between campaign conduct and public policy. Reports suggest that this case involves consumer-privacy questions that are normally beyond campaign regulation, and questions about whether foreign nationals were impermissibly involved in campaign decisionmaking—a topic well within campaign finance regulation. In other recent examples, reports of foreign interference in the 2016...
Recently Expired Individual Tax Provisions (“Tax Extenders”): In Brief
Three individual temporary tax provisions expired in 2017. In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Most recently, Congress addressed tax extenders in the Bipartisan Budget Act of 2018 (BBA18; P.L. 115-123). Three of the four individual income tax provisions that had expired at the end of 2016 were extended in the BBA18, retroactive to 2017. These include the
Tax Exclusion for Canceled Mortgage Debt,
Mortgage Insurance Premium Deductibility,...
Introduction
To help restore confidence in the securities markets after the stock market crash of 1929, Congress passed the Securities Exchange Act of 1934, which authorized the creation of the Securities and Exchange Commission (SEC). The SEC is an independent, nonpartisan regulatory agency responsible for administering federal securities laws. It has broad regulatory authority over significant parts of the securities industry, including stock exchanges, mutual funds, investment advisers, and brokerage firms.
Among the major federal securities statutes that the SEC enforces is the...
Business Tax Provisions that Expired in 2017 (“Tax Extenders”)
Twelve temporary business tax provisions expired at the end of 2017. All of these provisions had expired at the end of 2016 but were retroactively extended by the Bipartisan Budget Act of 2018 (BBA; P.L. 115-123) and made available for the 2017 tax year, although one provision was extended through 2021.
This report briefly summarizes and discusses the economic impact of selected business-related tax provisions that expired at the end of 2017, including the following.
Special business investment (cost recovery) provisions:
Special Expensing Rules for Certain Film, Television, and Live...
S. 2155 and Enhanced Regulation for Large Banks
Title I of the 2010 Dodd-Frank Act (12 U.S.C. Ch. 53.) imposed a number of enhanced prudential regulatory requirements for bank holding companies and foreign banks operating in the United States with more than $10 billion or $50 billion in assets, depending on the requirements. These requirements were primarily intended to reduce the systemic risk posed by large financial institutions, which was a major feature of the 2007-2009 financial crisis. Section 401 of S. 2155, which the Senate passed on March 14, 2018, would raise the asset threshold at which these requirements are applied to...
House Committee Markups: Manual of Procedures and Procedural Strategies
A principal responsibility of House committees is to conduct markups—to select legislation to consider, to debate it and vote on amendments to it (to mark up), and to report recommendations on passage to the House. This manual examines procedures and strategy related to committee markups and provides sample procedural scripts.
A committee faces many decisions when it considers a policy matter in a markup. It must select what legislation to mark up; decide whether to mark up in committee only or in both subcommittee and committee; consider the effect of referral on the markup; choose how to...
Trends in Public Transportation Ridership: Implications for Federal Policy
Despite significant investments in public transportation at the federal, state, and local levels, transit ridership has fallen in many of the top 50 transit markets. If strong gains in the New York area are excluded, ridership nationally declined by 7% over the past decade. This report examines the implications for federal transit policy of the current weakness and possible future changes in transit ridership.
Although there has been a lot of research into the factors that explain transit ridership, there seems to be no comprehensive explanation for the recent decline. One complication is...
Agricultural Credit: Institutions and Issues
The federal government provides credit assistance to farmers to help assure adequate and reliable lending in rural areas, particularly for farmers who cannot obtain loans elsewhere. Federal farm loan programs also target credit to beginning farmers and socially disadvantaged groups.
The primary federal lender to farmers, though with a small share of the market, is the Farm Service Agency (FSA) in the U.S. Department of Agriculture (USDA). Congress funds FSA loans with annual discretionary appropriations—about $90 million of budget authority and $317 million for salaries—to support $8...
Agriculture and Related Agencies: FY2018 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development, since mandatory amounts are generally set by authorizing laws such as the farm bill.
The largest discretionary spending items are the Special Supplemental Nutrition Program for Women,...
FY2018 Appropriations Overview: Census Bureau and Bureau of Economic Analysis
This report discusses FY2018 appropriations (discretionary budget authority) for the Bureau of Economic Analysis (BEA) and Bureau of the Census (Census Bureau), historic components of the Economics and Statistics Administration (ESA) in the U.S. Department of Commerce. This report will be updated as legislative developments warrant.
The Administration’s FY2018 budget request assumes the termination of ESA and proposes $97.0 million for BEA, $6.8 million (6.6%) less than the $103.8 million enacted for FY2017.
The FY2018 request for the Census Bureau is $1,497.0 million, $27.0 million...
Department of Health and Human Services: FY2019 Budget Request
This report provides information about the FY2019 budget request for the Department of Health and Human Services (HHS). The report begins by reviewing the department’s mission and structure. Next, the report offers a brief explanation of the conventions used for the FY2018 estimates and FY2019 request levels in the budget documents released by the HHS and the Office of Management and Budget (OMB). The report also discusses the concept of the HHS budget as a whole, in comparison to how funding is provided to HHS through the annual appropriations process. The report concludes with a...
Unauthorized Childhood Arrivals: Legislative Activity in the 115th Congress
Legislative activity in the 115th Congress on unauthorized childhood arrivals (foreign nationals who as children were brought to live in the United States by their parents or other adults) comes in response to a decision announced by the Trump Administration on September 5, 2017, to terminate the Deferred Action for Childhood Arrivals (DACA) policy. The DACA policy was established by the Obama Administration in 2012 to provide eligible individuals with temporary protection against removal from the United States and work authorization. Initial DACA grants were for two years and could be...
The Elementary and Secondary Education Act (ESEA) is the primary source of federal aid to elementary and secondary education. The ESEA was last reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) in 2015. The Title I-A program has always been the largest grant program authorized under the ESEA. Title I-A grants provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
The U.S. Department of Education (ED) determines Title I-A...
The Bipartisan Budget Act of 2018 (BBA 2018, P.L. 115-123), which was enacted on February 9, 2018, addresses a number of issues that were before Congress. For example, appropriations for most federal agencies and programs were to expire on February 8, 2018, and BBA 2018 extends continuing appropriations for these agencies and programs through March 23, 2018. In addition, BBA 2018 includes FY2018 supplemental appropriations, an increase to the debt limit, increases to the statutory spending limits for FY2018 and FY2019, tax provisions, and numerous provisions extending or making changes to...
Federal Support for Drug Courts: In Brief
The United States has gradually shifted its formal drug policy from a punishment-focused model toward a more comprehensive approach—one that focuses on prevention, treatment, and enforcement. The proliferation of drug courts in American criminal justice fits this more comprehensive model. These specialized court programs are designed to divert certain defendants and offenders away from traditional criminal justice sanctions such as incarceration while reducing overall costs and helping these defendants and offenders with substance abuse issues.
Drug courts present an alternative to the...
Germaneness of Debate in the Senate: The Pastore Rule
Paragraph 1(b) of Senate Rule XIX—commonly known as the Pastore rule, after its author, former Rhode Island Senator John Pastore—requires Senate floor debate to be germane during specific periods of a Senate work day. The rule has been enforced sporadically since its adoption in 1964. In current practice, the germaneness requirements of the Pastore rule are rarely formally invoked on the Senate floor.
Pursuant to the rule, all floor debate must be germane and confined to the specific question then pending before the Senate for the first three hours after (1) the conclusion of the Morning...
Joint Resolution Seeks to End U.S. Support for Saudi-led Coalition Military Operations in Yemen
In February 2018, Senators Sanders, Lee, and Murphy introduced S.J.Res. 54, a joint resolution that would direct the President to remove U.S. forces from “hostilities in or affecting” Yemen (except for those U.S. forces engaged in counterterrorism operations directed at al Qaeda or associated forces). Since March 2015, the U.S. military has supported military operations in Yemen by a coalition of countries led by the kingdom of Saudi Arabia (KSA). The coalition operations, including airstrikes, have supported a broader campaign to reinstate the internationally recognized government of...
2017 Disaster Supplemental Appropriations: Overview
According to the National Oceanographic and Atmospheric Administration (NOAA), 2017 was “a historic year of weather and climate disasters” for the United States. A combination of deadly hurricanes and wildfires were among the 57 major disasters declared under the Stafford Act in 2017. The series of supplemental appropriations requested and provided in the wake of 2017’s hurricanes and wildfires are the latest exercise of one congressional role in disaster situations—to exercise “the power of the purse” to provide relief to state and local governments overwhelmed by disaster response and...
NERC Standards for Bulk Power Physical Security: Is the Grid More Secure?
A 2013 rifle attack on a critical electric power substation in Metcalf, CA, marked a turning point for the U.S. electric power sector. The attack prompted utilities across the country to reevaluate and restructure their physical security programs. It also set in motion proceedings in Congress and at the Federal Energy Regulatory Commission (FERC) which resulted in a new mandatory Physical Security Reliability Standard (CIP-014) for bulk power asset owners promulgated by the North American Electric Reliability Corporation (NERC) in 2015. In the three years since FERC approved this new...
The Federal Food, Drug, and Cosmetic Act (FFDCA) authorizes the Food and Drug Administration (FDA) to regulate the safety and effectiveness of drug products sold in the United States. The statutory standard for FDA approval is that a drug is safe and effective for its intended use. FDA’s determination that a drug is safe does not signify an absence of risk but rather that the drug’s clinical benefits outweigh its known and potential risks.
For most drugs, FDA has generally considered routine risk minimization measures to be sufficient; for example, updated labeling based on new information...
Prescription Drug User Fee Act (PDUFA): 2017 Reauthorization as PDUFA VI
The Prescription Drug User Fee Act (PDUFA, now called PDUFA I) was reauthorized as PDUFA VI by the Food and Drug Administration Reauthorization Act of 2017 (FDARA, P.L. 115-52). First passed by Congress in 1992, PDUFA gave the Food and Drug Administration (FDA) the authority to collect fees from the pharmaceutical industry and to use the revenue to support “the process for the review of human drug applications.” FDA regulates the safety and effectiveness of drug and biological products sold in the United States. Prior to marketing a drug, a manufacturer must submit to FDA a new drug...
Capital Gains Taxes: An Overview
Taxes on long-term capital gains (on assets held for at least a year) are imposed at rates that correspond to pre-2018 brackets: a 0% rate for those whose income placed them in the regular 15% bracket or less (now in regular bracket of 12%), and 15% for taxpayers in higher brackets, except for those in the 39.6% bracket. The tax revision adopted in December 2018 (P.L. 115-97) maintained the links to the income level corresponding to the rate brackets in prior law. Therefore, the tax rates on capital gains are affected only by changes in the deductions to arrive at taxable income and the...
Pass-Throughs, Corporations, and Small Businesses: A Look at Firm Size
In tax policy discussions it is not uncommon for the terms pass-through and small business to be interchanged, or, similarly, for the terms corporation and large business to be interchanged. This report uses 2015 U.S. Census data to investigate how the size of businesses varies by legal form (corporate versus pass-through). For this report, firm size is based on employment. The analysis finds that the majority of both corporations and pass-throughs in 2015 had fewer than five employees (55% of C corporations and 64% of pass-throughs). Nearly 99% of both corporations and pass-throughs had...
Modes of Constitutional Interpretation
When exercising its power to review the constitutionality of governmental action, the Supreme Court has relied on certain “methods” or “modes” of interpretation—that is, ways of figuring out a particular meaning of a provision within the Constitution. This report broadly describes the most common modes of constitutional interpretation; discusses examples of Supreme Court decisions that demonstrate the application of these methods; and provides a general overview of the various arguments in support of, and in opposition to, the use of such methods of constitutional...
Organization of American States: Background and Issues for Congress
The Organization of American States (OAS) is a regional multilateral organization that includes all 35 independent countries of the Western Hemisphere (though Cuba currently does not participate). It was established in 1948 as a forum in which the nations of the hemisphere could engage one another and address issues of mutual concern. Today, the OAS concentrates on four broad objectives: democracy promotion, human rights protection, economic and social development, and regional security cooperation. It carries out a variety of activities to advance these goals, often providing policy...
The Every Student Succeeds Act: Accountability for Schools with Low Graduation Rates
The Every Student Succeeds Act (ESSA) comprehensively reauthorized the Elementary and Secondary Education Act of 1965 (ESEA). Among other changes, the ESSA amended federal K-12 educational accountability requirements for states and local educational agencies (LEAs) receiving ESEA funds, including those regarding the identification, support, and improvement of high schools with low graduation rates.
In addition to new accountability rules, the ESSA provided the first definition of the high school graduation rate in federal education law. States and LEAs have been reporting their rates...
Arming Teachers as a Response to School Shootings
In the wake of the February 14, 2018, shooting at Stoneman Douglas High School in Parkland, FL, President Trump endorsed a proposal to arm teachers as a way to potentially thwart school shootings. The President’s endorsement has generated debate about whether this policy option would make schools safer.
Proponents argue that arming educators provides a deterrent effect and that armed teachers could respond to an active shooter quicker than police. Opponents argue that teachers do not want the responsibility of countering active shooters; they raise questions about whether teachers can...
The President Acts to Impose Tariffs on Steel and Aluminum Imports
On March 8, 2018, President Trump issued proclamations imposing duties on U.S. imports of steel and aluminum, based on the Secretary of Commerce’s finding that these articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. The President acted under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862, as amended). The proclamations outline the President’s decisions to impose tariffs of 25% on steel and 10% on aluminum imports effective March 23, 2018. The President...
Changing FERC Policies for Gas Pipelines?
Introduction
On December 21, 2017, the newly appointed chairman of the Federal Energy Regulatory Commission (FERC) announced that the commission would undertake a review of its permitting policies and procedures for interstate natural gas pipelines. The U.S. natural gas pipeline network has expanded rapidly to accommodate new supplies of domestic shale gas. That expansion has prompted numerous congressional hearings and legislative proposals related to pipeline development. The review of FERC’s permitting policies may provide stakeholders a new opportunity to influence how the commission...
Russia’s 2018 Presidential Election
Russia’s next presidential election is scheduled for March 18, 2018, the fourth anniversary of Russia’s illegal annexation of Ukraine’s Crimea region. Russian President Vladimir Putin, who has served as president or prime minister of Russia for over 18 years, is widely expected to secure reelection easily against seven other candidates, especially given the government’s tight control over the country’s political process. With presidential terms in Russia lasting six years, victory could keep Putin in office until at least 2024.
Promoting Putin
Russia’s presidential election is only...
Tax-Preferred College Savings Plans: An Introduction to Coverdells
A Coverdell ESA—often referred to simply as a Coverdell—is a tax-advantaged investment account that can be used to pay for both higher-education expenses and elementary and secondary school expenses. The specific tax advantage of a Coverdell is that distributions (i.e., withdrawals) from this account are tax-free, if they are used to pay for qualified education expenses. If the distribution is used to pay for nonqualified expenses, a portion of the distribution is taxable and may also be subject to a 10% penalty.
Several parameters of Coverdells were temporarily modified by the Economic...
Northern Ireland, Brexit, and the Irish Border
As the 20th anniversary of the April 1998 peace accord for Northern Ireland (known as the Good Friday Agreement or the Belfast Agreement) approaches, concerns are increasing about how the expected exit of the United Kingdom (UK) from the European Union (EU)—or “Brexit”—might affect Northern Ireland. The future of the border between Northern Ireland and the Republic of Ireland has become a central issue in the UK’s withdrawal negotiations with the EU. Once the UK ceases to be a member of the EU—likely in March 2019—Northern Ireland will be the only part of the UK to share a land border with...
TPP Countries Sign New CPTPP Agreement without U.S. Participation
On March 8, 2018, the 11 remaining signatories of the Trans-Pacific Partnership (TPP) agreement, excluding the United States, signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP parties announced the outlines of the agreement in November 2017 and concluded the negotiations in January 2018. The CPTPP, which requires ratification by 6 of the 11 signatories to become effective, would be a vehicle to enact much of the TPP, signed by these countries and the United States in February 2016 and from which President Trump withdrew in January 2017. The...
Department of Veterans Affairs FY2018 Appropriations
The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans and eligible dependents who meet certain criteria as authorized by law. These benefits include medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance and traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses. The VA is funded through the Military Construction, Veterans Affairs, and Related Agencies...
Cybersecurity: Selected Issues for the 115th Congress
Cybersecurity has been gaining attention as a national issue for the past decade. During this time, the country has witnessed cyber incidents affecting both public and private sector systems and data. These incidents have included attacks in which data was stolen, altered, or access to it was disrupted or denied. The frequency of these attacks, and their effects on the U.S. economy, national security, and people’s lives have driven cybersecurity issues to the forefront of congressional policy conversations. This report provides an overview of selected cybersecurity concepts and a...
On February 9, 2018, President Donald Trump signed into law the Bipartisan Budget Act of 2018 (BBA 2018; P.L. 115-123). Division E of that law is titled the Advancing Chronic Care, Extenders, and Social Services (ACCESS) Act. This report provides a brief summary of each of the provisions included in the ACCESS Act, along with the contact information for the CRS expert who can answer questions about each provision. Division E consists of 12 titles. Each title is addressed in a separate table, and the provisions are discussed in the order they appear in the law. Topics discussed in this...
More than half of voters in Italy’s March 4, 2018, parliamentary election supported political parties considered antiestablishment or outside the mainstream. Since no party or political group won a majority of seats in parliament, the top vote-getters will now negotiate to form a governing coalition. This is expected to be a drawn-out process that could end in stalemate and possibly new elections. Furthermore, the empowerment of so-called populist parties could have significant implications for the European Union (EU), NATO, and the United States.
Election Results
A center-right alliance...
Energy Tax Provisions That Expired in 2017 (“Tax Extenders”)
Thirteen temporary energy tax provisions expired at the end of 2017. All of these provisions had expired at the end of 2016, and were retroactively extended by the Bipartisan Budget Act of 2018 (BBA; P.L. 115-123) and made available for the 2017 tax year. This report briefly summarizes and discusses the economic impact of energy-related tax provisions that expired at the end of 2017, including the following: Renewable energy property provisions Production Tax Credit (PTC) for Nonwind Facilities Alternative and renewable fuels provisions Incentives for Biodiesel and Renewable...
Banking Policy Issues in the 115th Congress
The financial crisis and the ensuing legislative and regulatory responses greatly affected the banking industry. Many new regulations—mandated or authorized by the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) or promulgated under the authority of bank regulators—have been implemented in recent years. In addition, economic and technological trends continue to affect banks. As a result, Congress is faced with many issues related to the bank industry, including issues concerning prudential regulation, consumer protection, “too big to fail” (TBTF) banks, community...
UPDATED: The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange
Financial Regulation: FY2018 Appropriations and the Financial CHOICE Act (H.R. 10)
Background
On September 14, 2017, the House passed H.R. 3354, which included the FY2018 Financial Services and General Government (FSGG) Appropriations bill in Division D. The Senate Appropriations Committee released an FY2018 FSGG chairmen’s mark on November 20, 2017, but further action has yet to occur on the bill. Much of the federal government, including agencies covered by FSGG appropriations, has been operating for the first part of FY2018 under successive continuing resolutions (P.L. 115-56, P.L. 115-90, P.L. 115-96, P.L. 115-120, and P.L. 115-123), now effective through March 23,...
Information Warfare: Issues for Congress
Information warfare is hardly a new endeavor. In the Battle of Thermopylae in 480 BC, Persian ruler Xerxes used intimidation tactics to break the will of Greek city-states. Alexander the Great used cultural assimilation to subdue dissent and maintain conquered lands. Military scholars trace the modern use of information as a tool in guerilla warfare to fifth-century BC Chinese military strategist Sun Tzu’s book The Art of War and its emphasis on accurate intelligence for decision superiority over a mightier foe. These ancient strategists helped to lay the foundation for information warfare...
Guns, Excise Taxes, Wildlife Restoration, and the National Firearms Act
Federal taxes on firearms and ammunition are collected through different methods and used for different purposes, depending on the nature of the firearms. Some tax receipts are used for wildlife restoration and for hunter education and safety, for example, whereas others are deposited into the General Fund of the U.S. Treasury. The assessment of these taxes and the uses of generated revenues are routinely of interest to many in Congress.
In general, taxes on the manufacture of firearms (including pistols and revolvers as well as rifles and other long guns) and ammunition are collected as...
International Trade and Finance: Overview and Issues for the 115th Congress
The U.S. Constitution grants authority to Congress to regulate commerce with foreign nations. Congress exercises this authority in numerous ways, including through oversight of trade policy and consideration of legislation to implement trade agreements and authorize trade programs. Policy issues cover areas such as U.S. trade negotiations, U.S. trade and economic relations with specific regions and countries, international institutions focused on trade, tariff and nontariff barriers, worker dislocation due to trade liberalization, enforcement of trade laws and trade agreement commitments,...
Commerce Determines Steel and Aluminum Imports Threaten to Impair National Security
The U.S. Department of Commerce (Commerce) recently completed two investigations into the national security threats posed by imports of steel and aluminum in accordance with Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862, as amended). In April 2017, two presidential memoranda instructed Commerce to prioritize the steel and aluminum investigations. The final reports, submitted to the President on January 11 and January 22, 2018, respectively, concluded imports of steel mill products and of wrought and unwrought aluminum “threaten to impair the national security” of the...
Tensions in the Eastern Mediterranean Focus on the Politics of Energy
Cypriot (Greek and Turkish) interest in energy exploration in the Eastern Mediterranean began in 1998 after Noble Energy, a Texas-based energy company, discovered a large natural gas deposit in the Levant Basin. The location is in waters considered part of Israel’s exclusive economic zone (EEZ) but bordering parts of the Republic of Cyprus’s (RoC’s) EEZ. In 2007, the RoC granted Noble Energy a license to explore for gas in an area identified as block 12, or the “Aphrodite” field within its EEZ. In 2011, Noble Energy announced the discovery of natural gas in block 12. Subsequently, the RoC...
Blockchain: Background and Policy Issues
The rise of cryptocurrencies like Bitcoin and the use of Initial Coin Offerings to raise capital has drawn increased attention from both the public and private sector concerning the use of digital ledgers to conduct business (called blockchain technology) and its potential. Yet many remain unclear on what the technology actually is, what it does, and the tradeoffs for its use.
A blockchain is a digital ledger that allows parties to transact without the use of a central authority as a trusted intermediary. In this ledger, transactions are grouped together in blocks, which are...
EPA’s Proposal to Repeal the Clean Power Plan: Benefits and Costs
In 2015, when the U.S. Environmental Protection Agency (EPA) promulgated the Clean Power Plan to reduce greenhouse gas emissions from fossil-fueled electric power plants, it concluded that the benefits of reducing emissions would outweigh the costs by a substantial margin under the scenarios analyzed. EPA estimated benefits ranging from $31 billion to $54 billion in 2030 and costs ranging from $5.1 billion to $8.4 billion in 2030, when the rule would be fully implemented.
In proposing to repeal the rule in October 2017, EPA revised the estimates of both its benefits and costs, finding in...
Expired Tax Provisions and “Tax Extenders”
Revenue measures enacted as part of the Bipartisan Budget Act of 2018 (BBA2018, P.L. 115-123) extended a number of temporary tax provisions that had expired in 2016 or 2017. In the wake of the 2017 tax revision (P.L. 115-97), Congress has indicated an interest in evaluating expired temporary tax provisions or “tax extenders.”
Table 1 provides information on temporary tax provisions and “tax extenders.” Specifically, the table includes (1) all provisions that expired in 2016 and 2017 and were not addressed in the 2017 tax revision (P.L. 115-97); (2) information on provisions that were...
Defense Spending Under an Interim Continuing Resolution: In Brief
This report provides a basic overview of interim continuing resolutions (CRs) and highlights some specific issues pertaining to operations of the Department of Defense (DOD) under a CR.
As with regular appropriations bills, Congress can draft a CR to provide funding in many different ways. Under current practice, a CR is an appropriation that provides either interim or full-year funding by referencing a set of established funding levels for the projects and activities that it funds (or covers). Such funding may be provided for a period of days, weeks, or months and may be extended through...
Analysis of the Tax Exclusion for Canceled Mortgage Debt Income
A home foreclosure, mortgage default, or mortgage modification can have important tax consequences. As lenders and borrowers work to resolve indebtedness issues, some transactions are resulting in cancellation of debt. Mortgage debt cancellation can occur when lenders restructure loans, reducing principal balances, or sell properties, either in advance, or as a result, of foreclosure proceedings. Historically, if a lender forgives or cancels such debt, tax law has treated it as cancellation of debt (COD) income subject to tax. Exceptions have been available for taxpayers who are insolvent...
FY2019 Budget: Government Reorganization and Federal Workforce Reform
The Budget of the United States Government, Fiscal Year 2019 stated, in a largely general way, planned initiatives related to government reorganization and federal workforce reform. The initiatives follow from Executive Order 13781, “Comprehensive Plan for Reorganizing the Executive Branch,” issued by President Donald Trump on March 13, 2017, and two Office of Management and Budget (OMB) memorandums. The memorandums, M-17-22, “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” issued on April 12, 2017, and M-17-28, “Fiscal Year (FY) 2019...
H.R. 4508, the PROSPER Act: Proposed Reauthorization of the Higher Education Act
During the 115th Congress, the House Committee on Education and the Workforce marked up and ordered reported with amendments the Promoting Real Opportunity, Success, and Prosperity through Education Reform Act (PROSPER Act; H.R. 4508), which would provide for the comprehensive reauthorization of the Higher Education Act of 1965 (HEA).
H.R. 4508 would make numerous amendments to the HEA, many of which address six themes: (1) redesigning the federal approach to providing student aid; (2) modifying federal student aid rules; (3) eliminating or winding down programs; (4) revising the...
U.S. Manufacturing in International Perspective
The health of the U.S. manufacturing sector has long been of great concern to Congress. The decline in manufacturing employment since the start of the 21st century has stimulated particular congressional interest, leading Members to introduce hundreds of bills over many sessions of Congress intended to support domestic manufacturing activity in various ways. The proponents of such measures frequently contend that the United States is by various measures falling behind other countries in manufacturing, and they argue that this relative decline can be mitigated or reversed by government...
Welfare Reform: Work Status of Single Mothers, In Brief
Welfare reform; Single Mothers; Employment trends; Poverty
Defense Science and Technology Funding
Defense science and technology (Defense S&T) is a term that describes a subset of Department of Defense (DOD) research, development, testing, and evaluation (RDT&E) activities. The Defense S&T budget is the aggregate of funding provided for the three earliest stages of DOD RDT&E: basic research, applied research, and advanced technology development. Defense S&T is of particular interest to Congress due to its perceived value in supporting technological advantage and its importance to key private sector and academic stakeholders.
Advocates of strong and sustained Defense S&T funding assert...
Campus-Based Student Financial Aid Programs Under the Higher Education Act
Three Higher Education Act (HEA) student financial aid programs—the Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Federal Work-Study (FWS) program, and the Federal Perkins Loan program—collectively are referred to as the campus-based programs. The campus-based programs were reauthorized under the Higher Education Opportunity Act (HEOA; P.L. 110-315), which amended and extended authorization for programs funded under the HEA. The campus-based programs’ authorizations of appropriations, along with many other provisions under the HEA, were set to expire at the end of...
The Bipartisan Budget Act of 2018 (P.L. 115-123), signed into law on February 9, 2018, creates a new joint select committee of the House and Senate. The Joint Select Committee on Solvency of Multiemployer Pension Plans, made up of 16 Members of the House and Senate—four chosen by each of the chambers’ party leaders—is intended to formulate recommendations and legislative language that will “significantly improve the solvency of multiemployer pension plans and the Pension Benefit Guaranty Corporation.” The law directs the joint select committee to, no later than November 30, 2018, vote on a...
Teaching health centers (THCs) are outpatient facilities that receive federal funds directly to train medical and dental residents. These facilities are operated by federal health centers, rural health clinics, and tribal health programs, among others. THCs typically provide care to low-income and otherwise underserved populations and are generally located in federally designated health professional shortage areas (HPSAs). The federal government created the teaching health center graduate medical education program (THCGME) in 2010 to pay THCs for the expenses they incur when training...
Discretionary Spending Levels Under the Bipartisan Budget Act of 2018
On February 9, 2018, the Bipartisan Budget Act of 2018 (BBA 2018) was signed into law as P.L. 115-123. Among other things, it raised the discretionary spending caps for fiscal years 2018 and 2019 originally implemented by the Budget Control Act of 2011 (BCA; P.L. 112-25). BBA 2018 reverses $80 billion of the $97 billion of discretionary spending cuts enacted by the BCA as amended for FY2018.
The BCA and Discretionary Spending
The BCA affected discretionary spending in two ways: (1) caps on discretionary budget authority, divided between defense and nondefense programs, which went into...
Has the Economy Reached Full Employment? If So, Will It Stay There?
The unemployment rate has fallen from 10% in 2009 to 4.1% today, its lowest since 2000. Several other labor market indicators also point to an economy at or near full employment. If unemployment gets too low, it could plant the seeds for a future recession. An overheating economy can temporarily surge past full employment, but a recession typically follows to restore labor market equilibrium. Fiscal and monetary policy can help avoid—or exacerbate—overheating.
What Is Full Employment?
The economy has achieved full employment when it reaches the lowest sustainable unemployment rate...
Tax-Exempt Bonds: A Description of State and Local Government Debt
This report provides information about state and local government debt. State and local governments issue debt instruments in exchange for the use of individuals’ and businesses’ savings. This debt obligates state and local governments to make interest payments for the use of these savings and to repay, at some time in the future, the amount borrowed. State and local governments may finance capital facilities with debt rather than out of current tax revenue to more closely align benefits and tax payments. There was just over $3 trillion in state and local debt outstanding in the third...
Potential Options for Electric Power Resiliency in the U.S. Virgin Islands
In September 2017, Hurricanes Irma and Maria, both Category 5 storms, caused catastrophic damage to the U.S. Virgin Islands (USVI), which include the main islands of Saint Croix, Saint John, and Saint Thomas among other smaller islands and cays. Hurricane Irma hit the USVI on September 6, with the eye passing over St. Thomas and St. John. Fourteen days later, on September 20, the eye of Hurricane Maria swept near St. Croix with maximum winds of 175 mph. The USVI government estimates that total uninsured damage from the hurricanes will exceed $7.5 billion. Although the electric power plants...
Two-Year Extension of the Community Health Center Fund
The Affordable Care Act (ACA, P.L. 111-148, as amended), enacted in 2010, appropriated billions of dollars of mandatory funds to support two programs that focus on expanding access to primary care services for populations that are typically underserved: the Health Centers program and the National Health Service Corps (NHSC).
The Health Centers and NHSC programs are cornerstones of the federal government’s efforts to expand access to primary care. The Health Centers program helps support more than 1,400 community-based health centers operating more than 10,400 delivery sites across the...
Hunting and Fishing on Federal Lands and Waters: Overview and Issues for Congress
This report provides an overview of issues related to hunting and fishing on federal lands. Each year millions of individuals participate in hunting and fishing activities, bringing in billions of dollars for regional and national economies. Due to their popularity, economic value, constituent appeal, and nexus to federal land management issues, hunting and fishing issues are perennially addressed by Congress. Congress addresses these issues through oversight, legislation, and appropriations, which target issues such as access to federal lands and waters for sportsperson activities, and...
Administration’s Infrastructure Program Emphasizes New Nonfederal Revenue
The Trump Administration’s legislative outline for infrastructure, released on February 12, 2018, proposes a new “Infrastructure Incentives Program” to make grants to state and local governments. This would be the largest single piece of the Administration plan in terms of dedicated federal funding, with an allotment of half of the $200 billion the Administration proposes to spend on infrastructure over 10 years. The grants could be used for transportation, water resources, drinking water, and wastewater, as well as for cleanup of Superfund sites. This Insight focuses on the potential of...
Ecuador is a small, oil-producing country of 16 million inhabitants located on the west coast of South America between Colombia and Peru. In 2017, Ecuador was considered to have the third-largest proven reserves of crude oil in South America, with 8.3 billion barrels. It is the smallest member of the Organization of the Petroleum Exporting Countries (OPEC). Petroleum is Ecuador’s largest export to the United States, the country’s top trade partner. With the reduction in crude oil price since 2014, Ecuador’s earnings have fallen after years of strong growth.
Former President Rafael Correa...
Diversity Immigrants’ Regions and Countries of Origin: Fact Sheet
Keywords: diversity visa, visa lottery, diversity lottery, DV immigrants, DV lottery, DV program, immigration, diversity immigrants, country of birth, region of birth, place of birth, origin, immigrant admissions, Immigration and Nationality Act, INA, legal admissions.
The Veterans Health Administration and Medical Education: In Brief
In the wake of World War II, an influx of veterans requiring medical care threatened to overwhelm the capacity of the Department of Veterans Affairs (VA) to provide such care. In 1946, the VA began entering into affiliations with medical schools as one strategy to increase capacity—both in the short term and in the long term. In the short term, some trainees—in particular, those in the later years of training—may provide direct care to patients, thereby increasing provider capacity and patient access. In the long term, training physicians at the VA creates a pipeline for recruiting...
The U.S. military has a long and complicated history in developing directed energy (DE) weapons. Many past efforts have failed for a variety of reasons and not all failures were attributed to scientific or technological challenges associated with weaponizing DE. At present, a number of U.S. military DE weapons-related programs are beginning to show promise, such as the Navy’s Laser Weapon System (LaWs), the first ever Department of Defense (DOD) laser weapon to be deployed and approved for operational use, according to the Navy. With a number of U.S. Army weapons-related DE programs...
Financial Stability Oversight Council (FSOC): Structure and Activities
The Financial Stability Oversight Council (FSOC) and its Office of Financial Research (OFR) were established by the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) to address several potential sources of systemic risk. Some observers argue that communication and coordination of financial regulators was insufficient to prevent the financial crisis of 2008. To foster coordination and communication, the FSOC assembles the heads of federal financial regulators, representatives from state regulatory bodies, and an independent insurance expert in a single venue. The OFR...
The Oil Spill Liability Trust Fund Tax: Reauthorization Issues and Legislation in the 115th Congress
Enforcement of the Food, Drug, and Cosmetic Act: Select Legal Issues
In an increasingly interconnected world, public health concerns and crises have domestic and international implications. In the United States, the Federal Food, Drug, and Cosmetic Act of 1938 (FD&C Act or the Act) promotes public health by preventing fraudulent activity with respect to food, drugs, and an array of other public health products that enter interstate commerce. Indeed, the Act’s primary purpose is to “safeguard” and “protect” consumers from exposure to dangerous products affecting public health and safety. The FD&C Act does this by regulating covered articles from their...
U.S. Family-Based Immigration Policy
Family reunification has historically been a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based immigration categories, as well as a per-country limit on total family-based immigration. The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family...
Family First Prevention Services Act (FFPSA)
The Family First Prevention Services Act (FFPSA) was enacted as part of Division E of the Bipartisan Budget Act of 2018 (H.R. 1892). Among other changes, FFPSA expands federal support for services to prevent the need for children to enter foster care, while adding new restrictions on federal room and board support for some foster children placed in group care settings. With limited exceptions, the enacted provisions match the standalone FFPSA provisions approved by the House in June 2016 (H.R. 5456, 114th Congress).
New Support for Prevention of Foster Care
FFPSA responds to longstanding...
Federal Reserved Water Rights and Groundwater: Quantity, Quality, and Pore Space
Tribal rights to groundwater have not been legally established to the same extent as rights to other natural resources (e.g., surface water, timber, minerals). A March 2017 decision of the U.S. Court of Appeals for the Ninth Circuit upheld the rights of a California Indian tribe (the Agua Caliente band of Cahuilla Indians) to groundwater beneath the tribe’s reservation in the Coachella Valley. In November 2017, the U.S. Supreme Court declined to review the decision; the case now proceeds to other phases that may partially shape this ruling’s significance.
This is the first case in which...
Section 201 Safeguards on Solar Products and Washing Machines
On January 23, 2018, President Trump announced that he would impose additional tariffs on imports of large residential washing machines and solar photovoltaic (PV) cells and modules, effective February 7, 2018. The President acted based on findings by the International Trade Commission (ITC) that increased U.S. imports of these products were a “substantial cause of serious injury” to U.S. manufacturers, as a result of investigations under Section 201 of the Trade Act of 1974 (19 U.S.C. §2251, as amended). When initiating the actions on January 23, the President said, “My administration is...
The 2017 Tax Revision (P.L. 115-97): Comparison to 2017 Tax Law
A tax revision enacted late in 2017 substantively changed the federal income tax system (P.L. 115-97). Broadly, for individuals, the act temporarily modifies income tax rates. Some deductions, credits, and exemptions for individuals are eliminated, while others are substantively modified. These changes are mostly temporary. For businesses, pass-through entities experience a reduction in effective tax rates via a new deduction, which is also temporary. The statutory corporate tax rate is permanently reduced. Many deductions, credits, and other provisions for businesses are also modified....
Federal Spending on Benefits and Services for People with Low Income: In Brief
Need-Tested Programs; Means-Tested Programs; Poverty; Low-Income; Cash Assistance; Medical Assistance; Housing Assistance; Educational Assistance; Social Services; Employment and Training.
The 2018 National Defense Strategy
On January 19, 2018, Secretary of Defense Mattis released the unclassified summary of the Department of Defense’s (DOD) first congressionally mandated National Defense Strategy (NDS). In addition to stating DOD’s approach to contending with current and emerging national security challenges, the NDS is also intended to articulate the overall strategic rationale for programs and priorities contained within the FY2019-FY2023 budget requests. Overall, the document maintains that the strategic environment in which the United States must operate is one characterized by the erosion of the...
New Nuclear Warheads: Legislative Provisions
The 2018 Nuclear Posture Review (NPR) identifies a plan to “modify a small number of [submarine-launched ballistic missile] warheads to provide a low-yield option” so that the United States could respond promptly and penetrate an adversary’s defenses after a nuclear attack. The NPR contends that this capability would strengthen nuclear deterrence, while critics argue it would lower the nuclear threshold and increase the risk of nuclear war.
This Insight reviews legislation addressing research and development on new or low-yield nuclear weapons and notes that under current law, an...
Al Qaeda and U.S. Policy: Middle East and Africa
After a more than a decade and a half of combating Al Qaeda (AQ) in Afghanistan and Pakistan, the United States faces a diverse array of threats from Al Qaeda affiliates in the Middle East and Africa. While senior Al Qaeda figures reportedly remain based in Pakistan, the network includes a number of affiliates across the Middle East and Africa including Al Qaeda in the Arabian Peninsula (AQAP), Al Qaeda in the Islamic Maghreb (AQIM), and Al Shabaab. Al Qaeda also retains a small but possibly growing presence in Afghanistan. U.S. officials have stated that Al Qaeda still maintains a...
The 2018 National Defense Strategy: Fact Sheet
[SUPPRESS] On January 19, 2018, Secretary of Defense Mattis released the unclassified summary of the Department of Defense’s (DOD) first congressionally mandated National Defense Strategy (NDS). In addition to stating DOD’s approach to contending with current and emerging national security challenges, the NDS is also intended to articulate the overall strategic rationale for programs and priorities contained within the FY2019-FY2023 budget requests. Overall, the document maintains that the strategic environment in which the United States must operate is one characterized by the erosion of...
Nutrition Labeling of Restaurant Menu and Vending Machine Items
High rates of obesity and chronic diseases have prompted various federal, state, and local nutrition labeling initiatives. The 1990 Nutrition Labeling and Education Act (P.L. 101-535) required nutrition labeling of most foods and dietary supplements, but it did not require labeling of food sold in restaurants. However, consumption data indicate that Americans consume more than one-third of their calories outside the home, and frequent eating out is associated with increased caloric intake.
In 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA, P.L. 111-148)...
A committee chair serves as the leader of a committee, with responsibility for setting the course and direction of the panel for committee members and the House and for managing a large professional and paraprofessional staff. The senior committee staff should ensure the chair’s goals are carried out effectively.
Once a committee chair is selected during the postelection transition period, he or she, often in consultation with others, makes a series of decisions and takes a series of actions. Some actions complete a committee’s duties in the Congress just ending. Other actions are taken in...
Trespassing: The Leading Cause of Rail-Related Fatalities
Train derailments or collisions are often well-publicized events and receive significant attention from policymakers seeking to reduce their reoccurrence. Less attention has been devoted to trespassing, although it is a much greater cause of rail-related fatalities than derailments and collisions combined. Since 2005, over three-fifths of deaths in rail incidents have been pedestrian trespassers, and vehicle-train accidents at railroad grade crossings account for nearly one-third (see Figure 1; note that the trespassing deaths in the figure do not include suicides).
Figure 1. Rail-Related...
U.S. Security Assistance and Security Cooperation Programs: Overview of Funding Trends
Since FY2006, the United States government has provided more than $200 billion for programs providing security assistance and security cooperation to foreign countries. The Departments of State (DOS) and Defense (DOD) are the primary U.S. government agencies involved in providing security sector assistance and related support to foreign governments, militaries, and international organizations and groups.
Congress has authorized security assistance programs through the Foreign Assistance Act of 1961 (FAA, P.L. 87-195) and the Arms Export Control Act of 1976 (AECA, P.L. 90-629), as amended....
Following the end of the Balkan wars in the 1990s, periods of stability allowed several of the nations of Southeast Europe to pursue reforms, incorporate Western values, and join the European Union (EU) and NATO. Recently, however, the Western Balkans have experienced various degrees of political instability involving elements of nationalist politics, stagnating economies, public frustration over corruption, ethnic tensions, and violence. Although some of the tension has receded, many observers remain concerned that the region’s stability could unravel again. For some, at the core of this...
FEMA Individual Assistance Programs: In Brief
When the President declares a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288), the Federal Emergency Management Agency (FEMA) advises the President about types of federal assistance administered by FEMA available to disaster victims, states, localities, and tribes. The primary types of assistance provided under a major disaster declaration include funding through the Public Assistance program, Mitigation Assistance programs, and the Individual Assistance program.
The Public Assistance program provides federal financial...
The Railroad Rehabilitation and Improvement Financing (RRIF) Program
Congress created the Railroad Rehabilitation and Improvement Financing (RRIF) program to offer long-term, low-cost loans to railroad operators, with particular attention to small freight railroads, to help them finance improvements to infrastructure and investments in equipment. The program is intended to operate at no cost to the government, and it does not receive an annual appropriation. Since 2000, the RRIF program has made 37 loans totaling $5.4 billion (valued at $5.9 billion in 2018 dollars). The program, which is administered by the Build America Bureau within the Office of the...
Gun Control: Concealed Carry Legislation in the 115th Congress
On December 6, 2017, the House of Representatives passed the Concealed Carry Reciprocity Act of 2017 (H.R. 38). The term “concealed carry” is commonly used to refer to state laws that allow an individual to carry a weapon—generally a handgun—on one’s person in a concealed manner for the purposes of self-defense in public (outside one’s home or fixed place of business). Federal law allows certain active-duty and retired law enforcement officers to carry concealed firearms interstate, irrespective of some state laws, but they must first be qualified and credentialed by their agencies of...
Wildfire Management Funding: Background, Issues, and FY2018 Appropriations
The federal government’s wildfire (or wildland fire) management responsibilities are fulfilled primarily by the Forest Service (FS, in the U.S. Department of Agriculture) and the Department of the Interior (DOI). These responsibilities include prevention, detection, response, and recovery related to fires that begin on federal lands. These responsibilities are accomplished through activities such as preparedness, suppression, fuel reduction, and site rehabilitation, among others. There are several ongoing concerns regarding federal wildfire management. These concerns include the total...
Appropriations for the Bureau of Prisons (BOP): In Brief
The Bureau of Prisons (BOP) is the largest correctional agency in the country in terms of the number of prisoners under its jurisdiction. BOP must confine any offender convicted and sentenced to a term of imprisonment in a federal court.
Changes in federal criminal justice policy since the early 1980s spurred growth in the federal prison population. The total number of inmates under BOP’s jurisdiction increased from approximately 25,000 in FY1980 to over 192,000 in FY2016. While the federal prison population in FY2016 is nearly 7 times larger than what it was in FY1980, the number of...
Vessel Incidental Discharge Legislation in the 115th Congress: Background and Issues
Stakeholders broadly agree on the need to control vessel discharges—particularly ballast water discharges, which can introduce numerous contaminants into U.S. and international waters. Ballast water discharge from ships is one significant pathway for introduction of aquatic nuisance species (ANS)—that is, invasive species—that can harm aquatic ecosystems. Federal requirements for ballast water and other incidental discharges from vessels in the United States flow from two laws—the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species...
Administration’s Syria Policy Envisions Continued U.S. Presence
On January 17, Secretary of State Rex Tillerson laid out the Trump Administration’s policy for U.S. involvement in Syria. The Secretary’s remarks built upon previous testimony by Acting Assistant Secretary David Satterfield and were further elaborated in a briefing by a senior State Department official.
U.S. Goals for Syria
According to Secretary Tillerson, “the United States desires five key end states for Syria”:
The enduring defeat of the Islamic State (IS, aka ISIS/ISIL) and Al Qaeda. This includes ensuring that the groups do not present a threat to the United States, and do not...
Community Development Financial Institutions (CDFI) Fund: Programs and Policy Issues
As communities face a variety of economic challenges, some are looking to local banks and financial institutions for solutions that address the specific development needs of low-income and distressed communities. Community development financial institutions (CDFIs) provide financial products and services, such as mortgage financing for homebuyers and not-for-profit developers; underwriting and risk capital for community facilities; technical assistance; and commercial loans and investments to small, start-up, or expanding businesses. CDFIs include regulated institutions, such as community...
Federal Research and Development Funding: FY2018
President Trump’s budget request for FY2018 includes $117.697 billion for research and development (R&D). This represents a $30.605 billion (20.6%) decrease from the FY2016 actual level of $148.302 billion (FY2017 enacted levels were not available at the time of publication). Adjusted for inflation, the President’s FY2018 R&D request represents a constant dollar decrease of 23.6% from the FY2016 actual level.
However, in 2016 the Office of Management and Budget changed the definition used for “development” to “experimental development.” This new definition was used in calculating R&D in...
Security of Air Cargo Shipments, Operations, and Facilities
U.S. policies and strategies for protecting air cargo have focused on two main perceived threats: the in-flight detonation of explosives concealed in an air cargo shipment and the hijacking of a large all-cargo aircraft for use as a weapon to attack a ground target such as a major population center, critical infrastructure, or a critical national security asset. Additionally, there is concern that chemical, biological, or radiological agents or devices that could be used in a mass-casualty attack in the United States might be smuggled as international air cargo.
The October 2010 discovery...
EPA’s Methane Regulations: Legal Overview
On March 28, 2017, President Trump signed Executive Order 13783, directing federal agencies to review existing regulations and policies that potentially burden the development or use of domestically produced energy resources. Acting pursuant to the order, the U.S. Environmental Protection Agency (EPA) is reviewing and reconsidering several regulations issued during the Obama Administration that address methane emissions from various industrial sectors. Methane is a short-lived greenhouse gas (GHG) with a Global Warming Potential of more than 25 times carbon dioxide that is emitted from...
Economic Impact of Infrastructure Investment
Infrastructure investment has received renewed interest as of late, with both President Trump and some Members of Congress discussing the benefits of such spending. Infrastructure can be defined in a number of ways depending on the policy discussion; in general, however, the term refers to longer-lived, capital-intensive systems and facilities, such as roads, bridges, and water treatment facilities.
Over the past several decades, government investment in infrastructure as a percentage of gross domestic product (GDP) has declined. Annual infrastructure investment by federal, state, and...
Community Services Block Grants (CSBG): Background and Funding
Community Services Block Grants (CSBG) provide federal funds to states, territories, and tribes for distribution to local agencies to support a wide range of community-based activities to reduce poverty. These include activities to help families and individuals achieve self-sufficiency, find and retain meaningful employment, attain an adequate education, make better use of available income, obtain adequate housing, and achieve greater participation in community affairs. In addition, many local agencies receive federal funds from other sources and may administer other federal...
Banking Law: An Overview of Federal Preemption in the Dual Banking System
Banks play a critical role in the United States economy, channeling funds from savers to borrowers and thereby facilitating economic activity. To address the risks of bank failures and excessive risk-taking, and the problem that consumers at times lack the information or expertise to make sound choices concerning financial products and services, both federal and state lawmakers have imposed a host of regulations on commercial banks.
The United States has what is referred to as a “dual banking system,” in which banks can choose to apply for a charter from a state banking authority or a...
21st Century Flood Reform Act (H.R. 2874): Reforming the National Flood Insurance Program
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA, 42 U.S.C. §4001 et seq.), and was reauthorized until February 8, 2018 (H.R. 195). Unless reauthorized or amended by Congress, the following will occur after February 8, 2018: (1) the authority to provide new flood insurance contracts will expire; and (2) the authority for the NFIP to borrow funds from the Treasury will be reduced from $30.425 billion to $1 billion.
The House passed H.R. 2874, the 21st Century Flood Reform Act, on November 14, 2017, with a vote of 237-189. H.R....
Acquisition Reform in the FY2016-FY2018 National Defense Authorization Acts (NDAAs)
Congress has long been interested in defense acquisition and generally exercises its legislative powers to affect defense acquisitions through Title VIII of the National Defense Authorization Act (NDAA), entitled Acquisition Policy, Acquisition Management, and Related Matters. Congress has been particularly active in legislating acquisition reform over the last three years. For FY2016-FY2018, NDAA titles specifically related to acquisition contained an average of 82 provisions (247 in total), compared to an average of 47 such provisions (466 in total) in the NDAAs for the preceding 10...
Prevalence of Mental Illness in the United States: Data Sources and Estimates
Determining how many people have a mental illness can be difficult, and prevalence estimates vary. While numerous surveys include questions related to mental illness, few provide prevalence estimates of diagnosable mental illness (e.g., major depressive disorder as opposed to feeling depressed, or generalized anxiety disorder as opposed to feeling anxious), and fewer still provide national prevalence estimates of diagnosable mental illness. This report briefly describes the methodology and results of three large surveys (funded in whole or in part by the U.S. Department of Health and Human...
The Marshall Plan: Design, Accomplishments, and Significance
The European Recovery Program (ERP), more commonly known as the Marshall Plan (the Plan), was a program of U.S. assistance to Europe during the period 1948-1951. The Marshall Plan—launched in a speech delivered by Secretary of State George Marshall on June 5, 1947—is considered by many to have been the most effective ever of U.S. foreign aid programs. An effort to prevent the economic deterioration of postwar Europe, expansion of communism, and stagnation of world trade, the Plan sought to stimulate European production, promote adoption of policies leading to stable economies, and take...
Comparison of the Bills to Extend State Children’s Health Insurance Program (CHIP) Funding
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and the states, and the states are responsible for administering CHIP.
In statute, FY2017 was the last year a federal CHIP appropriation was provided. Federal CHIP funding was not extended before the beginning of FY2018. As a result, states do not currently have full-year FY2018 CHIP...
On March 25, 2016, the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) published new standards regulating exposure to crystalline silica in the workplace. Under the new standards, the Permissible Exposure Limit (PEL) for crystalline silica is to be reduced to 50 µg/m3 (micrograms per cubic meter of air). Employers are to be required to monitor crystalline silica exposure if workplace levels may exceed 25 µg/m3 for at least 30 days in a year and provide medical monitoring to employees in those workplaces. In the case of construction workers, medical...
An analysis of the major provisions of the 2017 tax revision, P.L. 115-97, by the Tax Policy Center (TPC) indicates that the legislation would result in some taxpayers paying more in taxes, some paying less in taxes, and some seeing little or no change in their tax liability. Similar analysis done by the Joint Committee on Taxation (JCT) examined the impact of the Senate bill before conference, finding generally similar trends. However, an updated JCT analysis has not been done for the final law. In addition, the definitions of income and tax increase and decrease used by JCT differ from...
Public Safety Officers’ Benefits (PSOB) Program: In Brief
The Public Safety Officers’ Benefits (PSOB) program provides three different types of benefits to public safety officers and their survivors: death, disability, and education benefits. The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance’s (BJA’s) PSOB Office.
The PSOB death benefit is a mandatory program, and the disability and education benefits are discretionary programs. As such, Congress appropriates “such sums as are necessary” each fiscal year to fund the PSOB death benefit program while appropriating separate amounts for both the disability...
The Food and Drug Administration’s (FDA’s) review of brand-name and generic animal drug applications is funded through a combination of annual discretionary appropriations from Congress and user fees collected from the regulated industry.
The Animal Drug User Fee Act of 2003 (ADUFA I, P.L. 108-130) gave FDA initial authority to collect user fees from sponsors to improve the timeliness of review of animal drug applications. ADUFA I did not cover generic animal drugs. In 2008, in response to concerns regarding generic drug application review times and a backlog of applications, Congress...
Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement
This report provides an overview of recent trends in the enforcement of the Bank Secrecy Act (BSA), the principal U.S. anti-money laundering law regulating financial institutions.
The report begins by providing general background information on BSA penalties and enforcement. The report concludes by discussing three recent trends that commentators have observed in BSA enforcement: (1) an increase in the frequency with which BSA enforcement actions involve an assessment of money penalties, and an increase in the size of those penalties, (2) an increased emphasis by regulators on the...
U.S. Postal Service Governors: And Then There Were None
Background: U.S. Postal Service Board of Governors
The Board of Governors of the U.S. Postal Service (hereinafter, the Board) was created by a provision of the Postal Reorganization Act in 1970 (PRA, 39 U.S.C. §202). The U.S. Postal Service (USPS) describes the Board as “comparable to a board of directors of a private corporation.” Guided by statute and its bylaws, the Board “directs the exercise of the powers of the Postal Service, reviews the practices and policies of the Postal Service, and directs and controls the expenditures of the Postal Service.”
The Board is composed of 11...
Funding and Financing Highways and Public Transportation
For many years, federal surface transportation programs were funded almost entirely from taxes on motor fuels deposited in the Highway Trust Fund (HTF). Although there has been some modification to the tax system, the tax rates, which are fixed in terms of cents per gallon, have not been increased at the federal level since 1993. Prior to the recession that began in 2007, annual increases in driving, with a concomitant increase in fuel use, were sufficient in most years to keep revenue rising steadily. This is no longer the case. Although vehicle miles traveled have recently surpassed...
Mandatory Minimum Sentencing of Federal Drug Offenses in Short
As a general rule, federal judges must impose a minimum term of imprisonment upon defendants convicted of various controlled substance (drug) offenses and drug-related offenses. The severity of those sentences depends primarily upon the nature and amount of the drugs involved, the defendant’s prior criminal record, any resulting injuries or death, and in the case of the related firearms offenses, the manner in which the firearm was used.
The drug offenses reside principally in the Controlled Substances Act or the Controlled Substances Import and Export Act. The drug-related firearms...
Mandatory Minimum Sentencing of Federal Drug Offenses
As a general rule, federal judges must impose a minimum term of imprisonment upon defendants convicted of various controlled substance (drug) offenses and drug-related offenses. The severity of those sentences depends primarily upon the nature and amount of the drugs involved, the defendant’s prior criminal record, any resulting injuries or death, and in the case of the related firearms offenses, the manner in which the firearm was used.
The drug offenses reside principally in the Controlled Substances Act or the Controlled Substances Import and Export Act. The drug-related firearms...
Venezuela’s Economic Crisis: Issues for Congress
Venezuela’s Economic Crisis: Overview
Venezuela is facing a political crisis under the authoritarian rule of President Nicolás Maduro, who appears to have continued to consolidate power over the political opposition in recent months. Underpinning Venezuela’s political crisis is an economic crisis. Venezuela is a major oil producer and exporter, and the 2014 crash in oil prices, combined with years of economic mismanagement, hit Venezuela’s economy hard. Venezuela’s economy has contracted by 35% since 2013, a larger contraction than the United States experienced during the Great Depression....
Transatlantic Relations in 2018
As the second year of the Trump Administration begins, a degree of uncertainty lingers over transatlantic relations. The U.S.-European partnership could face challenges in 2018. Following the election of President Trump, numerous European officials and analysts expressed concern about the future trajectory of U.S.-European relations, particularly the U.S. commitment to NATO, the European Union (EU), and the multilateral trading system. Although the Trump Administration has not altered or withdrawn from the fundamental aspects of the transatlantic relationship, many European leaders appear...
P.L. 115-97: Net Operating Losses
The 2017 tax revision (P.L. 115-97) enacted on December 22, 2017, made significant changes to the federal tax system, including changes to the tax treatment of business net operating losses (NOLs). This Insight provides an overview of the tax treatment of NOLs that existed before the enactment of P.L. 115-97 and the treatment of losses going forward as a result of the 2017 revision.
What Is an NOL?
A business incurs an NOL when its deductions exceed its gross income, or, put differently, when a business’s taxable income is negative. The year in which the NOL is realized is referred to as...
Drug Compounding: FDA Authority and Possible Issues for Congress
Drug compounding is a process by which a pharmacist or physician combines, mixes, or alters various drug ingredients to create a drug to meet the unique needs of an individual patient for whom an approved drug may not be appropriate (e.g., due to an allergy to a dye in the product).
The Federal Food, Drug, and Cosmetic Act (FFDCA) authorizes the Food and Drug Administration (FDA) to regulate the manufacturing and sale of drugs in the United States, including compounded drugs. Generally, a drug may not be sold unless the FDA, through its drug approval process, has determined that the drug...
Army Corps Supplemental Appropriations: History, Trends, and Policy Issues
Congress directs the U.S. Army Corps of Engineers (Corps) to plan and build water resource facilities through the agency’s civil works program. The Corps also has a prominent role in responding to natural disasters, especially floods, in U.S. states and territories. In recent years through supplemental appropriations, Congress also has funded the agency to study and construct projects that reduce flood risks in areas recently affected by some hurricanes and floods. The 115th Congress is considering possible responses to various natural disasters in 2017. H.R. 4667—Further Additional...
Child Welfare: An Overview of Federal Programs and Their Current Funding
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. As the U.S. Constitution has been interpreted, states bear the primary authority for ensuring the welfare of children and their families. The federal government has shown long-standing interest in helping states improve their services to children and families and, through the provision of federal support, requires states to meet certain child welfare requirements. For FY2017, an estimated $8.9 billion in...
P.L. 115-97: The Mortgage Interest Deduction
P.L. 115-97, the 2017 tax revision, was enacted on December 22, 2017. The law makes significant changes to the federal tax system, including to the mortgage interest deduction. This Insight briefly explains the 2017 law governing the mortgage interest deduction and the modifications made to the deduction by P.L. 115-97.
2017 Law
For the 2017 tax year, a homeowner may deduct the interest paid on a mortgage that finances the acquisition of a primary or secondary residence as long as the homeowner itemizes their tax deductions. The amount of interest that may be deducted is limited to the...
The Federal Tax System for the 2017 Tax Year
The 115th Congress has passed legislation that substantially changes the U.S. federal tax system (H.R. 1). This report describes the federal tax structure, provides some statistics on the tax system as a whole, as of 2017.
Historically, the largest component of the federal tax system, in terms of revenue generated, has been the individual income tax. In fiscal year (FY) 2016, $1.5 trillion, or 47% of the federal government’s revenue, was collected from the individual income tax. The corporate income tax generated another $300 billion in revenue in FY2016, or 9% of total revenue. Social...
Policy Options to Increase Physician Training Education in Proper Opioid Prescribing
Among the recommendations of the President’s Commission on Combating Drug Addiction and the Opioid Crisis (President’s Commission) is to mandate “medical education and prescriber education initiatives in proper opioid prescribing and risks of developing an SUD [Substance Use Disorder].”
This Insight focuses on physician efforts because physicians can prescribe in every state but not all states permit advanced practice nurses or physician assistants to prescribe opioids. Many of the policy options discussed in this Insight could also be applied to other provider types (e.g., nonphysicians)...
Floodplain Management and Flood Resilience: Current Policy and Considerations for Congress
An issue for Congress is how federal floodplain policy shapes implementation of federal projects and programs. Floodplain policy has particular relevance for federal disaster recovery assistance and infrastructure support. President Trump and, earlier, Presidents Obama and Carter have provided direction on federal floodplain policy. This Insight describes this presidential direction and presents considerations for Congress.
Presidential Direction and Current Policy
Three executive orders (E.O.s) are directly relevant to current federal floodplain policy:
E.O. 13807 (Trump, 2017),...
Tailoring Bank Regulations: Differences in Bank Size, Activities, and Capital Levels
Banking organizations differ across a multitude of characteristics. The amount of assets they hold, the services they provide, and how they secure funding are just a few examples. These differences affect an individual organization’s risk of failure and the risk its failure or distress could pose to the overall financial system. Policymakers generally agree that certain banking regulations should be tailored to account for such differences, and as a result, banks are currently subject to or exempt from various regulations if they meet certain criteria. To what degree existing bank...
The Deduction for Out-of-Pocket Teacher Expenses
While both the House and Senate tax reform proposals proposed changing the above-the-line deduction for out-of-pocket teacher expenses, the Conference Report to accompany H.R. 1 ultimately retains the current law deduction. The House proposal, the Tax Cuts and Jobs Act (H.R. 1), would have repealed the deduction. In contrast, the Senate proposal would have temporarily increased the deduction to $500, through 2025. The Joint Committee on Taxation (JCT) estimated that repealing the deduction (the House proposal) would have increased revenues by $2.1 billion between 2018 and 2027, while...
The 2017 National Security Strategy: Issues for Congress
On December 18, 2017, the Trump Administration released its first National Security Strategy (NSS). The document maintains that, in addition to the threats posed to the United States by rogue regimes and violent extremist organizations that have been a central focus of national security policy since the end of the Cold War, great power rivalry and competition have once again become a central feature of the international security landscape. To advance U.S. interests effectively within this strategic context, the Administration argues, the United States must improve domestic American...
Division A of H.R. 3922: The CHAMPIONING HEALTHY KIDS Act
On October 30, 2017, the House Rules Committee posted an amendment in the nature of a substitute for the Community Health And Medical Professionals Improve Our Nation Act of 2017 (CHAMPION Act, H.R. 3922). The amendment considered by the House struck the text of the CHAMPION Act and replaced it with the text of the amendment in the nature of the substitute.
The amendment in the nature of a substitute is entitled the Continuing Community Health And Medical Professional Programs to Improve Our Nation, Increase National Gains, and Help Ensure Access for Little Ones, Toddlers, and Hopeful...
Educational Assessment and the Elementary and Secondary Education Act
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), specifies the requirements for assessments that states must incorporate into their state accountability systems to receive funding under Title I-A. While many of the assessment requirements of the ESEA have not changed from the requirements put into place by the No Child Left Behind Act (NCLB; P.L. 107-110), the ESSA provides states some new flexibility in meeting them. This report has been prepared in response to congressional inquiries about the revised educational...
Contested Elections in Honduras
Honduras has descended into political crisis in the aftermath of disputed elections held on November 26, 2017. On election night, with 57% of the vote counted, Salvador Nasralla, a television personality and sports commentator backed by the left-leaning Opposition Alliance Against the Dictatorship, held a five-point lead over incumbent President Juan Orlando Hernández of the conservative National Party (PN). Hernández edged ahead of Nasralla several days later, however, after the country’s Supreme Electoral Tribunal (TSE) belatedly processed the outstanding votes. The Opposition Alliance...
Supplemental Appropriations Proposed for Agriculture
Crop and livestock losses from the 2017 hurricane season and wildfires in the West have created a demand for agricultural disaster assistance. To date, Congress has enacted two supplemental appropriations, but neither included funding for agricultural-related losses.
On November 17, 2017, the Administration made a third supplemental appropriations request. Overall, it included $44 billion of additional appropriations, offset by $59 billion of reductions. For analysis of the request see CRS Insight IN10832, Proposed Offsets Exceed Spending for Agriculture in the Administration’s Disaster...
EPA’s Clean Power Plan for Existing Power Plants: Frequently Asked Questions
On October 10, 2017, the U.S. Environmental Protection Agency (EPA) proposed to repeal the Clean Power Plan (CPP), the Obama Administration rule that would limit carbon dioxide (CO2) emissions from existing fossil-fuel-fired power plants. The action came in response to Executive Order 13783, in which President Trump directed federal agencies to review existing regulations and policies that potentially burden the development or use of domestically produced energy resources. Among the E.O.’s specific directives was that EPA review the CPP, which was one of the Obama Administration’s most...
Basic Concepts and Technical Considerations in Educational Assessment: A Primer
Federal education legislation continues to emphasize the role of assessment in elementary and secondary schools. Perhaps most prominently, the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), requires the use of test-based educational accountability systems in states and specifies the requirements for the assessments that states must incorporate into state-designed educational accountability systems. These requirements are applicable to states that receive funding under Title I-A of the ESEA. More specifically, to receive...
Short-Term FAA Extension in Place, but Legislative Debate Continues
Both the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation acted favorably on bills to reauthorize the Federal Aviation Administration (FAA) and other aviation programs in June 2017. The two bills, H.R. 2997 and S. 1405, have significant differences, many of them related to provisions in the House bill that would create a not-for-profit private corporation to take over responsibility for running the national air traffic control system. The Senate bill contains no similar provisions, and the passage of long-term...
The National Science Foundation: FY2018 Appropriations and Funding History
The National Science Foundation (NSF) supports basic research and education in the non-medical sciences and engineering. NSF is a major source of federal support for U.S. university research, especially in certain fields such as computer science. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.
Overall, the Trump Administration is seeking $6.653 billion for NSF in FY2018, an $819 million decrease (-11%) from the FY2017 enacted level of $7.472 billion....
An analysis of the Senate Finance Committee-approved tax reform bill by the Joint Committee on Taxation (JCT) indicates that the legislation would result in some taxpayers paying more in taxes, some paying less in taxes, and some seeing little or no change in their tax liability. JCT’s analysis, dated November 27, 2017, was conducted before the Senate passed H.R. 1 with an amendment on December 2, 2017. While the analysis was provided to the Washington Post and others, it has not been posted on JCT’s website.
As illustrated in Figure 1, JCT estimates that in 2019,
the majority of the...
The $50 Billion Threshold in the Dodd-Frank Act: Key Findings
This Insight presents the key findings from the newly issued CRS Report R45036, Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act.
Background
The 2007-2009 financial crisis highlighted the problem of “too big to fail” (TBTF) financial institutions—the concept that the failure of a large financial firm could trigger financial instability, which in several cases prompted extraordinary federal assistance to prevent their failure. One pillar of the Dodd-Frank Act’s (P.L. 111-203’s) response to addressing financial stability and ending TBTF was a new enhanced...
Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management and Policy Issues
The Mixed Oxide Fuel Fabrication Facility (MFFF) in South Carolina has been a key component of the current U.S. strategy for disposing of surplus weapons plutonium from the Cold War. Disposition of surplus plutonium is required by a 1998 agreement, amended in 2010, between the United States and the Russian Federation. Each country agreed to convert 34 metric tons of surplus weapons-grade plutonium to a form that could not be returned to nuclear weapons, to begin in 2018. Russia suspended its participation in the agreement in October 2016 due to what it called “hostile actions” by the...
FY2018 National Defense Authorization Act: Selected Military Personnel Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. This report provides a brief synopsis of selected sections in the National Defense Authorization Act for FY2018 (H.R. 2810), as passed by the House on July 14, 2017, and the Senate on September 18, 2017. The FY2018 NDAA conference report was passed by the House on November 14, 2017, and the Senate on November 16, 2017. On December 12, President Donald J. Trump signed the bill into law (P.L. 115-91). Issues include military end-strengths, pay and benefits, and other personnel...
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy
The United States, partner countries, and the Afghan government are attempting to reverse recent gains made by the resilient Taliban-led insurgency since the December 2014 transition to a smaller international mission consisting primarily of training and advising the Afghanistan National Defense and Security Forces (ANDSF). The Afghan government has come under increasing domestic criticism not only for failing to prevent insurgent gains but also for its internal divisions that have spurred the establishment of new political opposition coalitions. In September 2014, the United States...
Taylor Force Act: Palestinian Terrorism-Related Payments and U.S. Aid
Some Members of Congress have increased their scrutiny of the Palestinian practice of providing payments to some Palestinians (and/or their families) who have been imprisoned for or accused of terrorism by Israel. Critics have asserted that because money is fungible, any aid that directly benefits the Palestinian Authority (PA) could indirectly support such payments. Congress may consider legislation—most of the bills are known as the Taylor Force Act—that could supersede existing provisions on the subject in annual appropriations legislation. The impact that the legislation could have on...
Jerusalem: U.S. Recognition as Israel’s Capital and Planned Embassy Move
Via a presidential document that he signed after a speech on December 6, 2017, President Trump proclaimed “that the United States recognizes Jerusalem as the capital of the State of Israel and that the United States Embassy to Israel will be relocated [from Tel Aviv] to Jerusalem as soon as practicable.” A December deadline for a presidential decision under the Jerusalem Embassy Act of 1995 (P.L. 104-45) and plans for Vice President Pence to travel to the region apparently precipitated the timing of the President’s decision.
Despite his proclamation on the planned embassy relocation, the...
Medicare Temporary Payment Adjustments for Ground Ambulance Scheduled to Expire
Medicare Part B pays ambulance suppliers and providers for services and mileage under the Ambulance Fee Schedule (AFS). Congress established, through the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173), three temporary payment adjustments for ground ambulance transports. These temporary adjustments, among other AFS adjustments, are determined by the zip code where the patient is picked up; every zip code in the United States is eligible for at least one of the three temporary payment adjustments. Since enactment, Congress has modified and extended...
This report is designed to introduce congressional staff to selected governmental and nongovernmental sources that are useful in tracking and obtaining information on federal legislation and regulations. It includes governmental sources, such as Congress.gov, the Government Publishing Office’s Federal Digital System (FDsys), and U.S. Senate and House websites. Nongovernmental or commercial sources include resources such as HeinOnline and the Congressional Quarterly (CQ) websites. The report also highlights classes offered by the Congressional Research Service (CRS) and the Law Library of...
Efforts to Address Seasonal Agricultural Import Competition in the NAFTA Renegotiation
The United States has initiated renegotiations of the North American Free Trade Agreement (NAFTA) with Canada and Mexico. Among the Administration’s agriculture-related objectives in the renegotiation is a proposal to establish new rules for seasonal and perishable products, such as fruits and vegetables, which would establish a separate domestic industry provision for perishable and seasonal products in anti-dumping and countervailing duties (AD/CVD) proceedings. This could protect certain U.S. seasonal fruit and vegetable products by making it easier to initiate trade remedy cases...
Senate Committee Hearings: Scheduling and Notification
Senate standing committees have authority to hold hearings whether the Senate is in session, has recessed, or has adjourned (Rule XXVI, paragraph 1). Regardless of the type of hearing or whether a hearing is held in or outside of Washington, hearings share common aspects of planning and preparation.
Natural Disasters of 2017: Congressional Considerations Related to FEMA Assistance
This Insight provides a short overview of issues Congress may consider in its oversight of the Federal Emergency Management Agency’s (FEMA’s) federal assistance during the 2017 hurricane season (e.g., Harvey, Irma, and Maria) and other disasters (e.g., fires in California). For the current status of response efforts, see official government sources and news media. For additional support, please contact CRS experts.
Stafford Act Declarations and Response
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), the President may declare an emergency or...
Senate Committee Hearings: Arranging Witnesses
Selecting witnesses is one of the most important aspects of planning a Senate hearing. Committees and subcommittees pay careful attention to which viewpoints will be represented, who should testify, and the order and format for presenting witnesses. A witness must be invited by a committee in order to testify. Standing committees and their subcommittees may also subpoena reluctant witnesses.
Senate Consideration of Treaties
The consideration of treaties and nominations constitutes the executive business of the Senate. The Senate conducts executive business only after it has resolved into executive session. Senate Rule XXIX is concerned with executive sessions; Rule XXX discusses proceedings on treaties. This report is one of a series of CRS reports on aspects of the legislative process, and it will be updated to reflect any change in the rules and practices of the Senate regarding consideration of treaties.
Senate Committee Hearings: Witness Testimony
Generally, witnesses before Senate committees (except Appropriations) must provide a committee with a copy of their written testimony at least one day prior to their oral testimony (Rule XXVI, paragraph 4(b)). It is common practice to ask a witness to limit his or her oral remarks to a brief summary of the written testimony. A question-and-answer period usually follows a witness’s oral testimony. Senate rules require committees to make publicly available a transcript or recording of any public meeting.
Senate Committee Rules in the 115th Congress: Key Provisions
Senate Rule XXVI establishes specific requirements for certain Senate committee procedures. In addition, each Senate committee is required to adopt rules to govern its own proceedings. These rules may “not be inconsistent with the Rules of the Senate.” Senate committees may also operate according to additional established practices that are not necessarily reflected in their adopted rules but are not specifically addressed by Senate rules. In sum, Senate committees are allowed some latitude to establish tailored procedures to govern certain activities, which can result in significant...
Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act
The 2007-2009 financial crisis highlighted the problem of “too big to fail” financial institutions—the concept that the failure of a large financial firm could trigger financial instability, which in several cases prompted extraordinary federal assistance to prevent their failure. This report focuses on one pillar of the Dodd-Frank Act’s (P.L. 111-203) response to addressing financial stability and ending too big to fail: a new enhanced prudential regulatory regime that applies to all banks with more than $50 billion in assets and to certain other financial institutions. Under this regime,...
Winter Fuels Outlook 2017-2018
The Energy Information Administration (EIA), in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2017-2018 winter heating season, projects that American consumers should expect to see heating expenditures that will be higher than last winter. However, the winter of 2016-2017 was relatively warm. Average expenditures for those heating with natural gas are projected to increase by 12%, while those heating with electricity are projected to see an increase of about 8%. These two fuels serve as the heating source for about 87% of all U.S. household heating. Propane and home...
FEMA’s Firefighter Assistance Grants: Reauthorization or Sunset?
Under current law (15 U.S.C. 2229(r) and 15 U.S.C. 2229a(k)), sunset provisions for the Assistance to Firefighters Grant (AFG) and the Staffing for Adequate Fire and Emergency Response (SAFER) programs will go into effect on January 2, 2018, unless the 115th Congress enacts AFG and SAFER reauthorization legislation. On August 2, 2017, the Senate passed the AFG and SAFER Program Reauthorization Act of 2017 (S. 829) by unanimous consent. S. 829 would repeal the sunset provisions for AFG and SAFER, as well as reauthorize appropriations for both programs through FY2023. The House has not...
The Child and Dependent Care Credit: Impact of Selected Policy Options
Some policymakers have shown interest in having the federal government offset some of the costs families incur for child care. The child and dependent care tax credit (CDCTC or “child care credit”) reimburses some taxpayers for a portion of their out-of-pocket child care expenses. The CDCTC is a nonrefundable tax credit, meaning taxpayers with little or no income tax liability—including many low-income taxpayers—receive little if any credit. Using the TRIM3 model, this report provides estimates of key characteristics of the CDCTC under current law and estimates the distributional effect of...
Senate Committee Hearings: Preparation
Committee hearings allow Senators an opportunity to gather information on—and draw attention to—legislation and issues within a committee’s purview, conduct oversight of programs or agencies, and investigate allegations of wrongdoing.
This checklist identifies, primarily for staff, many of the tasks that need to be performed by a full committee and, in most cases, subcommittees in advance of a hearing. Some of the tasks are required by Senate or committee rules; others are common committee practice. Some tasks are usually the responsibility of the committee’s majority staff, some are...
The Foreign Agents Registration Act (FARA): A Legal Overview
In the wake of the 2016 election, concerns have been raised with respect to the legal regime governing foreign influence in domestic politics. The central law concerning the activities of the agents of foreign entities acting in the United States is the Foreign Agents Registration Act (FARA or Act). Enacted in 1938 to promote transparency with respect to foreign influence in the political process, FARA generally requires “agents of foreign principals” undertaking certain activities on behalf of foreign interests to register with and file regular reports with the U.S. Department of Justice...
Understanding the Speech or Debate Clause
The Speech or Debate Clause (Clause) of the U.S. Constitution states that “[F]or any Speech or Debate in either House,” Members of Congress (Members) “shall not be questioned in any other Place.” The Clause serves various purposes: principally to protect the independence and integrity of the legislative branch by protecting against executive or judicial intrusions into the protected legislative sphere, but also to bar judicial or executive processes that may constitute a “distraction” or “disruption” to a Member’s representative or legislative role. Despite the literal text, protected acts...
Proposed Offsets Exceed Spending for Agriculture in the Administration’s Disaster Assistance Request
On November 17, 2017, the Office of Management and Budget (OMB) released the Administration’s request for a third round of supplemental funding in response to natural disasters in 2017. The total request includes $44 billion of additional appropriations for disasters during 2017, offset by $59 billion of reductions to budget authority for previous appropriations ($15 billion) and a two-year extension of sequestration on mandatory spending ($44 billion) from FY2025 to FY2027.
Accounts in the jurisdiction of Agriculture appropriations would receive an additional of $992 million for...
Supplemental Appropriations and the 2017 Hurricane Season
The 2017 hurricane season was the fifth-most active on record in the Atlantic Basin, in terms of accumulated storm strength. Four named storms made landfall on U.S. soil from mid-August to mid-October, causing extensive damage. Concurrently, a series of deadly wildfires struck California.
Enacted 2017 Hurricane Season Supplemental Appropriations
Congress has passed two supplemental appropriations bills in response to Administration requests made in September and October 2017 in the wake of these incidents. Table 1 outlines the two requests and enacted appropriations.
Table 1. Enacted...
Money Laundering: An Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law
This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. The most prominent is 18 U.S.C. § 1956. Section 1956 outlaws four kinds of money laundering—promotional, concealment, structuring, and tax evasion laundering of the proceeds generated by designated federal, state, and foreign underlying crimes (predicate offenses)—committed or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and...
Money Laundering: An Abridged Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law
This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. The most prominent is 18 U.S.C. § 1956. Section 1956 outlaws four kinds of money laundering—promotional, concealment, structuring, and tax evasion laundering of the proceeds generated by designated federal, state, and foreign underlying crimes (predicate offenses)—committed or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and...
Colombia’s Changing Approach to Drug Policy
Colombia is one of the largest producers of cocaine globally, and it also produces heroin bound for the United States. Counternarcotics policy has long been a key component of the U.S.-Colombian relationship, which some analysts have described as “driven by drugs.” In recent years, Colombia revised its approach to counternarcotics policy, which may have implications for the U.S.-Colombian relationship going forward. On September 13, 2017, President Trump cited the recent spike in Colombia’s cocaine production as the reason he was reserving the option to decertify Colombia as a cooperating...
Third Treasury Report on Regulatory Relief: Asset Management and Insurance
On October 26, 2017, the Department of the Treasury issued a report, “A Financial System That Creates Economic Opportunities: Asset Management and Insurance,” which examines the regulation of those industries. It is the third in a series of reports written in accordance with Executive Order 13772 issued by President Donald Trump on February 3, 2017, which directs the Secretary of the Treasury to report on how the financial system is regulated and how regulation could be improved.
The report examines asset management and insurance and makes recommendations for changes to how they are...
Reauthorization of the Federal Aviation Administration (FAA) in the 115th Congress
Funding authorization for the Federal Aviation Administration (FAA), included in the FAA Extension, Safety, and Security Act of 2016 (P.L. 114-190), expired at the end of FY2017. A subsequent six-month extension (P.L. 115-63) is set to expire at the end of March 2018. Long-term FAA reauthorization measures (H.R. 2997 and S. 1405) are currently under consideration. In addition to setting spending levels, FAA authorization acts typically set policy on a wide range of issues related to civil aviation. This report considers prominent topics in the 115th Congress reauthorization debate.
Most...
The Trump Administration and the Unified Agenda of Federal Regulatory and Deregulatory Actions
Donald J. Trump promised that if he were elected President, he would instruct federal agencies to reduce their regulations significantly. As of late 2017, this deregulation was underway in agencies across the federal government.
One way for Congress and the public to be informed about this deregulatory activity is to consult the “Unified Agenda of Federal Regulatory and Deregulatory Actions.” The Unified Agenda is a government-wide publication of rulemaking actions agencies expect to take in the coming months, and it contains both regulatory actions (i.e., new regulations) and deregulatory...
Zimbabwe’s Political Transition: Issues for Congress
In mid-November 2017, spurred by an intraparty rivalry within the ruling Zimbabwe National Union-Patriotic Front (ZANU-PF) party to succeed then-President Robert Mugabe (age 93), the Zimbabwe Defense Forces (ZDF) seized control of key national political and military facilities. The ZDF then reportedly pressed Mugabe—head of state since independence in 1980—to resign, reverse his recent dismissal of Vice President Emmerson Mnangagwa in favor of Mugabe’s wife, Grace Mugabe, and halt a ZANU-PF purge of Mnangagwa’s supporters. (See CRS Insight IN10819, Zimbabwe: A Military-Compelled...
Iran’s Expanding Economic Relations with Asia
Overview
Since multilateral sanctions on Iran were lifted in January 2016 under the Iran nuclear agreement (Joint Comprehensive Plan of Action, JCPOA), foreign firms have begun to resume business with Iran. Iranian leaders seem to be counting on expanded economic ties with the major East Asian economies to help Iran emerge from the years of international sanctions, diversify its economy away from reliance on hydrocarbon products, and become a regional trading hub. Expanding ties with Asia is politically easy for Iran because the major Asian countries remained engaged in Iran’s economy even...
The Opioid Epidemic and the Labor Force
Some Members have expressed strong concerns about the societal costs of the opioid epidemic, including its potential to adversely affect the U.S. economy. Efforts to quantify the annual economic costs of opioid abuse and dependence return estimates in the tens of billions, of which workforce losses—decreased productivity, missed days of work, and premature death—account for a substantial share. Opioid abuse could further generate labor force costs—directly or indirectly—if it affects labor force participation decisions and unemployment. A small body of research has explored and identified...
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone or with the advice and consent of the Senate. This report identifies all nominations during the 114th Congress that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other...
The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 151 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 114th Congress.
Information for each board and commission is presented in profiles and tables. The profiles...
Egypt: Terrorist Attack in the Sinai Peninsula
Background
Terrorists based in the Sinai Peninsula have been waging an insurgency against the Egyptian government for more than six years. While the terrorist landscape in Egypt is evolving and encompasses several groups, Sinai Province (SP) is known as the most lethal. Since its affiliation with the Islamic State in 2014, SP has attacked the Egyptian military continually, targeted Coptic Christian individuals and places of worship, and occasionally fired rockets into Israel. In October 2015, SP targeted Russian tourists departing the Sinai by allegedly planting a bomb aboard Metrojet...
Senate Rules Restricting the Content of Conference Reports
Two Senate rules affect the authority of conferees to include in their report matter that was not passed by the House or Senate before the conference committee was appointed. Colloquially, such provisions are sometimes said to have been “airdropped” into the conference report. First, Rule XXVIII precludes conference agreements from including policy provisions that were not sufficiently related to either the House or the Senate version of the legislation sent to conference. Such provisions are considered to be “out of scope” under long-standing Senate rules and precedents. Second, Paragraph...
Cybersecurity: State, Local, and International Authoritative Reports and Resources
Much is written by and about state, local, and international government efforts to address cybersecurity policy issues. This report and the CRS reports listed below link to authoritative sources that address many of the most prominent issues. It includes resources and studies from government agencies (federal, state, local, and international), think tanks, academic institutions, news organizations, and other sources. These sources are listed in reverse chronological order, with an emphasis on materials published in the past several years.
This report is intended to serve as a starting...
The Distribution of the Tax Policy Changes in H.R. 1 and the Senate’s Tax Cuts and Jobs Act
Distributional analysis can be used to illustrate how changes in tax policy would affect the economic well-being of taxpayers. The Joint Committee on Taxation (JCT) regularly prepares distributional analyses of major tax proposals. On November 14, 2017, the JCT released a distributional analysis of the Tax Cuts and Jobs Act (H.R. 1). H.R. 1 passed a vote in the House on November 16, 2017. The JCT has also released a distributional analysis of the Senate’s version of the Tax Cuts and Jobs Act.
When the goal of distributional analysis is to look at taxpayers’ economic well-being, one useful...
Keystone XL Pipeline: Recent Developments
Introduction
TransCanada’s proposed Keystone XL Pipeline would transport oil sands crude from Canada and shale oil produced in the Bakken region of North Dakota and Montana to a market hub in Nebraska (Figure 1). On November 20, 2017, the Nebraska Public Service Commission (PSC) approved the “alternative mainline” route for the Nebraska segment of Keystone XL which would co-locate some of the new pipeline with the company’s existing Keystone (Mainline) Pipeline. This route differs from the siting that TransCanada originally proposed (Figure 2, “preferred route”). Due to the PSC’s decision,...
Cybersecurity: Overview Reports and Links to Government, News, and Related Resources
Much is written on the topic of cybersecurity. This CRS report and those listed below direct the reader to authoritative sources that address many of the most prominent issues. Included in the reports are resources and studies from government agencies (federal, state, local, and international), think tanks, academic institutions, news organizations, and other sources.
This report is intended to serve as a starting point for congressional staff assigned to cover cybersecurity issues. It includes annotated descriptions of reports, websites, or external resources:
Table 1—cybersecurity...
Volcano and Landslide Provisions in Title X of S. 1460, the Energy and Natural Resources Act of 2017
Title X of S. 1460 would authorize a national volcano early warning and monitoring system (Subtitle A) and a National Landslide Hazards Reduction Program (Subtitle B) within the Department of the Interior (DOI). These activities would be led by the U.S. Geological Survey (USGS), a bureau within DOI.
Volcanoes
The USGS has indicated that progressively implementing a national volcano early warning system (NVEWS) to address a monitoring gap within its Volcano Hazards Program (funding level of $26 million in FY2017) has been a priority since 2005. In its FY2018 budget justification, however,...
Iraq: Background and U.S. Policy
The 115th Congress and the Trump Administration are considering options for U.S. engagement with Iraq as Iraqis look beyond the immediate security challenges posed by their intense three-year battle with the insurgent terrorists of the Islamic State organization (IS, aka ISIL/ISIS). While Iraq’s military victory over Islamic State forces is now virtually complete, Iraq’s underlying political and economic challenges are daunting and cooperation among the forces arrayed to defeat IS extremists has already begun to fray. The future of volunteer Popular Mobilization Forces (PMF) and the terms...
The Campus-Based Financial Aid Programs: Background and Issues
Three need-based student financial aid programs authorized under Title IV of the Higher Education Act of 1965 (HEA)—Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Federal Work-Study (FWS) program, and the Federal Perkins Loan program—are collectively referred to as the “campus-based” programs. These programs are considered campus-based because federal funds are awarded directly to institutions of higher education (IHEs) that administer the programs and provide institutional funds to match the federal funds they receive for them.
The campus-based programs are among...
Cybersecurity: Education, Training, and R&D Authoritative Reports and Resources
Much is written on the topics of current gaps in the education and training of a cybersecurity workforce and the need for technology research and development (R&D) to solve cybersecurity technical issues. This CRS report directs the reader to authoritative sources that address these issues. The annotated descriptions of these sources are listed in reverse chronological order, with an emphasis on material published in the past several years. This report also includes resources and studies from government agencies (federal, state, local, and international), think tanks, academic...
Tax Incentives for Charitable Giving in the Tax Cuts and Jobs Act (H.R. 1)
Provisions in the Tax Cuts and Jobs Act (H.R. 1) would decrease the tax incentive for charitable giving. Under current law, taxpayers itemizing deductions can deduct contributions made to charitable organizations. Generally, the deduction is limited to 50% of adjusted gross income (AGI), although there are lower AGI limits for certain types of non-cash gifts and for gifts to certain types of recipient organizations.
H.R. 1 would decrease the tax incentive for charitable giving by substantially reducing the number of taxpayers itemizing deductions. Specifically, the standard deduction...
OPEC and Non-OPEC Crude Oil Production Agreement: Compliance Status
On November 30, 2016—in an effort to stabilize declining oil prices—the Organization of the Petroleum Exporting Countries (OPEC) announced an agreement whereby 11 of the then-active 13 members would reduce crude oil production by approximately 1.2 million barrels per day (bpd) for 6 months starting January 1, 2017. On December 10, 2016, OPEC announced that 11 non-OPEC countries, led by Russia, had joined the agreement by pledging to further reduce oil production by 558,000 bpd. This “Declaration of Cooperation” to collectively reduce oil production by approximately 1.8 million bpd was...
Zimbabwe: A Military-Compelled Transition?
Between November 14 and 15, members of the Zimbabwe Defense Forces (ZDF) seized control of the state-owned Zimbabwe Broadcasting Corporation and secured other key political and military facilities, in an action seen by some observers as a coup d’état. The ultimate objective and possible trajectory of their intervention remain unclear, but the move appears to have been sparked by a succession struggle within the ruling Zimbabwe National Union-Patriotic Front (ZANU-PF).
Specific triggers were President Robert Mugabe’s November 6 dismissal of one of Zimbabwe’s two vice presidents, Emmerson...
Potential Effects of a U.S. NAFTA Withdrawal: Agricultural Markets
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994, establishing a free trade area as part of a comprehensive economic and trade agreement among the United States, Canada, and Mexico. Currently, the United States is renegotiating the agreement. However, repeated threats by President Trump to abandon NAFTA and other actions by the Administration as part of ongoing efforts to “modernize” NAFTA have raised concerns that the United States could withdraw from NAFTA. Although some U.S. agricultural sectors support NAFTA renegotiation and efforts to address...
With the military services looking to alleviate shortages of pilots and publicly admitting shortages in readiness, the Navy and Air Force have begun to look to contracting out some kinds of pilot training—specifically the live simulation of enemy aircraft.
Before the Vietnam War, American air forces trained internally, with pilots flying against others in similar aircraft using the same tactics. During that war, however, the United States learned a great deal about modern adversary tactics and the capabilities of the (mainly Soviet) aircraft employed in that war, which often differed...
Repair or Rebuild: Options for Electric Power in Puerto Rico
On September 20, 2017, Hurricane Maria made landfall in Puerto Rico as a Category 4 storm with sustained wind speeds of over 155 miles per hour. The hurricane also brought torrential rainfall with a range of 15 to 40 inches or more in some places, resulting in widespread flooding across the island. Puerto Rico’s office of emergency management reported that the storm had incapacitated the central electric power system, leaving the entire island without power as the island’s grid was essentially destroyed.
Even before the 2017 hurricane season, Puerto Rico’s electric power infrastructure...
The Article V Convention to Propose Constitutional Amendments: Current Developments
Article V of the U.S. Constitution provides two procedures for amending the nation’s fundamental charter: proposal of amendments by Congress, by a vote of two-thirds of the Members of both houses, and proposal by a convention, generally referred to as an “Article V Convention,” called on the application of the legislatures of two-thirds (34) of the states. Amendments proposed by either method must be ratified by three-fourths (38) of the states in order to become part of the Constitution. This report provides information for Members of Congress and congressional staff on current...
Telehealth Services Proposed for Medicare Part B Reimbursements, 2018: Fact Sheet
Suppress:
During the 115th Congress, several bipartisan bills have been introduced that aim to expand the number of telehealth services that are covered under Medicare. Telehealth is the electronic delivery of a health care service via a technological method. Health care providers use telehealth to improve patients’ access to and quality of care. Under Medicare, these patients are likely to live in rural areas, be under the age of 65, and be disabled.
The Centers for Medicare and Medicaid Services (CMS) administers the Medicare program and makes decisions on telehealth coverage and...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2018 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations in the THUD bill, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts...
Statute of Limitation in Federal Criminal Cases: A Sketch
A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost.
There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of...
Impact of the Budget Control Act Discretionary Spending Caps on a Continuing Resolution
What are the requirements of the BCA for FY2018 appropriations?
Appropriations enacted for FY2018 are subject to two statutory discretionary spending limits established by the Budget Control Act of 2011 (BCA): One applies to defense discretionary spending, and the other applies to nondefense discretionary spending. The defense spending limit for FY2018 is $549 billion and applies to discretionary spending in budget function 050 (national defense) only. The nondefense spending limit for FY2018 is $516 billion and applies to discretionary spending in all other budget functions. The BCA...
Statute of Limitation in Federal Criminal Cases: An Overview
A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost.
There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of...
The process used by the American Bar Association (ABA) to evaluate judicial nominees has, over the years, remained a topic of ongoing interest among Senators during the judicial confirmation process. This CRS Insight provides background information and historical analysis of U.S. circuit and district court nominees who received, from 1953 to the present, a rating of “not qualified” from the Standing Committee on the Federal Judiciary of the ABA. Since 1953, every presidential Administration, except those of George W. Bush and Donald Trump, has sought ABA prenomination evaluations of its...
Tax Reform: The Child Credit and the Child Care Credit
The current tax code has two credits that offset the costs of raising children: the child tax credit (sometimes referred to as the “child credit,” or CTC) and the child and dependent care credit (sometimes referred to as the “child care credit,” or CDCTC). These are two distinct tax credits. H.R. 1, as introduced, would, among other things, increase the child tax credit to $1,600 per child; set the maximum amount of the refundable portion at $1,000 per child, allowing this amount to increase over time with inflation to $1,600 per child; and increase the income level at which the credit...
Cybersecurity: Federal Government Authoritative Reports and Resources
This report serves as a starting point for congressional staff assigned to cover cybersecurity issues related to federal and military government activities. Much is written by and about the federal government’s efforts to address cybersecurity policy challenges, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of these sources are listed in reverse chronological order with an emphasis on material published in the past several years. This report includes resources and studies from government agencies...
Drought in the United States: Causes and Current Understanding
Drought is a natural hazard with potentially significant economic, social, and ecological consequences. History suggests that severe and extended droughts are inevitable and part of natural climate cycles. Drought has for centuries shaped the societies of North America and will continue to do so into the future. The likelihood of extended periods of severe drought and its effects on 21st-century society in the United States raise several issues for Congress. These issues include how to respond to recurrent drought incidents, how to prepare for future drought, and how to coordinate federal...
Diversity Immigrant Visa Program
On October 31, 2017, a resident of Patterson, NJ, reportedly drove a truck onto a bicycle path in New York City, killing 8 and injuring 11. Authorities have described the incident as a terrorist attack, and the suspect has been identified as an immigrant from Uzbekistan. Given that the suspect reportedly entered the country on an immigrant visa obtained through the Diversity Visa program (DV program), this incident has renewed interest in the DV program and its associated “lottery.”
What is the DV program?
The DV program was established to increase U.S. immigrant diversity by admitting...
Resolutions of Inquiry: An Analysis of Their Use in the House, 1947-2017
A resolution of inquiry is a simple resolution making a direct request or demand of the President or the head of an executive department to furnish the House with specific factual information in the Administration’s possession. Under the rules and precedents of the House of Representatives, such resolutions, if properly drafted, are given a privileged parliamentary status. This means that, under certain circumstances, a resolution of inquiry can be brought to the House floor for consideration even if the committee to which it was referred has not reported it and the majority party...
The Rohingya Crises in Bangladesh and Burma
A series of interrelated humanitarian crises, stemming from more than 600,000 ethnic Rohingya who have fled Burma into neighboring Bangladesh in less than 10 weeks, pose challenges for the Trump Administration and Congress on how best to respond.
The flight of refugees came following attacks on security outposts in Burma’s Rakhine State, reportedly by the Arakan Rohingya Salvation Army (ARSA), an armed organization claiming it is defending the rights of the region’s predominately Muslim Rohingya minority, and an allegedly excessive military response by Burma’s military. Some of the...
Energy Tax Provisions in the Tax Cuts and Jobs Act (H.R. 1)
The Tax Cuts and Jobs Act (H.R. 1) proposes a number of changes to energy-related tax provisions. These changes are summarized in Table 1. H.R. 1 includes a broad restructuring of the federal income tax system. A full analysis of the consequences of this proposal for the energy sector, or various subsets of the energy sector, is beyond the scope of this Insight. Table 1. Energy Tax Provisions in H.R. 1
Current Law H.R. 1 10-Year Change in Revenues ($ billions)
Credit for new qualified plug-in electric vehicles Credit up to $7,500 for plug-in electric vehicles. Credit phases out at...
Government Printing, Publications, and Digital Information Management: Issues and Challenges
In the past half-century, in government and beyond, information creation, distribution, retention, and preservation activities have transitioned from a tangible, paper-based process to digital processes managed through computerized information technologies. Information is created as a digital object which then may be rendered as a text, image, or video file. Those files are then distributed through a myriad of outlets ranging from particular software applications and websites to social media platforms. The material may be produced in tangible, printed form, but typically remains in digital...
Why is Violence Rebounding in Mexico?
Mexico’s transnational criminal organizations (TCOs) have for years been identified as the greatest organized crime threat to the United States given their strong links to drug trafficking, money laundering, and other crimes. These organizations also generate extreme violence within Mexico, where they exercise territorial influence in large swaths of the country near illicit drug production hubs and trafficking routes and particularly where the TCOs clash to assert or maintain dominance.
Between 2008 and 2016, Mexico’s homicide rate increased from 8 per 100,000 residents to 16.2 per...
Wildfire Suppression Spending: Background, Issues, and Legislation in the 115th Congress
Congress has directed that the federal government is responsible for managing wildfires that begin on federal lands, such as national forests or national parks. States are responsible for managing wildfires that originate on all other lands. Although a greater number of wildfires occur annually on nonfederal lands, wildfires on federal lands tend to be much larger, particularly in the western United States. The federal government’s wildfire management responsibilities—fulfilled primarily by the Forest Service (FS) and the Department of the Interior (DOI)—include preparedness, prevention,...
Comprehensive Energy Planning for Puerto Rico and U.S. Virgin Islands
Background
Hurricanes Irma and Maria caused extensive damage in the Caribbean and destroyed much of the electric power systems of Puerto Rico and the U.S. Virgin Islands (USVI). Congress has recognized that electric power systems in insular areas are vulnerable to hurricanes and typhoons and dependent on imported fuel (P.L. 109-58, title II, §251; P.L. 96-597, title VI, §604). Under 48 U.S.C. §1492, Congress authorized comprehensive energy planning, demonstration of cost-effective renewable energy technologies, and financial assistance for projects in insular areas related to energy...
The North Korean Nuclear Challenge: Military Options and Issues for Congress
North Korea’s apparently successful July 2017 tests of its intercontinental ballistic missile capabilities, along with the possibility that North Korea (DPRK) may have successfully miniaturized a nuclear warhead, have led analysts and policymakers to conclude that the window for preventing the DPRK from acquiring a nuclear missile capable of reaching the United States is closing. These events appear to have fundamentally altered U.S. perceptions of the threat the Kim Jong-un regime poses to the continental United States and the international community, and escalated the standoff on the...
Legislation Limiting the President's Power to Use Nuclear Weapons: Separation of Powers Implications
The Independent Payment Advisory Board (IPAB): Frequently Asked Questions
This report responds to frequently asked questions about the Independent Payment Advisory Board (IPAB), including the board’s background, current status, controversial issues including legal challenges, and recent legislative efforts to repeal the IPAB.
For additional information, see CRS Report R41511, The Independent Payment Advisory Board, by Jim Hahn and Christopher M. Davis.
The adequacy of the U.S. science and engineering workforce has been an ongoing concern of Congress for more than 60 years. Scientists and engineers are widely believed to be essential to U.S. technological leadership, innovation, manufacturing, and services, and thus vital to U.S. economic strength, national defense, and other societal needs. Congress has enacted many programs to support the education and development of scientists and engineers. Congress has also undertaken broad efforts to improve science, technology, engineering, and math (STEM) skills to prepare a greater number of...
U.S. Liquefied Natural Gas (LNG) Exports: Prospects for the Caribbean
With the advent of shale gas, the United States has transformed from a growing importer of natural gas to a burgeoning exporter. Exports by pipeline and ship have grown in the last couple of years. Liquefied natural gas (LNG) exports in 2013 were about 13 billion cubic feet (bcf), while in 2016 that figure jumped to almost 184 bcf. This increase can mostly be attributed to the opening of the Sabine Pass Liquefaction facility in Louisiana in February 2016.
Despite the large volumes associated with the large-scale U.S. LNG export terminals, like Sabine Pass Liquefaction, there has also been...
The Fair Labor Standards Act (FLSA) is the primary federal statute providing labor standards for most, but not all, private and public sector employees. The FLSA standards require that “non-exempt” employees working excess hours in a workweek receive pay at the rate of one-and-a-half times their regular rate for hours worked over 40 hours. The requirements in the FLSA for overtime pay beyond this threshold refer to the “maximum hours,” but the FLSA does not actually limit the number of hours that may be worked. Instead, it establishes standards for the pay required for hours beyond 40...
The Federal Assets Sale and Transfer Act of 2016: Background and Key Provisions
Real property disposal is the process by which federal agencies identify and then transfer, donate, or sell real property they no longer need. Disposition is an important asset management function because the costs of maintaining unneeded properties can be substantial. Moreover, properties the government no longer needs may be used by state or local governments, nonprofits, or businesses to provide benefits to the public. Finally, the government loses potential revenue when it holds onto certain unneeded properties that might be sold for a profit.
Despite these drawbacks, federal agencies...
Presidential Appointments to Full-Time Positions in Executive Departments During the 114th Congress
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone, or with the advice and consent of the Senate. There are some 350 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 114th Congress for full-time positions in these 15 executive departments.
Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay...
Taiwan, which officially calls itself the Republic of China (ROC), is an island democracy of 23 million people located across the Taiwan Strait from mainland China. It is the United States’ tenth-largest trading partner. Since January 1, 1979, the U.S. relationship with Taiwan has been unofficial, a consequence of the Carter Administration’s decision to establish diplomatic relations with the People’s Republic of China (PRC) and break formal diplomatic ties with self-ruled Taiwan, over which the PRC claims sovereignty. The Taiwan Relations Act (TRA, P.L. 96-8; 22 U.S.C. 3301 et seq.),...
Renegotiating NAFTA and U.S. Textile Manufacturing
When the North American Free Trade Agreement (NAFTA) was negotiated more than two decades ago, textiles and apparel were among the industrial sectors most sensitive to the agreement’s terms. NAFTA, which was implemented on January 1, 1994, has encouraged the integration of textile and apparel production in the United States, Canada, and Mexico. For example, under NAFTA’s “yarn-forward” rule of origin, textiles and apparel benefit from tariff-free treatment in all three countries if the production of yarn, fabric, and apparel, with some exceptions, is done within North America.
The United...
Niger: Frequently Asked Questions About the October 2017 Attack on U.S. Soldiers
A deadly attack on U.S. soldiers in Niger and their local counterparts on October 4, 2017, has prompted many questions from Members of Congress about the incident. It has also highlighted a range of broader issues for Congress pertaining to oversight and authorization of U.S. military deployments, evolving U.S. global counterterrorism activities and strategy, interagency security assistance and cooperation efforts, and U.S. engagement with countries historically considered peripheral to core U.S. national security interests. This report provides background information in response to the...
GAO Issues Opinions on Applicability of Congressional Review Act to Two Guidance Documents
On October 19, 2017, the Government Accountability Office (GAO) released an opinion on the applicability of the Congressional Review Act (CRA) to a 2013 interagency guidance document on leveraged lending issued by the Office of the Comptroller of the Currency, the Federal Reserve Board of Governors, and the Federal Deposit Insurance Corporation. The opinion was issued in response to a letter written to GAO by Senator Pat Toomey. In the letter, Senator Toomey requested GAO’s opinion as to whether the interagency guidance falls within the definition of “rule” under the CRA. GAO’s opinion...
Doing Business with Iran: EU-Iran Trade and Investment Relations
With the easing of nuclear-related sanctions on Iran by the United States, European Union and United Nations under the Joint Comprehensive Plan of Action (JCPOA), signed on July 14, 2015, many foreign firms have begun to resume business with Iran. However, on October 13, 2017, President Trump announced he would not issue the certification that sanctions relief is “proportionate” to the measures taken by Iran to terminate its nuclear program. This decision has raised questions over the possible reimposition of U.S. economic sanctions. The EU, which views the JCPOA as a binding international...
Reconsidering the Clean Power Plan
On October 10, 2017, the U.S. Environmental Protection Agency (EPA) proposed to repeal the Clean Power Plan (CPP), an Obama Administration rule that would limit carbon dioxide (CO2) emissions from existing fossil-fuel-fired power plants. Because power plant CO2 emissions account for about 30% of total U.S. anthropogenic emissions of greenhouse gases (GHGs), the CPP has been seen as the most important U.S. regulation addressing climate change.
The CPP has not gone into effect: In February 2016, the U.S. Supreme Court stayed its implementation pending the completion of judicial review. Even...
Poverty in the United States in 2016: In Brief
In 2016, approximately 40.6 million people, or 12.7% of the population, had incomes that fell below the official definition of poverty in the United States. These statistics represented a noticeable drop from the previous year, both in the number of poor, which had been 43.1 million in 2015, and the poverty rate (the percentage that were in poverty), which fell from 13.5%. This was also the first year that the poverty rate was not statistically different from the rate in 2007, the last year before the most recent recession.
The poverty rate for female-householder families (26.6%) was...
Payments for Affordable Care Act (ACA) Cost-Sharing Reductions
Funding for the cost-sharing reduction (CSR) payments established under the Patient Protection and Affordable Care Act (ACA) has been the subject of hearings about the individual insurance market, numerous press articles, and analyses from actuaries to consultants. Insurers have warned that they may leave the market or raise premiums without a commitment to sustained funding.
On October 13, the Trump Administration filed a notice announcing it would terminate payments for CSRs beginning with the payment that was scheduled for October 18, potentially affecting 2017 and 2018 plan options...
Who Earns Pass-Through Business Income? An Analysis of Individual Tax Return Data
Pass-through businesses—sole proprietorships, partnerships, and S corporations—generate more than half of all business income in the United States. Pass-through income is, in general, taxed only once at the individual income tax rates when it is distributed to its owners. In contrast, the income of C corporations is taxed twice; once at the corporate level according to corporate tax rates, and then a second time at the individual tax rates when shareholders receive dividend payments or realize capital gains. This leads to the so-called “double taxation” of corporate profits.
This report...
Federal Lifeline Program: Frequently Asked Questions
The Federal Lifeline Program, established by the Federal Communications Commission (FCC) in 1985, is one of four programs supported under the Universal Service Fund. The Program was originally designed to assist eligible low-income households to subsidize the monthly service charges incurred for voice telephone usage and was limited to one fixed line per household. In 2005 the Program was modified to cover the choice between either a fixed line or a mobile/wireless option. Concern over the division between those who use and have access to broadband versus those who do not, known as the...
Asian Carp and the Great Lakes Region
Four species of nonindigenous Asian carp are expanding their range in U.S. waterways, resulting in a variety of concerns and problems. Three species—bighead, silver, and black carp—are of particular note, based on the perceived degree of environmental concern. Current controversy relates to what measures might be necessary and sufficient to prevent movement of Asian carp from the Mississippi River drainage into the Great Lakes through the Chicago Area Waterway System. Recent federal response and coordination measures direct actions to avoid the possibility of carp becoming established in...
Second Treasury Report on Regulatory Relief: Capital Markets
On October 6, 2017, the Department of the Treasury issued a report, A Financial System That Creates Economic Opportunities: Capital Markets, that primarily examines the regulation of debt, equity, commodities, and derivatives markets. The report is the second of a series written in accordance with Executive Order (E.O.) 13772, which was issued by the President on February 3, 2017.
The capital markets report provides 91 policy recommendations, the majority of which could be implemented by the primary regulators of U.S. capital markets: the Securities and Exchange Commission (SEC),...
Human Trafficking: New Global Estimates of Forced Labor and Modern Slavery
Introduction
As part of long-standing congressional interest in global human trafficking, some Members have consistently sought greater fidelity in quantifying human trafficking’s prevalence. In September, the International Labor Organization (ILO) and the advocacy organization Walk Free Foundation, in partnership with the International Organization of Migration (IOM), released a new report on the global prevalence of modern slavery (including forced marriage) and forced labor (including sex trafficking and government-imposed forced labor). The report estimated that 40.3 million people...
Department of Homeland Security Appropriations, FY2018: Current Action
The Senate Appropriations Committee is expected to mark up its version of the Department of Homeland Security (DHS) Appropriations Act, 2018 the week of October 23, 2017.
The House of Representatives passed its version of the act as Division E and Division M of H.R. 3354, a consolidated appropriations act that now contains all 12 annual appropriations bills. H.R. 3354 passed the House by a vote of 211-198 (Roll No. 528) on September 14, 2017. The appropriations usually included in the annual appropriations bill for DHS were split between the two divisions because of how those bills were...
Executive Order for Review of National Monuments: Background and Data
The Antiquities Act of 1906 (54 U.S.C. §§320301-320303) authorizes the President to proclaim national monuments on federal lands that contain “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” Monument proclamations typically seek to provide protections to federal lands and resources. The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” The act does not further specify the process to be used by Presidents in proclaiming monuments.
From 1906 to date,...
The Opioid Epidemic and Federal Efforts to Address It: Frequently Asked Questions
Over the last several years, there has been growing concern among the public and lawmakers in the United States about rising drug overdose deaths, which more than tripled from 1999 to 2014. In 2015, more than 52,000 people died from drug overdoses, and approximately 63% of those deaths involved an opioid.
Many federal agencies are involved in efforts to combat opioid abuse. The primary federal agency involved in drug enforcement, including diversion control efforts for prescription opioids, is the Drug Enforcement Administration (DEA). The primary agency supporting drug treatment and...
Iran Policy and the European Union
Policy Context
On October 13, 2017, President Trump announced a new U.S. strategy on Iran. He stated that, under the Iran Nuclear Agreement Review Act (INARA; P.L. 114-17), he would not be certifying that continued Iran sanctions relief is proportionate to the measures taken by Iran to terminate its illicit nuclear program. That and other INARA certification requirements are related to, but separate from, Iran’s nuclear obligations under the July 14, 2015, multilateral nuclear agreement (Joint Comprehensive Plan of Action, or JCPOA). The withholding of INARA certification does not...
USDA Export Market Development and Export Credit Programs: Selected Issues
Agricultural exports are important to both farmers and the U.S. economy. With the productivity of U.S. agriculture growing faster than domestic demand, farmers and agriculturally oriented firms rely heavily on export markets to sustain prices and revenue. The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) authorizes a number of programs to promote farm exports that are administered by the U.S. Department of Agriculture (USDA). There are two main types of agricultural trade and export promotion programs:
Export market development programs assist efforts to build, maintain, and...
Bangladesh and Bangladesh-U.S. Relations
Bangladesh (the former East Pakistan) is a Muslim-majority nation in South Asia, bordering India, Burma, and the Bay of Bengal. It is the world’s eighth most populous country with nearly 160 million people living in a land area about the size of Iowa. It is an economically poor nation, and it suffers from high levels of corruption. In recent years, its democratic system has faced an array of challenges, including political violence, weak governance, poverty, demographic and environmental strains, and Islamist militancy. The United States has a long-standing and supportive relationship with...
Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities
The U.S. Army Corps of Engineers (Corps) undertakes activities to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. The agency’s water resource projects can have significant local and regional economic benefits and environmental effects. Congress directs the Corps through authorizations; appropriations; and oversight of its studies, construction projects, and the ongoing operations of Corps infrastructure. This report summarizes congressional project authorization and annual appropriations processes for the Corps.
Authorizations. Congress...
U.S. Withdrawal from the United Nations Educational, Scientific and Cultural Organization (UNESCO)
On October 12, 2017, the State Department announced that the United States will withdraw from the U.N. Educational, Scientific, and Cultural Organization (UNESCO). The department stated that the decision “reflects U.S. concerns with mounting arrears ... the need for fundamental reform in the organization, and continuing anti-Israel bias of UNESCO.” The United States seeks to “remain engaged” as a nonmember observer. Generally, observers have participated in selected UNESCO meetings and activities but are not able to vote in some UNESCO bodies or hold leadership positions. Under the terms...
Gun Control: Silencers under the Hearing Protection Act (H.R. 3668)
Firearm silencers are currently regulated under the 1934 National Firearms Act (NFA) and the Gun Control Act of 1968 (GCA). Both statutes use the definition of a silencer/muffler included in the GCA. The Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the lead federal agency that administers those statutes.
The Hearing Protection Act (HPA) would remove firearm silencers from regulation under the NFA. Silencers would continue to be regulated under the GCA in a manner similar to the way long guns (rifles and shotguns) are regulated under this law. On...
DOE’s Grid Resiliency Pricing Rule
In U.S. regions with competitive electricity markets, the market price of wholesale electricity has fallen in recent years due to decreased demand, and the increased availability of relatively low-priced natural gas as a fuel. The relatively higher cost of operating and maintaining older, less efficient coal and nuclear plants in particular make it difficult for them to compete with lower cost, more efficient natural gas-fired power plants, or with renewable electricity generation with lower operating costs (and in some cases, tax credits and state mandates). These coal and nuclear power...
Government Assistance for AIG: Summary and Cost
American International Group (AIG), one of the world’s major insurers, was the largest recipient of government financial assistance during the 2007-2009 financial crisis. At the maximum, the Federal Reserve (Fed) and the Treasury committed approximately $182.3 billion in specific extraordinary assistance for AIG and another $15.2 billion through a more widely available lending facility. The amount actually disbursed to assist AIG reached a maximum of $141.8 billion in April 2009. In return, AIG paid interest and dividends on the funding and the U.S. Treasury ultimately received a 92%...
Status of Labor-HHS-Education Appropriations at the Start of FY2018
Congress has begun to consider the FY2018 Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This is the largest ($934 billion in FY2017) of the 12 annual appropriations bills when accounting for both mandatory and discretionary funding. Full-year FY2018 LHHS appropriations were not enacted before the start of the fiscal year (October 1), but a continuing resolution (P.L. 115-56; CR) has provided temporary LHHS funding through December 8.
Scope of the Bill
The LHHS bill provides annually appropriated budget authority for the...
Syria’s Chemical Weapons: Continuing Challenges
Since 2014, when the Organization for the Prohibition of Chemical Weapons (OPCW) announced completion of the destruction of Syria’s declared chemical weapons (CW), questions have persisted on the extent of Damascus’s undeclared CW and production capacity. International investigators have confirmed repeated chemical weapons attacks in Syria, including chlorine gas attacks attributed to the Asad regime, as well as an April 4, 2017, attack using sarin nerve agent.
In 2017, two air strikes were carried out against chemical weapons-related facilities in Syria: one by the United States on April...
The Army’s Warfighter Information Network-Tactical (WIN-T) Program
What Is WIN-T? The WIN-T program is the Army’s high-speed, high-capacity tactical communications network to distribute classified and unclassified information through all echelons of Army command by means of voice, data, and real-time video. WIN-T was being developed and fielded in three increments. WIN-T Increment 1 WIN-T Increment 1 is a stationary network for command posts and units at battalion-level and above. It provides a full range of at-the-halt data, voice, and video communications. The Army began fielding WIN-T Increment 1 in 2004 and completed fielding in 2012. WIN-T Increment...
Gun Control: “Bump-Fire” Stocks
Following the October 1, 2017, Las Vegas, NV, attack, there has been significant congressional interest in “bump-fire” stocks that can assist a person in firing a semiautomatic rifle repeatedly, sometimes at rates usually associated with fully automatic machineguns. It has been reported that the assailant in this attack had 12 semiautomatic rifles outfitted with “bump-fire” stocks. The terms “bump-fire” and “slide-fire” are often used interchangeably.
Under the Gun Control Act of 1968 (GCA), a semiautomatic rifle is defined as:
Any repeating rifle which utilizes a portion of the energy of...
Tanzania: Current Issues and U.S. Policy
Tanzania is an East African country comprising a union of Tanganyika, the mainland territory, and the semiautonomous Zanzibar archipelago. The United States has long considered Tanzania a partner in economic development and, increasingly, in regional security efforts. With nearly 54 million people, Tanzania is one of the largest countries in Africa by population and is endowed with substantial natural resource wealth and agricultural potential. Over the past decade, it has experienced robust economic growth based largely on favorably high gold prices and tourism; growth has averaged nearly...
Everglades Restoration: Federal Funding and Implementation Progress
The Everglades is a unique network of subtropical wetlands in South Florida that is approximately half of its historical size, due in part to degradation from federal water projects built by the U.S. Army Corps of Engineers (the Corps). In 2000, Congress authorized a plan, termed the Comprehensive Everglades Restoration Plan (CERP), as a comprehensive framework for the restoration of the Everglades ecosystem in southern Florida. When originally authorized, it was estimated that CERP would cost a total of $8.2 billion and take approximately 30 years to complete. More recent estimates...
DOE’s Office of Energy Efficiency and Renewable Energy (EERE): Appropriations Status
The U.S. Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) administers renewable energy and end-use energy efficiency technology programs in research, development, and implementation. EERE works with industry, academia, national laboratories, and others to support research and development (R&D). EERE also works with state and local governments to assist in technology implementation and deployment. EERE supports nearly a dozen offices and programs including vehicle technologies, solar energy, advanced manufacturing, and weatherization and...
Overview of Continuing Appropriations for FY2018 (P.L. 115-56)
This report provides an analysis of the continuing appropriations provisions for FY2018 in Division D of H.R. 601. The measure also included separate divisions that establish a program to provide foreign assistance concerning basic education (Division A—Reinforcing Education Accountability in Development Act), supplemental appropriations for disaster relief requirements for FY2017 (Division B), and a temporary suspension of the public debt limit (Division C). On September 8, 2017, the President signed H.R. 601 into law (P.L. 115-56).
Division D of H.R. 601 was termed a “continuing...
Electoral College Reform: Contemporary Issues for Congress
The electoral college method of electing the President and Vice President was established in Article II, Section 1 of the Constitution and revised by the Twelfth Amendment. It provides for election of the President and Vice President by electors, commonly referred to as the electoral college. A majority of 270 of the 538 electoral votes is necessary to win. For further information on the modern-day operation of the college system, see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.
The electoral college has been the...
U.S. Response to Injuries of U.S. Embassy Personnel in Havana, Cuba
On September 29, the U.S. Department of State ordered the departure of nonemergency personnel assigned to the U.S. Embassy in Havana, Cuba, as well as their families, in order to minimize the risk of their exposure to harm because of a series of unexplained injuries suffered by embassy personnel since November 2016. According to the State Department, 22 persons suffered from “attacks of unknown nature,” most recently in late August 2017, at U.S. diplomatic residences and hotels where temporary duty staff were staying, with symptoms including “ear complaints, hearing loss, dizziness,...
Comparing DHS Component Funding, FY2017: Fact Sheet
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. Table 1 and Figure 1 show DHS’s new discretionary budget authority enacted for FY2016 and requested by the Administration for FY2017, as well as the House and Senate committee-reported responses, broken down by component—from largest to smallest appropriations request.
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2017, FY2016 funding analysis
PILT (Payments in Lieu of Taxes): Somewhat Simplified
Under federal law, local governments (usually counties) are compensated through various programs for reductions to their property tax bases due to the presence of most federally owned land. Federal lands cannot be taxed but may create a demand for services such as fire protection, police cooperation, or longer roads to skirt the federal property. Some compensation programs are run by a specific agency and apply only to that agency’s land. This report addresses only the most widely applicable program, which is called Payments in Lieu of Taxes (PILT; 31 U.S.C. §§6901-6907) and is...
Attack on U.S. Soldiers in Niger: Context and Issues for Congress
On October 4, four members of U.S. Special Operations Forces were killed and two wounded in an attack in western Niger, an emerging hot spot of Islamist extremist activity. The Defense Department (DOD) stated in a briefing on October 5 that the U.S. servicemembers were “conducting an advise and assist mission” with local counterparts, several of whom were also killed. The identity of perpetrators has not been confirmed. The incident has highlighted evolving security threats in West Africa’s Sahel region, as well as the growing presence of U.S. military forces engaged in counterterrorism...
Department of Homeland Security Appropriations: FY2017
This report discusses the FY2017 appropriations for the Department of Homeland Security (DHS). Its primary focus is on funding approved by Congress through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for and additional details regarding specific component appropriations and issues engaged through the FY2016 appropriations process.
The Obama Administration requested $40.62 billion...
Federal Reserve: Background and Reappointment of Previous Chairs
Janet Yellen’s term as Federal Reserve (Fed) Chair expires February 3, 2018. Subject to Senate confirmation, President Trump may reappoint her or nominate another individual to replace her. This Insight reviews the reappointment and background of previous Fed Chairs.
The qualification requirements to serve in Fed leadership are general—statute requires the President to “have due regard to a fair representation of the financial, agricultural, industrial, and commercial interests, and geographical divisions of the country.” Yellen and her immediate predecessor, Ben Bernanke, had similar...
The Tax Treatment of Net Operating Losses: In Brief
Tax reform could result in any number of changes to current tax policy. One modification that could occur is the tax treatment of net operating losses (NOLs). An NOL is incurred when a business taxpayer has negative taxable income. A business has no tax liability in the year they incur a loss. Additionally, a loss can be “carried back” for a refund on taxes paid in the past two years or “carried forward” for up to 20 years to reduce future taxes. The intent of the NOL carryback and carryforward regime is to give taxpayers the ability to smooth out changes in business income, and therefore...
U.S. Farm Income Outlook for 2017
According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $63.4 billion in 2017, up 3% from last year. The forecast rise in 2017 net farm income comes after three consecutive years of decline from 2013’s record high of $123.8 billion. Net farm income is calculated on an accrual basis. Net cash income (calculated on a cash-flow basis) is also projected to be up in 2017 but by a larger share (12.6%), driven largely by sales from previous years’ inventory, to $100.4 billion.
The 2017 net farm income forecast is...
Preliminary Damage Assessments for Major Disasters: Overview, Analysis, and Policy Observations
When a major disaster overwhelms a state or tribal nation’s response capacity, the state’s governor or tribal nation’s chief executive may request a major disaster declaration from the federal government. The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes the President to issue major disaster declarations in response to such requests.
To evaluate a state or tribal nation’s need for federal assistance, the Federal Emergency Management Agency (FEMA) uses a Preliminary Damage Assessment (PDA) as a mechanism to determine the impact and magnitude of damage caused by...
Department of the Interior Secretarial Order 3356
On September 15, 2017, Department of the Interior (DOI) Secretary Ryan Zinke issued Secretarial Order (S.O.) 3356, “Hunting, Fishing, Recreational Shooting, and Wildlife Conservation Opportunities and Coordination with States, Tribes, and Territories.” S.O. 3356 directs bureaus and offices within DOI, in collaboration with states, tribes, and territorial partners, to implement programs to enhance hunting, fishing, and recreational shooting (HFRS) opportunities on DOI-managed lands and waters, while also promoting conservation activities. Reactions to S.O. 3356 have been mixed, with some...
Puerto Rico and Electric Power Restoration from Hurricane Maria
Hurricane Maria made landfall in Puerto Rico as a Category 4 storm with sustained wind speeds of 155 miles per hour on September 20, 2017. The hurricane also brought torrential rainfall with over 20 inches of rain resulting in widespread flooding across the island. Puerto Rico’s office of emergency management reported that the storm had incapacitated the central electric power system, leaving the entire island without power. Many wooden electric distribution poles have been knocked down, while some steel transmission system towers stand stripped of power lines. Recovery efforts from...
Kurds in Iraq Hold Controversial Referendum on Independence
The question of self-determination for the Kurds of Iraq and neighboring Syria, Turkey, and Iran has remained unresolved since the delineation of national borders in the Middle East in the wake of World War I. U.S. intervention in Iraq since the 1990s has contributed to the emergence and protection of autonomous political institutions in the Kurdistan Region of Iraq (KRI) and the development of the region’s economy and security forces. Today, the Kurdistan Regional Government (KRG) is recognized in Iraq’s constitution and exercises devolved and shared powers. Kurds and other Iraqis differ...
Transport Agencies Withdraw Proposed Sleep Apnea Rules
On August 8, 2017, the Federal Motor Carrier Safety Administration (FMCSA) and Federal Railroad Administration (FRA) withdrew a rulemaking effort that would have required some truck drivers and rail engineers to be screened for obstructive sleep apnea (OSA). The agencies stated that, while OSA remains a safety concern, “current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA.” Safety advocates question whether current efforts are adequate.
OSA is a safety concern for the federal Department of Transportation (DOT) because...
Economic Impact of Hurricanes Harvey and Irma
In recent weeks, multiple southern states and U.S. territories have experienced significant property damage and loss of life as a result of severe hurricanes, including Harvey, Irma, and Maria. This Insight will focus on the economic impact of Hurricanes Harvey and Irma, as the impact of Hurricane Maria is still unfolding in Puerto Rico. Hurricane Harvey first made landfall in Texas on August 25 as a category 4 storm, before stalling for a number of days above south and southeast Texas delivering torrential downpours. Hurricane Irma made landfall in the Florida Keys as a category 4 storm...
Commodity Futures Trading Commission: Proposed Reauthorization in the 115th Congress
The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most options, and swaps markets. The CFTC administers the Commodity Exchange Act (CEA; P.L. 74-765, 7 U.S.C. §§1 et seq.), enacted in 1936, to monitor trading in certain derivatives markets. The CFTC was last reauthorized in 2008 as part of the Food, Conservation, and Energy Act (P.L. 110-246), which included authorization of appropriations through FY2013. Although the underlying authority in the statute to administer programs does not have an explicit expiration, the authorization of appropriations only...
President Trump’s Proclamation on Enhanced Vetting of Foreign Nationals from Designated Countries
On September 24, 2017, President Donald Trump issued a presidential proclamation entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the proclamation) that suspends and/or restricts U.S. entry of foreign nationals from eight countries. The proclamation replaces aspects of Executive Order (E.O.) 13780 issued on March 6, 2017, and entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” portions of which federal courts had blocked. E.O. 13780 revoked and...
FY2017 Appropriations for the Census Bureau and Bureau of Economic Analysis
This report discusses FY2017 appropriations (discretionary budget authority) for the Bureau of Economic Analysis (BEA) and Bureau of the Census (Census Bureau), which make up the Economics and Statistics Administration (ESA) in the U.S. Department of Commerce. The report will not be updated.
The Administration’s FY2017 budget request for ESA (except the Census Bureau, whose budget justification is published separately from ESA’s) was $114.6 million, $5.6 million (5.2%) above the $109.0 million FY2016-enacted funding level. Of the $114.6 million, the $110.7 million requested for BEA...
DHS Appropriations FY2017: Protection, Preparedness, Response, and Recovery
This report is part of a suite of reports that address appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the third title of the homeland security appropriations bill—the National Protection and Programs Directorate, the Office of Health Affairs, and the Federal Emergency Management Agency. Collectively, Congress has labeled these components in recent years as “Protection, Preparedness, Response, and Recovery.”
The report provides an overview of the Obama Administration’s FY2017 request for...
The Equifax Data Breach: An Overview and Issues for Congress
According to Equifax, cybercriminals exploited a vulnerability in one of its online applications between mid-May and July 2017, potentially revealing information for 143 million U.S. consumers. Equifax stated that “the information accessed primarily includes names, Social Security numbers, birth date, addresses, and, in some cases, driver’s license numbers. In addition, credit card numbers for approximately 209,000 U.S. consumers, and certain dispute documents with personal identifying information for approximately 182,000 U.S. consumers, were accessed.” Much of the information that...
Recent Developments in U.S. Aid to Egypt
Overview
In recent months, the Trump Administration and Congress have taken various steps toward reducing U.S. foreign military and economic assistance to Egypt. Although lawmakers have debated the merits of U.S. foreign aid to Egypt for years, executive and legislative branch action may be tied to specific U.S. concern over Egypt’s new legal restrictions on non-governmental organizations (NGOs) and its reported ties to the Democratic People’s Republic of Korea (DPRK, or North Korea). For more, see CRS Report RL33003, Egypt: Background and U.S. Relations.
Congressional Concern over...
Waivers of Jones Act Shipping Requirements
On September 28, the Trump Administration issued a temporary waiver of the Jones Act (§27 of the Merchant Marine Act of 1920) to facilitate response to the severe damage caused by Hurricane Maria in Puerto Rico. In recent weeks, the Administration issued similar waivers affecting Texas and Louisiana, following Hurricane Harvey, and affecting Florida, following Hurricane Irma. This CRS Insight is intended to clarify the process and requirements for obtaining waivers of this law.
The Jones Act requires that vessels transporting goods or passengers between U.S. points be built in the United...
Hurricanes Irma and Maria: Impact on Caribbean Countries and Foreign Territories
In addition to causing massive destruction to the U.S. territories of Puerto Rico and the U.S. Virgin Islands in the Caribbean, Hurricanes Irma and Maria severely affected several Caribbean countries and foreign territories. Between September 5 and 9, 2017, Hurricane Irma caused widespread damage to Barbuda, part of the independent country of Antigua and Barbuda; the island of St. Martin/St. Maarten, split between French and Dutch rule (St. Martin is a French overseas collectivity while St. Maarten is an autonomous country within the Kingdom of the Netherlands); several southeastern and...
Amtrak is the nation’s primary provider of intercity passenger rail service. It was created by Congress in 1970 to preserve some level of intercity passenger rail service while enabling private rail companies to exit the money-losing passenger rail business. It is a quasi-governmental entity, a corporation whose stock is almost entirely owned by the federal government. It runs a deficit each year, and relies on congressional appropriations to continue operations. Amtrak was last authorized in the Passenger Rail Reform and Investment Act of 2015 (Title XI of the Fixing America’s Surface...
Pre-Merger Review and Challenges Under the Clayton Act and the Federal Trade Commission Act
Preserving competition is an overarching purpose of federal laws governing business mergers. Though other federal laws, including the Sherman Act, seek to address anticompetitive behavior relating to monopolization, two federal statutes, in particular, address harms that may result from proposed mergers. Section 7 of the Clayton Act prohibits mergers “in any line of commerce or in any activity affecting commerce” that may substantially lessen competition or tend to create a monopoly. Section 5 of the Federal Trade Commission Act (FTC Act) prohibits unfair methods of competition, which...
Overview of the Federal Government’s Power to Exclude Aliens
The Supreme Court has determined that inherent principles of sovereignty give Congress “plenary power” to regulate immigration. The core of this power—the part that has proven most impervious to judicial review—is the authority to determine which aliens may enter the country and under what conditions. The Court has determined that the executive branch, by extension, has broad authority to enforce laws concerning alien entry mostly free from judicial oversight. Two principles frame the scope of the political branches’ power to exclude aliens. First, nonresident aliens abroad cannot...
Pesticide Registration Fees: Reauthorization and Proposed Amendments
The U.S. Environmental Protection Agency’s (EPA’s) capacity to evaluate pesticide registrations within statutory time frames is generally dependent on sufficient resources and requisite scientific information to inform evaluations. Pursuant to the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3, P.L. 112-177), Congress reauthorized EPA to collect two categories of fees to support the agency’s pesticide regulatory program and related activities through September 30, 2017. The Continuing Appropriations Act, 2018, and Supplemental Appropriations for Disaster Relief...
2017 Hurricanes and Army Corps of Engineers: Background for Flood Response and Recovery
In addition to damage from high winds, hurricanes can produce damaging storm surge and flooding from rainfall. This Insight summarizes flood-management activities of the U.S. Army Corps of Engineers (USACE, or Corps) related to Hurricanes Harvey, Irma, and Maria. USACE has three roles relevant to hurricanes: emergency responder with flood-fighting and post-disaster recovery, owner and operator of flood-risk-reduction projects, and provider of assistance to repair certain nonfederal flood-control infrastructure. Congress may have interest in these roles as it responds to...
Privatization and the Constitution: Selected Legal Issues
Privatization is a broad term that encompasses various types of public-private arrangements, including contractual relationships with private entities for goods or services and government-funded voucher programs that allow individuals to purchase private goods or services. In other contexts, Congress has empowered private entities or chartered corporations to deliver services previously provided by governmental entities or to advance legislative objectives. Congress has created various corporations, including Amtrak and the Communications Satellite Corporation. More recently, in the 114th...
Itemized Tax Deductions for Individuals: Data Analysis
Reforming or limiting itemized tax deductions for individuals has gained the interest of policymakers as one way to increase federal tax revenue, increase the share of taxes paid by higher-income tax filers, simplify the tax code, or reduce incentives that might lead to inefficient economic behavior. However, limits on deductions could cause adverse economic effects or changes in the distributional burden of the federal income tax code. This report is intended to identify who claims itemized deductions, for how much, and for which provisions.
This report analyzes data to inform the policy...
Patent Law: A Primer and Overview of Emerging Issues
In an increase over prior terms, the Supreme Court of the United States issued six opinions involving patent law during its October 2016 Term. These decisions addressed issues ranging from patent exhaustion, multicomponent products, and biosimilar patents to procedural issues like venue and the statute of limitations for infringement claims. The growing number of Supreme Court opinions involving patent law over the past decade may also speak to the rising importance of intellectual property more broadly; a reported 84% of the S&P 500 Market Value in 2015 is ascribed to intangible assets....
FDA Reauthorization Act of 2017 (FDARA, P.L. 115-52)
Food and Drug Administration (FDA) review of medical products (human drugs and devices) is funded through a combination of annual discretionary appropriations from Congress (budget authority) and user fees collected from industry. The human medical product user fee programs require reauthorization every five years to continue uninterrupted. Prior to the passage of the Food and Drug Administration Reauthorization Act of 2017 (FDARA, P.L. 115-52), these programs were set to expire on September 30, 2017. The reauthorization legislation typically includes additional provisions related to FDA,...
Hurricanes and Electricity Infrastructure Hardening
This Insight discusses the measures undertaken by electric utilities to prevent or mitigate power outages resulting from severe weather events. Power lines and transformers used to provide electricity to customers are particularly susceptible to damage due to their exposure to the elements. (See CRS Report R42696, Weather-Related Power Outages and Electric System Resiliency.) The loss of life and extensive damage seen so far in the 2017 hurricane season has refocused the attention of Congress on the destructive potential of such storms. High winds, rain, and coastal surges can combine to...
Normalization of the Federal Reserve’s Balance Sheet
This Insight answers questions about the Federal Reserve’s (Fed’s) September 20 announcement that it would begin to normalize its balance sheet in October by gradually reducing its asset holdings.
How Did the Balance Sheet Get So Large?
During the 2008 financial crisis, the Fed increased its balance sheet. Initially, the increase mainly took the form of emergency assistance to provide liquidity to financial firms. As that assistance was repaid, balance sheet growth shifted to large-scale purchases of Treasury securities and mortgage-backed securities (MBS), popularly known as “quantitative...
Mandatory Arbitration and the Federal Arbitration Act
Arbitration is a method of legal dispute resolution in which a neutral, private third party, rather than a judge or jury, renders a decision on a particular matter. Under a growing number of consumer and employment agreements, companies have come to require arbitration to resolve disputes. While arbitration is often viewed as an expeditious and economical alternative to litigation, consumer advocates and others contend that mandatory arbitration agreements create one-sided arrangements that deny consumers and employees advantages afforded by a judicial proceeding.
The Federal Arbitration...
Supreme Court October Term 2017: A Preview of Select Cases
On October 2, 2017, the Supreme Court is to begin its new term. While the Court issued a number of notable decisions during its last full term, Court watchers have largely agreed that, at least compared to recent terms, the Court’s October 2016 term was diminished both with regard to volume and content. With the Court already accepting over 30 cases for its next term, many of which raise deep and difficult questions in various areas of law, the October 2017 Supreme Court term could be considerably different. The next Court term has the potential to be one of the most consequential in...
Department of Veterans Affairs FY2017 Appropriations
The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans and eligible dependents who meet certain criteria as authorized by law. These benefits include medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance as well as traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses.
The President’s FY2017 budget request for the VA was submitted to Congress on February 9,...
Field Hearings: Fact Sheet on Purposes, Rules, Regulations, and Guidelines
Field hearings are congressional hearings held outside Washington, DC. They date at least to the Civil War, when committees sometimes traveled to the front lines to observe conditions and war preparedness.
Chancellor Angela Merkel is seeking a fourth term in Germany’s parliamentary election scheduled for September 24, 2017. Merkel has led Europe’s largest and most prosperous country for 12 years and is widely viewed as the most influential political leader in Europe. Opinion polls suggest she will be reelected comfortably.
Merkel’s campaign has stressed the value of continuity and predictability during a time of flux in Europe and beyond. While presiding over a period of economic prosperity in Germany, Merkel has been confronted with crises such as significant migration and refugee flows,...
EPA’s Role in Emergency Planning and Notification at Chemical Facilities
Chemicals and the facilities that manufacture, store, distribute, and use them are essential to the U.S. economy. However, incidents occasioned by natural disasters, unintentional events, or security threats show that the handling and storage of chemicals are not without risk. Federal agencies implement a number of programs to help prevent chemical facility accidents, reduce risks of terrorist attacks on chemical facilities, protect chemical facility workers, collect and share relevant information with the public and decisionmakers, and prepare communities and local, tribal, and state...
The Financial CHOICE Act in the 115th Congress: Selected Policy Issues
The Financial CHOICE Act (FCA; H.R. 10) was introduced on April 26, 2017, by Representative Jeb Hensarling, chairman of the House Committee on Financial Services. It passed the House on June 8, 2017. Selected provisions of H.R. 10 were then added to the appropriations bill passed by the House (H.R. 3354).
H.R. 10, as passed, is a wide-ranging proposal with 12 titles that would alter many parts of the financial regulatory system. Much of the FCA is in response to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act; P.L. 111-203), a broad package of regulatory...
Implementation Date Nears for HHS Emergency Preparedness (EP) Rule
On November 16, 2017, many U.S. health care entities will be expected to fully comply with new federal emergency preparedness requirements. Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers (the “EP Rule”), issued by the Centers for Medicare & Medicaid Services (CMS), became effective November 16, 2016.
In the 2013 proposed rule, CMS said it had concluded that “the current regulatory patchwork of federal, state, and local laws and guidelines, combined with the various accrediting organization emergency preparedness standards, falls far...
The 115th Congress has expressed interest in monitoring the use of special envoys, representatives, and coordinator positions by the Department of State, as well as any changes to their status. Special, temporary diplomatic appointments originated during the presidency of George Washington, and the number of special representatives has expanded and contracted since then. Tabulating the precise number of these positions is difficult, however, because some special positions have fallen into disuse over time and were never officially eliminated.
Administration Action on Special Positions
It...
Supreme Court October Term 2016: A Review of Select Major Rulings
The Supreme Court term that began on October 3, 2016, was notably different from recent terms at the High Court. It was the first term (1) in thirty years to begin without Justice Antonin Scalia on the Court; (2) since 1987 to commence with a Court made up of fewer than nine active Justices; and (3) since 2010 in which a new member (Justice Neil Gorsuch) joined the High Court. Court observers have suggested that the lack of a fully staffed Supreme Court for the bulk of the last term likely had an impact on the Court’s work both with regard to the volume of cases that the Court heard and...
Regulatory Exclusivity Reform in the 115th Congress
Regulatory exclusivities provide incentives for pharmaceutical innovation in the United States. Overseen by the Food and Drug Administration (FDA), regulatory exclusivities are alternatively known as marketing exclusivities, data exclusivities, or data protection. Each of the distinct regulatory exclusivities establishes a period of time during which the FDA affords an approved drug protection from competing applications for marketing approval.
Between them, the Federal Food, Drug, and Cosmetic Act, P.L. 75-717 (as amended), and the Public Health Service Act, P. L. 78-410 (as amended),...
Redeploying U.S. Nuclear Weapons to South Korea: Background and Implications in Brief
Recent advances in North Korea’s nuclear and missile programs have led to discussions, both within South Korea and, reportedly, between the United States and South Korean officials, about the possible redeployment of U.S. nuclear weapons on the Korean Peninsula. The United States deployed nuclear weapons on the Korean Peninsula between 1958 and 1991. Although it removed the weapons as a part of a post-Cold War change in its nuclear posture, the United States remains committed to defending South Korea under the 1953 Mutual Defense Treaty and to employing nuclear weapons, if necessary, in...
Congressional Considerations Related to Hurricanes Harvey and Irma
This Insight provides a short overview of issues Congress may consider in relation to Hurricanes Harvey and Irma. It is not intended to provide up-to-date information on unfolding events. For storm-related updates and the current status of response efforts, see official government sources (e.g., Federal Emergency Management Agency (FEMA) and National Weather Service), congressional advisories from government sources, and/or news media. For additional support, please contact available CRS experts in disaster-related issue areas.
Federal Declarations and Response
As of September 14, in...
Federal Employees: Human Resources Management Flexibilities for Emergency Situations
Federal executive branch departments and agencies have available to them various human resources management flexibilities for emergency situations involving severe weather, natural disaster, and other circumstances. At various times, the Office of Personnel Management issued guidance on these flexibilities, which supplements the basic policies governing staffing, compensation, leave sharing, and telework in Title 5 of the United States Code and Title 5 of the Code of Federal Regulations. Some examples of when issuances have occurred include following the September 11, 2001, terrorist...
Resolutions Censuring the President: History and Context, 1st-114th Congresses
Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or government official. Censure against a sitting Member involves a formal process that is sanctioned by the Constitution (Article 1, Section 5). Non-Member censure, however, is not an enforceable action and has no uniform language. Instead, non-Member censure resolutions may use a variety of terms to highlight conduct deemed by the House or Senate to be inappropriate or unauthorized.
Since 1800, the House and Senate have introduced numerous resolutions to censure or...
Unauthorized Childhood Arrivals: Legislative Options
In 2012, the Department of Homeland Security (DHS) began granting deferred action through the Deferred Action for Childhood Arrivals (DACA) program to certain individuals without lawful immigration status who had arrived in the United States as children and met other requirements. The requirements included initial entry into the United States before age 16, continuous U.S. residence since June 15, 2007, and being under age 31 as of June 15, 2012. Deferred action provides protection against removal from the United States. Individuals granted deferred action also may receive work...
Congressional Consideration of Resolutions to “Censure” Executive Branch Officials
Over the history of the federal Congress, Members have proposed resolutions to formally express the House or Senate’s censure, disapproval, loss of confidence, or condemnation of the President or other executive branch official or their actions. This Insight summarizes the parliamentary procedures the House and Senate might use to consider a resolution to censure or condemn an executive branch official and provides links to additional reading material on the subject.
Two Types of “Censure” Resolutions
An important distinction should be made between two types of “censure” resolutions: (1)...
Due Process Limits on the Jurisdiction of Courts: Issues for Congress
Businesses that are incorporated in foreign countries and conduct a large portion of their operations outside of the territorial jurisdiction of the United States may nevertheless cause injury to U.S. persons. For example, a foreign company might manufacture in its home country a machine that another company later distributes in the United States, ultimately resulting in an injury to a U.S. consumer. Although foreign companies may engage in actions or omissions that injure U.S. persons, such injured persons may face various procedural challenges in obtaining judicial relief from a foreign...
The OCS Royalty Rate: Statutory Requirements and General Guidance
Background
The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1337; P.L. 83-212) authorizes the Secretary of the Interior to establish a royalty rate as part of the process for leasing acreage for oil and gas developments in federal waters. “The Secretary of the Interior shall establish royalties, fees, rentals, bonuses, and other payments to ensure a fair return to the United States for any lease....” Further, OCSLA requires a cash bonus bid with a royalty set at not less than 12.5% in amount or value of production (43 U.S.C. 1337 (a)(1)(A)) (For details on product valuation, see 30...
Nuclear Talks with North Korea?
The accelerated pace of North Korea’s nuclear and missile testing, and continued threats against the United States and its allies have raised questions over the usefulness, timing, scope, and goals of any diplomatic talks with Pyongyang. An aggressive negotiation strategy is one of many options available to the United States. The Trump Administration has stated that its approach of “maximum pressure”—through strengthened United Nations sanctions, increased economic pressure, and ramped up military cooperation with allies—is aimed at convincing Pyongyang “to de-escalate and return to the...
Chemical, Hazardous Substances, and Petroleum Spills: CRS Experts
Hurricane Harvey Irma Jose Katia Katrina flooding storm surge water tropical storms weather climate change sewage treatment overflow tropical storm cyclone A recent spill from a storage tank of 4-methyl cyclohexane methanol from Freedom Industries into the Elk River near Charleston, West Virginia in early January 2014 has raised questions about the adequacy of spill response and chemical safety. Thousands of oil and chemical spills of varying size occur in the United States each year. State and local officials located in proximity to these incidents generally are the first responders and...
CRISPR Gene Editing Research in Embryos Generates Scientific and Ethics Debate
A recent experiment in the United States using the gene modification tool CRISPR to target a disease gene in human embryos has raised optimism about promising medical advances, generated scientific debate, and renewed debate about long-standing ethical issues.
Since 1996, Congress has prohibited the use of funds appropriated in the Labor-HHS-Education appropriations bill for “the creation of a human embryo or embryos for research purposes” or for “research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that...
Executive Branch Legislative Proposals Affecting Veterans Benefits in the FY2018 Budget
The FY2018 Budget for the Department of Veterans Affairs (VA) contains two legislative proposals which, if enacted, would affect disability and other types of cash benefits payable by the VA to certain veterans. These proposals would affect both current and future beneficiaries. The proposal to restrict eligibility for Individual Unemployability (IU) would reduce the monthly benefits of affected veterans and the proposed changed to the calculation of the Cost of Living Adjustment (COLA) would reduce the annual growth in benefits. Savings from both proposals would be used to partially...
In his opening comments to the 2017 U.S. Air Force Posture Hearing before the Senate Armed Services Committee, Chairman John McCain stated, “The force is short 1,500 pilots.... This is a full-blown crisis, and if left unresolved, it will call into question the Air Force’s ability to accomplish its mission.” According to current Air Force statistics, the service is 1,947 pilots short of its authorized strength. The shortage is most acute among fighter pilots: the Air Force predicts it will be 1,055 fighter pilots short of 3,781 authorized by the end of FY2017, following a deficiency of 873...
Labor, Health and Human Services, and Education: FY2017 Appropriations
This report provides an overview of actions taken by Congress and the President to provide FY2017 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill provides funding for all accounts funded through the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Patentable Subject Matter Reform
The term “patentable subject matter” refers to the requirement of Section 101 of the Patent Act of 1952 that an invention must consist of a “process, machine, manufacture, or composition of matter” in order to be patented. The Leahy-Smith America Invents Act (AIA) of 2011, P.L. 112-29, additionally stipulated that “no patent may issue on a claim directed to or encompassing a human organism.” The AIA also limited the availability of patents claiming tax avoidance strategies.
The courts and the U.S. Patent and Trademark Office (USPTO) have generally construed the language of Section 101...
Federal Agricultural Recovery Resources for Hurricane-Related Losses
Following the destruction of Hurricane Harvey, which hit the Texas coast on August 25, 2017, many in the agriculture industry are facing large-scale production losses as well as extensive damage to land and facilities. Hurricane Irma now poses a similar threat to Florida, other southeastern states, and several U.S. territories. Crops such as rice, cotton, soybeans, and cattle appear to be among the hardest hit areas of agricultural production from Hurricane Harvey. However, to date no official loss estimates have been released. Sugar, citrus, cotton, specialty crops, and livestock are just...
Recess Appointments Made by President Barack Obama
Under the Constitution, the President and the Senate share the power to make appointments to high-level politically appointed positions in the federal government. The Constitution also empowers the President unilaterally to make a temporary appointment to such a position if it is vacant and the Senate is in recess. Such an appointment, termed a recess appointment, expires at the end of the following session of the Senate. This report identifies recess appointments by President Barack Obama. The report discusses these appointments in the context of recess appointment authorities and...
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) policy, an Obama Administration initiative, was being rescinded. A related memorandum released by the Department of Homeland Security (DHS) that same day rescinded the 2012 memorandum that established DACA and described how DHS would “execute a wind-down of the program.” According to the September 2017 memorandum, DHS will continue to adjudicate certain DACA requests and will not terminate previously issued grants of deferred action or employment authorization “solely based...
Disaster Debris Management: Requirements, Challenges, and Federal Agency Roles
Every year, communities in the United States are affected by disasters such as hurricanes, earthquakes, tornadoes, volcanoes, floods, wildfires, and winter storms. After a disaster, when a region turns its attention to rebuilding, one of the greatest challenges often involves properly managing disaster-related debris.
Disaster debris typically includes soils and sediments, vegetation (trees, limbs, shrubs), municipal solid waste (common household garbage, personal belongings), construction and demolition debris (in some instances, entire residential structures and all their contents),...
U.S.-UK Free Trade Agreement: Prospects and Issues for Congress
Prospects for a bilateral free trade agreement (FTA) between the United States and the United Kingdom (UK) are of increasing interest for both sides. In a national referendum held on June 23, 2016, a majority of British voters supported the UK exiting the European Union (EU), a process known as “Brexit.” The Brexit referendum has prompted calls from some Members of Congress and the Trump Administration to launch U.S.-UK FTA negotiations, though other Members have moderated their support with calls to ensure that such negotiations do not constrain the promotion of broader transatlantic...
New Financial Sanctions on Venezuela: Key Issues
Venezuela continues to be in the throes of a deep political crisis under the authoritarian rule of President Nicolás Maduro. While the United States has employed various sanctions as a policy tool in response to concerns about the activities of the Venezuelan government and Venezuelan individuals for more than a decade, sanctions have been ratcheted up in recent months as the political situation has deteriorated.
After a controversial election of a National Constituent Assembly on July 30, 2017, the Trump Administration weighed a range of possible new sanctions to increase pressure on the...
In the aftermath of a major disaster, communities may need to rebuild, replace, or possibly even relocate a multitude of structures. When recovery activities take place on such a potentially large scale, compliance with any of a number of local, state, and federal laws or regulations may apply. For example, when federal funding is provided for disaster-related activities, the agency providing those funds is generally required to identify and consider the environmental impacts of the proposed activities in accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. §4321...
House Rules Manual: Summary of Contents
The House Rules and Manual, officially titled Constitution, Jefferson’s Manual and Rules of the House of Representatives, contains the fundamental source material describing procedures in the House of Representatives. The Manual includes the Constitution of the United States, selected provisions of Jefferson’s Manual, rules of the House, provisions of law and resolutions enacted or adopted under the rule-making authority of the House, and pertinent decisions of the Speaker and chairmen of the Committee of the Whole interpreting the rules and procedural authority used in the House, often...
Hurricane Harvey and the Oil Industry
Hurricane Harvey has had a significant impact on oil industry infrastructure, and, therefore, the ability of the industry to supply petroleum products to the national and world markets at stable prices. All stages of the oil/petroleum product distribution chain, including production fields, refineries, pipelines, and harbors and ship terminals, have been affected. Over the next several days, damage assessments will continue and estimates of when normal operations will commence will become available. Hurricane Harvey has demonstrated the interconnectedness of the industry and how the...
Title X (Public Health Service Act) Family Planning Program
The federal government provides grants for family planning services through the Family Planning Program, Title X of the Public Health Service Act (42 U.S.C. §§300 to 300a-6). Enacted in 1970, it is the only domestic federal program devoted solely to family planning and related preventive health services. In 2015, Title X-funded clinics served 4.0 million clients.
Title X is administered through the Office of Population Affairs (OPA) in the Department of Health and Human Services (HHS). Although the authorization of appropriations for Title X ended with FY1985, funding for the program has...
Congressional Action on the FY2013 Disaster Supplemental
On January 29, 2013, the Disaster Relief Appropriations Act, 2013, a $50.5 billion package of disaster assistance largely focused on responding to Hurricane Sandy, was enacted as P.L. 113-2.
In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and major disaster declarations for 12 states plus the District of Columbia. The Obama Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and...
House Standing Committee Chairs and Ranking Minority Members: Rules Governing Selection Procedures
House rules, Republican Conference rules, and Democratic Caucus rules each detail aspects of the procedures followed in selecting standing committee chairs and ranking minority members. The Republican Steering Committee and the Democratic Steering and Policy Committee are constituted during the early organization meetings traditionally held in November and December to determine most committee chairs and ranking minority members and to make committee assignments for most committees. Their recommendations are then forwarded to the full Republican Conference and Democratic Caucus for...
Following a major disaster declaration, the Federal Emergency Management Agency (FEMA) may provide three principal forms of assistance. These include Public Assistance, which addresses repairs to a community and states’ or tribe’s infrastructure; Mitigation Assistance which provides funding for projects a state or tribe submits to reduce the threat of future damage; and Individual Assistance (IA) which provides help to individuals and families.
IA can include several programs, depending on whether the governor of the affected state or the tribal leader has requested that specific help....
Paraguay is a South American country wedged between Bolivia, Argentina, and Brazil. It is about the size of California but has a population of less than 7 million. The country is known for its rather homogenous culture—a mix of Latin and Guarani influences, with 90% of the population speaking Guarani, a pre-Columbian language, in addition to Spanish. The Paraguayan economy is one of the most agriculturally dependent in the hemisphere and is largely shaped by the country’s production of cattle, soybeans, and other crops. In 2016, Paraguay grew by 4.1%; it is projected to sustain about 4.3%...
The HUD Homeless Assistance Grants: Programs Authorized by the HEARTH Act
The Homeless Assistance Grants, administered by the Department of Housing and Urban Development (HUD), were first authorized by Congress in 1987 as part of the McKinney-Vento Homeless Assistance Act (P.L. 100-77). Since their creation, the grants have been composed of three or four separate programs, though for the majority of their existence, between 1992 and 2012, the grant programs were unchanged. During this time period, there were four programs authorized and funded by Congress: the Emergency Shelter Grants (ESG), the Supportive Housing Program (SHP), the Shelter Plus Care (S+C)...
Transgender Servicemembers: Policy Shifts and Considerations for Congress
A series of Twitter posts on July 26, 2017, by President Donald J. Trump indicated a planned shift in Department of Defense (DOD) policy on service in the Armed Forces by transgender individuals. A Presidential Memorandum to the Secretaries of Defense and the Homeland Security (as parent agency to the U.S. Coast Guard) followed on August 25, 2017, outlining the new policy parameters with respect to uniformed DOD and Coast Guard personnel.
Background: Policy Evolution
Prior to 2016, DOD policy treated the physical and psychological aspects of transgender conditions as (1) grounds for the...
Judiciary Appropriations, FY2018
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) appropriations bill. The bill provides funding for the Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S. Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2018 budget request of $7.86 billion, including $7.23...
Statistics on Livestock Grazing on Federal Lands: FY2002 to FY2016
Livestock grazing on federal lands primarily occurs on lands of the Bureau of Land Management (BLM, in the Department of the Interior) and the Forest Service (FS, in the Department of Agriculture). Both agencies manage lands under sustained-yield and multiple-use principles, with livestock grazing among generally authorized uses. Congress continues to be interested in the extent to which BLM and FS lands are protected and used for a variety of activities, including livestock grazing. This report provides data on the extent of livestock grazing in recent years to assist with congressional...
Cybersecurity for Energy Delivery Systems: DOE Programs
While physical threats to the U.S. power grid and pipelines have long worried policymakers, cyber threats to the computer systems that operate this critical infrastructure are an increasing concern. Cybersecurity risks against the power and pipeline sectors are similar, as both use similar control systems, and there appears to be a broad consensus that cyber threats to this infrastructure are on the rise. Furthermore, with ever-greater physical interdependency between electricity generators and the natural gas pipelines that supply their fuel, many in Congress recognize that grid and...
Maternal and Child Health Services Block Grant: Background and Funding
The Maternal and Child Health (MCH) Services Block Grant is a federal-state partnership program that aims to improve the health of low-income pregnant women, mothers, and children. In addition, the program aims to connect low-income families with other services and programs, such as Medicaid and the State Children’s Health Insurance Program (CHIP). This federal-state partnership is composed of three programs. First, formula-based block grants are provided to states and territories (collectively referred to as states in this report). Second, competitive grants are available through the...
Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications for Congress
The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes the President to issue declarations that provide states, tribes, and localities with a range of federal assistance in response to natural and man-made incidents. Since 1953 the frequency of declarations has increased. For example, the average number of major disaster declarations issued from 1960 to 1969 was roughly 18.6 per year. In contrast, the average number of major disaster declarations issued from 2000 to 2009 was 57.1 per year. The highest number was declared in 2011, with 97 major disaster...
Allowances and Office Staff for Former Presidents, FY2016-FY2018 Appropriations
Introduction
The Former Presidents Act (FPA), enacted on August 25, 1958 (3 U.S.C. §102 note), “was designed to maintain the dignity’ of the office of the President by providing former Presidents—and their spouses—a pension and other benefits to help them respond to post-presidency mail and speaking requests, among other informal public duties often required.” (See CRS Report RL34631, Former Presidents: Pensions, Office Allowances, and Other Federal Benefits.) The General Services Administration (GSA) administers the law. Five former Presidents receive pensions and benefits under the FPA:...
The Arab League, an umbrella organization comprising 22 Middle Eastern and African countries and entities, has maintained an official boycott of Israeli companies and Israeli-made goods since the founding of Israel in 1948. The boycott is administered by the Damascus-based Central Boycott Office, a specialized bureau of the Arab League.
The boycott has three tiers. The primary boycott prohibits citizens of an Arab League member from buying from, selling to, or entering into a business contract with either the Israeli government or an Israeli citizen. The secondary boycott extends the...
Hurricanes and Gasoline Prices
The Gulf of Mexico, especially the coastlines of Texas and Louisiana, have borne the brunt of many of the most severe hurricanes to hit the United States in recent years. The high winds, heavy rains, and storm surges that constitute a hurricane have resulted in loss of life, flooding, property damage, and economic disruption. In addition, this area includes important oil industry resources including offshore production facilities, refineries, and transportation infrastructure including import and export shipping facilities and pipelines.
Hurricanes Ike, which made landfall in Texas on...
Infrastructure: Green Building Overview and Issues
Buildings, whether residential, commercial, government, or special-use, are core components of the nation’s infrastructure. Their construction, operation, and demolition are increasingly recognized as major sources of environmental impact. Without significant transformation of building construction and operations, that impact is expected to increase with population growth and changes in other demographic and economic factors. One strategy for achieving that transformation is most widely known by the term green building. However, the term is used differently by various proponents and...
The Electoral College: Reform Proposals in the 114th and 115th Congress
American voters elect the President and Vice President of the United States indirectly, through presidential electors chosen by voters in the states—the electoral college. For further information see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections. Article II, Section 1 of the U.S. Constitution, as revised by the 12th Amendment in 1804, requires winning candidates for President and Vice President to gain a majority of electoral votes. Since 1804, Presidents who won a majority of electoral votes and at least a plurality of popular votes were...
DHS Appropriations FY2017: Departmental Management and Operations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the first title of the homeland security appropriations bill—the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the DHS headquarters consolidation project, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General for the department....
Small Modular Nuclear Reactors: Status and Issues
Small modular reactors (SMRs) are nuclear reactors that are sized to be suitable for modular construction. SMRs are generally defined as having electric generating capacity of 300 megawatts (MWe) or less, in contrast to existing nuclear power reactors, which typically exceed 1,000 MWe. A wide variety of nuclear technologies could be used in SMRs, in addition to the conventional light water reactor (LWR) technology in existing U.S. commercial nuclear plants. Many SMR designs are still in development stages, and the projected timelines for initial deployment of SMRs generally range from the...
The Patient Protection and Affordable Care Act’s (ACA’s) Transitional Reinsurance Program
Section 1341 of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) establishes a transitional reinsurance program that is designed to provide payment to non-grandfathered, non-group market health plans (also known as individual market health plans) that enroll high-risk enrollees for 2014 through 2016. Under the program, the Secretary of the Department of Health and Human Services (HHS) collects reinsurance contributions from health insurers and from third-party administrators on behalf of group health plans. The Secretary then uses those contributions to make...
The Financial Services and General Government (FSGG) appropriations bills include funding for more than two dozen independent agencies in addition to the larger entities in the bill (Department of the Treasury, the Executive Office of the President, the District of Columbia, and the judiciary). Among these are Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration (GSA), National...
The Constitution grants Congress the power of the purse, but does not dictate how Congress must fulfill this constitutional duty. Congress has, therefore, developed certain types of budgetary legislation, along with rules and practices that govern its content and consideration. This set of budgetary legislation, rules, and practices is often referred to as the congressional budget process.
There is no prescribed congressional budget process that must be strictly followed each year, and Congress does not always consider budgetary measures in a linear or predictable pattern. Such...
H.R. 79, Section 452 of H.R. 10, and Section 913 of H.R. 3280: Helping Angels Lead Our Startups
The Jumpstart Our Business Startups Act of 2012 (JOBS Act; P.L. 112-106) was broadly aimed at stimulating corporate capital formation, particularly for emerging and smaller firms, largely through regulatory relief from various disclosure-based requirements in federal securities laws administered by the Securities and Exchange Commission (SEC).
In recent years, Congress has considered legislation extending the JOBS Act’s focus on corporate regulatory relief. In the 115th Congress, such legislation includes H.R. 79, Helping Angels Lead Our Startups, which passed the House on January 10,...
Congress continues to focus on reforming defense acquisition. Both chambers’ versions of the FY2018 National Defense Authorization Act include a large number of provisions dealing with defense acquisition, particularly in each bill’s Title VIII, Acquisition Policy, Acquisition Management, and Related Matters. These provisions build on the large number of acquisition provisions enacted in the last two years.
The House bill—passed by the House on July 14, 2017—includes 48 provisions, 15 of which were first introduced in a stand-alone acquisition reform bill by Chairman of the House Armed...
Russia: Background and U.S. Policy
Over the last five years, Congress and the executive branch have closely monitored and responded to new developments in Russian policy. These developments include the following: increasingly authoritarian governance since Vladimir Putin’s return to the presidential post in 2012; Russia’s 2014 annexation of Ukraine’s Crimea region and support of separatists in eastern Ukraine; violations of the Intermediate-Range Nuclear Forces (INF) Treaty; Moscow’s intervention in Syria in support of Bashar al Asad’s government; increased military activity in Europe; and cyber-related influence...
Domestic Terrorism: An Overview
The emphasis of counterterrorism policy in the United States since Al Qaeda’s attacks of September 11, 2001 (9/11) has been on jihadist terrorism. However, in the last decade, domestic terrorists—people who commit crimes within the homeland and draw inspiration from U.S.-based extremist ideologies and movements—have killed American citizens and damaged property across the country. Not all of these criminals have been prosecuted under federal terrorism statutes, which does not imply that domestic terrorists are taken any less seriously than other terrorists.
The Department of Justice (DOJ)...
DOD Plan to Split Acquisition Duties
On August 2, 2017, DOD provided Congress its plan for breaking the Office of the Secretary of Defense’s acquisition office—the Under Secretary of Defense (USD) for Acquisition, Technology and Logistics (AT&L)—into two separate organizations, as required by the FY2017 National Defense Authorization Act (NDAA), Section 901. The NDAA conference report laid out the concerns that drove the split:
“Three broad priorities framed the conference discussions: (1) elevate the mission of advancing technology and innovation within the Department; (2) foster distinct technology and acquisition cultures...
The U.S. Coal Industry: Historical Trends and Recent Developments
The Trump Administration has taken several actions intended to help revive the U.S. coal industry. Within its first two months, the Administration rolled back or began reversing several coal-related regulations finalized under the Obama Administration. This effort was undertaken as three of the largest coal producers continued recovery from Chapter 11 bankruptcy, and occurred in the context of higher coal prices (making coal production possibly more profitable), lower inventories, and higher natural gas prices—factors that could lead to coal being more competitive as a fuel source for...
Violence Against Members of Congress and Their Staff: Selected Examples and Congressional Responses
Questions about the personal security and safety of Members of Congress and their staffs are of enduring concern for the House, Senate, and the United States Capitol Police (USCP). Broader interest in the media and among the public arises in the aftermath of incidents such as the June 14, 2017, attack on at least 17 Members of Congress, several staff, USCP officers, and members of the public in Alexandria, Virginia. In that incident, a Member was critically wounded, and others were injured during a shooting that occurred as Members were practicing for an annual congressional baseball...
Select Demographic and Other Characteristics of Recent U.S. Circuit and District Court Nominees
This Insight provides information related to select demographic and other characteristics of U.S. circuit and district court nominees whose nominations were submitted to the Senate by President Trump prior to August 1, 2017. President Trump submitted a total of 26 nominations prior to this date. The select demographic and other characteristics of these 26 individuals are compared to the same demographic and other characteristics of the first 26 individuals nominated to U.S. circuit and district court judgeships during the Obama, George W. Bush, and Clinton presidencies. The information is...
Public Health Service Agencies: Overview and Funding (FY2016-FY2018)
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS). The PHS agencies are funded primarily with annual discretionary appropriations. They also receive significant amounts of funding from other sources, including mandatory funds from the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), user fees, and third-party reimbursements (collections).
The Agency for Healthcare Research and Quality (AHRQ) funds research on improving the quality and delivery of health care. For more than a...
In Brief: Highlights of the FY2018 National Defense Authorization Act
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The President’s FY2018 budget request, submitted to Congress on May 23, 2017, seeks $677.1 billion in budget authority for national defense-related activities (budget function 050). Of the national defense total, $667.6 billion is discretionary spending. The remaining $9.6 billion is mandatory spending that not provided by annual appropriations acts .
H.R. 2810, the version of the FY2018 National Defense Authorization Act (NDAA) passed by the House on July 14, 2017, would authorize $689.0 billion in discretionary funding for defense activities within the...
FY2018 Labor-HHS-Education Appropriations: Status and Issues
Congress has begun consideration of the 12 annual appropriations bills for FY2018, including the bill for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS), which is one of the largest and most controversial of the bills. When taking into account both mandatory and discretionary funding, the bill typically receives about $900 billion annually. Most recently, the House Appropriations Committee reported the FY2018 LHHS bill to the House on July 24, 2017 (H.R. 3358; H.Rept. 115-244). The report accompanying the House bill includes a detailed table...
Inspector General Community Launches Oversight.gov to Increase Accessibility to Reports
On August 2, 2017, the Council of Inspectors General on Integrity and Efficiency (CIGIE) launched Oversight.gov, a central repository for Office of Inspector General (OIG) reports that is intended to “improve the public’s access to independent and authoritative information about the Federal Government.” The website is currently being beta tested. As of August 2, 2017, 36 of 73 OIGs were participating in the beta test (Table 1). The establishment of, and participation in, the website is not statutorily required.
Oversight.gov is intended to be the first one-stop shop for OIG reports....
Insurance and the Financial CHOICE Act (H.R.10)
The Financial CHOICE Act of 2017 (H.R. 10) was passed by the House on June 8, 2017. Among many other provisions, H.R. 10 would revamp many of the insurance provisions in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203).
Background on Insurance Regulation
The federal role in regulating insurance is relatively limited compared with the role in banking and securities. Insurance companies, unlike banks and securities firms, have been chartered and regulated solely by the states for the past 150 years. The current state-centric system was confirmed...
Farm Safety-Net Payments Under the 2014 Farm Bill: Comparison by Program Crop
The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) authorizes farm safety-net programs for the five crop years of 2014 through 2018. This includes revenue support for 20 “covered commodities” under either the Agricultural Risk Coverage (ARC) program or the Price Loss Coverage (PLC) program and interim financing and floor price support for an expanded list of 24 “loan commodities” under the Marketing Assistance Loan (MAL) program. Outlays under the MAL, ARC, and PLC programs are funded by the U.S. Department of Agriculture’s (USDA’s) Commodity Credit Corporation (CCC).
In addition,...
Status of FY2017 Labor-HHS-Education Appropriations
This report provides a brief summary of the general scope of the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. The report also provides a high-level overview of congressional action with regard to the FY2017 LHHS bill (S. 3040 and H.R. 5926), FY2017 continuing resolutions (CRs; P.L. 114-223, P.L. 114-254, and P.L. 115-30), and LHHS components of the FY2017 omnibus (P.L. 115-31). The report concludes with a list of additional resources.
Rising Costs and Delays Doom New Nuclear Reactors in South Carolina
A utility consortium that had been building two new nuclear power reactors in South Carolina announced July 31, 2017, it is abandoning the project because of growing cost overruns and schedule delays. Completion of the two additional reactors at the existing V.C. Summer Nuclear Station near Jenkinsville, SC, had been in doubt since Westinghouse Electric Corporation, the lead contractor for the project, filed for bankruptcy reorganization on March 29, 2017. Westinghouse also had been building two new reactors at the Vogtle nuclear plant in Georgia. The lead owner of that project, Southern...
China-India Border Tensions at Doka La
Recent border tensions between India and China may be indicative of a new phase of heightened Sino-Indian rivalry. This rivalry is manifesting itself not only along the two nations’ 2,167-mile-long disputed Himalayan border, but also throughout South Asia and the broader Indian Ocean littoral region. Intensified frictions raise the potential for open conflict and could serve as an impetus for further U.S.-India strategic cooperation that could have implications for China. An issue for Congress is whether to call on the Administration to put forth a strategy and report on this strategic...
Paris Agreement on Climate Change: U.S. Letter to United Nations
The Department of State communicated to the United Nations on August 4, 2017, a U.S. intention to withdraw from the 2016 Paris Agreement (PA). The PA is an international agreement to address climate change over the coming century existing under the 1992 U.N. Framework Convention on Climate Change (UNFCCC). On June 1, 2017, President Donald Trump publicly announced this intent. The letter to the U.N. stated that “unless the United States finds suitable terms for reengagement,” it would provide formal written notification of the U.S. intent to withdraw “as soon as it is eligible to do so.”...
Productivity Growth Across the Economy
Long-term economic growth is generally dependent on three factors: growth in the size of the labor force, growth in the amount of physical capital (e.g., tools, machines, computers) available to workers, and growth in productivity. Productivity is a measure of how well an economy produces goods and services with a given number of workers and amount of physical capital. Productivity growth is often of particular concern to policymakers because it is a vital determinant of long-term economic growth and drives increases in income for businesses and individuals. This Insight examines recent...
Puerto Rico Electric Power Authority and Debt Restructuring Under PROMESA, P.L. 114-187
In recent years, the Commonwealth of Puerto Rico (CPR) has faced a fiscal crisis resulting from economic contraction, high public sector debt levels, outmigration, and other factors. In recent weeks, the finances of the Puerto Rico Electric Power Authority (PREPA)—or in Spanish, the Autoridad de Energía Eléctrica (AEE)—have attracted specific attention. PREPA’s debt—about $9 billion—is larger than that of any other operational U.S. public corporation. Planned actions to address the debt, and high electricity prices due to the deteriorating state of the island’s generating and transmission...
Burundi’s Political Crisis: In Brief
This report provides context on the political crisis in Burundi, which is rooted in President Pierre Nkurunziza’s decision to run for a third term in 2015, in violation of a landmark peace accord. The crisis has spurred a low-intensity conflict and serious human rights violations, sparking a refugee influx into neighboring states and undermining Burundi’s hard-won stability following a civil war in the 1990s. Coinciding with a parallel stand-off over term limits in neighboring Democratic Republic of Congo (DRC), the situation in Burundi has implications for longstanding U.S. efforts to...
Trump Administration Releases First Unified Agenda of Federal Regulatory and Deregulatory Actions
On July 20, 2017, the Trump Administration released its first Unified Agenda of Federal Regulatory and Deregulatory Actions (hereinafter Unified Agenda). The Unified Agenda—which is usually published twice a year—is a government-wide publication of rulemaking actions agencies expect to take in the coming months and, as the name suggests, contains both regulatory actions (i.e., new regulations) and deregulatory actions (i.e., reductions in or elimination of current regulations). At present, the Unified Agenda does not contain a way to separate deregulatory actions from regulatory actions....
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal agency charged with administering and enforcing federal laws related to firearms and explosives commerce. ATF is also responsible for investigating arson cases with a federal nexus, and criminal cases involving the diversion of alcohol and tobacco from legal channels of commerce. As an agency within the Department of Justice (DOJ), ATF is funded through an annual appropriation in the Departments of Commerce and Justice, Science, and Related Agencies (CJS) Appropriations Act. For FY2017, Congress has...
The Energy Savings and Industrial Competitiveness Act: S. 385 and H.R. 1443
Energy efficiency—providing the same or an improved level of service with less energy—has been of interest to some Members of Congress. Proponents of increased energy efficiency see an untapped “resource” that can mitigate the demand for additional energy supplies. Perceived benefits of energy efficiency include lowered energy bills, reduced demand for energy, improved energy security and independence, and reduced air pollution and greenhouse gas emissions. Challenges to energy efficiency include market barriers that do not incentivize builders or developers to invest in energy efficiency,...
Tolling U.S. Highways and Bridges
The Federal-Aid Road Act of 1916 (39 Stat. 355), which provided federal funds to states for highway construction, included the requirement that all roads funded under the act be “free from tolls of all kinds.” Following the funding of the Interstate System in 1956, the “freedom from tolls” policy was reaffirmed (23 U.S.C. §301). Although the provision still exists, exceptions to the general ban on tolls now cover the vast majority of federal-aid roads and bridges. New roads, bridges, and tunnels may be tolled, and most existing roads, bridges, and tunnels may be tolled if they are...
Updated Standards for SNAP-Authorized Retailers
The Supplemental Nutrition Assistance Program (SNAP), the largest of the U.S Department of Agriculture’s (USDA’s) domestic food assistance programs, provides benefits to eligible participants; these benefits are redeemable for SNAP-eligible foods at SNAP-authorized retailers. SNAP-authorized retailers are stores and other food sellers that are allowed to accept SNAP benefits. In FY2015, the vast majority of benefits were redeemed at “super stores” and supermarkets.
On December 15, 2016, USDA’s Food and Nutrition Service (FNS) published in the Federal Register a final rule, “Enhancing...
Global Engagement Center: Background and Issues
The State Department’s Global Engagement Center (GEC) is tasked with countering foreign state and non-state propaganda and disinformation targeting the United States and U.S. interests. A number of recent reports have stated that the GEC has not been given access to authorized funds for FY2017, leading to speculation and concern in some quarters about its continued role and operations.
Counterterrorism Communications in the State Department
The GEC is the latest iteration of State Department efforts to coordinate interagency communications countering the messaging and influence of...
North Korean Cyber Capabilities: In Brief
As North Korea has accelerated its missile and nuclear programs in spite of international sanctions, Congress and the Trump Administration have elevated North Korea to a top U.S. foreign policy priority. Legislation such as the North Korea Sanctions and Policy Enhancement Act of 2016 (P.L. 114-122), and international sanctions imposed by the United Nations Security Council have focused on North Korea’s WMD and ballistic missile programs and human rights abuses. According to some experts, another threat is emerging from North Korea: an ambitious and well-resourced cyber program. North...
The “Better Way” House Tax Plan: An Economic Analysis
On June 24, 2016, House Speaker Paul Ryan released the Better Way Tax Reform Task Force Blueprint, which provides a revision of federal income taxes. For the individual income tax, the plan would broaden the base, lower the rates (with a top rate of 33%), and alter some of the elements related to family size and structure by eliminating personal exemptions, allowing a larger standard deduction, and adding a dependent credit. For business income, the current income tax would be replaced by a cash-flow tax rebated on exports and imposed on imports, with a top rate of 20% for corporations and...
Executive Branch Reorganization
The federal bureaucracy of the present day is the product of more than two centuries of legislative and administrative actions by successive generations of elected and appointed officials. As such, the diverse organizations and processes of the federal government are a consequence of the influence and decisions of thousands of officials with differing viewpoints about the role of government and diverse policy preferences. The federal bureaucracy’s organizational arrangements are also reflective of ongoing competition between Congress and the President to influence the behavior of agencies....
Overview
Yemen is facing an unprecedented humanitarian crisis due to an ongoing international conflict that began in March 2015 and has killed over 10,000 people. More than half of Yemen’s estimated 25 million population lack access to basic health care, and roughly 15 million people are without access to clean water, sanitation, and hygiene (WASH) services. Only 45% of health facilities in the country are functional, and many have limited access to medicines, medical equipment, and clean water and sanitation, further complicating efforts to control the outbreak.
Yemen is experiencing the...
In Brief: Highlights of FY2018 Defense Appropriations Actions
On July 27, 2017, by a vote of 235-192, the House passed H.R. 3219, “The Defense, Military Construction, Veterans Affairs, Legislative Branch, and Energy and Water Development National Security Appropriations Act, 2018,” also referred to as the “Make America Secure Appropriations Act, 2018.” Division A of that bill would appropriate $650.4 billion in discretionary funding for national defense activities within the jurisdiction of the House Appropriations Subcommittee on Defense. This would amount to a 4.5% increase over the Administration’s $622.1 billion request.
As reported by the House...
U.S. Circuit and District Court Judges: Profile of Select Characteristics
This report addresses ongoing congressional interest in the demographic characteristics and professional experiences of those individuals nominated and appointed to fill lower federal court judgeships. It focuses on demographic and other background characteristics of active U.S. circuit and district court judges who are currently serving on the federal bench.
Unless otherwise noted, the statistics provided in the report do not reflect all of a particular President’s circuit or district court appointments during his time in office—but only active judges appointed by that President. A judge...
Reform of U.S. International Taxation: Alternatives
A striking feature of the modern U.S. economy is its growing openness—its increased integration with the rest of the world. The attention of tax policymakers has recently been focused on the growing participation of U.S. firms in the international economy and the increased pressure that engagement places on the U.S. system for taxing overseas business. Is the current U.S. system for taxing U.S. international business the appropriate one for the modern era of globalized business operations, or should its basic structure be reformed?
The current U.S. system for taxing international business...
Presidential Permits for Border Crossing Energy Facilities
Controversy over the proposed Keystone XL pipeline project has focused attention on U.S. requirements for authorization to construct and operate pipelines and other energy infrastructure at international borders. For the most part, developers are required to obtain a Presidential Permit for border crossing facilities. The agency responsible for reviewing applications and issuing Presidential Permits varies depending on the type of facility. Oil and other hazardous liquids pipelines that cross borders are authorized by the U.S. Department of State. Natural gas pipeline border crossings are...
Bail: An Abridged Overview of Federal Criminal Law
This is an overview of the federal law of bail. Bail is the release of an individual following his arrest upon his promise—secured or unsecured; conditioned or unconditioned—to appear at subsequent judicial criminal proceedings. An accused may be denied bail if he is unable to satisfy the conditions set for his release. He may also be denied bail if the committing judge or magistrate concludes that no amount of security or any set of conditions will suffice to ensure public safety or the individual’s later appearance in court.
The federal bail statute layers the committing judge’s or...
Bail: An Overview of Federal Criminal Law
This is an overview of the federal law of bail. Bail is the release of an individual following his arrest upon his promise—secured or unsecured; conditioned or unconditioned—to appear at subsequent judicial criminal proceedings. An accused may be denied bail if he is unable to satisfy the conditions set for his release. He may also be denied bail if the committing judge or magistrate concludes that no amount of security or any set of conditions will suffice to ensure public safety or the individual’s later appearance in court.
The federal bail statute layers the committing judge’s or...
Tax Provisions that Expired in 2016 (“Tax Extenders”)
In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Most recently, in December 2015, Congress addressed tax extenders in the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), enacted as Division Q of the Consolidated Appropriations Act, 2016 (P.L. 114-113). This legislation extended all of the 52 provisions that had expired at the end of 2014. Unlike past tax extenders legislation, however, a number of provisions that had expired at the end of 2014...
Rwanda’s August 4 Presidential Election
Politics and the 2017 Presidential Election
The circumstances of Rwanda’s August 4 presidential election highlight some of the policy challenges in approaching a country that arguably combines effective governance with political repression. President Paul Kagame, in office since 2000, is campaigning for a third term. A constitutional referendum in 2015 changed the presidential term from seven to five years but exempted the sitting President from the shortened term and from a two-term limit until 2024 (Article 101, Article 172).
The referendum was scheduled following “national...
Ongoing Section 232 Steel and Aluminum Investigations
The Department of Commerce is currently conducting two investigations to determine the national security implications of U.S. imports of steel and aluminum under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862, as amended). Section 232, sometimes called the "national security clause," provides the President with the ability to impose restrictions on imports, such as tariffs or quotas, if the Secretary of Commerce, in consultation with the Department of Defense and other government officials, determines such imports threaten to impair the national security of the United...
Motor vehicles and vehicle parts accounted for more than 20% of the total value of U.S. merchandise trade with Canada and Mexico in 2016, making them the largest category of manufactured products traded among the United States, Mexico, and Canada. Since the North American Free Trade Agreement (NAFTA) took effect in January 1994, the vehicle supply chain has become fully integrated, with parts manufacturing and assembly in all three countries.
On May 18, 2017, the Trump Administration notified Congress of its intent to renegotiate NAFTA. In consequence, the 115th Congress will likely...
Federal Assistance for Wildfire Response and Recovery: In Brief
Wildfires can destroy homes and force thousands of people to evacuate. Over the last 10 years, wildfires in the United States have burned nearly 7.0 million acres annually on average. In 2015, 68,200 wildfires burned 10.1 million acres, making 2015 the largest fire year on record. In 2016, more than 67,700 wildfires burned 5.5 million acres. Through July 26, 2017, approximately 37,200 wildfires have burned 5.2 million acres, surpassing the 3.1 million acres burned through July 26 last year.
The federal government has programs to assist state and local efforts to control wildfires and...
The political crisis in Venezuela is at a pivotal point (See CRS Report R44841, Venezuela: Background and U.S. Policy). President Nicolas Maduro is convening elections on July 30 for delegates to a constituent assembly to rewrite the country’s constitution and possibly dismantle the legislative branch. On July 17, 2017, President Donald Trump issued a statement that declared that “the United States will take strong and swift economic actions” if the assembly elections occur. Those actions reportedly could include sanctions on Venezuela’s energy sector, which generates 95% of its export...
Inter Partes Review of Patents: Innovation Issues
The Leahy-Smith America Invents Act (AIA) of 2011 introduced inter partes review proceedings (IPRs) into the patent system. IPRs allow the U.S. Patent and Trademark Office (USPTO) to revisit—and possibly cancel—a patent the agency had previously allowed. Under these proceedings, any individual may petition the USPTO to assert that a granted patent is invalid in view of earlier patents or printed publications. A petitioner must demonstrate that there is a “reasonable likelihood” that he would prevail for the IPR to begin. Should the USPTO’s Patent Trial and Appeal Board (PTAB) grant the...
Aviation Bills Take Flight, but Legislative Path Remains Unclear
Both the House Transportation and Infrastructure Committee and the Senate Committee on Commerce, Science, and Transportation acted favorably on bills to reauthorize the Federal Aviation Administration (FAA) and other aviation programs during the last week of June. The two bills, H.R. 2997 and S. 1405, have significant differences, many of them related to provisions in the House bill that would create a not-for-profit private corporation to take over responsibility for running the national air traffic control system. The Senate bill contains no similar provisions, and the path forward for...
Gulf Coast Restoration: RESTORE Act and Related Efforts
The Gulf of Mexico coastal environment (Gulf Coast) stretches over approximately 600,000 square miles across five U.S. states: Texas, Louisiana, Mississippi, Alabama, and Florida. It is home to more than 22 million people and more than 15,000 species of sea life. Efforts are ongoing to restore this environment, which has been damaged by specific events such as the Deepwater Horizon spill and hurricanes as well as by disturbances to wetlands and water quality from human alterations and other impacts. The issue for Congress is the implementation, funding, and performance of congressionally...
Provisions of Obamacare Repeal Reconciliation Act of 2017 (ORRA)
Per the reconciliation instructions in the budget resolution for FY2017 (S.Con.Res. 3), the House passed its reconciliation bill, H.R. 1628—the American Health Care Act (AHCA)—with amendments on May 4, 2017. The House bill was received in the Senate on June 7, 2017, and the next day the Senate majority leader had it placed on the calendar, making it available for floor consideration. The Senate Budget Committee published on its website a “discussion draft” titled, “The Better Care Reconciliation Act of 2017” (BCRA) on June 22, 2017, and subsequently updated the discussion draft on June 26,...
Comparison of the American Health Care Act (AHCA) and the Better Care Reconciliation Act (BCRA)
Per the reconciliation instructions in the budget resolution for FY2017 (S.Con.Res. 3), the House passed its reconciliation bill, H.R. 1628—the American Health Care Act (AHCA)—with amendments on May 4, 2017. The House bill was received in the Senate on June 7, 2017, and the next day the Senate majority leader had it placed on the calendar, making it available for floor consideration. The Senate Budget Committee published on its website a “discussion draft” titled, “The Better Care Reconciliation Act of 2017” (BCRA) on June 22, subsequently updated the discussion draft on June 26, again on...
Hong Kong’s High Court Disqualifies Four More Legislators
On July 15, 2017, Hong Kong’s High Court decided that the oaths of office taken by four members of Hong Kong’s Legislative Council (Legco) on October 12, 2016, were invalid, and as a consequence, determined they were “disqualified from assuming or entering the Office of a Legco Member.” The ruling raises the number of disqualified Legco members to six, as two other members previously had been disqualified by the High Court on November 15, 2016 (see CRS Insight IN10605, China and the Hong Kong High Court Issue Decisions on Legislative Council Controversy (Update)). The four Members...
An Analysis of the Geographic Distribution of the Mortgage Interest Deduction
This report analyzes variation in the mortgage interest deduction tax expenditure across states. Tax expenditures, such as the mortgage interest deduction, can generally be viewed as government spending administered via the tax code, or as tax incentives that are intended to achieve particular policy objectives. Regardless of the interpretation, tax expenditures provide a benefit to qualifying taxpayers by lowering their federal tax liabilities. Recent proposals to change the mortgage interest deduction could affect how its benefits are distributed. Understanding how the deduction’s...
Accounting and Auditing Regulatory Structure: U.S. and International
Accounting and auditing standards in the United States are promulgated and regulated by various federal, state, and self-regulatory organizations (SROs). Accounting and auditing standards are also influenced by practitioners from businesses, nonprofits, and government entities. Congress has allowed financial accounting and auditing practitioners to remain largely self-regulated while retaining oversight responsibility. At certain times, Congress has sought to achieve specific accounting- and auditing-based policy objectives by enacting legislation such as the Sarbanes-Oxley Act of 2002...
Remedies for Patent Infringement
For more than a decade, some Members of Congress have considered bills that have proposed reforms to the law of patent remedies. Under current law, courts may award damages to compensate patent proprietors for an act of infringement. Damages consist of the patent owner’s lost profits due to the infringement, if they can be proven. Otherwise the adjudicated infringer must pay a reasonable royalty. Courts may also award enhanced damages of up to three times the actual damages in exceptional cases. In addition, courts may issue an injunction that prevents the adjudicated infringer from...
H.R. 2842. Subsidized employment. Career Pathways. Apprenticeship. Temporary Assistance for Needy Families.
The Paris Club and International Debt Relief
The Paris Club is a voluntary, informal group of creditor nations who meet approximately 10 times per year to provide debt relief to developing countries. Members of the Paris Club agree to renegotiate and/or reduce official debt owed to them on a case-by-case basis.
The United States is a key Paris Club Member and Congress has an active role in both Paris Club operations and U.S. policy regarding debt relief overall. The Federal Credit Reform Act of 1990 stipulates that Congress must be involved in any official foreign country debt relief and notified of any debt reduction and debt renegotiation.
Sinclair Broadcast Group Acquisition of Tribune Media: Competitive and Regulatory Issues
On May 8, 2017, Sinclair Broadcast Group Inc. announced that it agreed to acquire the Tribune Media Company for $6.6 billion, including $3.9 billion for Tribune’s stock, and the assumption of $2.7 billion of Tribune’s debt. The transaction, if approved by shareholders and the U.S. government, would make Sinclair the nation’s largest television broadcast company, giving it access to a far larger share of U.S. households than any other television broadcaster.
Both the U.S. Department of Justice (DOJ) and the Federal Communications Commission (FCC) must approve Sinclair’s transactions before...
Human Rights in China and U.S. Policy: Issues for the 115th Congress
This report examines human rights conditions in the People’s Republic of China (PRC) and policy options for Congress. The PRC government under the leadership of Chinese Communist Party General Secretary and State President Xi Jinping has implemented a clampdown on political dissent, civil society, human rights activists and lawyers, and the religious, cultural, and linguistic practices of Tibetans and Uyghurs. Other major human rights violations in China include the practice of incommunicado detention, torture of persons in custody, censorship of the Internet, and restrictions on the...
Indian Health Service (IHS) Funding: Fact Sheet
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. IHS provides health care for approximately 2.2 million eligible American Indians/Alaska Natives through a system of programs and facilities located on or near Indian reservations, and through contractors in certain urban areas. IHS provides services to members of 566 federally recognized tribes. It provides services either directly or through facilities and programs operated by Indian Tribes or Tribal...
History of the ESEA Title I-A Formulas
The Elementary and Secondary Education Act (ESEA) is the primary source of federal aid to K-12 education. The ESEA was last reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) in 2015. The Title I-A program has always been the largest grant program authorized under the ESEA. Title I-A grants provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
The U.S. Department of Education (ED) determines Title I-A grants to local...
The Proposed EU-Japan FTA and Implications for U.S. Trade Policy
On July 6, 2017, ahead of the G-20 annual summit, the European Union (EU) and Japan announced reaching an agreement “in principle” on a bilateral free trade agreement (FTA), following 18 rounds of negotiations over four years. The EU and Japan aim for entry-into-force (EIF) of the agreement in early 2019. Considerable uncertainty surrounds the agreement, however, as some commitments remain under negotiation and current United Kingdom (UK) negotiations over withdrawal from the EU (“Brexit”) further complicate the path forward. (The European Commission negotiates FTAs on behalf of the EU and...
Health Resources and Services Administration (HRSA) Funding: Fact Sheet
The Health Resources and Services Administration (HRSA) within the Department of Health and Human Services (HHS) is the federal agency charged with improving the health safety net by providing access to health care for those who are uninsured, isolated, or medically vulnerable. The agency currently awards funding to more than 3,000 grantees, including community-based organizations; colleges and universities; hospitals; state, local, and tribal governments; and private entities to support health services projects, such as training health care workers or providing specific health services....
The G-20 Summit in Hamburg, Germany: Key Debates and Outcomes
Germany hosted the annual Group of 20 (G-20) summit on July 7-8 in Hamburg. The G-20 is a forum for advancing international economic cooperation and coordination among 20 major economies, including the United States, that together account for about 85% of global economic output. In recent years, the G-20 has also increasingly become a forum for discussing pressing foreign policy issues. The agenda for the 2017 summit included a broad mix of economic and foreign policy issues: international trade, global economic growth, the global financial system, climate policy, development, health,...
Monument Proclamations Under Executive Order Review: Comparison of Selected Provisions
The Antiquities Act of 1906 (54 U.S.C. §§320301-320303) authorizes the President to proclaim national monuments on federal lands that contain “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” From 1906 to date, Presidents have established 157 monuments and have enlarged, diminished, or otherwise modified previously proclaimed monuments. Presidential establishment of monuments has sometimes been...
Overview of U.S. Sanctions Regimes on Russia
Background
On December 29, 2016, President Barack Obama imposed sanctions on Russia for malicious cyber activity. These were the latest in a series of U.S. sanctions regimes that have been imposed on Russia over the last several years in response to activities that are state-sponsored or allegedly conducted by government officials. In addition, a number of Russian individuals and entities are subject to sanctions for terrorism, transnational crime, and weapons proliferation.
The United States’ use of economic sanctions in furtherance of national security or foreign policy is implemented,...
H.R. 23, the Gaining Responsibility on Water Act of 2017 (GROW Act)
In recent years, parts of the American West (i.e., the 17 states west of the Mississippi River) have been subject to prolonged drought conditions, including a severe drought in California that lasted from 2012 to 2016. Dating to the 112th Congress, several bills were proposed to address these conditions. The 114th Congress saw significant drought-related legislation enacted in the form of Subtitle J of the Water Resources Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322). The WIIN Act included a number of provisions generally related to the Bureau of Reclamation (or...
In recent decades, many federal policies have attempted to help prepare students with disabilities to complete high school and to continue into postsecondary education. Corollary interest has arisen in being able to track the progress being made toward achieving these aims.
This report offers a brief overview of what is currently known about the U.S. population of students with disabilities as they advance through secondary education and into postsecondary education. It devotes particular attention to high school graduation trends and data on postsecondary enrollment. Within the...
Drinking Water State Revolving Fund (DWSRF): Program Overview and Issues
The Safe Drinking Water Act (SDWA) is the federal authority for regulating contaminants in public water supplies. It includes the Drinking Water State Revolving Fund (DWSRF) program, established in 1996 to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to meet the SDWA’s health objectives. Under this program, states receive annual capitalization grants to provide financial assistance (primarily subsidized loans) to public water systems for drinking water projects and other specified activities. Between FY1997 and...
Community Oriented Policing Services (COPS): In Brief
The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in jurisdictions across the United States. The Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) reauthorized the COPS program for FY2006-FY2009 and changed it from a multi-grant program to a single-grant program. Even though the COPS grant program is not currently authorized, Congress has continued to appropriate funding for...
S. 1460: A New Energy and Resources Bill for the 115th Congress
On June 28, Senators Murkowski and Cantwell (Chair and Ranking Member, respectively, of the Energy and Natural Resources Committee) introduced S. 1460, the Energy and Natural Resources Act of 2017. The next day, the bill was read a second time and placed on the Senate calendar. S. 1460 has many similarities, but also significant differences, with the Senate-passed version of S. 2012, the comprehensive energy and natural resources bill in the 114th Congress (see CRS Report R44291, Energy Legislation: Comparison of Selected Provisions in S. 2012 as Passed by the House and Senate, by Brent D....
Judicial Review of Medicaid Work Requirements Under Section 1115 Demonstrations
Proposals have been introduced in the 115th Congress to reform the Medicaid program, which provides medical assistance to low-income and needy individuals. One such approach, taken by House-passed H.R. 1628, the American Health Care Act of 2017, would allow states to impose work requirements on certain categories of individuals as a condition of coverage under the Medicaid program. A similar approach is also taken in the discussion draft of the Better Care Reconciliation Act, a proposed amendment in the nature of a substitute to H.R. 1628, which was published by the Senate Budget Committee...
The Section 199 Production Activities Deduction: Background and Analysis
In 2004, Congress added the Section 199 domestic production activities deduction to the Internal Revenue Code (IRC). The deduction was intended to achieve a number of policy goals, including compensating for repeal of the extraterritorial income (ETI) export-subsidy provisions, supporting the domestic manufacturing sector, and reducing effective corporate tax rates.
Under current law, qualified activities are eligible for a deduction equal to 9% of the lesser of taxable income derived from qualified production activities, or taxable income. Eligible income includes that derived from the...
Department of Health and Human Services: FY2018 Budget Request
This report provides information about the FY2018 budget request for the Department of Health and Human Services (HHS). It begins by reviewing the department’s mission and structure. This is followed by an overview of the total FY2018 request for the department. Next, the report discusses the concept of the HHS budget as a whole, compared to funding provided to HHS through the annual appropriations process. This distinction is important because certain amounts shown in FY2018 HHS budget materials (including amounts for prior years) will not match amounts provided to HHS by annual...
The Education Sciences Reform Act
The Education Sciences Reform Act (ESRA, Title I of P.L. 107-279) established the Institute of Education Sciences (IES) as an independent research arm of the Department of Education (ED). The IES Director, appointed by the President with the advice and consent of the Senate, serves a six-year term and is advised by a technical panel composed primarily of educational researchers, the National Board of Educational Sciences (NBES).
The IES consists of four research centers, the National Center for Education Research (NCER), the National Center for Education Statistics (NCES), the National...
Generic Drugs and GDUFA Reauthorization: In Brief
A generic drug is a lower-cost copy of a brand-name chemical drug. Marketing of the generic drug becomes possible only when the brand-name—also called innovator—drug is no longer protected from market competition by patent and other protections, called regulatory exclusivity.
Prior to marketing, the sponsor of a brand-name drug must submit to the Food and Drug Administration (FDA) clinical data in a new drug application (NDA) to support the claim that the drug is safe and effective for its intended use. The FDA uses the information in the NDA as a basis for approving or denying the...
North Korea’s Long-Range Missile Test
On July 4, 2017, North Korea tested a long-range ballistic missile that some observers characterized as having intercontinental range. If so, it represents reaching a milestone years earlier than many analysts predicted. The two-stage missile reportedly flew in a high trajectory for 37 minutes, demonstrating a theoretical range that could include Alaska. It is not known what payload was used, but the actual range using a nuclear warhead would likely be significantly shorter. Although North Korea has not proven the capability to miniaturize a nuclear warhead or develop a reentry vehicle...
U.S. Sanctions Relief for Sudan
The Trump Administration is expected to decide by July 12 whether to lift most of a 20-year-old sanctions regime against Sudan, continuing an Obama Administration strategy of conditional engagement with the country. By that date, Secretary of State Rex Tillerson must present an interagency report on Sudan’s compliance with benchmarks negotiated between the Obama Administration and the government of President Omar al Bashir. Bashir came to power in a 1989 coup and is wanted by the International Criminal Court on charges of war crimes, crimes against humanity, and genocide.
Successive...
In the early 1990s, Congress recognized that several federal agencies had ongoing high-performance computing programs, but no central coordinating body existed to ensure long-term coordination and planning. To provide such a framework, Congress passed the High-Performance Computing and Communications Program Act of 1991 (P.L. 102-194) to enhance the effectiveness of the various programs. In conjunction with the passage of the act, the White House Office of Science and Technology Policy (OSTP) released Grand Challenges: High-Performance Computing and Communications. That document outlined a...
Executive Order to Expand Apprenticeships
On June 15, 2017, President Trump issued Executive Order 13801 (EO) with the stated goal of expanding apprenticeship programs as a workforce development strategy. The EO emphasized apprenticeship programs as a workforce-driven strategy that may come at a lower cost to students than traditional higher education. The EO also directed federal agencies to review existing workforce development programs.
Role of the Federal Government in Apprenticeship
Apprenticeship is a workforce development strategy for a specific occupation that combines on-the-job training and related instruction (often...
International Species Conservation Funds
International species conservation is addressed by several funds, including those under the Multinational Species Conservation Fund and the Neotropical Migratory Bird Conservation Fund. These funds are implemented by relatively small programs within the Fish and Wildlife Service, yet generate enormous constituent interest, chiefly concerning their funding levels. This report describes the funds briefly, and summarizes recent and proposed appropriations levels.
Department of Labor’s 2016 Fiduciary Rule: Background and Issues
Regulations issued in 1975 (called the 1975 rule in this report) defined investment advice using a five-part test. To be held to ERISA’s fiduciary standard with respect to his or her advice, an individual had to (1) make recommendations on investing in, purchasing, or selling securities or other property, or give advice as to the value (2) on a regular basis (3) pursuant to a mutual understanding that the advice (4) will serve as a primary basis for investment decisions, and (5) will be individualized to the particular needs of the plan regarding such matters as, among other things,...
The Corporation for Public Broadcasting: Federal Funding and Issues
The Corporation for Public Broadcasting (CPB) receives its funding through federal appropriations; overall, about 15% of public television and 10% of radio broadcasting funding comes from the federal appropriations that CPB distributes. CPB’s appropriation is allocated through a distribution formula established in its authorizing legislation and has historically received two-year advanced appropriations. Congressional policymakers are increasingly interested in the federal role in supporting CPB due to concerns over the federal debt, the role of the federal government funding for public...
Hong Kong Marks 20th Anniversary of Handover to Chinese Sovereignty
On July 1, 1997, Hong Kong returned to Chinese sovereignty in accordance with the “Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China (PRC) on the Question of Hong Kong” (Joint Declaration) and the “Basic Law of the Hong Kong Special Administrative Region (HKSAR)” (Basic Law). Twenty years later, some observers, including some Members of Congress, question the PRC government’s commitment to the Joint Declaration and the Basic Law, and have proposed changing U.S. relations with China and Hong...
The Federal Budget: Overview and Issues for FY2018 and Beyond
The federal budget is a central component of the congressional “power of the purse.” Each fiscal year, Congress and the President engage in a number of practices that influence short- and long-run revenue and expenditure trends. This report offers context for the current budget debate and tracks legislative events related to the federal budget.
In recent years, policies enacted to decrease spending along with a stronger economy have led to reduced budget deficits. The Budget Control Act of 2011 (BCA; P.L. 112-25) implemented several measures intended to reduce the deficit from FY2012...
U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond
Ten years after the Mexican government launched an aggressive, military-led campaign against drug trafficking and organized crime, violent crime continues to threaten citizen security and governance in parts of Mexico, including in cities along the U.S. southwest border. Organized crime-related violence in Mexico declined from 2011 to 2014 but rose in 2015 and again in 2016. Analysts estimate that the violence may have claimed more than 109,000 lives since December 2006. High-profile cases—particularly the enforced disappearance and murder of 43 students in Guerrero in September 2014—have...
Emergency Relief for Disaster-Damaged Roads and Transit Systems: In Brief
Major roads and bridges are part of the federal-aid highway system and are therefore eligible for assistance under the Emergency Relief Program (ER) of the Federal Highway Administration (FHWA). Following a natural disaster (such as Hurricane Matthew in 2016, which damaged highways in Florida, Georgia, South Carolina, and North Carolina), or catastrophic failure (such as the 2013 collapse of the Skagit River Bridge in Washington State) ER funds are made available for both emergency repairs and restoration of federal-aid highway facilities to conditions comparable to those before the...
Foreign Direct Investment in the United States: An Economic Analysis
Foreign direct investment in the United States in 2015 increased by 83% over that recorded in 2014. (Note: The United States defines foreign direct investment as the ownership or control, directly or indirectly, by one foreign person [individual, branch, partnership, association, government, etc.] of 10% or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise [15 CFR §806.15 (a)(1)].) In 2015, according to U.S. Department of Commerce data, foreigners invested $379 billion in U.S. businesses and...
U.S. Direct Investment Abroad: Trends and Current Issues
The United States is the largest direct investor abroad and the largest recipient of foreign direct investment in the world. For some Americans, the national gains attributed to investing overseas are offset by such perceived losses as offshoring facilities, displacing U.S. workers, and lowering wages. Some observers believe U.S. firms invest abroad to avoid U.S. labor unions or high U.S. wages, but 74% of the accumulated U.S. foreign direct investment is concentrated in high-income developed countries. In recent years, the share of investment going to developing countries has fallen. Most...
Defense: FY2017 Budget Request, Authorization, and Appropriations
This report discusses the Obama Administration’s FY2017 defense budget request and provides a summary of congressional action on the National Defense Authorization Act (NDAA) for FY2017 (S. 2943/P.L. 114-328), and the FY2017 Defense Appropriations Act (H.R. 244/P.L. 115-31).
In February 2016, the Obama Administration requested $523.9 billion to cover the FY2017 discretionary base budget of the Department of Defense (DOD) and $58.8 billion in discretionary funding for Overseas Contingency Operations (OCO). The OCO budget category generally includes funding related to the incremental cost...
Climate Change: Frequently Asked Questions About the 2015 Paris Agreement
The Paris Agreement (PA) to address climate change internationally entered into force on November 4, 2016. The United States is one of 149 Parties to the treaty; President Barack Obama accepted the agreement rather than ratifying it with the advice and consent of the Senate. On June 1, 2017, President Donald J. Trump announced his intent to withdraw the United States from the agreement and that his Administration would seek to reopen negotiations on the PA or on a new “transaction.” Following the provisions of the PA, U.S. withdrawal could take effect as early as November 2020.
Experts...
A Retrospective of House Rules Changes Since the 110th Congress
One of the majority party’s prerogatives is writing House rules and using its numbers to effect the chamber’s rules on the day a new House convenes. Because all Members of the House stand for election every two years, the Members-elect constitute a new House that must adopt rules at the convening of each Congress. Although a new House largely adopts the chamber rules that existed in the previous Congress, it also adopts changes to those rules. Institutional and political developments during the preceding Congress inform rules changes that a party continuing in the majority might make....
The Coast Guard’s Role in Safeguarding Maritime Transportation: Selected Issues
Congress has made the U.S. Coast Guard responsible for safeguarding vessel traffic on the nation’s coastal and inland waterways. Congress typically passes Coast Guard authorization bills every one to two years and appropriates funds to the agency annually under the Department of Homeland Security appropriations bill. H.R. 2518, reported by the House Transportation and Infrastructure Committee, and S. 1129, reported by the Senate Commerce Committee, authorize appropriations for the Coast Guard for FY2018 and FY2019 and have provisions related to the agency’s safety mission.
The fleet of...
Reauthorization of the Perkins Act in the 115th Congress: Comparison of Current Law and H.R. 2353
Since 1984, a number of acts named after former Congressman Carl D. Perkins have been the main federal laws authorized to support the development of career and technical education (CTE) programs aimed at students in secondary and postsecondary education. The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins Act; P.L. 109-270), the most recent reauthorization of the federal CTE law, was passed in 2006 and authorized appropriations through FY2012. The authorization of appropriations was extended through FY2013 under the General Education Provisions Act, and the Perkins Act...
Oil and Natural Gas Pipelines: Role of the U.S. Army Corps of Engineers
Growth in North American crude oil and natural gas production has led to efforts to expand the domestic oil and natural gas pipeline network. Pipeline developers are required to obtain authorizations from the U.S. Army Corps of Engineers (Corps) before constructing certain pipeline segments. Under the agency’s regulatory program, the Corps is responsible for authorizing activities that may affect federally regulated waters and wetlands. Under its civil works program, the agency is responsible for approving activities that cross or may affect Corps-managed lands and Corps water resource...
The Advanced Nuclear Production Tax Credit
The advanced nuclear production tax credit (PTC) (Internal Revenue Code (IRC) Section 45J) provides a 1.8 cent per kilowatt hour (kWh) tax credit for electricity sold that was produced at qualifying facilities. Criteria for qualifying facilities include that they must use nuclear reactor designs approved by the Nuclear Regulatory Commission after 1993, and must be placed in service by the end of 2020. Qualifying facilities can claim tax credits during the first eight years of production.
There are additional limitations associated with the provision. First, the credit is restricted to...
Agriculture and Related Agencies: FY2017 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC). (For CFTC, the Agriculture appropriations subcommittee has jurisdiction in the House but not in the Senate.)
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development, since mandatory amounts are generally set by authorizing laws such as the...
Qatar and its Neighbors: Disputes and Possible Implications
Qatar’s Neighbors Break Relations, Impose Sanctions
On June 5, the governments of Saudi Arabia, the United Arab Emirates (UAE), Bahrain, and Egypt severed diplomatic relations with Qatar, moved to expel Qatari diplomats, recalled their ambassadors from the Qatari capital, Doha, and imposed limits on the entry and transit of Qatari nationals and vessels in their territories, waters, and airspace. Qataris currently in these countries were given 14 days to leave.
Qatar’s Foreign Ministry expressed “deep regret” at these steps, calling them “unjustified” and an attempt to impose...
Department of Housing and Urban Development (HUD): FY2017 Appropriations
Most of the funding for the activities of the Department of Housing and Urban Development (HUD) comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD). HUD’s programs are primarily designed to address housing problems faced by households with very low incomes or other special housing needs. This report tracks FY2017 appropriations for the department.
Full-Year Appropriations: On May 5, 2017, the Consolidated Appropriations Act of 2017 was signed into law...
DOD Security Cooperation: Assessment, Monitoring, and Evaluation
Introduction
As part of recent efforts to modify existing security cooperation authorities, the FY2017 National Defense Authorization Act (NDAA) (P.L. 114-328) enacted several new provisions that modify the budgeting, execution, administration, and evaluation of Department of Defense (DOD) security cooperation programs and activities.
To date, the Department of Defense (DOD) has spent billions of dollars on efforts to train, equip, and otherwise support foreign military and security forces. In the 114th Congress, both the House and Senate Armed Services Committees examined various aspects...
Energy and Water Development: FY2017 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP), and the Department of Energy (DOE), as well as the Nuclear Regulatory Commission (NRC) and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
FY2017 funding for energy and water development programs was provided by Division D of the Consolidated Appropriations Act, 2017 (P.L. 115-31), an omnibus funding...
U.S. Beef: It’s What’s for China
In June 2017 the U.S. Department of Agriculture (USDA) announced that the United States and China had reached an agreement resolving technical issues that would allow U.S. beef exports to China to resume, thus resolving a long-standing dispute between the two countries. China had banned imports of U.S. beef immediately after bovine spongiform encephalopathy (BSE) was discovered in the United States in December 2003. In 2006, China unilaterally announced that it would lift its ban on some U.S. beef products contingent on certain age requirements and the removal of specified risk material...
The North American Free Trade Agreement (NAFTA) and U.S. Agriculture
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994, establishing a free trade area as part of a comprehensive economic and trade agreement among the United States, Canada, and Mexico. President Trump has repeatedly stated that he intends to either renegotiate or withdraw from NAFTA. In May 2017, the U.S. Trade Representative (USTR) formally notified Congress of the Administration’s intent to renegotiate NAFTA. Reactions to the announcement have been mixed, with some industries supporting NAFTA “modernization” as a way to address a range of trade concerns,...
Cuba: President Trump Partially Rolls Back Obama Engagement Policy
On June 16, 2017, President Trump unveiled his Administration’s policy on Cuba, which partially rolls back some of the Obama Administration’s efforts to normalize relations with Cuba. President Trump set forth his Administration’s policy in a speech in Miami, FL, where he signed a national security presidential memorandum on Cuba replacing President Obama’s October 2016 presidential policy directive, which had laid out objectives for the normalization process. The new policy leaves most of the Obama-era policy changes in place, including the reestablishment of diplomatic relations and a...
FY2016 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and was funded at $14.9 billion for FY2016. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of Education (ED) determines Title I-A grants to...
Out of Breath: Military Aircraft Oxygen Issues
The Air Force recently grounded some of its newest aircraft, F-35A strike fighters, due to incidents in which pilots became physiologically impaired with symptoms of oxygen deficiency while flying. Although the root cause of the F-35 incidents has not yet been established, the grounding has renewed attention on hypoxia, a physical condition caused by oxygen deficiency that may result in temporary cognitive and physiological impairment and possible loss of consciousness. Hypoxia has affected pilots of F-22, F/A-18, and T-45 aircraft in recent years.
Military aircraft (and jet aircraft...
Reception and Placement of Refugees in the United States
The U.S. Refugee Admissions Program (USRAP), which is managed by the Department of State (DOS), resettles refugees from around the world in the United States. Once a refugee case is approved for U.S. resettlement, the USRAP determines where in the country the refugee(s) will be resettled. This determination is made through DOS’s Reception and Placement Program (R&P), which provides initial resettlement services to arriving refugees. R&P initial resettlement assistance is separate from longer-term resettlement assistance provided through the Department of Health and Human Services’ (HHS)...
India-U.S. Relations: Issues for Congress
India will soon be the world’s most populous country, home to about one of every six people. Many factors combine to infuse India’s government and people with “great power” aspirations: the Asian giant’s rich civilization and history, expanding strategic horizons, energetic global and international engagement, critical geography (with more than 9,000 total miles of land borders, many of them disputed) astride vital sea and energy lanes, major economy (at times the world’s fastest growing) with a rising middle class and an attendant boost in defense and power projection capabilities...
Office of Government Ethics: Role in Collecting and Making Ethics Waivers Public
On April 28, 2017, the Office of Government Ethics (OGE) issued a program advisory (PA-17-02) to request data on the issuance of certain waivers and authorizations from executive branch agencies, including the Executive Office of the President (EOP). OGE requested documentation for all waivers given to executive branch appointees between May 1, 2016, and April 30, 2017, under five authorities: Executive Order (E.O.) 13770, E.O. 13490, 18 U.S.C. §208(b)(1), 5 C.F.R. §2635.502(d), and 5 C.F.R. §2635.503(c). The data were due to OGE by June 1, 2017. One hundred thirty five of 136 executive...
Paris Agreement: U.S. Climate Finance Commitments
The United States and other industrialized countries have committed to providing financial assistance for global environmental initiatives, including climate change, through a variety of multilateral agreements. The United Nations Framework Convention on Climate Change (UNFCCC, 1992, U.S. Treaty Number: 102-38) was the first international treaty to acknowledge and address human-driven climate change. Among other obligations, the Convention commits higher-income parties (i.e., those listed in Annex II of the convention, which were members of the Organization for Economic Cooperation and...
Argentina: Background and U.S. Relations
Argentina, a South American country with a population of almost 44 million, has had a vibrant democratic tradition since its military relinquished power in 1983. Current President Mauricio Macri—the leader of the center-right Republican Proposal and the candidate of the Let’s Change coalition representing center-right and center-left parties—won the 2015 presidential race. He succeeded two-term President Cristina Fernández de Kirchner, from the center-left faction of the Peronist party known as the Front for Victory, who in turn had succeeded her husband, Néstor Kirchner, in 2007. Macri’s...
First Treasury Report on Regulatory Relief: Depository Institutions
On June 12, 2017, the Department of the Treasury issued a report, A Financial System That Creates Economic Opportunities: Banks and Credit Unions, which examines the regulation of banks and credit unions. The Treasury stated it would be the first in a series of reports written in accordance with Executive Order (E.O.) 13772 issued by President Donald Trump on February 3, 2017. E.O. 13772 identified “Core Principles” that should be adhered to in financial regulation and directed the Secretary of the Treasury to report on “the extent to which ... Government policies promote the Core...
Dakota Access Pipeline: Siting Controversy
Background Recent growth of domestic crude oil production has resulted in an unprecedented expansion of the United States’ oil pipeline network. One major oil pipeline recently constructed is the Dakota Access Pipeline, a 30-inch diameter, 1,172-mile project that carries crude oil produced in northwest North Dakota to southern Illinois (Figure 1). The Dakota Access Pipeline’s maximum capacity is 570,000 barrels per day. Figure 1. Dakota Access Pipeline Route / Source: CRS using data from Platts PowerMap 2016, and Esri Data and Maps 2014. Siting Approval The federal government does not have...
Finding Quotes for Speeches: Fact Sheet
A well-chosen quote can strengthen a speech by emphasizing and reinforcing a point, tapping into the audience’s memories and associations, and bolstering the speaker’s credibility. The right quote can capture the listener’s attention, add poignancy, and infuse drama or poetic flair.
The following resources will help the user find quotes for speeches and other communications. The resources are divided into three categories: General Quotations, Americana, and Religion. There is some overlap among the categories.
Congressional staffers who need assistance finding or verifying a quote, or who...
Violence Against Members of Congress and Their Staff: A Brief Overview
Questions about the personal security and safety of Members of Congress and their staffs are of enduring concern for the House, Senate, and the United States Capitol Police (USCP). Broader interest in the media and among the public arises in the aftermath of an incident such as the June 14, 2017, attack on at least 17 Members of Congress, several staff, USCP officers, and members of the public in Alexandria, Virginia. In that incident, a Member was critically wounded, and others, including another Member, a congressional staffer, USCP officers, and a member of the public were injured...
Defining Readiness: Background and Issues for Congress
Many defense observers and government officials, including some Members of Congress, are concerned that the U.S. military faces a readiness crisis. The Department of Defense has used readiness as a central justification for its FY2017 and FY2018 funding requests. Yet what makes the U.S. military ready is debated.
This report explains how differing uses of the term readiness cloud the debate on whether a readiness crisis exists and, if so, what funding effort would best address it.
CRS has identified two principal uses of the term readiness. One, readiness is used in a broad sense to...
Financial Regulatory Relief: Approaches for Congress, Regulators, and the Administration
The 2007-2009 financial crisis led to significant changes in financial regulation, but critics argue that the burden these changes have imposed now exceeds their benefits. Congress and the Administration are considering financial regulatory relief from various postcrisis regulatory changes, including the Dodd-Frank Act (P.L. 111-203). This report provides an overview of the options available to pursue that goal.
Approaches for Congress
Congress can mandate that regulators provide relief through legislation. Most relief legislation likely would follow the normal legislative process. For...
United Kingdom Election Result
The United Kingdom (UK) election of June 8, 2017, resulted in a hung parliament, an outcome in which no single party won a majority of seats in the 650-seat House of Commons. With 318 seats, the Conservative Party came in first place but lost the majority it had held after winning 331 seats in the 2015 election. The Labour Party came in second place, outperforming most expectations by winning 262 seats, a gain of 30.
Conservative-Led Minority Government Expected to Carry On
The Conservative Party currently is expected to continue leading the UK government, with Prime Minister Theresa May...
The President’s FY2018 Budget Request for the National Science Foundation
The Trump Administration released the FY2018 Budget Request to Congress for the National Science Foundation (NSF) on May 23, 2017, proposing significant funding reductions across the agency’s major research, education, and construction accounts. Overall, the request includes $6.653 billion for NSF, $819 million (11%) below the FY2017 enacted amount of $7.472 billion (P.L. 115-31). If funded at the requested level, NSF appropriations would be the lowest since FY2002 in inflation-adjusted (constant) dollars (Figure 1). Ultimately, Congress will determine FY2018 appropriations levels and may...
Social Security Administration (SSA): FY2017 Appropriations and Recent Trends
The Social Security Administration (SSA) is responsible for administering a number of federal entitlement programs that provide income support (cash benefits) to qualified individuals. These programs are Old-Age, Survivors, and Disability Insurance (OASDI), commonly known as Social Security; Supplemental Security Income (SSI) for the Aged, Blind, and Disabled; and Special Benefits for Certain World War II Veterans. In FY2017, SSA’s programs are projected to pay a combined $1 trillion in federal benefits to an estimated 68.4 million individuals. The cost to administer these programs is...
Short-Term, Small-Dollar Lending: Policy Issues and Implications
Short-term, small-dollar loans are consumer loans with relatively low initial principal amounts (often less than $1,000) with relatively short repayment periods (generally for a small number of weeks or months). Short-term, small-dollar loan products are frequently used to cover cash-flow shortages that may occur due to unexpected expenses or periods of inadequate income. Small-dollar loans can be offered in various forms and by various types of lenders. Banks and credit unions (depositories) can make small-dollar loans through financial products such as credit cards, credit card cash...
Legislative Branch: FY2017 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The FY2017 legislative branch budget request of $4.659 billion was submitted on February 9, 2016. By law, the President includes the legislative branch...
The Financial CHOICE Act (H.R. 10) and the Dodd-Frank Act
Representative Jeb Hensarling, chairman of the House Committee on Financial Services, introduced the Financial CHOICE Act of 2017 (H.R. 10) on April 26, 2017. H.R. 10 was passed by the House on June 8, 2017. The bill as passed is a wide-ranging proposal with 12 titles that would alter many parts of the financial regulatory system. H.R. 10 is similar to, but has several major differences from, H.R. 5983 from the 114th Congress (called the Financial CHOICE Act of 2016).
The next section highlights major proposals included in the bill, as passed. It is not a comprehensive summary. For a more...
Financial Services and General Government (FSGG) FY2017 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodity Futures Trading Commission (CFTC) is funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate. This structure has existed since the 2007 reorganization of the House and Senate Committees on Appropriations.
On...
FY2018 Defense Budget Request: The Basics
The President’s FY2018 budget request includes $677.1 billion for national defense (budget function 050), of which $646.9 billon is allocated for the DOD (budget subfunction 051). The funding request for national defense discretionary spending ($602.9 billion) is $54 billion—or 9%—above the FY2018 limit imposed on discretionary defense spending by the Budget Control Act of 2011 (BCA/P.L. 112-25).
Of the DOD total, $574.5 billion covers the base, discretionary spending. An additional $64.6 billion of the DOD total is to support Overseas Contingency Operations (OCO). These operations include...
What is the Proposed U.S.-EU Insurance Covered Agreement?
On January 13, 2017, the United States and European Union (EU) concluded negotiations on the first insurance covered agreement. A covered agreement is a relatively new form of international agreement, established along with the Federal Insurance Office (FIO) in Title V of the Dodd-Frank Act (P.L. 111-203). The statute defines a covered agreement as a type of international insurance or reinsurance agreement for recognition of prudential measures that FIO and the United States Trade Representative (USTR) negotiate on a bilateral or multilateral basis. After such an agreement, FIO has...
The ACA Prevention and Public Health Fund: In Brief
SUPPRESS: Section 4002 of the Affordable Care Act (ACA, P.L. 111-148, as amended), Prevention and Public Health Fund (PPHF) a permanent annual appropriation to be administered by the Secretary of Health and Human Services (HHS). PPHF was intended to support an “expanded and sustained national investment in prevention and public health programs.” (42 U.S.C. 300u-11)
PPHF amounts for each fiscal year are available to the Secretary of HHS beginning October 1, the start of the respective fiscal year. Congress may explicitly direct the distribution of PPHF funds, and did so for FY2014 through...
European Security and Islamist Terrorism
The June 3, 2017, attack in London—in which 8 people were killed and nearly 50 injured—was the third terrorist incident in the United Kingdom in the past few months. Five people were killed outside the UK parliament in March in a similar car and knife attack, and in May, a suicide bomber killed 22 people and wounded 116 at a music concert in Manchester. These incidents are among a string of terrorist attacks in Europe connected to or inspired by violent Islamist extremism, with many since 2014 linked to the Islamic State group (also known as ISIS or ISIL). (For more information, see CRS In...
U.S. Foreign Aid to the Middle East and North Africa: The President’s FY2018 Request
As the largest regional recipient of U.S. economic and security assistance, the Middle East and North Africa (MENA) region is perennially a major focus for Congress. Figure 1. FY2018 Foreign Operations Request, by Region / Source: Data for this figure is from FY2018 budget roll-out documents provided by the State Department. It does not include administrative funds, MCC, humanitarian assistance, or food aid. Note: WH = Western Hemisphere; SCA = South Central Asia; EE = Europe and Eurasia; EAP = East Asia and Pacific. For FY2018, the Trump Administration proposes to cut 12% of overall...
Quorum Requirements in the Senate: Committee and Chamber
Quorum Requirements in Committee. Senate Rule XXVI establishes minimum quorum requirements for four areas of committee activity. These are listed in the following table.
Child Welfare Funding in Brief: FY2017 Final Funding and the President’s FY2018 Request
Child welfare; President’s FY2018 budget; final FY2017 appropriations; H.R. 244, P.L. 115-31; Title IV-E, foster care, kinship guardianship assistance, adoption assistance; Title IV-B, Child Welfare Services, Promoting Safe and Stable Families (PSSF), Court Improvement Program (CIP), Regional Partnership Grants (RPG); Child Abuse Prevention and Treatment Act (CAPTA); Adoption Opportunities; Adoption and Legal Guardianship Incentive Payments; Chafee Foster Care Independence Program (CFCIP), Educational and Training Vouchers (ETVs), Victims of Child Abuse Act, Court Appointed Special...
Two Different Budget Requests for CFTC?
The Trump Administration released its first full budget request on May 23, 2017, for FY2018. Like other recent presidential budget requests, it includes an Appendix chapter for independent agencies such as the Commodity Futures Trading Commission (CFTC). Notably, the Trump Administration’s budget request for CFTC does not equal the amount requested directly by the agency in its budget justification submitted to Congress. Specifically:
The Trump Administration’s FY2018 request for CFTC is $250 million.
CFTC’s Budget Justification submitted to Congress...
Implementation of Toxic Substances Control Act (TSCA) Amendments (P.L. 114-182)
Since President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182) on June 22, 2016, the U.S. Environmental Protection Agency (EPA) has been implementing the act’s amendments to Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601-2629). TSCA as amended establishes a framework to identify commercial chemicals that present unreasonable risks and to regulate the product life cycle of a chemical (i.e., manufacture or importation, processing, distribution, use, and disposal) so that it no longer presents unreasonable risk. Nearly one year...
Federal Research and Development Funding: FY2017
President Obama’s budget request for FY2017 included $152.333 billion for research and development (R&D), an increase of $6.195 billion (4.2%) over the estimated FY2016 enacted R&D funding level of $146.138 billion.
Funding for R&D is concentrated in a few departments and agencies. Under President Obama’s FY2017 budget request, seven federal agencies would have received 95.6% of total federal R&D funding, with the Department of Defense (47.8%) and the Department of Health and Human Services (21.5%) accounting for nearly 70% of all federal R&D funding.
In dollars, the largest increases in...
Treasury Department Appropriations, FY2017
At its most basic level of organization, the Treasury Department is a collection of departmental offices and operating bureaus. The bureaus as a whole typically account for 95% of Treasury’s budget and workforce. Most bureaus and offices are funded through annual appropriations.
Treasury appropriations are distributed among 12 accounts in FY2017: (1) Departmental Offices (DO), (2) Office of Terrorism and Financial Intelligence (TFI), (3) Cybersecurity Enhancement Account (CEA), (4) Department-wide Systems and Capital Investments Program (DSCIP), (5) Office of Inspector General (OIG), (6)...
The President’s FY2018 Budget Request for the Department of Energy
Overview
The President’s fiscal year (FY) 2018 budget request, Budget of the U.S. Government: A New Foundation for American Greatness, includes $28.0 billion for the Department of Energy (DOE), $2.7 billion (8.8%) less than the FY2017 enacted appropriations of $30.7 billion (see P.L. 115-31 and Division D Explanatory Statement). While this request would reduce the total budget for DOE, it would increase overall funding for the National Nuclear Security Administration (NNSA) and increase funding for cleanup programs within the Office of Environmental Management. The request would reduce...
Ransomware Attacks Renew Focus on HIPAA Security Standards
Health care facilities increasingly are coming under cyberattack. This trend has raised concerns about the vulnerability of electronic health information, which often includes multiple personal identifiers. These can be used by hackers to create false identities for illegal purposes such as creating fraudulent insurance claims.
But health care cybersecurity involves more than just safeguarding patient data from identity theft. Hackers are now using ransomware to attack hospitals and other health care facilities in an effort to extort money by disrupting their operations.
Ransomware is a...
Department of Housing and Urban Development (HUD): FY2018 Budget Request Fact Sheet
Overview of FY2018 President’s Budget request for the Department of Housing and Urban Development (HUD).
The President’s FY2018 Budget Request for Agriculture Appropriations and the Farm Bill
Background
The Trump Administration released its first full budget request on May 23, 2017. It proposes specific amounts for the FY2018 Agriculture appropriation as well as legislative changes to various mandatory spending programs, including those in the farm bill.
The Administration’s budget outline, released on March 16, 2017, proposed an overall 21% reduction for the U.S. Department of Agriculture, and it mentioned seven specific discretionary programs for elimination or reduction. It did not address any mandatory spending proposals. (See CRS Insight IN10675, The President’s FY2018...
Malawi: Key Developments and U.S. Relations
Malawi is a poor, landlocked country in southeastern Africa. A former British colony, Malawi transitioned from one-party rule to a democratic system in the early 1990s. It has since held a series of multi-party elections—though the most recent polls, held in 2014, featured some logistical shortcomings, limited violence, and a number of controversies, including a failed attempt by then-incumbent President Joyce Banda to annul the election. The race was ultimately won by Peter Mutharika, whose brother, Bingu wa Mutharika, served as president from 2004 until his death in 2012, when he was...
SAMHSA FY2018 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities, such as technical assistance, data collection,...
Burma’s Second 21st Century Panglong Peace Conference
Burma’s second “21st Century Panglong Peace Conference,” held in Burma’s capital, Naypiytaw, on May 24-29, 2017, adjourned with mixed results. Some observers had hoped the conference could make significant progress toward ending Burma’s six-decade long, low-grade civil war. While it succeeded in bringing new ethnic armed organizations (EAOs) into the discussions, some EAOs who had attended the first conference (held last autumn) did not participate. The NLD-led government, the Burmese military (or Tatmadaw), and the eight EAOs that signed the so-called “nationwide ceasefire agreement”...
Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes
An essential element of the federal government’s acquisition system is the capability to identify the businesses, and other types of entities, that do work for the government. Accurate identification of potential contractors and incumbent contractors facilitates a host of procurement processes while contributing to the transparency of federal government procurement.
The federal government uses a proprietary system, Dun & Bradstreet’s (D&B’s) Data Universal Numbering System (DUNS), to uniquely identify the entities with which it does business. At no cost to the applicant, D&B assigns a DUNS...
U.S. Carbon Dioxide Emissions Trends and Projections: Role of the Clean Power Plan and Other Factors
Recent international negotiations and domestic policy developments have generated interest in current and projected U.S. greenhouse gas (GHG) emission levels. GHG emissions are generated throughout the United States from millions of discrete sources. Of the GHG source categories, carbon dioxide (CO2) emissions from fossil fuel combustion account for the largest percentage (77%) of total U.S. GHG emissions. The electric power sector contributes the second-largest percentage (35%) of CO2 emissions from fossil fuel combustion (1 percentage point behind the transportation sector).
In December...
FY2017 Appropriations for the Department of Justice Grant Programs
Each year Congress provides funding for a variety of grant programs through the Department of Justice (DOJ). These programs are used to fund state, local, and tribal governments and nonprofit organizations for a variety of criminal justice-related purposes, such as efforts to combat violence against women, reduce backlogs of DNA evidence, support community policing, assist crime victims, promote prisoner reentry, and improve the functioning of the juvenile justice system. Congress funds these programs through five accounts in the annual Commerce, Justice, Science, and Related Agencies...
FY2017 Appropriations for the Department of Justice
The Department of Justice (DOJ) was established in 1870 with the Attorney General as its leader. Since its creation, DOJ has grown to add additional agencies, components, offices, boards, and divisions. DOJ, along with the judicial branch, operates the federal criminal justice system. Today, the department enforces federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws. DOJ, through agencies such as the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives...
Congress enacted the President John F. Kennedy Assassination Records Collection Act of 1992 (JFK Records Act), as amended, to bring together all materials related to the November 22, 1963, assassination of the 35th President that were created or held by a government office, and to house those records in a single collection in the National Archives and Records Administration (NARA). Today, NARA reports that there are 268,116 records comprising more than 5 million pages of paper documents in the President John F. Kennedy Assassination Records Collection. Of those, NARA states that...
East Asia’s Foreign Exchange Rate Policies
According to the International Monetary Fund (IMF), monetary authorities in East Asia (including Southeast Asia) have adopted a variety of foreign exchange rate policies, varying from Hong Kong’s currency board system which links the Hong Kong dollar to the U.S. dollar, to the “independently floating” exchange rates of Japan, the Philippines, and South Korea. Most Asian monetary authorities have adopted “managed floats” that allow their currency to fluctuate within a limited range over time as part of a larger economic policy. Regardless of their exchange rate policies, monetary...
H.R. 1628: The American Health Care Act (AHCA)
In January 2017, the House and Senate adopted a budget resolution for FY2017 (S.Con.Res. 3), which reflects an agreement between the chambers on the budget for FY2017 and sets forth budgetary levels for FY2018-FY2026. S.Con.Res. 3 also includes reconciliation instructions directing specific committees to develop and report legislation that would change laws within their respective jurisdictions to reduce the deficit. These instructions trigger the budget reconciliation process, which may allow certain legislation to be considered under expedited procedures. The reconciliation instructions...
State, Foreign Operations and Related Programs: FY2017 Budget and Appropriations
On May 5, 2017, President Trump signed the Consolidated Appropriations Act, 2017, into law (P.L. 115-31). The law sets funding for the Department of State, Foreign Operations, and Related Programs (SFOPS) at $57.53 billion for the FY2017 full-year. This level represents an increase of 8.8% above the estimated FY2016 funding level, all due to a 40% increase in Overseas Contingency Operations (OCO) funds.
More than a year ago, on February 9, 2016, the Obama Administration submitted to Congress its original FY2017 budget request for SFOPS totaling $52.78 billion (-0.1% compared with the...
Overview of FY2017 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Administration and Congress to provide FY2017 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2016 appropriations for agencies and bureaus funded as part of annual CJS appropriations.
Division B of the Consolidated Appropriations Act, 2016 (P.L. 114-113), provided $66.000 billion for CJS, which included $9.246 billion for the Department of Commerce, $29.090 billion for the Department of Justice (DOJ), $26.754 billion for the science agencies, and $910 million for the related...
President’s FY2018 Budget Proposes Cuts in Public Health Service (PHS) Agency Funding
The President’s FY2018 budget proposes significant reductions in funding for the Public Health Service (PHS) agencies within the Department of Health and Human Services. The budget reflects the PHS agency funding priorities outlined in the budget blueprint released in March. Among other things, the President’s budget would cut funding for medical research, public health prevention programs, and mental health services.
The proposed cuts are to discretionary funding, which is controlled through the annual appropriations process. PHS agencies also receive funding from various mandatory...
The North American Free Trade Agreement (NAFTA)
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994. The agreement was signed by President George H. W. Bush on December 17, 1992, and approved by Congress on November 20, 1993. The NAFTA Implementation Act was signed into law by President William J. Clinton on December 8, 1993 (P.L. 103-182). The overall economic impact of NAFTA is difficult to measure since trade and investment trends are influenced by numerous other economic variables, such as economic growth, inflation, and currency fluctuations. The agreement likely accelerated and also locked in...
Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees
Congress addresses numerous issues related to the nation’s water resources annually, and over time it has enacted hundreds of water-related federal laws. These laws—many of which are independent statutes—have been enacted at different points in the nation’s history and during various economic climates. They were developed by multiple congressional committees with varying jurisdictions. Such committees are involved in legislating, funding, and overseeing the water-related activities of numerous federal agencies. These activities include responding to natural disasters such as droughts and...
Tracking the Next Child Nutrition Reauthorization: An Overview
The “child nutrition programs” (National School Lunch Program [NSLP] and certain other institutional food service programs) and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) were last reauthorized by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296). Some of the authorities created or extended in the last reauthorization law expired on September 30, 2015, but the vast majority of operations and activities continue because appropriations laws continued funding.
In the 114th Congress, both committees of jurisdiction—the Senate Committee on...
The United States Withdraws from the TPP
On January 23, President Trump directed the United States Trade Representative (USTR) to withdraw the United States as a signatory to the Trans-Pacific Partnership (TPP) agreement; the acting USTR gave notification to that effect on January 30. The TPP is a proposed free trade agreement (FTA), signed by the United States and 11 Asia-Pacific countries on February 4, 2016. The agreement requires ratification by the member countries before it can become effective. Implementing legislation, the vehicle for U.S. ratification, was not submitted by the President or considered by Congress, in part...
Election and Implications
Iranians went to the polls on May 19, 2017, to vote for president and municipal officials countrywide amid tensions between Iran and the United States. With a 73% turnout of eligible voters, Iran’s Interior Ministry declared the incumbent President Hassan Rouhani the winner late on May 19, winning 57% of the vote to that of his strongest competitor, Ibrahim Raisi, who garnered 38% of the vote. Remaining candidates and invalid votes accounted for the remainder.
In 2013, Rouhani received 50.7% of the votes, narrowly avoiding a run-off in a divided field that...
North American Free Trade Agreement: Notification for Renegotiation
On May 18, 2017, the Trump Administration sent a 90-day notification to Congress of its intent to begin talks with Canada and Mexico to renegotiate the North American Free Trade Agreement (NAFTA) (see CRS In Focus IF10047, North American Free Trade Agreement (NAFTA)). Under U.S. Trade Promotion Authority (TPA) (P.L. 114-26), the President must consult with Congress before giving the required 90-day notice of his intention to start negotiations (see CRS In Focus IF10297, TPP-Trade Promotion Authority (TPA) Timeline). Newly confirmed U.S. Trade Representative (USTR), Ambassador Robert...
The National Telecommunications and Information Administration (NTIA), an agency of the Department of Commerce, is the executive branch’s principal advisory office on domestic and international telecommunications and information policies. Its statutory mission includes providing greater access for all Americans to telecommunications services; supporting U.S. efforts to open foreign markets; advising the President on international telecommunications negotiations; and funding research for new technologies and their applications. It is also responsible for managing spectrum use by federal...
NATO Funding and Burdensharing
President Donald Trump is scheduled to meet with NATO heads of state and government in Brussels on May 25, 2017. This will be the President’s first collective meeting with his counterparts from NATO’s other 27 member states. President Trump is expected to continue to strongly urge NATO members to increase defense spending and enhance military capabilities.
For numerous reasons—not least the United States’ status as the world’s preeminent military power—U.S. defense spending levels long have been significantly higher than those of any other NATO ally. Since NATO’s founding, successive U.S....
Additional Troops for Afghanistan? Considerations for Congress
The Trump Administration is reportedly considering proposals to deploy additional ground forces to Afghanistan and somewhat broaden their mission. These forces would likely be part of the Resolute Support Mission (RSM), the ongoing NATO mission to train and support Afghan security forces. In testimony before the Senate Armed Services Committee on February 9, 2017, General John Nicholson, Commander U.S. Forces–Afghanistan, noted based on a mission review that he had adequate forces for the U.S. counterterrorism mission but there was “a shortfall of a few thousand troops” for RSM if a...
Federal Health Centers: An Overview
The federal Health Center Program is authorized in Section 330 of the Public Health Service Act (PHSA) (42 U.S.C. §254b) and administered by the Health Resources and Services Administration (HRSA) within the Department of Health and Human Services. The program awards grants to support outpatient primary care facilities that provide care to primarily low-income individuals or individuals located in areas with few health care providers.
Federal health centers are required to provide health care to all individuals, regardless of their ability to pay, and to be located in geographic areas with...
Reid Vapor Pressure Requirements for Ethanol
Legislation has been introduced in Congress (H.R. 1311, S. 517) that would give ethanol-gasoline fuel blends containing greater than 10% ethanol (e.g., E15, an ethanol-gasoline fuel blend of 15% ethanol and 85% gasoline) a waiver from the Clean Air Act (CAA) requirement that gasoline meet strict limits on volatility. At present, E15 cannot be sold during summer months because it does not meet the Reid Vapor Pressure (RVP) requirements for the summer ozone season (generally June 1-September 15). This waiver could be a favorable development to some stakeholders that want increased market...
Enrollment of Legislation: Relevant Congressional Procedures
An enrolled bill or resolution is the form of a measure finally agreed to by both chambers of Congress. Enrollment occurs in the chamber where the measure originated and is carried out by enrolling clerks under the supervision of the Clerk of the House of Representatives and Secretary of the Senate. Enrolled bills and joint resolutions are signed by the presiding officers of each chamber (or their designees) and are presented to the President by the House Clerk or Secretary of the Senate, depending on the chamber of origination.
In instances in which Congress determines that the enrolled...
The 2006 U.S.-Canada Softwood Lumber Trade Agreement (SLA): In Brief
Softwood lumber imports from Canada have been a persistent concern to Congress for decades. Canada is an important trading partner, but lumber production is a significant industry in many states, and the U.S. lumber producers are a powerful economic influence. U.S. lumber producers claim that they are at an unfair competitive disadvantage in the domestic market against Canadian lumber producers because of Canada’s timber pricing policies. This has resulted in five major disputes (so-called “lumber wars”) between the United States and Canada since the 1980s.
Tension between the United...
Fact Sheet: FY2017 National Defense Authorization Act (NDAA) DOD Reform Proposals
This fact sheet offers Members a side-by-side comparison of key Department of Defense (DOD) reform proposals that were considered during the FY2017 National Defense Authorization Act debates, along with proposals that were eventually enacted. As such, it includes key provisions incorporated in H.R. 4909, the FY2017 National Defense Authorization Act (NDAA) reported by the House Armed Services Committee on May 4, 2016 (H.Rept. 114-537); S. 2943, the FY2017 National Defense Authorization Act reported by the Senate Armed Services Committee on May 18, 2016 (S.Rept. 114-255); and S. 2943, the...
Buying American: Protecting U.S. Manufacturing Through the Berry and Kissell Amendments
The Berry and Kissell Amendments are two separate but closely related laws requiring that certain goods purchased by national security agencies be produced in the United States.
The Berry Amendment (10 U.S.C. §2533a) is the popular name for a law requiring textiles, clothing, food, and hand or measuring tools purchased by the Department of Defense (DOD) to be grown, reprocessed, reused, or produced wholly in the United States. Congress over the decades has varied the list of products covered by the law. Under the Kissell Amendment (6 U.S.C. §453b), textile, apparel, and footwear products...
Malaysia: Background and U.S. Relations
Malaysia, an ethnically diverse majority Muslim nation in Southeast Asia, has long been a partner in U.S. security and economic initiatives in the region, although political sensitivities in Malaysia have constrained both sides from forging deeper ties. Bilateral relations have improved over the past decade. Prime Minister Najib Razak, who came to power in 2009, made relations with the United States a priority early in his administration. More recently he has moved to deepen trade and economic ties with China. Congress has shown interest in a variety of issues in U.S.-Malaysia relations...
A Little Old, a Little New: The Cybersecurity Executive Order
The President signed Executive Order 13800 (EO) on May 11, 2017, titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” Combined with the President’s budget blueprint and recent EO establishing the American Technology Council, these documents lay out the Administration’s policy agenda concerning national cybersecurity—which to date focuses on improving federal information technology (IT) systems. The proposals contained in the EO echo proposals from the previous Administration and recent legislative activity.
Federal Network Cybersecurity
The new EO...
Recent debates about federal funding for the Planned Parenthood Federation of America (PPFA) and its affiliated health centers (PPAHCs) have raised questions about the services that PPAHCs provide and the availability of alternative facilities to provide similar services to disadvantaged populations. This report provides background information and data that may be useful for policymakers evaluating these recent debates. Although a number of other facility types could potentially provide similar services as PPAHCs, this report focuses on federally qualified health centers (FQHCs)—a term...
The National Science Foundation: FY2017 Appropriations and Funding History
The National Science Foundation (NSF) supports both basic research and education in the non-medical sciences and engineering. NSF is a major source of federal support for U.S. university research, especially in certain fields such as mathematics and computer science. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.
Overall, the Obama Administration sought $7.964 billion for NSF in FY2017, a $501 million (6.7%) increase over the FY2016 estimate of $7.463...
Senate Unanimous Consent Agreements: Potential Effects on the Amendment Process
The Senate frequently enters into unanimous consent agreements (also called “UC agreements”) that establish procedure on a bill that the Senate is considering or will soon consider. There are few restrictions on what these agreements can provide, and once agreed to, they can be altered only by a further unanimous consent action. In recent practice, the Senate often begins by adopting a general UC agreement, then adds elements in piecemeal fashion as debate continues. UC agreements often contain provisions affecting the floor amending process, most often in one or more of the ways detailed below.
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations
The crux of a presidential transition is the transfer of executive power from the incumbent to the President-elect. Yet the transition process encompasses a host of activities, beginning with pre-election planning and continuing through inauguration day. The process ensures that the federal government provides resources to presidential candidates’ transition teams, and, eventually, the President-elect’s team; and includes close coordination between the outgoing and incoming Administrations. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to...
OPEC and Non-OPEC Crude Oil Production Agreement: Compliance Status
Founded in 1960 by Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela, the Organization of the Petroleum Exporting Countries (OPEC) currently has 13 member countries that represent approximately 40% of global oil (e.g., crude oil, condensate, natural gas liquids) production. OPEC can influence global oil prices through coordinated production decisions that can impact the global oil market supply and demand balance. Additionally, through statements and announcements, OPEC and member countries can affect oil market sentiment that can influence oil prices.
Oil supply decisions by OPEC and its...
Background and Federal Efforts on Summer Youth Employment
Labor force activity for youth ages 16 to 24 has been in decline since the late 1990s. This trend has been consistent even during the summer months, when youth are most likely to be engaged in work. Labor force data from the month of July highlight changes in summer employment over time. For example, the employment rate—known as the employment to population (E/P) ratio—for youth was 64.1% in July 1996 and 53.2% in July 2016. Congress has long been concerned about ensuring that young people have productive pathways to adulthood, particularly for those youth who are low-income and have...
The Speaker of the House: House Officer, Party Leader, and Representative
The Speaker of the House of Representatives is widely viewed as symbolizing the power and authority of the House. The Speaker’s most prominent role is that of presiding officer of the House. In this capacity, the Speaker is empowered by House rules to administer proceedings on the House floor, including recognition of Members to speak on the floor or make motions and appointment of Members to conference committees. The Speaker also oversees much of the nonlegislative business of the House, such as general control over the Hall of the House and the House side of the Capitol and service as...
Air Traffic Inc.: Considerations Regarding the Corporatization of Air Traffic Control
Over the past 40 years, Congress has intermittently considered proposals to establish a government corporation or private entity to carry out air traffic functions currently provided by the Federal Aviation Administration (FAA). While the issue had been relatively dormant since a proposal offered by the Clinton Administration in the 1990s failed to gain the support of Congress, interest reemerged following budget sequester-related funding cuts to FAA in FY2013. In the 114th Congress, the House Transportation and Infrastructure Committee ordered H.R. 4441, an FAA reauthorization bill that...
Regulation of Debit Interchange Fees
The United States has seen continued growth of electronic card payments (and a simultaneous decrease in check payments). From 2009 through 2012, debit card transactions have outpaced other payment forms. When a consumer uses a debit card in a transaction, the merchant pays a “swipe” fee, which is also known as the interchange fee. The interchange fee is paid to the card-issuing bank (i.e., the consumer’s bank that issued the debit card) as compensation for facilitating the transaction. Section 1075 of the Consumer Financial Protection Act of 2010 (or Title X of the Dodd-Frank Wall Street...
Judiciary Appropriations, FY2017
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) Appropriations bill. The bill provides funding for the Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S. Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2017 budget request of $7.58 billion was submitted on...
The Electoral College: How It Works in Contemporary Presidential Elections
When Americans vote for a President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the electoral college system are responsible for election of the President and Vice President.
The 2016 presidential contest was noteworthy for the first simultaneous occurrence in presidential election history of four rarely occurring electoral college eventualities. These included (1) the election of a President and Vice...
Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to non-compliance with a duly issued congressional subpoena—whether in the form of a refusal to appear before a committee for purposes of...
Cost-Benefit Analysis and Financial Regulator Rulemaking
Cost-benefit analysis (CBA) in the federal rulemaking process is the systematic examination, estimation, and comparison of the potential economic costs and benefits resulting from the promulgation of a new rule. Agencies with rulemaking authority implement regulations that carry the force of law. While this system allows technical rules to be designed by experts that are to some degree insulated from political considerations, it also results in rules being implemented by executive branch staff that arguably are not directly accountable to the electorate.
One method for Congress to...
In 2016, the U.S. Environmental Protection Agency (EPA) and the Bureau of Land Management (BLM) promulgated separate regulations intended to control “methane emissions” at crude oil and natural gas production facilities. Some stakeholders have argued that the EPA and BLM rules are duplicative and outside of the agencies’ statutory authorities. The BLM rule was eligible for consideration under the Congressional Review Act, and on February 3, 2017, the House passed a joint resolution of disapproval (H.J.Res. 36) to repeal it. The Senate rejected the motion to proceed to H.J.Res. 36 on May...
Selected Homeland Security Issues in the 115th Congress
In 2001, in the wake of the terrorist attacks of September 11th, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to a broadly discussed issue among policymakers, including those in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296) and the establishment of the Department of Homeland Security (DHS). Evolution of America’s response to terrorist threats has continued under the leadership of different Administrations,...
FY2017 Agriculture and Related Agencies Appropriations: In Brief
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC). (For CFTC, the Agriculture appropriations subcommittee has jurisdiction in the House but not in the Senate.)
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development, since mandatory amounts are generally set by authorizing laws such as the...
Administration of the William D. Ford Federal Direct Loan Program
The William D. Ford Federal Direct Loan (Direct Loan) program, authorized under Title IV, Part D of the Higher Education Act of 1965 (HEA), is the primary federal student loan program. It makes available loans to undergraduate and graduate students and the parents of dependent undergraduate students to help them finance postsecondary education expenses. As of the end of FY2016, there was approximately $949.1 billion in outstanding Direct Loan program loans. Direct Loan program administrative expenses totaled approximately $771 million in FY2016.
Under the Direct Loan program, the federal...
Congress is deeply divided over implementation of the Affordable Care Act (ACA), the health reform law enacted in March 2010. Since the ACA’s enactment, lawmakers opposed to specific provisions in the ACA or the entire law have repeatedly debated its implementation and considered bills to repeal, defund, delay, or otherwise amend the law.
In addition to considering ACA repeal or amendment in authorizing legislation, some lawmakers have used the annual appropriations process in an effort to eliminate funding for the ACA’s implementation and address other aspects of the law. ACA-related...
USDA Announces Plans to Modify School Meal Nutrition Standards: Background and Context
On May 1, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) plans to make changes to nutrition standards for the National School Lunch Program and School Breakfast Program; he also signed a proclamation to this effect. The proclamation describes plans to relax whole grain, sodium, and milk requirements but does not mention changes to other aspects of the meals’ nutrition standards. The current standards were largely finalized via regulation in 2012 in accordance with the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296) and were championed...
In late 2015, health officials in Brazil recognized a marked increase in the number of infants born with microcephaly (from Greek, meaning “small head”), a birth defect that may accompany significant, permanent brain damage. Although not conclusive, the increase in microcephaly is suspected to be related to the emergence of Zika virus infections in Brazil early in 2015.
Zika virus is related to the viruses that cause yellow fever, dengue, West Nile, and Japanese encephalitis viruses. Historically Zika virus was found in Africa. Since 2007, Zika transmission has also occurred in Southeast...
The Meaning of “Made in U.S.A.”
Numerous provisions in federal law are intended to support manufacturing in the United States. Almost without exception, these provisions define manufacturing as the process of physically transforming goods. Physical transformation involves what might be thought of as traditional manufacturing activities such as molding, cutting, and assembly. These laws establish a variety of potential benefits, preferences, or penalties based on the country in which physical transformation occurs. On April 18, 2017, President Trump issued an executive order directing federal agencies to ensure that...
Southeast Asia is home to more than 625 million people and around 15% of the world’s Muslim population. The region has faced the threat of terrorism for decades, but threats in Southeast Asia have never been considered as great as threats in some other regions. However, the rise of the Islamic State poses new, heightened challenges for Southeast Asian governments and for U.S. policy towards the region.
Southeast Asia has numerous dynamic economies and three Muslim-majority states, including the world’s largest Muslim-majority nation, Indonesia, which also is the world’s third largest...
Review of Offshore Energy Leasing: President Trump’s Executive Order
On April 28, 2017, President Trump issued an executive order (E.O.) on U.S. offshore energy strategy. The E.O. declares a policy goal of fostering U.S. energy leadership and energy security by encouraging energy development, while ensuring that activities are safe and environmentally responsible. In support of this goal, the E.O.
directs the Secretary of the Interior to review and consider revising the federal offshore oil and gas leasing schedule and other policies established by the Obama Administration and
modifies earlier presidential withdrawals of offshore areas from leasing...
Emerging Infectious Disease: Yellow Fever in Brazil
Introduction
Yellow fever is a disease transmitted by mosquitoes endemic in 47 countries across sub-Saharan Africa and South America (see Figure 1). Roughly 90% of annual yellow fever cases typically occur in sub-Saharan Africa. An ongoing yellow fever outbreak in Brazil and the re-emergence of the disease across South America is the latest event highlighting the global threat of emerging infectious diseases (EID). All of the countries in South America that detected cases in 2016 (Bolivia, Brazil, Colombia, Ecuador, Peru, and Suriname) have contained the outbreaks except Brazil. As of May...
Cost and Benefit Considerations in Clean Air Act Regulations
The Clean Air Act (CAA) gives the Environmental Protection Agency (EPA) broad authority to set ambient air quality standards to protect public health and welfare. It authorizes emission standards for both mobile and stationary air pollution sources, including cars, trucks, factories, power plants, fuels, consumer products, and dozens of other source categories. Since 1970, EPA has used this authority to require emission controls for these sources. Emissions of the most widespread (“criteria”) pollutants have been reduced by 72% during that period.
As directed by Congress and by executive...
The National Oceanic and Atmospheric Administration’s (NOAA’s) National Weather Service (NWS) manages two tsunami warning centers, which monitor, detect, and issue warnings for tsunamis. The NWS operates the Pacific Tsunami Warning Center (PTWC) at Ford Island, HI, and the National Tsunami Warning Center (NTWC) at Palmer, AK. The tsunami warning centers monitor and evaluate data from seismic networks and determine if a tsunami is likely based on the location, magnitude, and depth of an earthquake. The centers monitor relevant water-level data, typically with tide-level gauges, and data...
Congress divides its legislative, oversight, and internal administrative tasks among more than 200 committees and subcommittees. Within assigned areas, these functional subunits gather information; compare and evaluate legislative alternatives; identify policy problems and propose solutions; select, determine, and report measures for full chamber consideration; monitor executive branch performance (oversight); and investigate allegations of wrongdoing.
Trade Implications of the President’s Buy American Executive Order
With the April 18, 2017, issuance of President Trump’s Executive Order on Buy American and Hire American, U.S. procurement obligations with 57 countries under the World Trade Organization (WTO) Government Procurement Agreement (GPA), the North American Free Trade Agreement (NAFTA), and other U.S. free trade agreements (FTAs) are coming under scrutiny. Some may question whether the order, when implemented, could conflict with current U.S. obligations under these agreements. More specifically, could the EO run counter to U.S. policy on government procurement, which generally seeks to balance...
Revitalizing Coastal Shipping for Domestic Commerce
In recent years, domestic shipborne commerce has lost much of its market to other modes. Although potential shipping routes run parallel to congested truck, railroad, and pipeline routes along the Atlantic and Pacific coasts and in the Great Lakes region, the volume of cargo carried by domestic ships has declined by 61% since 1960, while the volume carried by other modes, including river barges, has more than doubled. Use of domestic ships has retreated to routes where overland modes are not available, such as between Hawaii, Puerto Rico, and Alaska and the U.S. mainland, and where oil...
The Strategic Petroleum Reserve: Authorization, Operation, and Drawdown Policy
Congress authorized the Strategic Petroleum Reserve (SPR) in the Energy Policy and Conservation Act (EPCA) of 1975 to help prevent a repetition of the economic disruption caused by the 1973-1974 Arab oil embargo. EPCA specifically authorizes the President to draw down the SPR upon a finding that there is a “severe energy supply interruption.” The meaning of a “severe energy supply interruption” has, over time, been controversial. The authors of EPCA intended the SPR only to ameliorate discernible physical shortages of crude oil. Historically, increasing crude oil prices typically signal...
Economists generally agree that government support for private investment in research and development (R&D) is useful in correcting a market failure that predisposes most companies to invest less for that purpose than the overall economic benefits from R&D investments would warrant. The market failure stems from a company’s inability to capture all the returns to its R&D investments as a result of the spillover effects of successful R&D investments.
Most governments offer some kind of support for R&D, including tax incentives for business R&D investments. The U.S. government provides a tax...
Executive Order for Review of National Monuments
The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” From 1906 to date, Presidents have established 157 monuments and have enlarged, diminished, or otherwise modified previously proclaimed monuments.
On April 26, 2017, President Trump issued an executive order requiring the Secretary of the...
France’s 2017 Presidential Election: In Brief
French voters will elect France’s next president in a runoff election scheduled for May 7, 2017. They will choose between the top two finishers of the presidential election’s first round, held on April 23—Emmanuel Macron of the centrist En Marche! (Moving Forward) political movement and Marine Le Pen of the far-right, nationalist Front National (National Front).
The presidential campaign has exposed apparent wide-scale public dissatisfaction both with the presidency of outgoing President François Hollande and, more broadly, with a French political establishment perceived by many as...
Unemployment Insurance: Legislative Issues in the 114th Congress
The 114th Congress considered many issues related to unemployment insurance (UI) programs: Unemployment Compensation (UC), the temporary, now-expired Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). This report gives a brief overview of the UI programs that may provide benefits to eligible unemployed workers. In addition, it briefly summarizes the President’s budget proposal for FY2017.
The National Defense Authorization Act for Fiscal Year 2016, P.L. 114-92, altered certain conditions for individuals to receive Unemployment Compensation for Former Servicemembers...
What Does the Gig Economy Mean for Workers?
The gig economy is the collection of markets that match providers to consumers on a gig (or job) basis in support of on-demand commerce. In the basic model, gig workers enter into formal agreements with on-demand companies (e.g., Uber, TaskRabbit) to provide services to the company’s clients. Prospective clients request services through an Internet-based technological platform or smartphone application that allows them to search for providers or to specify jobs. Providers (i.e., gig workers) engaged by the on-demand company provide the requested service and are compensated for the jobs....
Law Enforcement Using and Disclosing Technology Vulnerabilities
There has been increased discussion about law enforcement legally “hacking” and accessing certain information about or on devices or servers. Law enforcement has explored various avenues to discover and exploit vulnerabilities in technology so it may attempt to uncover information relevant to a case that might otherwise be inaccessible. For instance, as people have adopted tools to conceal their physical locations and anonymize their online activities, law enforcement reports that it has become more difficult to locate bad actors and attribute certain malicious activity to specific...
Central Valley Project Operations: Background and Legislation
After five years of drought, rain and snowstorms in Northern and Central California in the winter of 2016-2017 significantly improved water supply conditions in the state in 2017. According to the U.S. Drought Monitor, as of late April 2017, less than 1% of the state was in severe drought conditions. This represents an improvement from one year prior to that date, when 73% of the state was in severe drought conditions, and two years prior, when 92% fell under this designation.
Stress on water supplies due to drought resulted in cutbacks in water deliveries to districts receiving water...
China’s February 2017 Suspension of North Korean Coal Imports
On February 18, 2017, China’s Ministry of Commerce and its General Administration of Customs jointly announced a suspension of China’s imports of coal from North Korea, also known as the Democratic People’s Republic of Korea (DPRK), for the remainder of 2017. The suspension appeared to signal China’s intention to keep its 2017 imports of North Korean coal in line with United Nations restrictions imposed in November 2016 in response to Pyongyang’s continued development of its nuclear and missile programs. China’s announcement came at a time when the Trump Administration was calling on China...
U.S. Physical Infrastructure: CRS Experts
A nation’s physical infrastructure (for example, its transportation, water, energy, and communications systems and structures) serves as arteries for its economic and societal activity. The infrastructure of the United States was considered to be among the finest in the world, as post-World War II growth saw large amounts of investment in much of that infrastructure. Since all infrastructure structures and equipment have a finite useful life, some would say that functionality of U.S. infrastructure has declined over time.
Estimates of cost to meet the needs of the infrastructure sectors...
Mexico’s Free Trade Agreements
Mexico has had a growing commitment to trade integration and liberalization through the formation of free trade agreements (FTAs) since the 1990s, and its trade policy is among the most open in the world. Mexico’s pursuit of FTAs with other countries not only provides economic benefits, but could also potentially reduce its economic dependence on the United States. The United States is, by far, Mexico’s most significant trading partner. Approximately 80% of Mexico’s exports go to the United States, and about 47% of Mexico’s imports are supplied by the United States. In an effort to...
The Greek Debt Crisis: Overview and Implications for the United States
Crisis Overview
Since 2009, Greece has grappled with a serious debt crisis. Most economists believe that Greece’s public debt, 180% of Greek gross domestic product (GDP), is unsustainable. The ramifications of the debt have been felt throughout the Greek economy, which contracted by 25% from its pre-crisis level. A fifth of Greeks are unemployed, with youth unemployment at nearly 50%, and the Greek banking system is unstable. Although other Eurozone governments, the International Monetary Fund (IMF), and the European Central Bank coordinated a substantial crisis response, Greece continues...
Constitutional Points of Order in the Senate
In general, the Senate’s presiding officer does not take the initiative in enforcing Senate rules and precedents. Instead, a Senator may raise a point of order if he or she believes the Senate is taking (or is about to take) an action that violates the rules. In most circumstances, the presiding officer rules on the point of order on advice of the Parliamentarian; that ruling is typically subject to an appeal on which the Senate votes (unless the appeal is tabled or withdrawn). Pursuant to Rule XX, however, in certain circumstances a point of order is not ruled on by the presiding officer...
This Insight provides comparative statistics related to the nomination and confirmation of U.S. circuit and district court judges during the eighth year of two-term presidencies since 1945 (i.e., the Truman, Eisenhower, Reagan, Clinton, George W. Bush, and Obama presidencies). It also provides cumulative comparative statistics for the entire terms of these same six presidencies. Previous CRS research has analyzed final Senate action on judicial nominations during the eighth year of the Reagan, Clinton, and George W. Bush presidencies.
Nominees Confirmed During a President’s Eighth Year
As...
The Senate’s Calendar of Business
The Senate’s Calendar of Business lists bills, resolutions, and other items of legislative business that are eligible for floor consideration. When a Senate committee reports a bill, it is said to be placed “on the calendar.” It is not in order for the majority leader or any other Senator to move that the Senate proceed to the consideration of a measure that is not on the calendar, though the majority leader could ask unanimous consent to do so. A Senate measure that is not on the calendar either has been referred to a committee and is awaiting committee action, or it is being “held at the...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Background and Summary
Beginning in 2007, U.S. financial conditions deteriorated, leading to the near-collapse of the U.S. financial system in September 2008. Major commercial banks, insurers, government-sponsored enterprises, and investment banks either failed or required hundreds of billions in federal support to continue functioning. Households were hit hard by drops in the prices of real estate and financial assets, and by a sharp rise in unemployment. Congress responded to the crisis by enacting the most comprehensive financial reform legislation since the 1930s.
Then-Treasury Secretary Timothy Geithner...
Airline Passenger Denied Boarding: Rules and Regulations
The removal of a seated passenger from a full United Airlines flight on April 9, 2017, has spurred discussions about federal regulation of airline overbooking. Overbooking is a carrier’s intentional acceptance of more reservations for a specific flight than the number of seats available on the aircraft. It is not illegal for airlines to overbook, and the practice occurs frequently. In many cases passengers are unaware that a flight is overbooked, because “no shows” or last-minute cancellations leave sufficient room for all ticketed passengers.
The U.S. Department of Transportation (DOT)...
New Canadian Dairy Pricing Regime Proves Disruptive for U.S. Milk Producers
A new pricing regime—the National Ingredient Strategy—that was introduced in Canada in February 2017 for certain dairy product ingredients is creating negative spillover effects for some U.S. dairy product exports and for certain milk producers in border states whose milk deliveries to processors are dependent upon this trade.
Press reports indicate that some 75 dairy farms in Wisconsin have been advised that their milk delivery contracts with a local milk processor will not be renewed as of May 1, 2017, because of the new pricing regime in Canada. Some dairy farmers in Minnesota have...
Turkey: Erdogan’s Referendum Victory Delivers “Presidential System”
Based on unofficial results released by Turkish officials, constitutional changes to establish a “presidential system” in Turkey appear to have been adopted via a 51.4% favorable vote in an April 16, 2017, nationwide referendum. President Recep Tayyip Erdogan and the ruling Justice and Development Party (AKP) had campaigned vigorously in support of the changes after obtaining the requisite parliamentary approval with the support of the Nationalist Action Party (MHP) in January 2017. Assuming the outcome holds despite some allegations of irregularities, most of the changes—including the...
Westinghouse Bankruptcy Filing Could Put New U.S. Nuclear Projects at Risk
Westinghouse Electric Company, a major nuclear technology firm that supplied nearly half of the 99 currently operating U.S. commercial reactors, filed for bankruptcy reorganization on March 29, 2017. The bankruptcy filing raised fundamental questions about the future of the U.S. nuclear power industry, and particularly whether four new reactors that Westinghouse is constructing for electric utilities in Georgia and South Carolina will be completed. The four reactors are the first to begin construction in the United States since the mid-1970s, and the nuclear industry had hoped they would...
Presidential Permit Review for Cross-Border Pipelines and Electric Transmission
Executive permission in the form of a Presidential Permit has long been required for the construction, connection, operation, and maintenance of certain facilities that cross the United States borders with Canada and Mexico. The constitutional basis for the President’s cross-border permitting authority has been addressed by the courts, but questions remain about the manner in which this authority is exercised among the agencies to which it has been delegated. In particular, some Members of Congress and affected stakeholders seek greater clarity about how Presidential Permit applications...
Gun Control: Federal Law and Legislative Action in the 114th Congress
In the 114th Congress, the Senate debated several gun proposals following two high-fatality mass shootings in December 2015 and June 2016. After both shootings, Senate debate coalesced around the following issues:
Should the Attorney General be given the authority to deny firearms (and explosives) transfers to persons she determines to be “dangerous terrorists”?
Should federal background check requirements be expanded to include intrastate firearms transfers among private, unlicensed persons?
Should grants be provided or withheld to encourage state, local, municipal, tribal, and...
OMB Lifts Hiring Freeze and Issues Plan to Reduce and Reform the Federal Civilian Workforce
On April 12, 2017, Office of Management and Budget (OMB) Director Mick Mulvaney issued a memorandum titled, “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce.” The memorandum lifts the hiring freeze instituted by President Donald Trump on January 23, 2017.
In addition, the memorandum sets forth steps that executive branch departments and agencies must take to fulfill other requirements of the hiring freeze memorandum and the March 13, 2017, Executive Order 13781 on reorganizing the executive branch. These directives, respectively,...
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
On February 2, 2017, the House of Representatives passed a Congressional Review Act disapproval resolution (H.J.Res. 40) to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons. On February 16, 2017, the Senate passed H.J.Res. 40 without any amendments. On February 28, 2017, President Donald Trump signed this resolution into law (P.L. 115-8). This enacted joint resolution vacates the SSA final rule. It also bars the SSA from promulgating any future rule that would be “substantially the same” as...
The Marshall Plan: 70th Anniversary
June 5, 2017, marks the 70th anniversary of the Marshall Plan—considered by many to be one of the most successful foreign policy initiatives and foreign aid programs ever undertaken by the United States.
In a speech at Harvard University on June 5, 1947, Secretary of State George Marshall suggested that, if European countries working together came up with a proposal, the United States would be willing to provide assistance in response to the dire political, social, and economic conditions in which Europe found itself at that time. The speech set in motion a diplomatic and legislative train...
OSHA State Plans: In Brief, with Examples from California and Arizona
The Occupational Safety and Health Act of 1970 (OSH Act) authorizes states to establish their own occupational safety and health plans and preempt standards established and enforced by the Occupational Safety and Health Administration (OSHA). OSHA must approve state plans if they are “at least as effective” as OSHA’s standards and enforcement. Currently, 21 states and Puerto Rico have state plans that cover all employers and 5 states and the U.S. Virgin Islands have state plans that cover only state and local government employers, who are not covered by the OSH Act. OSHA estimates that 40%...
Border-Adjusted Consumption Taxes and Exchange Rate Movements: Theory and Evidence
In June 2016, House Speaker Paul Ryan proposed a destination-based cash flow tax (DBCFT) as part of the “A Better Way” tax reform blueprint. One component of the DBCFT proposal is the implementation of a border adjustment, which is a common feature of national consumption-based taxes. Were the United States to adopt a DBCFT and the accompanying border adjustment, it would only tax production that is consumed in the United States—domestically produced goods and services sold abroad would not be taxed.
Although there are many important issues surrounding a DBCFT that would require careful...
National Health Service Corps: Background, Funding, and Programs
The National Health Service Corps (NHSC) is a pipeline for clinician recruitment and training. Its program objective is to increase the availability of primary care services to populations in Health Professional Shortage Areas (HPSAs). It aims to increase clinician availability by making loan repayments and awarding scholarships to individuals in exchange for their agreement to serve as NHSC clinicians (or providers) at approved sites. NHSC providers are mainly physicians, physician assistants, nurse practitioners, and behavioral/mental health professionals who must serve for a minimum of...
Video Broadcasting of Congressional Proceedings
Video broadcasts of congressional proceedings enable constituents, policy professionals, and other interested individuals to see Congress at work, learn about specific Members, and follow the legislative process. Members of Congress have always considered communication with constituents an essential part of their representational duties. Members also often utilize new tools and technologies to reach and engage their constituents and colleagues.
Background
The Legislative Reorganization Act of 1970 first enabled congressional committees to broadcast their proceedings, if desired. Separate...
Fees Assessed on Pesticide Registrants: Reauthorization and Proposed Amendments
Pursuant to the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3; P.L. 112-177), Congress authorized the U.S. Environmental Protection Agency (EPA) to collect two categories of fees to support the agency’s pesticide regulatory program and related activities. EPA’s authority to collect one of these fees—pesticide maintenance fees—expires at the end of FY2017. The authority to collect the other fees—pesticide registration service fees—begins to phase out at the end of FY2017. The Pesticide Registration Enhancement Act of 2017 (H.R. 1029, H.Rept. 115-49), passed by the House...
Regulation of Pesticide Residues in Food and Recent Actions on Chlorpyrifos
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) requires the U.S. Environmental Protection Agency (EPA) to promulgate, in accordance with Section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA; 21 U.S.C. 346a), maximum permissible levels (tolerances) for pesticide residues that raw agricultural commodities and processed food may legally contain. Under FFDCA, EPA has established tolerances that vary based on the commodity for more than 350 pesticide active ingredients (40 C.F.R. Part 180). Tolerances and the process for establishing them have...
Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief
On April 6, 2017, the Senate reinterpreted Rule XXII to allow a majority of Senators voting, a quorum being present, to invoke cloture on nominations to the U.S. Supreme Court. Before the Senate reinterpreted the rule, ending consideration of nominations to the Supreme Court required a vote of three-fifths of Senators duly chosen and sworn (60 Senators unless there is more than one vacancy). The practical effect of the Senate action on April 6 was to reduce the level of support necessary to confirm a Supreme Court nominee.
The method used to reinterpret Senate Rule XXII is, perhaps, of as...
The Revenue Baseline for Tax Reform
Tax reform remains an issue of interest in the 115th Congress. An open policy question is whether any proposed tax reform might increase the projected budget deficit, reduce the deficit, or leave the deficit unchanged (i.e., be revenue neutral). To inform this debate, this Insight provides information on the current revenue baseline as calculated by the Congressional Budget Office (CBO). This Insight also discusses how the enactment of changes in tax policy can potentially change the baseline, and implications of these changes for subsequent legislation, such as tax reform. This Insight...
U.S. Climate Change Regulation and Litigation: Selected Legal Issues
On March 28, 2017, President Trump signed an executive order to encourage and promote energy development by modifying climate change policies. As the Trump Administration implements its environmental policies, various legal challenges to Obama Administration climate change regulations remain pending before courts. During the last term of the Obama Administration, the Environmental Protection Agency (EPA) and the National Highway and Traffic Safety Administration finalized a series of regulations to address emissions from cars, trucks, and their engines that may contribute to climate...
NASS and U.S. Crop Production Forecasts: Methods and Issues
The National Agricultural Statistics Service (NASS) of the U.S. Department of Agriculture (USDA) estimates agricultural production (including area and yield) and stocks for more than 120 crops and 45 livestock items. Traditionally NASS estimates have focused on state and national data, but in recent years county-level estimates have gained in importance. NASS crop production estimates are crucial to people in the U.S. agricultural sector involved in making marketing and investment decisions, policymakers who design farm support programs, USDA agents who implement those programs, and...
Congressional News Media and the House and Senate Press Galleries
The House and Senate press galleries provide services both for journalists and for Members of Congress. The news media helps Members communicate with the public, and enables the public to learn about policy initiatives, understand the legislative process, and observe elected officials representing their constituents. In the earliest Congresses, news reports commonly provided the most comprehensive record of congressional proceedings, even for Members themselves, because few official documents were kept. To accommodate the press, and in response to its growth through the mid-19th century,...
Federal Securities Law: Insider Trading
Insider trading in securities may occur when a person in possession of material nonpublic information about a company trades in the company’s securities and makes a profit or avoids a loss. Certain federal statutes have provisions that have been used to prosecute insider trading violations. For example, Section 16 of the Securities Exchange Act of 1934 requires the disgorgement of short-swing profits by named insiders—directors, officers, and 10% shareholders. The 1934 Act’s general antifraud provision, Section 10(b), is frequently used in the prosecution of insider traders. Although the...
Surface water conditions in California have recovered dramatically in recent months, but some consequences of the 2012-2016 drought likely will linger for years. This Insight discusses the status of the drought and how it affected groundwater supplies: declines in groundwater levels, decreased storage capacity, and land subsidence. In response to the drought, the 114th Congress enacted legislation (P.L. 114-322) that altered the authorities regarding how federal water infrastructure in the state is managed and how new water storage may be developed. (See CRS In Focus IF10626, Reclamation...
In vitro diagnostic (IVD) devices are used in the analysis of human samples, such as blood or tissue, to provide information in making health care decisions. Examples of IVDs include (1) pregnancy test kits or blood glucose tests for home use; (2) laboratory tests for infectious disease, such as HIV or hepatitis, and routine blood tests, such as cholesterol and anemia; and (3) tests for various genetic diseases or conditions. More recently, a specific type of diagnostic test—called a companion diagnostic—has been developed that may be used to select the best therapy, at the right dose, at...
Pipeline Security: Recent Attacks
Domestic Pipeline Sabotage
Recent acts of sabotage against U.S. pipelines have raised concern about the security of the nation’s energy pipeline system and the federal program to protect them. On March 20, 2017, the developer of the Dakota Access Pipeline alleged in a court filing that it had experienced “recent coordinated physical attacks along the pipeline.” On February 26, 2017, law officers fatally shot a man who reportedly had used an assault rifle to attack the Sabal Trail Pipeline, a natural gas pipeline under construction in Florida. On October 11, 2016, a coordinated group of...
A Primer on WIC: The Special Supplemental Nutrition Program for Women, Infants, and Children
The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides nutrition-rich foods, nutrition education (including breastfeeding promotion and support), and health care and social services referrals to eligible low-income women, infants, and children. In FY2016, approximately 7.7 million people participated in WIC each month. WIC is authorized by the Child Nutrition Act, as is the related WIC Farmers’ Market Nutrition Program (WIC FMNP). WIC, WIC FMNP, school meals, and the other child nutrition programs are typically reauthorized together; these programs were...
Filibusters and Cloture in the Senate
The filibuster is widely viewed as one of the Senate’s most characteristic procedural features. Filibustering includes any use of dilatory or obstructive tactics to block a measure by preventing it from coming to a vote. The possibility of filibusters exists because Senate rules place few limits on Senators’ rights and opportunities in the legislative process.
In particular, a Senator who seeks recognition usually has a right to the floor if no other Senator is speaking, and then that Senator may speak for as long as he or she wishes. Also, there is no motion by which a simple majority of...
Multinational Species Conservation Fund Semipostal Stamp
The Multinational Species Conservation Fund (MSCF) supports international conservation efforts benefitting several species of animals, often in conjunction with efforts under the Convention on International Trade in Endangered Species (CITES). MSCF receives annual appropriations under the U.S. Fish and Wildlife Service (FWS) to fund five grant programs for conserving tigers, rhinoceroses, Asian and African elephants, marine turtles, and great apes (gorillas, chimpanzees, bonobos, orangutans, and various species of gibbons). To provide a convenient way for the public to contribute to these...
The Value of Energy Tax Incentives Across Energy Resources: Trends over Time
Over time, the proportion of energy-specific tax incentives benefitting different energy resources has shifted. Figure 1 illustrates the value of energy-related tax incentives since 1978. Energy tax provisions are categorized as primarily benefitting fossil fuels, renewables, renewable fuels, efficiency, vehicles, or some other energy purpose. Earlier versions of Figure 1 have appeared in past Congressional Research Service reports (R41953 and R41227). Similar figures have also appeared in Congressional Budget Office (CBO) publications in 2012, 2015, and 2017. See these resources for...
Invoking Cloture in the Senate
Cloture is the only procedure by which the Senate can vote to set an end to a debate without also rejecting the bill, amendment, conference report, motion, or other matter it has been debating. A Senator can make a nondebatable motion to table an amendment, and if a majority of the Senate votes for that motion, the effect is to reject the amendment. Thus, the motion to table cannot be used to conclude a debate when Senators still wish to speak and to enable the Senate to vote for the proposal it is considering. Only the cloture provisions of Rule XXII achieve this purpose. In the 113th...
Keystone XL: Greenhouse Gas Emissions Assessments in the Final Environmental Impact Statement
On March 23, 2017, the State Department issued a Presidential Permit for the border facilities of the proposed Keystone XL Pipeline, having determined that issuing the permit “would serve the national interest.” The Department announced that the Record of Decision and National Interest Determination for the Presidential Permit “is informed by” the 2014 Final Environmental Impact Statement (FEIS). It cites no new documentation aside from fresh communications with the Canadian pipeline company.
State Department Assessment
The State Department released the FEIS on January 31, 2014, to inform...
During the Obama Administration, the two federal agencies primarily responsible for administering the private health insurance provisions in the Affordable Care Act (ACA)—the Centers for Medicare & Medicaid Services (CMS) within the Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) within the Treasury Department—took a series of actions to delay, extend, or otherwise modify the law’s implementation.
This report summarizes selected administrative actions taken by CMS and the IRS through February 2015 to address ACA implementation. The report is no longer...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2017 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations in the THUD bill, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts...
Scientific Basis of Environmental Protection Agency Actions: H.R. 1430 and H.R. 1431
The scientific basis of regulation is a long-standing issue. In the 115th Congress, H.R. 1430 and H.R. 1431 are intended to address the public disclosure and transparency of information used as the basis for environmental regulations and other actions of the U.S. Environmental Protection Agency (EPA). These bills would amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 (ERDDAA), among other purposes, to require public disclosure of scientific and technical information that EPA uses as a basis for agency action. On March 29, 2017, the House passed...
Employer Wellness Programs and Genetic Information: Frequently Asked Questions
Since the passage of the Patient Protection and Affordable Care Act of 2010 (ACA, P.L. 111-148, as amended), which encouraged use of wellness programs, employers have increasingly established employer wellness programs in an effort to support better health among their employees and reduce their own health care costs. Employer wellness programs often focus on improving wellness overall, but they may target a specific disease (e.g., diabetes) or behavior (e.g., smoking), and they may include the provision of health or other services. These programs often include incentives for participation,...
FirstNet’s Nationwide Public Safety Broadband Network Moves Forward
On March 30, 2017, FirstNet announced a public-private partnership with AT&T to build a dedicated interoperable wireless broadband network for use by public safety agencies nationwide. Under terms of the 25-year agreement, FirstNet will provide AT&T with up to $6.5 billion for initial network construction over the next five years. Additionally, AT&T will spend about $40 billion of its own funds to build, operate, and maintain the network over the life of the contract. To conduct the buildout, AT&T has assembled a team including Motorola Solutions, General Dynamics, Sapient Consulting,...
Department of Transportation (DOT): FY2017 Appropriations
In February 2016, the Obama Administration proposed a $96.9 billion budget for the Department of Transportation (DOT) for FY2017. That is approximately $22 billion more than was provided for FY2016. The budget request reflected the Administration’s call for significant increases in funding for highway, transit, and rail programs.
The DOT appropriations bill funds federal programs covering aviation, highways and highway safety, public transit, intercity rail, maritime safety, pipelines, and related activities. Federal highway, transit, and rail programs were reauthorized in the fall of...
The Trump Administration’s March 2017 Defense Budget Proposals: Frequently Asked Questions
On March 16, 2017, the Trump Administration released two defense budget proposals—a proposal for national defense (budget function 050) discretionary spending for fiscal year (FY) 2018 as part of the Administration’s Budget Blueprint for federal spending, and a detailed request for additional FY0217 funding for Department of Defense (DOD) military activities.
For FY2017, the Administration is seeking $30 billion for DOD military activities (budget subfunction 051) in addition to the amounts requested by the Obama Administration. Of this amount, $24.9 billion is slated for base budget...
The Army’s Sustainable Readiness Model (SRM)
The Army’s Definition of Readiness
The Army defines readiness as the capability of its forces to conduct the full range of military operations, including the defeat of all enemies regardless of the threats they pose. In this regard, readiness is a function of how well units are manned, equipped, trained, and led.
Past Army Readiness Models
Readiness models are the means by which the Army generates the forces that are then made available to Combatant Commanders for operations. From the 1980s until 2001, the Army employed a Tiered Readiness Model with units manned, equipped, and trained at...
The Hardest Hit Fund: Frequently Asked Questions
The Hardest Hit Fund (HHF), administered by the Department of the Treasury, is one of several temporary programs that were created to help prevent home foreclosures in the aftermath of housing and mortgage market turmoil that began around 2007-2008. It provided a total of $9.6 billion in Troubled Asset Relief Program (TARP) funds to 19 states (including the District of Columbia) that were deemed to be “hardest hit” by the housing market turmoil, as defined by factors such as house price declines or unemployment rates.
In 2010, a total of $7.6 billion was allocated to selected states...
HUD’s Reverse Mortgage Insurance Program: Home Equity Conversion Mortgages
Reverse mortgages allow older homeowners to borrow against the equity in their homes and repay the loans at a later time, after they sell the home or pass away. Reverse mortgages differ from traditional forward mortgages both in the way in which borrowers receive the loan proceeds and the way in which the loans are repaid. Like traditional forward mortgages and home equity lines of credit, borrowers may receive a lump sum payment from the loan or have an available line of credit. However, additional options include monthly payments over a period of time or monthly payments for the life of...
Overview of CEQ Guidance on Greenhouse Gases and Climate Change
In 1997, the White House Council on Environmental Quality (CEQ) informed federal agencies that, to ensure compliance with the National Environmental Policy Act (NEPA), they may need to consider whether their actions may affect or be affected by climate change. CEQ issued revised draft guidance in 2010 and again in 2014. On August 1, 2016—after receiving public comments and other feedback from Members of Congress, state agencies, tribes, corporations, trade associations, and other stakeholders—CEQ released final guidance (hereinafter, the Guidance) on consideration of greenhouse gas (GHG)...
Keystone XL Pipeline: Development Issues
Keystone XL Presidential Permit
On March 23, 2017, the U.S. State Department issued a Presidential Permit for the border facilities of the proposed Keystone XL Pipeline, having determined that issuing the permit “would serve the national interest.” If constructed, the pipeline would transport oil sands crude from Canada as well as oil produced in North Dakota and Montana to a hub in Nebraska for further delivery to Gulf Coast refineries (Figure 1). The U.S. pipeline section would be 875 miles long with the capacity to deliver 830,000 barrels per day. Keystone XL requires a Presidential...
Expiring Funds for Primary Care
The Affordable Care Act (ACA), enacted on March 23, 2010, appropriated billions of dollars of mandatory funds to support new and existing grant programs and other activities. Specifically, it provided support for three programs focused on expanding access to primary care services for populations that are typically underserved. The first two were existing programs—the Health Centers program and the National Health Service Corps (NHSC)—and they were funded through a new mandatory funding stream, the Community Health Center Fund (CHCF). The third program, created in the ACA, is the Teaching...
The Federal Coal Leasing Moratorium
The Federal Coal Leasing Moratorium
Recent Events
The Trump Administration issued an Executive Order on March 28, 2017, that would amend or withdraw Secretarial Order 3338 and lift “any and all” moratoria on federal coal leasing.
On January 11, 2017, the Obama Administration published its scoping report (Bureau of Land Management, Federal Coal Program: Programmatic Environmental Impact Statement—Scoping Report, Volumes I and II, January 2017) as a prelude to the comprehensive Draft and Final PEIS. After six public meetings and over 214,000 comments, the BLM concluded that modernizing the...
President’s Budget Blueprint Seeks Changes for Public Health Service Agencies
The White House has released a “budget blueprint” that outlines President Trump’s priorities for funding the federal government in FY2018. The document covers only discretionary spending, which is controlled through the annual appropriations process. It does not address mandatory spending—including spending on entitlement programs such as Medicare and Social Security—or interest payments on the federal debt. The complete FY2018 budget is expected to be released in May.
Although the budget blueprint provides limited details on the agency, account, or program level, it indicates Trump...
EPA’s Mid-Term Evaluation of Vehicle Greenhouse Gas Emissions Standards
The One National Program
In 2009, the Obama Administration—through authorities provided to the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA)—developed joint standards for fuel economy and greenhouse gas (GHG) emissions for new light-duty vehicles (defined generally as passenger cars and light trucks). The standards (referred to as the One National Program) were established in two phases: Phase 1 for vehicle model years (MY) 2012-2016, finalized on May 7, 2010; and Phase 2 for MY2017-2025, finalized on October 15, 2012. The agencies...
Phase 2 Greenhouse Gas Emissions and Fuel Efficiency Standards for Heavy-Duty Vehicles
On October 25, 2016, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration jointly published the second phase of greenhouse gas (GHG) emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles through their authorities under the Clean Air Act (CAA) and the Energy Independence and Security Act of 2007 (P.L. 110-140).
The Phase 2 rule sets emission standards for tractor-trailers, vocational vehicles, and heavy-duty pickup trucks and vans. The rule expands on the Phase 1 standards (promulgated in 2011 for model...
The President’s FY2018 Budget Request for the U.S. Department of Agriculture
Background
The Trump Administration released its first budget request on March 16, 2017. Titled “America First: A Budget Blueprint to Make America Great Again,” the request for FY2018 does not have the detail of a regular budget (see CRS Report RS20752, Submission of the President’s Budget in Transition Years).
The FY2018 Blueprint addresses discretionary spending only and primarily conveys information at the Cabinet level. While it highlights changes to some programs, the request remains vague about the effect on most agencies. A more detailed budget is expected in May 2017 and may...
Major Disaster Assistance from the Disaster Relief Fund: State Profiles
The primary source of funding for federal assistance authorized by a major disaster declaration is the Disaster Relief Fund (DRF), which is managed by the Federal Emergency Management Agency (FEMA). Major disaster declarations have occurred in every U.S. state since FY2000, with obligations for each incident ranging from a few hundred thousand dollars to more than $31 billion.
This report summarizes DRF actual and projected obligations as a result of major disaster declarations at the national level for the period FY2000 through FY2015. CRS profiles for each state and the District of...
The Civil Service Reform Act: Due Process and Misconduct-Related Adverse Actions
Federal employees receive statutory protections that differ from those of the private sector, including more robust limits on when they can be removed or demoted. Although a number of laws apply to various aspects of the federal civil service system, the primary governing framework is the Civil Service Reform Act of 1978 (CSRA), as amended. The CSRA created a comprehensive system for reviewing actions taken by most federal agencies against their employees, and the act provides a variety of legal protections and remedies for federal employees. It also funnels review of agency decisions to...
Preserving Homeownership: Foreclosure Prevention Initiatives
The home mortgage foreclosure rate began to rise rapidly in the United States beginning around the middle of 2006 and remained elevated for several years thereafter. Losing a home to foreclosure can harm households in many ways; for example, those who have been through a foreclosure may have difficulty finding a new place to live or obtaining a loan in the future. Furthermore, concentrated foreclosures can negatively impact nearby home prices, and large numbers of abandoned properties can negatively affect communities. Finally, elevated levels of foreclosures can destabilize housing...
Income Eligibility and Rent in HUD Rental Assistance Programs: Frequently Asked Questions
The Department of Housing and Urban Development (HUD) administers five main rental assistance programs that subsidize rents for low-income families: the Public Housing program, the Section 8 Housing Choice Voucher program, the Section 8 Project-Based Rental Assistance program, the Section 202 Supportive Housing for the Elderly program, and the Section 811 Supportive Housing for Persons with Disabilities program. Together, these programs serve more than 4 million families and make up well over three-quarters of HUD’s budget. All five programs provide rental assistance in the form of...
FY2017 Defense Appropriations Fact Sheet: Selected Highlights of H.R. 5293, S. 3000, and H.R. 1301
This Fact Sheet summarizes selected highlights of the FY2017 Defense Appropriations Act passed by the House, in the 114th Congress, on June 16, 2016 (H.R. 5293), the version reported by the Senate Appropriations Committee on May 26, 2016 (S. 3000), and a third version agreed to March 2, 2017 by House and Senate negotiators.
Although the March 2017 legislation was introduced in the 115th Congress as a new bill, it is -- for practical purposes – equivalent to the product of an informal conference committee on the two earlier versions. The Senate did not complete action on the Senate...
A Brief Overview of Rulemaking and Judicial Review
The Administrative Procedure Act (APA), which applies to all agencies of the federal government, provides the general procedures for various types of rulemaking. The APA details the rarely used procedures for formal rules as well as the requirements for informal rulemaking, under which the vast majority of agency rules are issued. This report provides a brief legal overview of the methods by which agencies may promulgate rules, which include formal rulemaking, informal (notice-and-comment or § 553) rulemaking, hybrid rulemaking, direct final rulemaking, and negotiated rulemaking. In...
Federal Reserve: Oversight and Disclosure Issues
Critics of the Federal Reserve (Fed) have long argued for more oversight, transparency, and disclosure. Criticism intensified following the extensive assistance the Fed provided to financial firms during the financial crisis. Some critics downplay the degree of Fed oversight and disclosure that already takes place.
For oversight, the Fed is required to provide a written report to and testify before the committees of jurisdiction semiannually. In addition, these committees periodically hold more focused hearings on Fed topics. Critics have sought a Government Accountability Office (GAO)...
CRS Products on the Trans-Pacific Partnership (TPP)
The Trans-Pacific Partnership (TPP) is a proposed free trade agreement (FTA) signed by the United States and 11 other Asia-Pacific countries on February 4, 2016, and would require ratification by the member countries before it can take effect. On January 30, 2017, the United States gave notice to the other signatories that it does not intend to ratify the agreement, effectively ending, at least for the time being, the ratification process in the United States and the agreement’s possible entry into force. The TPP as signed cannot enter into force without U.S. participation, due to a...
Issues with Federal Motor Vehicle Safety Standards
Federal motor vehicle safety regulation was established more than 50 years ago by the National Traffic and Motor Vehicle Safety Act (P.L. 89-563) to address the rising number of motor vehicle fatalities and injuries. The National Highway Traffic Safety Administration (NHTSA) administers vehicle safety laws and has issued dozens of safety standards, including regulations affecting windshield wipers, hood and door latches, tires, and airbags.
NHTSA has estimated that between 1960 and 2012, federal motor vehicle safety standards saved more than 600,000 lives, and the risk of a fatality...
Interior, Environment, and Related Agencies: FY2017 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for approximately 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other entities. At issue for Congress is determining the amount, terms, and conditions of funding for...
The Federal Government’s Authority to Impose Conditions on Grant Funds
Commonly known as the Spending Clause, Article I, Section 8, Clause 1 of the U.S. Constitution has been widely recognized as providing the federal government with the legal authority to offer federal grant funds to states and localities that are contingent on the recipients engaging in, or refraining from, certain activities. However, the Supreme Court has articulated certain limitations on the exercise of this power. In its 1987 decision in South Dakota v. Dole, which arguably remains the leading case regarding the use of the federal government’s conditional spending power, the Court held...
Congressional Redistricting Law: Background and Recent Court Rulings
In addition to various state processes, the legal framework for congressional redistricting involves constitutional and federal statutory requirements. Interpreting these requirements, in a series of cases and evolving jurisprudence, the U.S. Supreme Court has issued rulings that have significantly shaped how congressional districts are drawn and the degree to which challenges to redistricting plans may succeed. As the 2020 round of redistricting approaches, foundational and recent rulings by the Court regarding redistricting are likely to be of particular interest to Congress. This report...
The Financial Action Task Force: An Overview
The National Commission on Terrorist Attacks Upon the United States, or the 9/11 Commission, recommended that tracking terrorist financing “must remain front and center in U.S. counterterrorism efforts” (see The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States, U.S. Government Printing Office, July, 2004. p. 382). As part of these efforts, the United States plays a leading role in the Financial Action Task Force on Money Laundering (FATF). The independent, intergovernmental policymaking body was established by the 1989 G-7 Summit...
DOE’s Office of Energy Efficiency and Renewable Energy (EERE): Appropriations Status
The U.S. Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) is the principal government agency responsible for renewable energy technologies and energy efficiency efforts. EERE works with industry, academia, national laboratories, and others to conduct research and development (R&D) and to issue grants to state governments. EERE oversees nearly a dozen technologies and programs—from vehicle technologies to solar energy to advanced manufacturing to weatherization and intergovernmental programs—each with its own respective mission and program goals.
EERE...
Federal Citations to the Social Cost of Greenhouse Gases
Executive Order 12866 requires that federal agencies assess the cost and the benefits of intended regulations as part of their regulatory impact analyses (RIAs). The 1993 executive order stated that “recognizing that some costs and benefits are difficult to quantify, [each agency shall] propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs.”
Social cost, carbon, carbon dioxide, methane, nitrous oxide, greenhouse gases, regulatory impact analysis, cost-benefit analysis, benefit-cost analysis, Interagency Working...
Geographical Indications (GIs) in U.S. Food and Agricultural Trade
Geographical indications (GIs) are place names used to identify products that come from these places and to protect the quality and reputation of a distinctive product originating in a certain region. The term is most often applied to wines, spirits, and agricultural products. Some food producers benefit from the use of GIs by giving certain foods recognition for their distinctiveness, differentiating them from other foods in the marketplace. In this manner, GIs can be commercially valuable. GIs may be eligible for relief from acts of infringement or unfair competition. GIs may also...
Commercial Truck Safety: Overview
More than 11 million large trucks travel U.S. roads, and almost 4 million people hold commercial driver’s licenses. In 2015, large trucks were involved in more than 400,000 motor vehicle crashes serious enough to be registered by police, with nearly 100,000 of those crashes causing injuries and around 3,600 resulting in fatalities. To address this situation, Congress has assigned the U.S. Department of Transportation (DOT)—primarily the Federal Motor Carrier Safety Administration (FMCSA)—responsibility for regulating the safety practices of commercial motor carriers and drivers. In...
Title VII of the Civil Service Reform Act of 1978, commonly referred to as the “Federal Service Labor-Management Relations Statute” (FSLMRS), recognizes the right of most federal employees to engage in collective bargaining with respect to their conditions of employment. In 2016, 27.4% of all federal employees were members of a union. While the union membership rate for federal workers has declined slightly over the past ten years, it continues to exceed the union membership rate of 6.4% for private-sector employees.
Under the FSLMRS, a labor organization becomes the exclusive...
Sub-Saharan Africa: Key Issues, Challenges, and U.S. Responses
The 115th Congress and the Trump Administration are reviewing existing U.S. policies and programs in sub-Saharan Africa (henceforth, “Africa”) as they establish their budgetary and policy priorities toward the region while also responding to emerging crises. Africa-specific policy questions did not feature prominently in the 2016 U.S. presidential campaign, and the views of the Trump Administration on many U.S.-Africa policy issues remain unspecified. The Obama Administration’s Strategy Toward Sub-Saharan Africa identified its policy priorities as strengthening democratic institutions;...
DOD Issues Additional Guidance on Federal Hiring Freeze
On February 2, 2017, the Department of Defense (DOD) issued initial guidance on implementing the federal hiring freeze instituted by President Trump—an order that suspends the hiring of civilian employees in the executive branch. On March 7, 2017, the DOD issued additional guidance (available upon request) that supplements the initial guidance by
adding new exemptions from the freeze for (1) essential military and base operating services, (2) infrastructure sustainment, and (3) family readiness programs;
delegating exemption approval authority to lower-level officials for exemptions...
The Dutch Parliamentary Elections: Outcome and Implications
The March 15, 2017, parliamentary elections in the Netherlands garnered considerable attention as the first in a series of European contests this year in which populist, antiestablishment parties have been poised to do well, with possibly significant implications for the future of the European Union (EU). For many months, opinion polls projected an electoral surge for the far-right, anti-immigrant, anti-EU Freedom Party (PVV), led by Geert Wilders. Many in the EU were relieved when the PVV fell short and the center-right, pro-EU People’s Party for Freedom and Democracy (VVD), led by...
Tax Deductions for Individuals: A Summary
Every tax filer has the option to claim deductions when filing their income tax return. Deductions serve four main purposes in the tax code: (1) to account for large, unusual, and necessary personal expenditures, such as extraordinary medical expenses; (2) to encourage certain types of activities, such as homeownership and charitable contributions; (3) to ease the burden of taxes paid to state and local governments; and (4) to adjust for the expenses of earning income, such as unreimbursed employee expenses.
Some tax deductions can be taken by individuals even if they do not itemize. These...
Should the U.S. Trade Deficit be Redefined?
The U.S. merchandise trade deficit represents the difference between a country’s exports and imports of goods. For some, the trade deficit is a flashpoint for concerns about the overall condition of the economy. Most economists argue this characterization misrepresents the nature of the trade deficit and the role of trade in the economy. Some policymakers support redefining the trade deficit in ways that would effectively increase the size of the deficit by more narrowly defining an export. Others argue that U.S. trade data should be redefined in ways that capture value added through...
The Decennial Census: Issues for 2020
The U.S. Constitution—Article I, Section 2, clause 3, as modified by Section 2 of the 14th Amendment—requires a population census every 10 years for apportioning seats in the House of Representatives. Decennial census data are used, too, for within-state redistricting and in certain formulas for distributing more than $450 billion annually in federal funds to states and localities. Census counts also are the foundation for estimates of current population size between censuses and projections of future size. Businesses, nonprofit organizations, researchers, and all levels of government are...
Sanctuary Jurisdictions and Select Federal Grant Funding Issues: In Brief
On January 25, 2017, President Donald J. Trump issued Executive Order (EO) 13768, “Enhancing Public Safety in the Interior of the United States.” Among other things, the EO raises questions regarding whether, and to what extent, federal agencies will withhold federal grant funds that would have otherwise been awarded to a designated “sanctuary jurisdiction.” Under the EO, the Secretary of Homeland Security (Secretary) is directed to designate a jurisdiction as a sanctuary jurisdiction at his discretion, and to the extent consistent with law, for those jurisdictions found to have willfully...
Moving On: TPP Signatories Meet in Chile
On March 14-15, representatives from the 12 original signatories to the proposed Trans-Pacific Partnership (TPP) free trade agreement (FTA) met in Chile to discuss the future direction of regional integration efforts in the Asia-Pacific (see CRS In Focus IF10000, TPP: Overview and Current Status). China, Colombia, and South Korea were also represented. The meeting follows the Trump Administration’s January announcement of U.S. withdrawal from the TPP, which effectively ended the possibility of TPP’s entry into force in its current form (see CRS Insight IN10646, The United States Withdraws...
Tax reform is a stated priority of the 115th Congress. In June 2016, Ways and Means Committee Republicans released the “Better Way” tax reform blueprint. The proposal seeks to make the individual income tax system “simpler, flatter, and fairer” by consolidating the number of individual income tax brackets. Looking at statutory tax rates alone, however, provides limited information regarding the simplicity or fairness of the tax system. Average tax rates and effective marginal tax rates are frequently used by economists and policy analysts to evaluate the fairness of the tax system, as well...
Much of the federal government, including the Small Business Administration (SBA), is in transition as the Trump Administration assumes leadership of the executive branch. At the SBA, among the Trump Administration’s first tasks are to populate the SBA with its appointees, starting with new SBA Administrator Linda E. McMahon to succeed Maria Contreras-Sweet, and establish its policy agenda for small businesses. One of the first policy questions facing the Trump Administration is whether it will continue, modify, or end several Obama Administration initiatives, including 7(a) loan guaranty...
Congress periodically establishes agricultural and food policy in an omnibus farm bill. The 115th Congress faces reauthorization of the 2014 farm bill—the Agricultural Act of 2014 (P.L. 113-79, H.Rept. 113-333)—because many of its provisions expire in 2018.
The 2014 farm bill is the most recent omnibus farm bill. It was enacted in February 2014 and succeeded the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, “2008 farm bill”). In recent decades, the breadth of farm bills has steadily grown to include new and expanding food and agricultural interests. The 2014 farm bill contains...
EPA Policies Concerning Integrated Planning and Affordability of Water Infrastructure
For several years, the U.S. Environmental Protection Agency (EPA) has been working with states and cities to develop and implement new approaches that will achieve water quality goals cost-effectively and in a manner that “addresses the most pressing public health and environmental protection issues first.” Two recent EPA initiatives are an integrated planning policy and a framework policy for assessing a community’s financial capability to meet objectives and requirements of the Clean Water Act (CWA).
Pressed by municipalities about the financial challenges that they face in addressing...
U.S. World War I (1917-1918) Centennial
Background and Congressional Action
April 6, 2017, marks the 100th anniversary of the U.S. Declaration of War resolution against Germany and subsequent entry in “The Great War” (World War I). The United States remained neutral as war raged in Europe from summer 1914 to spring 1917. However, matters changed when Germany broke its pledge to limit submarine warfare in January 1917.
In response to the breaking of the Sussex pledge, the United States severed diplomatic relations with Germany. On January 16, 1917, British cryptographers deciphered a telegram from German Foreign Minister Arthur...
German Chancellor Angela Merkel Visits President Trump
German Chancellor Angela Merkel is scheduled to meet with President Donald Trump at the White House on March 17, 2017. The meeting—the first between the two leaders—comes amid uncertainty and unease in Europe about the direction of U.S.-German and U.S.-European relations during the Trump Administration. Merkel has led Europe’s largest and most prosperous country for almost 12 years and is widely viewed as the most influential political leader in Europe. Most analysts agree that the U.S.-German relationship could play a pivotal role in guiding U.S. policy toward Europe and vice...
Major Disaster Declarations for Snow Assistance and Severe Winter Storms: An Overview
The Federal Emergency Management Agency (FEMA) provides two types of assistance for winter incidents: (1) snow assistance, and (2) assistance for severe winter storms. The assistance is triggered by a presidential disaster declaration. The criteria used by FEMA to determine whether to recommend a declaration depend on the type of winter incident. Snow assistance is based on record, or near record snowfall according to official government reports on snow accumulations. Acceptable government reports are snowfall amounts measured and published by the National Oceanic and Atmospheric...
Ocean Energy Agency Appropriations, FY2017
This report discusses FY2017 appropriations for the Department of the Interior’s (DOI’s) Bureau of Ocean Energy Management (BOEM), Bureau of Safety and Environmental Enforcement (BSEE), and Office of Natural Resources Revenue (ONRR). The three agencies collectively administer federal ocean energy resources covering more than 1.7 billion acres on the U.S. outer continental shelf (OCS). BOEM administers offshore energy leasing, BSEE oversees offshore operational safety and environmental responsibility, and ONRR manages public revenues from federally regulated offshore and onshore energy...
Senate Judiciary Committee Hearings for Supreme Court Nominations: Historical Overview and Data
After a President submits a Supreme Court nomination to the Senate, the Judiciary Committee assumes the principal responsibility for investigating the background and qualifications of each Supreme Court nominee. Since the late 1960s, the Judiciary Committee’s consideration of a Supreme Court nomination typically has consisted of three distinct stages—(1) a pre-hearing investigative stage, followed by (2) public hearings, and concluding with (3) a committee decision as to whether to recommend approval of the nomination by the full Senate. This CRS Insight provides an historical overview of...
Taxpayers with Zero Income Tax Liability: Trends Over Time and Across Income Levels
An estimated 44% of U.S. households will pay no federal income tax in 2016. Some individuals or households do not pay federal income taxes because their income was below the filing threshold. Other individuals or households filing federal income tax returns pay no federal income tax due to either structural features or special provisions in the tax code. A 2011 analysis found that of nontaxable “tax units,” about half were made nontaxable by tax expenditures (special provisions in the tax code such as credits and deductions). The other half were made nontaxable by structural features of...
A Change in Direction for Seoul? The Impeachment of South Korea’s President
On March 10, 2017, South Korea’s Constitutional Court unanimously voted to uphold the impeachment of former President Park Geun-hye, nearly 11 months before her term was due to end. The decision was the latest development in a corruption scandal that has engulfed South Korean politics and the business world since October 2016, and comes against the backdrop of North Korean missile tests, Chinese anger at the deployment of a U.S. missile defense system in South Korea, and uncertainties about the direction of U.S. foreign policy under the Trump Administration. By law, South Korea must hold...
The Federal Power Act (FPA) and Electricity Markets
The electric power industry is in the process of transformation. The electricity infrastructure of the United States is aging; uncertainty exists around how to modernize the grid, and what technologies and fuels will be used to produce electricity in the future. Unresolved questions are arising about market structure, potential cyber and physical security threats, and continuing interest in harnessing low carbon sources of electricity. Concerns about reliability and electricity prices are being affected by new environmental regulations, and the rising availability of natural gas for the...
The layers of the Internet go far beyond the surface content that many can easily access in their daily searches. The other content is that of the Deep Web, content that has not been indexed by traditional search engines such as Google. The furthest corners of the Deep Web, segments known as the Dark Web, contain content that has been intentionally concealed. The Dark Web may be used for legitimate purposes as well as to conceal criminal or otherwise malicious activities. It is the exploitation of the Dark Web for illegal practices that has garnered the interest of officials and policy...
Asian Infrastructure Investment Bank (AIIB)
In October 2013, at the Asia-Pacific Economic Cooperation Summit in Bali, Indonesia, China proposed creating a new multilateral development bank (MDB), the Asian Infrastructure Investment Bank (AIIB). As its name suggests, the Bank's stated purpose is to provide financing for infrastructure needs throughout Asia, as well as in neighboring regions. As of January 2017, the AIIB has approved nine projects, investing a total of $1.7 billion.
The AIIB commenced operations on January 16, 2016. Membership in the AIIB is open to all members of the World Bank or the Asian Development Bank (ADB)....
Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court
On January 31, 2017, President Donald J. Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court of the United States created by the death of Justice Antonin Scalia in 2016. Judge Gorsuch was appointed to the Tenth Circuit by President George W. Bush in 2006. The Tenth Circuit’s territorial jurisdiction covers Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming, and parts of Yellowstone National Park that extend into Idaho and Montana.
Immediately prior to his appointment to the...
Clean Power Plan: Legal Background and Pending Litigation in West Virginia v. EPA
On October 23, 2015, the U.S. Environmental Protection Agency (EPA) published its final Clean Power Plan rule (Rule) to regulate emissions of greenhouse gases (GHGs), specifically carbon dioxide (CO2), from existing fossil fuel-fired power plants. The aim of the Rule, according to EPA, is to help protect human health and the environment from the impacts of climate change. The Clean Power Plan would require states to submit plans to achieve state-specific CO2 goals reflecting emission performance rates or emission levels for predominantly coal- and gas-fired power plants, with a series of...
Northern Ireland’s Snap Assembly Elections: Outcome and Implications
On March 2, 2017, voters in Northern Ireland—which is one of four component “nations” of the United Kingdom (UK)—went to the polls in snap elections for Northern Ireland’s Assembly, its regional legislature. The Assembly is a key institution in Northern Ireland’s devolved government, in which specified powers have been transferred from London to Belfast, as set out in the 1998 peace agreement aimed at ending Northern Ireland’s 30-year sectarian conflict (in which almost 3,500 people died). The peace accord mandated that power in the devolved government would be shared between Northern...
Medicaid Financial Eligibility for Long-Term Services and Supports
Medicaid is a means-tested entitlement program that finances the delivery of health care and long-term services and supports (LTSS) to certain eligible low-income individuals. Established under Title XIX of the Social Security Act (SSA), the Medicaid program is state-operated within broad federal guidelines, and is jointly funded by the federal government and states. To qualify for Medicaid, individuals must meet certain categorical and financial requirements. To qualify for Medicaid LTSS, individuals must also meet state-based functional eligibility criteria that determine need for...
Protests in Cameroon: Context and Issues for Congress
Since late 2016, members of Cameroon’s minority Anglophone community have demonstrated against their perceived marginalization, exposing historic fissures in Cameroon’s diverse society and placing further strain on a government facing serious political and security challenges. The administration of long-serving President Paul Biya has responded forcefully, prompting international criticism. The unrest may be of interest to some Members of Congress, given possible implications for stability in Central Africa and U.S.-Cameroonian security cooperation to counter Boko Haram, the...
Municipal Broadband: Background and Policy Debate
Since the late 1990s, broadband Internet service has been deployed in the United States, primarily by private sector providers. While broadband deployment has been rapid and robust overall, there remain communities that are dissatisfied with their broadband service. Some of these communities have turned to public entities as possible broadband providers, with the expectation that municipal broadband networks (also referred to as “community broadband”) can deliver superior levels of speed, performance, and/or affordability than what is currently offered by private providers. Public entities...
U.S. Secret Service: Selected Issues and Executive and Congressional Responses
Since 1865, the U.S. Secret Service (USSS) has investigated counterfeiting, and since 1901, at the request of congressional leadership, the Service has provided full-time presidential protection.
The USSS has two primary purposes which are criminal investigations and protection. Criminal investigation activities include financial crimes, identity theft, counterfeiting, computer fraud, and computer-based attacks on the nation’s financial, banking, and telecommunications infrastructure, among other areas. The protection mission covers the President, Vice President, their families, and...
S. 385: The Energy Savings and Industrial Competitiveness Act of 2017 (Portman-Shaheen Bill)
S. 385 Provisions
Also known as the Portman-Shaheen bill, S. 385 has four energy efficiency titles (buildings, industry, federal agencies, and regulatory measures) and one title on budget matters.
Title I would update model building energy codes and encourage adoption by state and local governments and American Indian Tribes (§101); authorize grants to universities to establish building training and assessment centers (§111); authorize matching grants to nonprofit organizations to train industry-certified installers of energy-efficient technologies (§112); and provide technical assistance...
WTO Trade Facilitation Agreement
The Trade Facilitation Agreement (TFA), finalized in December 2013, is the newest international trade agreement in the World Trade Organization (WTO), having entered into force on February 22, 2017, when two-thirds of WTO members, including the United States, ratified the multilateral agreement. Congress has an interest in the TFA since it may affect U.S. trade flows, the U.S. economy, and international capacity building efforts.
Trade facilitation measures aim to simplify and streamline international trade procedures to allow the easier flow of trade across borders and thereby reduce the...
The FDA Medical Device User Fee Program: MDUFA IV Reauthorization
The Food and Drug Administration (FDA) is responsible for regulating medical devices. Medical devices are a wide range of products that are used to diagnose, treat, monitor, or prevent a disease or condition in a patient. A medical device company must obtain FDA’s prior approval or clearance before marketing many medical devices in the United States. The Center for Devices and Radiological Health (CDRH) within FDA is primarily responsible for medical device review and regulation. CDRH activities are funded through a combination of annual discretionary appropriations from Congress and user...
News and Transcript Resources: Fact Sheet
Searching for news items can sometimes be challenging. Despite the apparent ease of free online resources like Google News, there is a significant amount of news coverage (especially older or fee-based content) that is not freely available online, and which may be difficult to find. Although dozens of databases exist that contain news articles and transcripts, their content is often available only with a paid subscription, and they may be overwhelming to navigate if the user is not familiar with them. In addition, access to subscription news databases in congressional offices varies,...
U.S.-Mexican Water Sharing: Background and Recent Developments
The United States and Mexico share the waters of the Colorado River and Rio Grande pursuant to binational agreements. Increasing water demands and reduced supplies deriving from drought and air temperatures increase the challenges and significance of reliable water sharing.
The International Boundary and Water Commission (IBWC) is charged with addressing issues that arise during application of binational water treaties. The IBWC is a binational entity with a U.S. Section that operates under foreign policy guidance from the U.S. Department of State. Under the binational 1944 Water Treaty,...
GI Bill Legislation Enacted in the 114th Congress
The GI Bills® provide financial assistance to individuals, whose eligibility is based on their or a family member’s experience in the uniformed services, while they are enrolled in approved programs of education, including training programs. In FY2017, the GI Bills are estimated to provide over $14 billion in benefits to over 1 million veterans and servicemembers and their dependents. The largest program, the Post-9/11 GI Bill, is estimated to account for approximately 93% of the benefits and 80% of the participants. This report provides a description of and background information on...
The Greek Debt Crisis: Continuing Challenges
Nearly seven years after receiving its first financial rescue package, the Greek government continues to grapple with a serious debt crisis. Most economists believe that Greece’s public debt, more than 180% of Greek gross domestic product (GDP), is unsustainable. The ramifications of the debt have been felt throughout the Greek economy, which contracted by more than 25% from its pre-crisis level. Nearly a quarter of Greeks are unemployed.
In the immediate term, attention is focused on whether the Greek government will be able to make 6.3 billion (about $6.7 billion) in debt payments...
Transatlantic Relations: Change or Continuity?
Since the end of World War II, successive U.S. Administrations and many Members of Congress have supported a strong transatlantic relationship, largely built upon the pillars of NATO and the European Union (EU), and a shared U.S.-European commitment to an open international trading system. The creation of NATO was meant to provide collective defense and a U.S. security umbrella, while U.S. policymakers viewed the European integration project as a way to keep European nationalism in check, prevent another catastrophic conflict on the Continent, and entrench democratic systems and free...
Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch
On January 31, 2017, President Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court left by the death of Justice Antonin Scalia on February 13, 2016. Judge Gorsuch has served as a judge on the Tenth Circuit since August 2006, and has also sat, by designation, on the U.S. Court of Appeals for the Ninth Circuit and the U.S. Court of Appeals for the District of Columbia Circuit.
This report provides a tabular listing of cases in which Judge Gorsuch authored a majority, concurring,...
The Scalia Vacancy in Historical Context: Frequently Asked Questions
The procedure for appointing a Justice to the Supreme Court of the United States is provided for by the Constitution in only a few words. The “Appointments Clause” (Article II, Section 2, clause 2) states that the President “shall nominate, and by and with the Advice and Consent of the Senate shall appoint ... Judges of the supreme Court.” The process of appointing Justices has undergone changes over two centuries, but its most basic feature—the sharing of power between the President and Senate—has remained unchanged. To receive a lifetime appointment to the Court, a candidate must first...
Anti-Money Laundering: An Overview for Congress
Anti-money laundering (AML) refers to efforts to prevent criminal exploitation of financial systems to conceal the location, ownership, source, nature, or control of illicit proceeds. Despite the existence of long-standing domestic regulatory and enforcement mechanisms, as well as international commitments and guidance on best practices, policymakers remain challenged to identify and address policy gaps and new laundering methods that criminals exploit. According to United Nations estimates recognized by the U.S. Department of the Treasury, criminals in the United States generate some $300...
An Overview of Recent Tax Reform Proposals
Many agree that the U.S. tax system is in need of reform. Congress continues to explore ways to make the U.S. tax system simpler, fairer, and more efficient. In doing so, lawmakers confront challenges in identifying and enacting policies, including consideration of competing proposals and differing priorities. To assist Congress as it continues to debate the intricacies of tax reform, this report provides a review of legislative tax reform proposals introduced since the 113th Congress.
Although no comprehensive tax reforms have been introduced into legislation yet in the 115th Congress,...
Federally Funded Academic Research Requirements: Background and Issues in Brief
For decades, the federal government and academic research institutions have been partners in supporting American innovation, competitiveness, and economic growth. The federal government is the largest source of academic research and development (R&D) funding in the United States, providing funds through more than two dozen federal agencies, with the National Institutes of Health (NIH) and the National Science Foundation (NSF) providing the largest portions of federal R&D funding to U.S. colleges and universities.
As part of oversight of federal funding for academic research, Congress and...
Filling Advice and Consent Positions at the Outset of Recent Administrations, 1981-2009
The length of the appointment processes during presidential transitions has been of concern to observers for more than 30 years. The process is likely to develop a bottleneck during this time due to the large number of candidates who must be selected, vetted, and, in the case of positions filled through appointment by the President with the advice and consent of the Senate (PAS positions), considered by that body.
The appointment process has three stages: selection and vetting, nomination and Senate consideration, and presidential appointment. Congress has taken steps to accelerate...
Provisions Affecting the Congressional Budget Process Included in H.Res. 5 (115th Congress)
On January 3, 2017, the House passed H.Res. 5, adopting the standing rules for the House of Representatives for the 115th Congress. In addition to the standing rules, H.Res. 5 included several separate orders. This report provides information on the standing rules and separate orders that might affect the congressional budget process.
“Dear Colleague” Letters in the House of Representatives: Past Practices and Issues for Congress
The practice of one Member, committee, or office broadly corresponding to other Members, committee, or officers dates back to at least the 1800s. At least as early as 1913, this correspondence was labeled as “Dear Colleague” letters. Since 2003, it has been possible to track the volume of House “Dear Colleague” letters sent through an email-based distribution system (from 2003 to 2008) and a web-based distribution system (since 2008). The creation of the web-based e-“Dear Colleague” distribution system in 2008 has made it possible to systematically examine “Dear Colleague” letters, thereby...
Health Care-Related Expiring Provisions of the 115th Congress, First Session
This report provides descriptions of selected health care-related provisions that are scheduled to expire during the 115th Congress, first session (i.e., during calendar year [CY] 2017). For purposes of this report, expiring provisions are defined as portions of law that are time limited and will lapse once a statutory deadline is reached absent further legislative action. The expiring provisions included in this report are those related to Medicare, Medicaid, State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities. The report also includes...
Current Ballistic Missile Defense (BMD) Issues
Little detail is currently available about the Trump Administration’s agenda for missile defense and whether current policy or program direction might change. The Administration has thus far said only that it will “develop a state-of-the-art missile defense system to protect against missile-based system attacks from states like Iran and North Korea.” A detailed defense budget will not be presented until later this spring, so there is uncertainty as to what precisely the BMD budget and program will look like. Ongoing BMD issues of interest to Congress are summarized below.
Legislative...
Oil Market Effects of a Tax on Mexican Imports
In 2016, the United States imported 588 thousand barrels per day (m/d) of Mexican crude oil valued at $7.6 billion. Recently, the Trump Administration floated the idea of imposing of a 20% tax on imports from Mexico, presumably including crude oil imports, to fund the construction of a wall along the U.S.-Mexican border. Although subsequent Administration statements have raised doubts about this specific proposal, a tax on Mexican crude oil could have implications for the North American oil market. Effects on the relative prices of crude oil in the region could create market inefficiencies...
Since the United States embarked on a strategy to counter the Islamic State (also known as ISIL or ISIS) in 2014, some Members of Congress have raised concerns about the President’s underlying authority to engage in anti-IS military operations. In the 114th Congress, both houses of Congress took steps to revisit the possibility of considering legislation to provide authority for the use of military force (AUMF) against the Islamic State. Interest has continued into the first session of the 115th Congress and with the start of the Trump Administration.
In 2014, the armed offensive of the...
Housing Issues in the 114th Congress
Housing and residential mortgage markets in the United States are continuing to recover from several years of turmoil that began in 2007-2008, though the recovery has been uneven across the country. Nationally, home prices have been consistently increasing since 2012. Negative equity and mortgage foreclosure rates have been steadily decreasing, though both remain elevated. Home sales have begun to increase, with sales of existing homes approaching levels that were common in the early 2000s, though sales of new homes and housing starts remain relatively low.
Mortgage originations have also...
Child Welfare: Oversight of Psychotropic Medication for Children in Foster Care
Children in foster care are children that the state has removed from their homes and placed in another setting designed to provide round-the-clock care (e.g., foster family home, group home, child care institution). The large majority of children enter foster care because of neglect or abuse at the hands of their parents. Maltreatment by a caregiver is often traumatic for children, and may lead to children having challenges regulating their emotions and interpreting cues and communication from others, among other problem behaviors. Children in foster care are more likely to have mental...
Medicare Advantage (MA)–Proposed Benchmark Update and Other Adjustments for CY2018: In Brief
SUMMARY TO BE SUPPRESSED
Medicare Advantage MA Part C Advance notice of methodological changes for CY2018 Capitation Rates, AHIP Benchmark Bid National Per Capita MA Growth Percentage US Per Capita Cost Growth Percentage USPCC, NPCMAGP EGWP Employer Group Waiver risk adjustment normalization cap payments quality bonus payment demonstration applicable amount specified amount Affordable Care Act phase-in to new benchmark coding pattern differences normalization ACA (P.L. 111-148, as amended)
U.S. Sanctions and Russia’s Economy
In response to Russia’s annexation of the Crimean region of neighboring Ukraine and its support of separatist militants in Ukraine’s east, the United States imposed a number of targeted economic sanctions on Russian individuals, entities, and sectors. The United States coordinated its sanctions with other countries, particularly the European Union (EU). Russia retaliated against sanctions by banning imports of certain agricultural products from countries imposing sanctions, including the United States.
U.S. policymakers are debating the use of economic sanctions in U.S. foreign policy...
Key Historical Court Decisions Shaping EPA’s Program Under the Clean Air Act
This report provides a selective overview of court decisions that historically have most shaped EPA’s program under the Clean Air Act (CAA or Act). Court decisions described in the report deal with the following:
National ambient air quality standards (NAAQSs), holding that in setting the standards EPA is not to consider economic and technological feasibility.
State implementation plans for achieving NAAQSs, holding that EPA may not consider economic and technological feasibility in approving or disapproving such plans, or that the state plan is more stringent than necessary, or does not...
Challenges for U.S. Policymakers in Latin America and the Caribbean
The Latin American and Caribbean region has made significant political and economic advances over the past three decades, but challenges remain. Regular free and fair elections are the norm in most countries; in 2017, presidential elections are scheduled for Ecuador in February and Chile and Honduras in November, while parliamentary elections are due in the Bahamas by May. The quality of democracy, however, has eroded in several countries affected by organized crime, corruption, and the executive’s abuse of power. The rise of leftist populism, most prominently in Venezuela, has led to the...
In 2005, the United States imported approximately 217 million barrels of oil-sands-derived crude oils from Canada. In 2015, that figure increased to 587 million barrels, accounting for approximately 22% of crude oil imports from all nations. Pipeline oil spills, including the 2010 Enbridge spill in Michigan and the 2013 ExxonMobil spill in Arkansas, involved this material and generated interest from policymakers and a variety of stakeholders.
The Oil Spill Liability Trust Fund (OSLTF) provides an immediate source of federal funding to respond to oil spills in a timely manner. Monies from...
President Trump’s executive order (EO) “Enhancing Public Safety in the Interior of the United States” issued on January 25, 2017, seeks, among other things, to penalize “sanctuary jurisdictions.” The latter is an informal term referring to states and localities that limit their cooperation with federal agencies on immigration law enforcement. In the immigration context, the EO may raise legal questions about the extent to which states and localities must comply with federal immigration law enforcement efforts and the potential consequences for not cooperating with these efforts.
What Are...
Army Corps Easement Process and Dakota Access Pipeline Easement Status
The Dakota Access Pipeline (DAPL) is a 1,172-mile pipeline system to transport oil from North Dakota to Illinois. The pipeline’s developer is pursuing a route that would cross under the Missouri River on federally owned land in North Dakota at the Lake Oahe project of the U.S. Army Corps of Engineers (Corps). Public debate and litigation over the pipeline has raised questions for Congress regarding the Corps’ process for granting pipeline easements to cross federally owned, Corps-managed land (hereinafter referred to as Corps land), including the scope of impacts considered, especially oil...
“Fiscal Space” and the Federal Budget
Policymakers are interested in the concept of “fiscal space,” or the amount of room available for additional government borrowing, as they discuss plans for the federal budget. Though budget deficits have declined in recent years, debt held by the public was estimated to equal 77.0% of gross domestic product (GDP) at the end of FY2016, which would represent the highest ratio since FY1950. This Insight examines contributing factors to fiscal space availability and discusses recent developments. Assuming a continuation of low interest rates, it is unlikely that fiscal space will constrain...
Long-Term Care Services for Veterans
The Veterans Health Administration (VHA), an operating unit of the Department of Veterans Affairs (VA), is a direct service provider of health care, similar in many ways to a large private sector health care system. In addition to providing inpatient, outpatient, and a range of other medical care services, the VHA provides and purchases long-term care services. The VA is one of two federal payers of long-term care services (the other being Medicaid).
Since the 1960s, the VA has been authorized to provide nursing home care to eligible veterans in various settings, including VA facilities,...
The Federal Budget Deficit and the Business Cycle
The annual federal budget deficit has fallen significantly over the course of the current economic expansion, from a high of 9.8% of gross domestic product (GDP) in FY2009 to 3.2% of GDP in FY2016. However, the debt held by the public has continued to increase, and was equal to 77.0% of GDP at the end of FY2016, the highest level since FY1950. This Insight discusses how deficits responded to previous expansions and recessions. Based on historical experience, recent trends toward achieving fiscal sustainability are likely to reverse the next time the economy enters a recession.
The Deficit...
India’s Natural Gas: A Small Part of the Energy Mix
India’s population is expected to surpass China as the world’s largest by 2022, reaching approximately 1.4 billion people, creating greater demand for energy. India has the potential to be a much larger producer and consumer of natural gas. Competing political and economic factors have limited the government’s effectiveness in changing the country’s energy mix, which is heavily weighted toward coal and oil. Continually beset by high-profile environmental issues such as major air pollution and contaminated water supplies due to their reliance on coal and oil, the Indian government is now...
Congressional Gold Medals, 1776-2016
Senators and Representatives are frequently asked to support or sponsor proposals recognizing historic events and outstanding achievements by individuals or institutions. Among the various forms of recognition that Congress bestows, the Congressional Gold Medal is often considered the most distinguished. Through this venerable tradition, the occasional commissioning of individually struck gold medals in its name, Congress has expressed public gratitude on behalf of the nation for distinguished contributions for more than two centuries. Since 1776, this award, which initially was bestowed...
Financing the U.S. Trade Deficit
The U.S. merchandise trade deficit is a part of the overall U.S. balance of payments, a summary statement of all economic transactions between the residents of the United States and the rest of the world, during a given period of time. Some Members of Congress and other observers have grown concerned over the magnitude of the U.S. merchandise trade deficit and the associated increase in U.S. dollar-denominated assets owned by foreigners. International trade recovered from the global financial crisis of 2008-2009 and the subsequent slowdown in global economic activity that reduced global...
More Low-Cost Transatlantic Flights May Shake Airline Industry
On December 2, 2016, the U.S. Department of Transportation (DOT) issued its final decision approving Norwegian Air International’s (NAI’s) application for a foreign air carrier permit to operate transatlantic flights to U.S. destinations. This action is expected to lead to a substantial increase in discount airline service across the North Atlantic over the next few years.
DOT approval came after contentious exchanges between opponents and supporters and was deferred for three years after NAI submitted its application on December 2, 2013. DOT’s delay in granting or denying the permit led...
Wildfire Suppression Spending: Background, Issues, and Legislation
Congress has directed that the federal government is responsible for managing wildfires that begin on federal lands, such as national forests or national parks. The states are responsible for managing wildfires that originate on all other lands. Although a greater number of wildfires occur annually on nonfederal lands, wildfires on federal lands tend to be much larger, particularly in the western United States. The federal government’s wildfire management responsibilities—fulfilled primarily by the Forest Service (FS) and the Department of the Interior (DOI)—include prevention, detection,...
Family and Medical Leave Act (FMLA): Proposed Legislation in the 114th Congress
The Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3, as amended) entitles eligible employees to unpaid, job-protected leave for certain family and medical needs, with continuation of group health plan benefits.
Through the act, Congress sought to strike a balance between workplace responsibilities and workers’ growing need to take leave for significant family and medical events. Subsequently, Congress added new categories of leave that allow eligible employees to address certain military exigencies stemming from the deployment of a close family member to a foreign country and to...
Iran Missile Tests and Sanctions
Policy Context
On February 1, 2017, the Trump Administration announced that it was “officially putting Iran on notice” for recent actions that “threaten U.S. friends and allies in the region,” including the January 29 test of a ballistic missile and “weapons transfers [to groups such as Houthi rebels in Yemen], support for terrorism, and other violations of international norms.” The July 2015 multilateral nuclear agreement with Iran, the “Joint Comprehensive Plan of Action” (JCPOA), does not restrict Iran’s ballistic missile programs. However, U.N. Security Council Resolution 2231, which...
Iraqi and Afghan Special Immigrant Visas (SIVs)
The executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” issued on January 27, 2017, includes provisions to generally suspend the entry into the United States of immigrant and nonimmigrant visa holders from seven countries. These provisions have raised questions about the Iraqi and Afghan special immigrant visa (SIV) programs, which enable certain individuals who have worked for the U.S. government in Iraq or Afghanistan to become lawful permanent residents (LPRs) of the United States. Iraq is among the seven countries referenced in the executive...
U.S. Foreign Assistance to Latin America and the Caribbean: Trends and FY2017 Appropriations
Geographic proximity has forged strong linkages between the United States and the nations of Latin America and the Caribbean, with U.S. interests encompassing economic, political, and security concerns. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to advancing democracy and open markets since the 1990s. During the Obama Administration, U.S. policy toward the region chiefly sought to strengthen democratic governance, defend human rights, improve citizen security, enhance social inclusion...
Bypassing Senate Committees: Rule XIV and Unanimous Consent
Most bills and joint resolutions introduced in the Senate, and many House-numbered bills and joint resolutions received by the Senate after House passage, are referred to committee. Some bills and joint resolutions, however, are not referred to committee. This report examines the alternative procedures and actions that the Senate uses to bypass committee consideration of bills and joint resolutions. It also provides examples of how the Senate uses these alternative procedures and actions to facilitate consideration and passage of some bills and joint resolutions.
Provisions of Senate Rule...
Discretionary Spending Under the Affordable Care Act (ACA)
The Affordable Care Act (ACA) authorized many new discretionary grant programs and provided each one with an authorization of appropriations—typically through FY2014 or FY2015—to carry them out. The ACA also reauthorized funding for numerous existing programs with expired authorizations of appropriations, most of which were still receiving annual funding.
The Congressional Budget Office (CBO) estimated that fully funding the discretionary grant programs authorized (or reauthorized) by the ACA, based on the amounts specified in the authorizations of appropriations, would result in...
Cars, Trucks, Aircraft, and EPA Climate Regulations
This report discusses EPA’s authority to regulate greenhouse gas (GHG) emissions as it pertains to mobile sources, including cars, trucks, aircraft, ships, locomotives, nonroad vehicles and engines, and their fuels. The Supreme Court held in 2007 that the Clean Air Act (CAA) authorizes the agency to address GHG emissions. The key to using this CAA authority was for the EPA Administrator to find that GHG emissions endanger public health or welfare, a step taken in December 2009.
Under the Trump Administration, it is unclear whether this authority will be put to further use. Other questions...
Congress is deeply divided over implementation of the Affordable Care Act (ACA), the health reform law enacted in March 2010 during the 111th Congress. Since the ACA’s enactment, lawmakers opposed to specific provisions in the ACA or the entire law have repeatedly debated its implementation and considered bills to repeal, defund, delay, or otherwise amend the law.
During the 112th, 113th, and 114th Congresses, the Republican-led House passed numerous ACA-related bills, including legislation that would repeal the entire law. There was much less debate in the Senate, which remained under...
On December 20, 2016, the U.S. Department of Agriculture’s (USDA’s) Grain Inspection, Packers and Stockyards Administration (GIPSA) released the Farmer Fair Practices Rules consisting of an interim final rule and two proposed rules that address marketing and competition issues for livestock and poultry markets. GIPSA initially proposed these rules in 2010 to implement 2008 farm bill (P.L. 110-246) provisions, and they are commonly referred to as the “GIPSA rule.”
The GIPSA rule was intended to ensure fair competition in livestock and poultry markets by clarifying what constituted a...
Appropriations and Fund Transfers in the Affordable Care Act (ACA)
Implementation of the Patient Protection and Affordable Care Act (Affordable Care Act, or ACA) is having a significant impact on federal mandatory—also known as direct—spending. Most of the projected spending under the law is for expanding health insurance coverage. This spending includes premium tax credits and other subsidies for individuals and families that purchase private insurance coverage through the health insurance exchanges established under the ACA, as well as federal matching funds for states that have expanded their Medicaid programs.
In addition, the ACA included numerous...
Proposals to Eliminate Public Financing of Presidential Campaigns
Recent Congresses have debated whether or how to maintain the presidential public financing program, which consisted of financing for candidates and nominating conventions until 2014. The 113th Congress eliminated public financing of nominating conventions. Amid this backdrop, there is consensus that, with no change in the status quo, the most competitive presidential candidates—who may still choose to accept public financing if they wish to do so—will either need substantial additional resources via a reformed public financing program or will decline public financing entirely. None of the...
The Loss of Quorum at the Federal Energy Regulatory Commission
On January 25, 2017, President Trump designated Commissioner Cheryl LaFleur of the Federal Energy Regulatory Commission (FERC or the Commission) to serve as acting chairwoman of FERC, replacing Norman Bay as chair. Commissioner Bay subsequently resigned from the Commission effective February 3, 2017, leaving FERC without a voting quorum of three members, since only acting Chairwoman LaFleur and Commissioner Colette Honorable remain as members of the Commission. The absence of a quorum limits FERC’s authority to issue orders concerning projects or rate and tariff issues. A quorum will not...
Public Charge Grounds of Inadmissibility and Deportability: Legal Overview
The Immigration and Nationality Act (INA) has long provided for aliens’ exclusion and deportation from the United States on “public charge” grounds. Under current law, aliens outside the United States who seek to obtain visas at U.S. consulates overseas, or admission at U.S. ports of entry, are generally denied entry if they are deemed “likely at any time to become a public charge.” Aliens within the United States who seek to adjust their status to that of lawful permanent resident (LPR), or who entered the United States without inspection, are also generally subject to this ground of...
Cabo Verde: Background and U.S. Relations
Cabo Verde, a small island nation of just over half a million people located off the west coast of Africa, is of strategic significance to the United States because its geographic location has made the country a transshipment point for Latin American cocaine bound for Europe and a key refueling stopover for trans-Atlantic air traffic between Africa and the United States.
The country is also a long-standing U.S. ally in Africa that the State Department has cited as a model of democratic governance in the region since its transition from single party rule to a multi-party political system...
Why Did March 2016 U.N. Sanctions Not Curb China’s Imports of Coal from North Korea?
On March 2, 2016, the United Nations Security Council adopted Resolution 2270 (UNSCR 2270), imposing new sanctions on North Korea (also known as the Democratic People’s Republic of Korea, or DPRK) in response to the country’s fourth nuclear test. One target of the resolution was North Korea’s income from coal. North Korea’s annual earnings from coal exports were estimated to be “approximately a billion dollars,” according to the U.S. Ambassador to the United Nations at the time, Samantha Power. She said UNSCR 2270’s limits on coal and other North Korean exports would make it “tougher for...
“El Chapo” Guzmán’s Extradition: What’s Next for U.S.-Mexican Security Cooperation?
The notorious drug trafficking kingpin Joaquín “El Chapo” Guzmán is in U.S. custody, following the Mexican government’s high-profile decision to extradite him to the United States on January 19, 2017, the day before President Donald J. Trump took office. According to a 2016 superseding indictment filed with the Eastern District Court of New York, Guzmán is charged with operating a continuing criminal enterprise and conducting drug-related crimes as the purported leader of the Mexican criminal syndicate commonly known as the Sinaloa Cartel. According to the Drug Enforcement Administration,...
The Pacific Islands: Policy Issues
The Pacific Islands region, also known as the South Pacific or Southwest Pacific, presents
Congress with a diverse array of policy issues. It is a strategically important region with which the United States shares many interests with Australia and New Zealand. The region has attracted growing diplomatic and economic engagement from China, a potential competitor to the influence of the United States, Australia, and New Zealand. Congress plays key roles in approving and overseeing the administration of the Compacts of Free Association that govern U.S. relations with the Marshall Islands,...
Foreign Assistance: The Mexico City Policy
On January 23, 2017, President Trump issued a memorandum reinstating the “Mexico City policy,” which requires foreign nongovernmental organizations (NGOs) receiving certain types of U.S. assistance to certify that they will not perform or actively promote abortion as a method of family planning, even if such activities are conducted with non-U.S. funds.
Background and Context: Key Administration Actions
The Mexico City policy has remained a controversial issue in U.S. foreign assistance. Since it was first issued by President Reagan in 1984, the policy has been established and rescinded...
Mexican-U.S. Relations: Increased Tensions
On January 26, 2017, Mexican President Enrique Peña Nieto canceled an upcoming meeting with President Donald J. Trump after exchanges between the two leaders over social media concerning U.S. policies toward Mexico. In an address on January 25, President Peña Nieto vowed to protect Mexican migrants in the United States who are vulnerable to deportation and reiterated Mexico’s refusal to pay for a border wall but also stated his “willingness to reach agreements” if they are in Mexico’s interest. Mexicans have strongly supported Peña Nieto’s actions with respect to President Trump. After a...
The 1996 welfare reform law (P.L. 104-193) created the Temporary Assistance for Needy Families (TANF) block grant. TANF’s predecessor program, Aid to Families with Dependent Children (AFDC), historically assisted non-working single mothers. The debates leading to the 1996 law focused on how to move those single mothers from welfare to work.
TANF provides states with flexibility in how they design their programs. It has national goals, one of which is ending dependence of needy parents on government benefits by, in part, promoting job preparation and work. To enforce that goal, TANF...
On January 27, 2017, President Trump signed an executive order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” Invoking Immigration and Nationality Act (INA) §212(f), the President barred citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days, with limited exceptions for those traveling on diplomatic and certain other types of visas. The action has given rise to the question of how these seven countries were selected.
The EO does not specifically mention the seven countries. Instead, the EO...
This Insight provides comparative historical data related to U.S. district court vacancies that existed at the beginning and end of the Obama presidency (as well as at the beginning and end of the presidencies of his two most recent predecessors, Presidents George W. Bush and Clinton). This Insight also provides a geographic overview of the location of district court vacancies that existed on President Obama’s final full day in office (i.e., on January 19, 2017), as well as the location of vacancies deemed “judicial emergencies” by the Administrative Office of U.S. Courts.
At present,...
The Airport and Airway Trust Fund (AATF): An Overview
The Airport and Airway Trust Fund (AATF), sometimes referred to as the aviation trust fund, has been the primary funding source for federal aviation programs since 1972. It provides all funding for three major accounts of the Federal Aviation Administration (FAA): the Airport Improvement Program (AIP), Facilities and Equipment (F&E), and Research, Engineering, and Development (RE&D). It also pays for most spending from FAA’s Operations and Maintenance (O&M) account.
The trust fund is funded principally by a variety of taxes paid by users of the national aviation system. Revenue sources for...
This Insight provides comparative historical data related to U.S. circuit court vacancies that existed at the beginning and end of the Obama presidency (as well as at the beginning and end of the presidencies of his two most recent predecessors, Presidents George W. Bush and Clinton). This Insight also provides a geographic overview of the location of circuit court vacancies that existed on President Obama’s final full day in office (i.e., on January 19, 2017), as well as the location of vacancies deemed “judicial emergencies” by the Administrative Office of U.S. Courts.
At present,...
Present Trends and the Evolution of Mandatory Spending
Federal spending is divided into three broad categories: discretionary spending, mandatory spending, and net interest. Mandatory spending is composed of budget outlays controlled by laws other than appropriation acts, including federal spending on entitlement programs. Entitlement programs such as Social Security, Medicare, and Medicaid make up the bulk of mandatory spending. Other mandatory spending funds various income support programs, including Supplemental Security Income (SSI), unemployment insurance, and the Supplemental Nutrition Assistance Program (SNAP), as well as federal...
Major Agricultural Trade Issues in the 115th Congress
Trade, particularly exports, is critical to the vitality of American agriculture. On average, foreign markets absorb about one-fifth of U.S. agricultural production, thus contributing significantly to the health of the farm economy. The positive economic effects of trade in farm products are felt well beyond the farm gate. Farm product exports make up about 10% of total U.S. exports and contribute positively to the U.S. balance of trade. The economic benefits of agricultural exports also extend across rural communities, while overseas farm sales help to buoy a wide array of industries...
The National Network for Manufacturing Innovation
Congress maintains a strong interest in the health of U.S. manufacturing due to its central role in the U.S. economy and national defense. In 2012, in his FY2013 budget, President Obama proposed the creation of a National Network for Manufacturing Innovation (NNMI) to help accelerate innovation by investing in industrially relevant manufacturing technologies with broad applications, and to support manufacturing technology commercialization by bridging the gap between the laboratory and the market. The proposal included a request for $1 billion in mandatory funding for the National...
The 2015 National Security Strategy: Authorities, Changes, Issues for Congress
The Obama Administration released a new National Security Strategy (NSS) on February 6, 2015. It was the second NSS document to be published by the Administration; the first was published in May 2010. The 2015 document states that its purpose is to “set out the principles and priorities to guide the use of American power and influence in the world.” The NSS is a congressionally mandated document, originating in the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (P.L. 99-433, §603/50 U.S.C §3043).
The 2015 NSS emphasizes the role of U.S. leadership; the words “lead,”...
U.S. Crude Oil Exports to International Destinations
On December 18, 2015, Congress passed H.R. 2029—the Consolidated Appropriations Act, 2016—which was signed into law as P.L. 114-113. A provision contained in P.L. 114-113 repealed a 40-year prohibition, with exceptions, on the export of crude oil produced in the United States. Removing this prohibition and its associated restrictions provides producers, shippers, and traders with options to market and sell crude oil internationally. Prior to the removal of export restrictions, exceptions resulted in approximately 500,000 barrels per day of crude oil exports—nearly all to Canada—during...
Cross-Border Energy Trade in North America: Present and Potential
The United States, Canada, and Mexico in many ways comprise one large, integrated market for energy commodities. Canada, for example, is the single largest foreign supplier of crude oil to the United States, and the United States is Canada’s sole crude oil customer. Both Mexico and Canada are major buyers of petroleum products refined in the United States. A growing trade in natural gas produced in the United States is also increasingly important to the energy relationship among the three countries. Trade in the other energy commodities—electricity, natural gas liquids, and coal—is...
Trump Administration Changes to the National Security Council: Frequently Asked Questions
On January 28, 2017, the Trump Administration issued National Security Presidential Memorandum (NSPM) 2: Organization of the National Security Council and the Homeland Security Council. The memorandum details how the executive branch intends to manage and coordinate national and homeland security issues among relevant departments and agencies. In keeping with the practices of prior administrations, the White House issued the memorandum early in its tenure. Since the memorandum was signed, some media reports have incorrectly characterized the manner in which the Trump administration appears...
This report discusses Nicaragua’s current politics, economic development, and relations with the United States, and it provides context for Nicaragua’s controversial reelection of President Daniel Ortega late last year. After its civil war ended, Nicaragua began to establish a democratic government in the early 1990s. Its institutions remained weak, however, and they have become increasingly politicized since the late 1990s. Ortega was a Sandinista (Frente Sandinista de Liberacion Nacional, FSLN) leader when the Sandinistas overthrew the dictatorship of Anastasio Somoza in 1979. Ortega was...
The 10-20-30 Rule and Persistent Poverty Counties
Anti-poverty interventions that provide resources to local communities, based on the characteristics of those communities, have been of interest to Congress. One such policy, dubbed the “10-20-30 rule,” was implemented in the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). Title I, Section 105 of ARRA required the Secretary of Agriculture to allocate at least 10% of funds from three rural development program accounts to persistent poverty counties; that is, to counties that have had poverty rates of 20% or more for the past 30 years, as measured by the 1980, 1990, and...
Legislative Planning: Considerations for Congressional Staff
The Congressional Research Service frequently receives inquiries about legislative planning. Legislative and office action plans are often used by congressional offices for almost every significant project, from organizing an extensive conference in the district or state to introducing and guiding legislation. A major action plan requires a firm understanding of the project’s goal, a research strategy, and a time line for completing the project.
This report presents some of the factors usually considered in preparing an action plan. The information is provided in three sections. The first...
One-Minute Speeches: Current House Practices
Recognition for one-minute speeches (commonly called “one minutes”) in the House of Representatives is the prerogative of the Speaker. A period for one minutes usually takes place at the beginning of the legislative day after the daily prayer, the Pledge of Allegiance, and approval of the previous day’s Journal. During this time, Representatives ask unanimous consent to address the House for one minute on a topic of their choice. In addition, one-minute speeches are often permitted after legislative business ends, but before special order speeches begin.
The rules of the House do not...
Endangered Species Act (ESA): The Exemption Process
The Endangered Species Act (ESA) is designed to protect species from extinction, but it includes an exemption process for those unusual cases where the public benefit from an action is determined to outweigh the harm to the species. This process was created by a 1978 amendment to the ESA, but it is rarely used. This report will discuss the exemption process for an agency action, with examples from past controversies, and its potential for application to actions that may affect current controversies, such as water supply.
The ESA mandates listing and protecting species that are endangered...
Special Order Speeches: Current House Practices
Special order speeches (commonly called “special orders”) usually take place at the end of the day after the House has completed all legislative business. During the special order period, individual Representatives deliver speeches on topics of their choice for up to 60 minutes. Special orders provide one of the few opportunities for non-legislative debate in the House. They also give Members a chance to speak outside the time restrictions that govern legislative debate in the House and the Committee of the Whole.
The rules of the House do not provide for special order speeches. Instead,...
Veterans’ Benefits: Eligibility of Merchant Mariners
Although merchant mariners have supported the Armed Forces in every war fought by the United States, they generally are not considered veterans for the purpose of eligibility for federal benefits. Pursuant to legislation enacted in 1977 (P.L. 95-202) and 1988 (P.L. 105-368) and to decisions made by the Secretary of the Air Force in 1985 and 1988, the following groups of World War II-era merchant mariners are the only merchant mariners eligible for veterans’ benefits.
Eligible for all veterans’ benefits:
United States merchant seamen who served on blockships in support of Operation...
Barriers Along the U.S. Borders: Key Authorities and Requirements
Federal law authorizes the Department of Homeland Security (DHS) to construct barriers along the U.S. borders to deter illegal crossings. DHS is also required to construct reinforced fencing along at least 700 miles of the land border with Mexico (a border that stretches 1,933 miles). Congress has not provided a deadline for DHS to meet this 700-mile requirement, and as of the date of this report, fencing would need to be deployed along nearly 50 additional miles to satisfy the 700-mile requirement. Nor has Congress provided guidelines regarding the specific characteristics of fencing or...
Congress included provisions in the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96) for planning, building, and managing a new, nationwide, broadband network for public safety communications, by creating the First Responder Network Authority (FirstNet). The act allocated 10 MHz of additional radio frequency spectrum to accommodate the new network and required that the Federal Communications Commission (FCC) assign a license to FirstNet, comprising the newly designated frequencies plus 10 MHz previously assigned to states by the FCC for public safety use. In addition, the...
United Kingdom’s Prime Minister Visits President Trump
The Special Relationship
On January 27, 2017, United Kingdom (UK) Prime Minister Theresa May is scheduled to be the first foreign leader to meet with President Donald Trump at the White House. Officials on both sides regard the visit as an important opening discussion intended to set the tone of relations between the two leaders and reaffirm key priorities for the U.S.-UK “special relationship.” Many U.S. officials and Members of Congress have traditionally viewed the United Kingdom as the United States’ closest ally, citing the two countries’ extensive and long-standing cooperation on...
Encryption and the “Going Dark” Debate
Changing technology presents opportunities and challenges for U.S. law enforcement. Some technological advances have arguably opened a treasure trove of information for investigators and analysts; others have presented unique hurdles. While some feel that law enforcement now has more information available to them than ever before, others contend that law enforcement is “going dark” as their investigative capabilities are outpaced by the speed of technological change. These hurdles for law enforcement include strong, end-to-end (or what law enforcement has sometimes called “warrant-proof”)...
Suspension of Scheduled Fee Decrease for FHA-Insured Mortgages
In the final weeks of the Obama Administration, the Federal Housing Administration (FHA) announced that it planned to reduce fees charged to households who obtained new FHA-insured mortgages. However, on January 20, the first day of the Trump Administration, FHA announced that it was suspending the planned fee decrease before it went into effect. This Insight describes FHA mortgage insurance fees and common arguments for and against decreasing them.
Background
Most mortgage lenders require homebuyers with down payments below 20% to purchase some kind of mortgage insurance that protects...
The Temporary Assistance for Needy Families (TANF) Block Grant Legislation in the 114th Congress
P.L. 114-254, the further continuing resolution for FY2017, extended funding and program authority for the Temporary Assistance for Needy Families (TANF) block grant through April 28, 2017. Though several bills that would have changed TANF policies were reported by the House Ways and Means Committee to the full House during the 114th Congress—and one bill passed the House—none were enacted.
The TANF block grant funds grants to states, tribes, and territories for providing benefits, services, and activities to broadly address both the effects and root causes of childhood economic and social...
The Senate “hold” is an informal practice whereby Senators communicate to Senate leaders, often in the form of a letter, their policy views and scheduling preferences regarding measures and matters available for floor consideration. Unique to the upper chamber, holds can be understood as information-sharing devices predicated on the unanimous consent nature of Senate decision-making. Senators place holds to accomplish a variety of purposes—to receive notification of upcoming legislative proceedings, for instance, or to express objections to a particular proposal or executive nomination—but...
SEC Regulatory Accountability Act (H.R. 78) Would Require More SEC Cost-Benefit Analysis
The SEC Regulatory Accountability Act (H.R. 78) passed in the House of Representatives by a recorded vote of 243 to 184 on January 12, 2017. Under current law, the Securities and Exchange Commission (SEC) is required to perform certain cost-benefit analysis (CBA)—a systematic and sometimes quantified examination of potential economic costs and benefits resulting from the implementation of a proposed rule—as part of the rulemaking process. H.R. 78 would impose additional cost-benefit requirements for the SEC, would specify parameters and considerations that must be part of the analysis, and...
Energy-Water Nexus: The Water Sector’s Energy Use
Water and energy are resources that are reciprocally and mutually linked, because meeting energy needs requires water, often in large quantities, for mining, fuel production, hydropower, and power plant cooling, and energy is needed for pumping, treatment, and distribution of water and for collection, treatment, and discharge of wastewater. This interrelationship is often referred to as the energy-water nexus, or the water-energy nexus. There is growing recognition that “saving water saves energy.” Energy efficiency initiatives offer opportunities for delivering significant water savings,...
Privileged Business on the House Floor
Privileged business is the legislative business of the House that Members have a right to call up for consideration on the floor when the House is not engaged in considering some other matter. Privileged business consists of various kinds of bills, resolutions, and other matters. (The concept and list of privileged motions, such as the motion to adjourn, are not discussed here.).
Executive Authority to Exclude Aliens: In Brief
The Immigration and Nationality Act (INA) provides that individual aliens outside the United States are “inadmissible”—or barred from admission to the country—on health, criminal, security, and other grounds set forth in the INA. However, the INA also grants the Executive several broader authorities that could be used to exclude certain individual aliens or classes of aliens for reasons that are not specifically prescribed in the INA.
Section 212(f) of the INA is arguably the broadest and best known of these authorities. It provides, in relevant part, that
Whenever the President finds...
Blue-Slipping: Enforcing the Origination Clause in the House of Representatives
Article I, Section 7, clause 1 of the U.S. Constitution is known generally as the Origination Clause because it requires that
[a]ll bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.
As generally understood, this clause carries two kinds of prohibitions. First, the Senate may not originate any measure that includes a provision for raising revenue, and second, the Senate may not propose any amendment that would raise revenue to a non-revenue measure. However, the Senate may generally amend a...
Considering Measures in the House Under the One-Hour Rule
The fundamental rule of the House of Representatives governing debate is the one-hour rule. Clause 2 of Rule XVII states in part that no one shall “occupy more than one hour in debate on a question in the House.” When the House debates a bill on the floor under this rule, the bill is said to be considered “in the House.” The House considers bills on the floor under the one-hour rule unless it resorts to one of the alternative packages of floor procedures provided under other House rules, especially the Committee of the Whole and motions to suspend the rules. In some cases, a primary...
The 115th Congress faces reauthorization of the current five-year farm bill—the Agricultural Act of 2014 (P.L. 113-79)—because many of its provisions expire in 2018. The following table provides names and contact information for CRS experts on policy issues related to the farm bill. Numerous agricultural and food issues are addressed in the farm bill, including farm commodity support, conservation, international food aid and agricultural trade, nutrition assistance, farm credit, rural development, agricultural research, forestry, bioenergy, horticulture and organic agriculture, crop...
FY2017 National Defense Authorization Act: Selected Military Personnel Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on H.R. 4909 as passed by the House on May 26, 2016, S. 2943 as passed by the Senate on July 21, 2016, and the final enacted bill (P.L. 114-328) which was signed by the President on December 23, 2016. This report provides a brief synopsis of sections in each bill that pertain to selected personnel policies. These include issues such as military...
Venezuela: Issues for Congress, 2013-2016
Although historically the United States had close relations with Venezuela, a major oil supplier, friction in bilateral relations increased under the leftist, populist government of President Hugo Chávez (1999-2013), who died in 2013 after battling cancer. After Chávez’s death, Venezuela held presidential elections in which acting President Nicolás Maduro narrowly defeated Henrique Capriles of the opposition Democratic Unity Roundtable (MUD), with the opposition alleging significant irregularities. In 2014, the Maduro government violently suppressed protests and imprisoned a major...
The Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA; P.L. 104-330) replaced several existing sources of housing funding for Native Americans with a single block grant, the Native American Housing Block Grant (NAHBG). Through the NAHBG, tribes and Alaska Native villages receive formula funding from the Department of Housing and Urban Development (HUD) to use for a variety of affordable housing activities that benefit low-income Native American households living in tribal areas. NAHASDA also authorizes a loan guarantee program for tribes (the Title VI loan...
Many nations maintain armies whose ultimate responsibility is to defeat other nations’ combat formations on the battlefield. In order to accomplish this, nations indigenously develop, maintain, and improve a variety of ground combat systems or purchase them from other nations. Ground combat system development and improvement is informed by existing and emerging technologies and budgetary factors as well as observations from current land conflicts. As this process is also intended to address potential future battlefield threats, beliefs as to what the future combat operational environment...
Cuba: Issues and Actions in the 114th Congress
Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. In 2013, Raúl began his second and final five-year term, which is scheduled to end in February 2018, when he would be 86 years of age. Castro has implemented a number of market-oriented economic policy changes over the past several years. An April 2016 Cuban Communist Party congress endorsed the current gradual pace of Cuban economic reform. Few observers expect...
An Overview of the Housing Finance System in the United States
When making a decision about housing, a household must choose between renting and owning. Multiple factors, such as a household’s financial status and expectations about the future, influence the decision. Few people who decide to purchase a home have the necessary savings or available financial resources to make the purchase on their own. Most need to take out a loan. A loan that uses real estate as collateral is typically referred to as a mortgage.
A potential borrower applies for a loan from a lender in what is called the primary market. The lender underwrites, or evaluates, the...
U.S. Farm Program Eligibility and Payment Limits
Current U.S. farm program participants—whether individuals or multi-person legal entities—must meet specific eligibility requirements to receive benefits under certain farm programs. Some requirements are common across most programs while others are specific to individual programs. In addition, program participants are subject to annual payment limits that vary across different combinations of farm programs. Federal farm support programs, along with their current eligibility requirements and payment limits, are listed in Table 1.
Since 1970, Congress has used varying policies to address...
National Fish and Wildlife Foundation (NFWF): History, Function, and Funding
The National Fish and Wildlife Foundation (NFWF) was chartered by Congress in 1984 to aid in the conservation of plants, animals, and ecosystems; many of its projects involve work with federal agencies. By statute, NFWF is a “charitable and nonprofit corporation and is not an agency or establishment of the United States.” Registered under the Internal Revenue Code (IRC) Section 501(c)(3), NFWF is not a part of the Fish and Wildlife Service (FWS, Department of the Interior), though it does have certain links to that agency, as well as to the National Oceanic and Atmospheric Administration...
Russia and the U.S. Presidential Election
On January 6, 2016, the Office of the Director of National Intelligence (ODNI) released a declassified report on Russian activities and intentions related to the 2016 U.S. presidential election. The report states that the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA) have “high confidence” that Russian President Vladimir Putin “ordered an influence campaign in 2016 aimed at the US presidential election” in order to “undermine public faith in the US democratic process, denigrate [Hillary] Clinton, and harm her...
Invasive Species: Major Laws and the Role of Selected Federal Agencies
An “invasive” species (alternatively known as an alien, exotic, injurious, introduced or naturalized, non-native, nonindigenous, nuisance, or noxious species) refers to an animal or plant that is introduced into an environment where it is not native. The introduction of invasive species to the United States—whether deliberate or unintentional—from around the globe can pose a significant threat to native animal and plant communities, and may result in extinctions of native animals and plants, species disruptions as native and non-native species compete for limited resources, reduced...
Health Benefits for Members of Congress and Designated Congressional Staff: In Brief
Many private- and public-sector firms offer employer-sponsored health insurance to their employees and contribute toward the cost of that insurance as part of the employee’s compensation package. The federal government, as an employer, also offers health benefits to its employees and retirees. In general, federal employees receive health benefits through the Federal Employees Health Benefits (FEHB) Program, administered by the Office of Personnel Management (OPM). However, Members of Congress and designated congressional staff receive employer-sponsored insurance (ESI) through the District...
Water Resource Issues in the 115th Congress
The 115th Congress faces various water resource development, management, and protection issues. Water resource activities generally encompass navigation improvements, flood damage reduction measures, water supply augmentation, hydropower generation, and aquatic ecosystem restoration. Congressional actions shape reinvestment in aging federal infrastructure (e.g., dams, locks, and levees) and federal and nonfederal investment in new projects. The principal agencies involved in federal water resource infrastructure are the U.S. Army Corps of Engineers (Corps) and the Department of the...
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) included a provision to impose an excise tax on high-cost employer-sponsored insurance (ESI) coverage beginning in 2018 (recently delayed until 2020). This provision, popularly termed the Cadillac tax, imposes an excise tax on ESI coverage in excess of a predetermined threshold. The tax is imposed on the coverage provider, typically the health insurance provider or the entity that administers the plan benefits.
Currently, employers’ spending on ESI coverage and most employees’ contributions to ESI plans are...
The Army Corps of Engineers’ Nationwide Permits Program: Issues and Regulatory Developments
Permits issued by the U.S. Army Corps of Engineers (the Corps) authorize various types of development projects in wetlands and other waters of the United States. The Corps’ regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on jurisdictional waters and wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: general permits authorize landowners to proceed with a project without the more...
U.S. Patent and Trademark Office Appropriations Process: A Brief Explanation
The U.S. Patent and Trademark Office (USPTO) examines and approves applications for patents on claimed inventions and administers the registration of trademarks. It also assists other federal departments and agencies protect American intellectual property in the international marketplace. The USPTO is funded by user fees paid by customers that are designated as “offsetting collections” and subject to spending limits established by the Committee on Appropriations.
Until recently, appropriation measures limited USPTO use of all fees accumulated within a fiscal year. Critics of this approach...
Established Program to Stimulate Competitive Research (EPSCoR): Background and Selected Issues
The Established Program to Stimulate Competitive Research (EPSCoR)—originally named the Experimental Program to Stimulate Competitive Research (EPSCoR)—was established at the National Science Foundation (NSF) in 1978 to address congressional concerns about an “undue concentration” of federal research and development (R&D) funding in certain states. The program is designed to help institutions in eligible states build infrastructure, research capabilities, and training and human resource capacities to enable them to compete more successfully for open federal R&D funding awards. Eligibility...
The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures that, according to the Legislative Information System of the U.S. Congress, received action on the House floor in the...
Inauguration Security: Operations, Appropriations, and Issues for Congress
Every four years, on January 20, the President-elect is sworn in as President of the United States. Presidential inauguration ceremonies are unique public events in the District of Columbia. The inauguration ceremonies are public and, like the President’s State of the Union address, they are events in which a significant proportion of the American political leadership is in attendance. Consequently, the inauguration is designated as a National Special Security Event (NSSE) by the Department of Homeland Security. NSSEs are events that require significant security, in part because of the...
The Office of Surface Mining’s Stream Protection Rule: An Overview
On July 16, 2015, the Office of Surface Mining Reclamation and Enforcement (OSM) of the Department of the Interior proposed a Stream Protection Rule that would revise regulations implementing Title V of the Surface Mining Control and Reclamation Act (SMCRA). Revised rules are intended to avoid or minimize adverse impacts of coal mining on surface water, groundwater, fish, wildlife, and other natural resources by limiting the mining of coal in or through streams, placement of waste in streams and limiting the generation of mining waste. Some of the existing regulations that would be...
Biennial Budgeting: Issues, Options, and Congressional Actions
Difficulties in the timely enactment of budgetary legislation have long fueled interest in the idea that the congressional budget process could be better structured in a way that eases time constraints. The need for consideration of budget matters in the form of concurrent resolutions on the budget, reconciliation measures, tax measures, public debt measures, authorizations, regular appropriations, continuing appropriations, and supplemental appropriations has been criticized as time consuming, repetitive, and inefficient. One long-discussed reform proposal would change the budget cycle...
Sanctuary Jurisdictions and Criminal Aliens: In Brief
The prominence of immigration enforcement issues during the 2016 presidential election as well as publicity surrounding crimes committed by some unauthorized aliens have reignited debates over immigration enforcement in the interior of the country. One homicide case, the July 2, 2015, slaying of a woman in San Francisco by a reported unauthorized alien with a criminal and deportation history, is noteworthy, because the law enforcement agency in question reportedly did not honor an immigration detainer issued by the Department of Homeland Security’s (DHS’s) Immigration and Customs...
Army Corps Projects and Tribal Consultation: Requirements, Policies, and Controversy
Much of the current congressional and public interest in tribal consultation related to U.S. Army Corps of Engineers (Corps) water projects grew out of the Dakota Access Pipeline (DAPL) controversy. Part of the DAPL controversy involves easements at Corps projects for a private oil pipeline and how those easements may affect tribal resources—especially water supplies.
The Corps builds and operates water resource projects across the nation. The Corps’ inventory of water projects includes 702 dams and reservoirs and almost 12 million acres of Corps-owned or -managed lands. The Corps may...
Defining “Specialty Crops”: A Fact Sheet
“Specialty crops” refer to “fruits and vegetables, tree nuts, dried fruits, horticulture, and nursery crops (including floriculture)” as defined in statute by the Specialty Crops Competitiveness Act of 2004, as amended (P.L. 108-465, 7 U.S.C. 1621 note). The statutory definition of specialty crops ties to program eligibility and funding allocations for a number of U.S. Department of Agriculture (USDA) programs providing marketing and research assistance to eligible producer groups. USDA’s list of eligible and ineligible products under the statutory definition is not intended to be all...
The U.S.-EU Beef Hormone Dispute
The United States and the European Union (EU) have engaged in a long-standing and acrimonious trade dispute over the EU’s decision to ban hormone-treated meat. Despite an ongoing series of dispute settlement proceedings and decisions by the World Trade Organization (WTO), there is continued disagreement between the United States and the EU on a range of legal and procedural issues, as well as the scientific evidence and consensus concerning the safety of hormone-treated beef. To date, the EU continues to ban imports of hormone-treated meat and restricts most meat exports to the European...
Increasing Choice, Access, and Quality in Health Care for Americans Act (Division C of P.L. 114-255)
This report summarizes the Increasing Choice, Access, and Quality in Health Care for Americans Act, enacted December 13, 2016, as Division C of the 21st Century Cures Act (P.L. 114-255). Division C comprises Title XV through Title XVII, which include provisions primarily relating to Medicare and Title XVIII, which includes a provision relating to the small-group health insurance market.
Title XV Medicare Part A provisions:
extend the Rural Community Hospital demonstration five years;
require the Secretary of the Department of Health and Human Services (HHS) to account for socioeconomic...
Transportation Security: Issues for the 115th Congress
The nation’s air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them highly vulnerable to terrorist attack. While hardening the transportation sector from terrorist attack is difficult, measures can be taken to deter terrorists. The dilemma facing Congress is how best to construct and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of another terrorist attack without unduly interfering with travel, commerce, and civil liberties.
Aviation security has...
U.S.-EU Poultry Dispute on the Use of Pathogen Reduction Treatments (PRTs)
In January 2009, the United States escalated a long-running dispute with the European Union (EU) over its refusal to accept imports of U.S. poultry treated with certain pathogen reduction treatments (PRTs) by requesting World Trade Organization (WTO) consultations with the EU on the matter, a prerequisite first step toward the establishment of a formal WTO dispute settlement panel. This dispute dates back to 1997, when the EU first banned the use of PRTs on poultry, effectively shutting out virtually all imports from the United States since then. This WTO case has not moved forward.
PRTs...
Wetlands: An Overview of Issues
Recent Congresses have considered numerous policy topics that involve wetlands. Many reflect issues of long-standing interest, such as applying federal regulations on private lands, wetland loss rates, and restoration and creation accomplishments.
The issue receiving the greatest attention recently has been determining which wetlands should be included and excluded from requirements of the Clean Water Act (CWA), especially the Section 404 permit program that regulates waste discharges affecting wetlands, which is administered by the Army Corps of Engineers and the Environmental Protection...
Spill Prevention, Control, and Countermeasure (SPCC) Regulations: Background and Issues for Congress
In 1970, Congress enacted legislation directing the President to promulgate oil spill prevention and response regulations. President Nixon delegated this presidential authority to the Environmental Protection Agency (EPA) in 1970. In 1973, EPA issued Spill Prevention, Control, and Countermeasure (SPCC) regulations that require certain facilities to prevent, prepare for, and respond to oil discharges that may reach navigable waters of the United States or adjoining shorelines.
In general, a facility must prepare an SPCC plan if the facility has an aboveground aggregate oil storage capacity...
Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322: Drinking Water Provisions
EPA and the Army Corps’ Rule to Define “Waters of the United States”
On May 27, 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). The rule revises regulations that have been in place for more than 25 years. Revisions are being made in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than the agencies and lower courts were then doing, and created uncertainty about the appropriate scope of waters protected under the CWA.
According to the agencies, the new...
Latin America and the Caribbean: Key Issues and Actions in the 114th Congress
U.S. Interests and Policy
Geographic proximity has ensured strong linkages between the United States and the Latin American and Caribbean region, based on diverse U.S. interests, including economic, political, and security concerns. U.S. policy toward the region under the Obama Administration focused on four priorities: promoting economic and social opportunity; ensuring citizen security; strengthening effective democratic institutions; and securing a clean energy future. There was substantial continuity in U.S. policy toward the region during the first six years of the Obama...
Major Foreign Aid Initiatives Under the Obama Administration: A Wrap-Up
Over the past few Administrations, Congress has maintained strong interest in and support for the broad global development areas of global health, food security, and climate-related aid and investment. The Obama Administration built its foreign assistance programming around the priorities and practices it identified in the 2010 Presidential Policy Directive (PPD) on Global Development, which identified broad-based economic growth and democratic governance as overarching U.S. development priorities. In particular, the Obama Administration focused on three key initiatives: the Global Health...
Sri Lanka: Background, Reform, Reconciliation, and Geopolitical Context
Sri Lanka is a nation of geopolitical importance despite its relatively small size. Strategically positioned near key maritime sea lanes that transit the Indian Ocean and link Asia with Europe and Africa, Sri Lanka’s external orientation, in particular its ties to China, are of great interest to nearby India. Some observers view China’s involvement in the Sri Lankan port at Hanbantota to be part of Beijing’s strategy to secure sea lanes through the Indian Ocean.
United States-Sri Lanka relations are expanding significantly, creating new opportunities for Congress to play a role in shaping...
Vermont Utility Cybersecurity Alarm
A recent report in the Washington Post stated that Russian hackers had penetrated the U.S. electricity grid, after malware said to be associated with a Russian hacking group was found on a Vermont utility company computer. However, a follow-up story in the Washington Post quoted U.S. government sources as saying “that the incident is not linked to any Russian government effort to target or hack the utility.”
The cybersecurity alarm was raised after a joint report last week by the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) urged electric utilities to...
Ukraine: Current Issues and U.S. Policy
November 2016 marked the third anniversary of the popular uprising that erupted in Kyiv’s Maidan Square in late 2013 over the government’s decision to reject closer relations with the European Union (EU). February 2017 will mark the third anniversary of the collapse of the Kremlin-favored government of Viktor Yanukovych. The regime’s demise was brought about by bitter protests and by civil society’s reaction to a brutal government response to the Maidan protestors. In the aftermath of the turmoil of the Maidan and the collapse of the government, Ukraine saw the emergence of a pro-Western...
Inspectors General in and Beyond the Presidential Transition Period
Much of the federal government is in transition, as a new Congress convenes and a new Administration prepares to assume leadership of the executive branch. In the coming months, Members will join congressional committees with jurisdictions and responsibilities that may be new to them, and they might seek resources to assist their oversight responsibilities. The 73 federal inspectors general (IGs) are among the resources from which Members might choose to help them in learning about the operations of government agencies. An IG’s knowledge of his or her affiliated agency may be of assistance...
Overview of Further Continuing Appropriations for FY2017 (H.R. 2028)
This report is an analysis of the provisions in H.R. 2028, which provides further continuing appropriations for FY2017 through April 28, 2017. The measure also included appropriations for the remainder of the fiscal year for Overseas Contingency Operations in the Security Assistance Appropriations Act (Division B). On December 10, 2016, the President signed H.R. 2028 into law (P.L. 114-254).
Division A of H.R. 2028 was termed a “continuing resolution” (CR) because it provided temporary authority for federal agencies and programs to continue spending in FY2017 in the same manner as a...
The reduction of the number of families with children receiving cash assistance since the mid-1990s is perhaps the signature indicator used to propose that the 1996 welfare reform law was successful in reducing welfare dependency. The law ended the cash assistance program for needy families with children, Aid to Families with Dependent Children (AFDC), and replaced it with the Temporary Assistance for Needy Families (TANF) block grant. TANF is a broad-based block grant that helps fund state cash assistance programs for needy families with children, but it also funds a wide range of...
Trade in Services Agreement (TiSA) Negotiations: Overview and Issues for Congress
Congress has broad interest in trade in services, which are a large and growing component of the U.S. economy. It also has a direct interest in establishing trade negotiating objectives and potential consideration of a future Trade in Services Agreement (TiSA). Services account for 78% of U.S. private sector gross domestic product (GDP), 82% of private sector employees in 2015, and an increasing portion of U.S. international trade. “Services” refer to a growing range of economic activities, such as audiovisual, construction, and computer and related services; energy; express delivery;...
Colombia’s Peace Process Through 2016
In August 2012, Colombian President Juan Manuel Santos announced that the government was engaged in exploratory peace talks with the violent leftist insurgent group, the Revolutionary Armed Forces of Colombia (FARC), in a bid to resolve a nearly 50-year internal armed conflict. The secret, initial dialogue between the Santos government and the FARC’s leadership led to the opening of formal peace talks with the FARC—the oldest, largest, and best-financed guerrilla organization in Latin America. Formal talks began in Oslo, Norway, in October 2012 and then, as planned, moved to Havana, Cuba,...
Legislative Options in the 114th Congress for Financing Water Infrastructure
This report addresses several options considered by Congress to address the financing needs of local communities for wastewater and drinking water infrastructure projects and to decrease or close the gap between available funds and projected needs. Some of the options exist and are well established, but they have been under discussion for expansion or modification. Other innovative policy options for water infrastructure have been proposed, especially to supplement or complement existing financing tools. Some are intended to provide robust, long-term revenue to support existing financing...
Insurance Regulation: Background, Overview, and Legislation in the 114th Congress
The individual states have been the primary regulators of insurance since 1868. Following the 1945 McCarran-Ferguson Act, this system has operated with the explicit blessing of Congress, but has also been subject to periodic scrutiny and suggestions that the time may have come for Congress to reclaim the regulatory authority it granted to the states. In the late 1980s and early 1990s, congressional scrutiny was largely driven by the increasing complexities of the insurance business and concern over whether the states were up to the task of ensuring consumer protections, particularly...
EPA Regulations: Too Much, Too Little, or On Track?
Since Barack Obama was sworn in as President in 2009, the U.S. Environmental Protection Agency (EPA) has proposed and promulgated numerous regulations to implement the pollution control statutes enacted by Congress. Critics have reacted strongly. Some, both within Congress and outside of it, have accused the agency of reaching beyond the authority given it by Congress and ignoring or underestimating the costs and economic impacts and overestimating the benefits of proposed and promulgated rules. The House conducted vigorous oversight of the agency in the 112th and 113th Congresses, and...
The Role of State Approving Agencies in the Administration of GI Bill Benefits
State Approving Agencies (SAAs) play an important role in the administration of GI Bill® benefits. GI Bill benefits provide educational assistance payments to eligible veterans and servicemembers and their families enrolled in approved programs of education. The SAA role is intended to ensure that veterans and other GI Bill participants have access to a range of high-quality education and training programs at which to use their GI Bill benefits. In FY2017, the Department of Veterans’ Affairs (VA) is estimated to distribute over $14 billion in GI Bill benefits to over 1 million eligible...
The “Waters of the United States” Rule: Legislative Options and 114th Congress Responses
On May 27, 2015, the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) finalized a rule revising regulations that define the scope of waters protected under the Clean Water Act (CWA). Discharges to waters under CWA jurisdiction, such as the addition of pollutants from factories or sewage treatment plants and the dredging and filling of spoil material through mining or excavation, require a CWA permit. The rule was proposed in 2014 in light of Supreme Court rulings that created uncertainty about the geographic limits of waters that are and are not protected...
Kurds in Iraq and Syria: U.S. Partners Against the Islamic State
Since 2014, the United States and members of a coalition it leads have partnered with a politically diverse set of Kurdish groups to combat the Islamic State organization (IS, also known as ISIS/ISIL or by the Arabic acronym Da’esh). For background information on these groups and their relationships in the region, see CRS In Focus IF10350, The Kurds in Iraq, Turkey, Syria, and Iran, by Jim Zanotti and Bolko J. Skorupski.
The capabilities of various Kurdish ground forces have advanced some U.S. objectives in connection with ongoing anti-IS operations. At the same time, as these operations...
Section 179 of the Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114-254), establishes expedited or “fast track” parliamentary procedures governing Senate consideration of legislation that would waive a legal restriction related to the prior military service of the Secretary of Defense. Section 113(a) of Title 10 of the U.S. Code establishes that an individual “may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.” Unless waived, this restriction could be...
The 21st Century Cures Act (Division A of P.L. 114-255)
The 21st Century Cures Act (P.L. 114-255) was signed into law on December 13, 2016, by President Barack Obama. On November 30, 2016, the House passed the House amendment to the Senate amendment to H.R. 34, the 21st Century Cures Act, on a vote of 392 to 26. The bill was then sent to the Senate where it was considered and passed, with only minor technical modification, on December 7, 2016, on a vote of 94 to 5. The law consists of three divisions: Division A—21st Century Cures Act; Division B—Helping Families in Mental Health Crisis; and Division C—Increasing Choice, Access, and Quality...
The Helping Families in Mental Health Crisis Reform Act of 2016 (Division B of P.L. 114-255)
This report summarizes the Helping Families in Mental Health Crisis Reform Act of 2016, enacted on December 13, 2016, as Division B of the 21st Century Cures Act (P.L. 114-255). Division B comprises Title VI through Title XIV. The first five titles in Division B (Title VI – Title X) deal primarily with the Substance Abuse and Mental Health Services Administration (SAMHSA) within the Department of Health and Human Services (HHS). SAMHSA is the federal agency with primary responsibility for increasing access to community-based services to prevent and treat mental disorders and substance use...
The Impeachment of South Korea’s President
On December 9, South Korea’s National Assembly impeached President Park Geun-hye on charges of “extensive and serious violations of the Constitution and the law” stemming from a corruption scandal that, since late October, have brought millions of South Koreans to the streets in weekly anti-Park protests, the largest in the country’s history. The impeachment leaves the South Korean government under a caretaker government—albeit one appointed by Park—while she awaits a decision from the country’s Constitutional Court. The impeachment could complicate a number of U.S. foreign policy efforts...
The Overseas Private Investment Corporation: Background and Legislative Issues
The Overseas Private Investment Corporation (OPIC), a wholly owned U.S. government corporation, is referred to as the U.S. development finance institution (DFI). It provides political risk insurance, project and investment funds financing, and other services to promote U.S. direct investment in developing countries and emerging economies that will have a development impact. It operates under the foreign policy guidance of the Secretary of State. OPIC’s governing legislation is the Foreign Assistance Act of 1961, as amended (22 U.S.C. §2191 et seq.).
Congress periodically has extended...
Clean Air Issues in the 114th Congress
Oversight of Environmental Protection Agency (EPA) regulatory actions received significant attention in the 114th Congress. Of particular interest were two air quality issues: EPA’s Clean Power Plan (CPP) and related rules to regulate greenhouse gas (GHG) emissions from new and existing power plants, promulgated on August 3, 2015; and a revision of the ambient air quality standard for ozone, promulgated on October 1, 2015.
Reducing GHG emissions to address climate change was a major goal of President Obama, but many in Congress have been less enthusiastic about it. In the absence of...
U.S. International Corporate Taxation: Basic Concepts and Policy Issues
Recent deficit reduction and tax reform plans have included broad proposals to reform the U.S. international corporate tax system. These proposals have raised concerns over how changing the way American multi-national corporations are taxed could impact the deficit and debt, domestic job markets, competitiveness, and the use of corporate tax havens, among other things. An informed debate about how to reform the system governing the taxation of U.S. multi-national corporations requires careful consideration of these issues, as well as a basic understanding of several features of the current...
Legal Services Corporation: Background and Funding
The Legal Services Corporation (LSC) is a private, nonprofit, federally funded corporation that helps provide legal assistance to low-income people in civil (i.e., noncriminal) matters. The primary responsibility of the LSC is to manage and oversee the congressionally appropriated federal funds that it distributes in the form of grants to local legal services providers, which in turn give legal assistance to low-income clients in all 50 states, the District of Columbia, the U.S. territories of Guam and the Virgin Islands, the Commonwealth of Puerto Rico, and Micronesia (which includes the...
Department of Education’s Withdrawal of Its Recognition of ACICS as an Accrediting Agency
On December 12, 2016, the Secretary of Education (the Secretary) upheld a previous decision made by a Department of Education (ED) official to withdraw recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency for purposes of institutional participation in the federal student aid programs authorized under Title IV of the Higher Education Act (HEA). The complete effects of the Secretary’s recognition withdrawal are currently unknown; however, approximately 900 separate locations of institutions of higher education (IHEs), enrolling...
OCC to Consider Issuing National Bank Charters to Fintech Company Applicants
On December 2, 2016, Comptroller of the Currency Thomas Curry announced in a speech that the Office of the Comptroller of the Currency (OCC) will “move forward with chartering financial technology [fintech’] companies that offer bank products and services and meet ... high standards and chartering requirements.” On the same day, the OCC released a white paper that examines issues related to such a charter and solicits comments from the public. This Insight examines special purpose charters for fintech companies, their possible benefits, and the concerns they create.
Fintech and...
NASA: FY2017 Budget and Appropriations
The National Aeronautics and Space Administration (NASA) was created in 1958 by the National Aeronautics and Space Act (P.L. 85-568) to conduct civilian space and aeronautics activities. It has four mission directorates. The Science Mission Directorate manages robotic science missions, such as the Hubble Space Telescope, the Mars rover Curiosity, and satellites for Earth science research. The Aeronautics Research Mission Directorate conducts research and development on aircraft and aviation systems. The Space Technology Mission Directorate develops technologies for use in future space...
OSM Finalizes the Stream Protection Rule
On December 19, 2016, the Office of Surface Mining Reclamation and Enforcement (OSM) of the Department of the Interior promulgated a rule to improve implementation of the Surface Mining Control and Reclamation Act (SMCRA) and reduce impacts of coal mining operations on groundwater and surface water, fish, wildlife, and related environmental values. The rule, called the Stream Protection Rule, was published in the Federal Register on December 20. It is effective on January 19, 2017.
Development of the Stream Protection Rule has been underway since 2009 and has been contentious throughout...
DHS Appropriations FY2017: Security, Enforcement, and Investigations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the second title of the homeland security appropriations bill—Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, the U.S. Coast Guard, and the U.S. Secret Service. Collectively, Congress has labeled these components in recent years as “Security, Enforcement, and Investigations.”
The report provides an overview of the...
DHS Appropriations FY2017: Research and Development, Training, and Services
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the fourth title of the homeland security appropriations bill—in past years, this has comprised U.S. Citizenship and Naturalization Services, the Federal Law Enforcement Training Center, the Science and Technology Directorate, and the Domestic Nuclear Detection Office (DNDO). In FY2017, the Administration proposed moving the Domestic Nuclear Detection office into a new Chemical,...
This Fact Sheet summarizes selected highlights of the conference agreement on the FY2017 National Defense Authorization Act (NDAA). The conference report (H.Rept. 114-840), filed in the House on November 30, 2016, is a result of negotiations between the House and Senate on House-passed H.R. 4909 and Senate-passed S. 2943. The agreement authorizes $611.2 billion in discretionary funding for defense activities within the jurisdictions of the House and Senate Armed Services Committees, including $523.7 billion in base discretionary funding for the Department of Defense, $67.8 billion for...
Conventional Arms Transfers to Developing Nations, 2008-2015
This report provides Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all government suppliers, but the principal focus is the level of arms transfers by major weapons supplying governments to nations...
State Management of Federal Lands: Frequently Asked Questions
The federal government owns roughly 640 million acres of land, about 28% of the 2.27 billion acres in the United States. This land is managed by numerous agencies, but four agencies administer about 95% of federal land, with somewhat differing management emphases. These agencies are the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service (FS) in the Department of Agriculture. Most federal land is in the West, including Alaska. The total amount of money the federal government spends...
The African Union (AU): Key Issues and U.S.-AU Relations
U.S. relations with the African Union (AU), an intergovernmental organization to which all African countries except Morocco belong, have strengthened over the past decade. U.S.-AU cooperation has traditionally focused on peace operations and conflict prevention and mitigation. U.S. aid for AU democracy-strengthening initiatives is another key focus of engagement. Other areas of cooperation include economic development, health, governance, peace and security capacity building, and criminal justice. Direct U.S. aid to the AU Commission (AUC, the organization’s secretariat), which oversees AU...
The Federal Food Safety System: A Primer
Numerous federal, state, and local agencies share responsibilities for regulating the safety of the U.S. food supply. Federal responsibility for food safety rests primarily with the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). FDA, an agency of the Department of Health and Human Services, is responsible for ensuring the safety of all domestic and imported food products (except for most meats and poultry). FDA also has oversight of all seafood, fish, and shellfish products. USDA’s Food Safety and Inspection Service (FSIS) regulates most meat and poultry...
U.S. Policy on Cuban Migrants: In Brief
The Obama Administration’s efforts to normalize relations with Cuba focused attention on U.S. policies on immigration and federal assistance that apply to Cuban migrants in the United States—a set of policies that afford Cuban nationals unique immigration privileges. The November 2016 death of Cuba’s Fidel Castro may lead to further consideration of these issues. “Normal” immigration from Cuba to the United States has not existed since the Cuban Revolution of 1959 brought Fidel Castro to power. For more than 50 years, the majority of Cubans who have entered the United States have done so...
Implementation of the FDA Food Safety Modernization Act (FSMA, P.L. 111-353)
Congress passed comprehensive food safety legislation in December 2010 (FDA Food Safety Modernization Act, or FSMA, P.L. 111-353), representing the largest expansion and overhaul of U.S. food safety authorities since the 1930s. FSMA greatly expanded food safety oversight authority at the Food and Drug Administration (FDA) within the U.S. Department of Health and Human Services (HHS). Among its many provisions, FSMA expanded FDA’s authority to conduct a mandatory recall of contaminated food products; enhanced surveillance systems to investigate foodborne illness outbreaks; established new...
The FCC’s Rules and Policies Regarding Media Ownership, Attribution, and Ownership Diversity
From the earliest days of commercial radio, the Federal Communications Commission (FCC) and its predecessor, the Federal Radio Commission, have encouraged diversity in broadcasting. This concern has repeatedly been supported by the U.S. Supreme Court, which has affirmed that “the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public,” and that “assuring that the public has access to a multiplicity of information sources is a governmental purpose of the highest order, for it promotes values central to the First...
Special Minimum Wages for Workers with Disabilities: Frequently Asked Questions
The Fair Labor Standards Act (FLSA), as amended, sets the minimum wage for covered workers at $7.25 per hour. Section 14(c) of the FLSA permits certified employers to pay a worker with a disability that impairs the worker’s productive capacity a special minimum wage (SMW). The SMW may be below the federal minimum wage but must be commensurate with the worker’s productivity and the job’s prevailing wage. This short report answers common questions related to SMWs. It covers federal legislation that authorizes SMWs; how individuals qualify for SMWs; how employers are certified to pay SMWs and...
U.S. International Broadcasting: Background and Issues for Reform
Since the beginning of modern U.S. international broadcasting during World War II, debates over the effectiveness, strategic direction, and necessity of broadcasting activities have persisted. Longstanding arguments over the structure and operation of the Broadcasting Board of Governors (BBG) have only added to these debates, prompting recurring efforts to reform the organization and its programs. Many Members of Congress have consistently shown concerted interest in U.S. international broadcasting, conducting oversight over the BBG and its individual broadcasters, and calling for...
With a change of presidential administrations taking place in January, some in Congress are paying renewed attention to a parliamentary mechanism that might enable the new Congress and the new President to overturn agency final rules of the Obama Administration issued after early June 2016.
The Congressional Review Act (5 U.S.C. §§801-808), enacted as part of the 104th Congress’s (1995-1996) “Contract with America,” established a special parliamentary mechanism whereby Congress can disapprove a final rule promulgated by a federal agency. While Congress has considered several CRA joint...
Water Use Efficiency Legislation in the 114th Congress
More than two dozen legislative proposals in the 114th Congress were introduced that included provisions concerning water use efficiency, or water conservation, in nonagricultural sectors. These legislative proposals did not seek to set specific enforceable water use efficiency standards or goals. Rather, most sought to encourage or provide incentives for adoption of practices, technologies, and measures to achieve improved water use efficiency.
The 114th Congress legislation can be broadly grouped in five categories of proposals.
Codifying the WaterSense program. WaterSense is a...
Latin America: Terrorism Issues
Compared to other parts of the world, the potential threat emanating from terrorism is low in most countries in Latin America. Most terrorist acts occur in the Andean region of South America, committed by two Colombian guerrilla groups—the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN)—and one Peruvian guerrilla group, the Shining Path (SL). All three of these groups have been designated by the U.S. State Department as Foreign Terrorist Organizations (FTOs). The FARC, however, has been engaged in peace negotiations with the Colombian government since...
Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?
This report provides background on the emerging conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA). For the more than 30 years since they were enacted, there had been little apparent conflict between them. But their relationship has recently been challenged in several arenas, including the federal courts and regulatory proceedings of the Environmental Protection Agency (EPA). In this report, a brief discussion of the two laws is followed by a review of the major litigation of interest. EPA’s...
Restrictions on Lobbying the Government: Current Policy and Proposed Changes
During the 2016 presidential campaign, President-elect Donald Trump proposed a series of ethics measures, including several lobbying-related provisions. They are: extending “cooling off” periods on lobbying the government for five years after government service; “instituting a five-year ban on lobbying by former Members of Congress and their staffs”; expanding the definition of a lobbyist to cover former government officials who engage in strategic consulting; and issuing a “lifetime ban against senior executive branch officials lobbying on behalf of a foreign...
Financial Challenges of Operating Nuclear Power Plants in the United States
Some of the 60 operating nuclear power plants (comprising 99 nuclear reactors) in the United States have experienced financial stress in recent years due to a combination of low wholesale electricity prices and escalating costs. Six nuclear reactors have permanently shut down during the past five years, and 19 others have announced their intention to close or have been identified as “at-risk” of closure by financial consultants and ratings agencies.
Generally, U.S. nuclear plants are located in one of two market areas: (1) competitive—where the value of electricity fluctuates based on...
Renewable Identification Numbers (RINs) and Renewable Fuel Standard (RFS) Compliance
The Renewable Fuel Standard (RFS) requires U.S. transportation fuel to contain a minimum volume of renewable fuel. Recent developments pertaining to the mandate—including recent market activity for the compliance system, letters from selected stakeholders about the compliance system to the U.S. Environmental Protection Agency (EPA), and the release of the 2017 final rule for the RFS—have placed an emphasis on RFS compliance not seen since 2013 and could lead to additional congressional interest. Some issues with RFS compliance touch on broader issues with the mandate; addressing these...
The nation’s energy infrastructure is undergoing a major transformation. For example, new technologies and changes in electricity flows place increasing demands on the electric power grid. These changes include increased use of distributed (mostly renewable energy) resources, Internet-enabled demand response technologies, growing loads from electric vehicle use, continued expansion of natural gas use, and integration of energy storage devices.
The Department of Energy’s (DOE’s) Office of Electricity Delivery and Energy Reliability (OE) has the lead role in addressing those infrastructure...
Mountaintop Removal Mining: Background on Recent Controversies
Mountaintop removal mining involves removing the top of a mountain in order to recover the coal seams contained there. This practice occurs in six Appalachian states (Kentucky, West Virginia, Virginia, Tennessee, Pennsylvania, and Ohio). It creates an immense quantity of excess spoil (dirt and rock that previously composed the mountaintop), which is typically placed in valley fills on the sides of the former mountains, burying streams that flow through the valleys. Mountaintop removal mining is regulated under several laws, including the Clean Water Act (CWA) and the Surface Mining Control...
Water Quality Issues in the 114th Congress: An Overview
Much progress has been made in achieving the ambitious goals that Congress established in 1972 in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. However, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions are needed,...
Controversies over Redefining “Fill Material” Under the Clean Water Act
In May 2002, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) announced a regulation redefining two key terms, “fill material” and “discharge of fill material,” in rules that implement Section 404 of the Clean Water Act. This report discusses the 2002 rule, focusing on how it changes which material and types of activities are regulated under Section 404 and the significance of these issues, especially for the mining industry.
The Clean Water Act contains two different permitting regimes: (1) Section 402 permits (called the National Pollutant...
Statutory Restrictions Relating to Prior Military Service of the Secretary of Defense
By law, the Secretary of Defense, who has authority, direction, and control over the Department of Defense, is a civilian appointed by the President with the advice and consent of the Senate.
Section 113 of Title 10 of the U.S. Code provides that “[a] person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.” Since such statutory qualification provisions are created by law, they may also be changed, or alternatively, temporarily suspended for the benefit of a specific...
Women in Combat: Issues for Congress
Over the past two decades of conflict, women have served with valor and continue to serve on combat aircraft, naval vessels, and in support of ground combat operations. The expansion of roles for women in the Armed Forces has evolved since the early days of the military when women were restricted by law and policy from serving in certain occupations and units. Women have not been precluded by law from serving in any military unit or occupational specialty since 1993 when Congress repealed the remaining prohibitions on women serving on combatant aircraft and vessels. However, Department of...
Changing the Senate Cloture Rule at the Start of a New Congress
From 1953 to 1975, proposals to reform Rule XXII at the start of a new Congress were biennial rituals. They were instigated by Senators in each party frustrated by the chamber’s inability to enact social and civil rights legislation because of the opposition of other Members. The biennial focus declined somewhat when the Senate in 1975 amended Rule XXII to reduce the number of Senators required to invoke cloture from two-thirds of the Senators present and voting to three-fifths of the Senators chosen and sworn (60 of 100). In 1979 and 1986, the Senate also amended Rule XXII by reducing the...
Commercial Space Industry Launches a New Phase
Rockets, satellites, and the services they provide, once the domain of governments, are increasingly launched and managed by privately owned companies. Although private aerospace firms have contracted with federal agencies since the onset of the Space Age six decades ago, U.S. government policy has sought to spur innovation and drive down costs by expanding the roles of satellite manufacturers and commercial launch providers.
Global spending on space activity reached an estimated $323 billion in 2015. Of this amount, nearly 40% was generated by commercial space products and services and...
Noncitizen Eligibility for Federal Public Assistance: Policy Overview
The extent to which residents of the United States who are not U.S. citizens should be eligible for federally funded public aid has been a contentious issue since the 1990s. This issue meets at the intersection of two major policy areas: immigration policy and welfare policy. The eligibility of noncitizens for public assistance programs is based on a complex set of rules that are determined largely by the category of the noncitizen in question and the nature of services being offered. Over the past 20 years, Congress has enacted significant changes in U.S. immigration policy and welfare...
According to press reports, the Trump Administration may reestablish the National Space Council, a coordinating body in the Executive Office of the President that was last active in 1993. The National Space Council was established in 1989 “to provide a coordinated process for developing a national space policy and strategy and for monitoring its implementation.” It was chaired by the Vice President and included the Secretaries of State, Treasury, Defense, Commerce, and Transportation, the Director of the Office of Management and Budget, the President’s Chief of Staff, the Assistant to the...
Presidential Authority over Trade: Imposing Tariffs and Duties
The United States Constitution gives Congress the power to impose and collect taxes, tariffs, duties, and the like, and to regulate international commerce. While the Constitution gives the President authority to negotiate international agreements, it assigns him no specific power over international commerce and trade. Through legislation, however, Congress may delegate some of its power to the President, such as the power to modify tariffs under certain circumstances. Thus, because the President does not possess express constitutional authority to modify tariffs, he must find authority for...
Creating a Federal Advisory Committee in the Executive Branch
Federal advisory committees provide a formal forum for members of the public to provide advice and recommendations to the federal government on issues ranging from how to support trade goals of small and minority-owned businesses to which drugs best treat arthritis pain. Many of the roughly 1,000 federal advisory committees that operate at any given time are required to operate pursuant to the open meetings, records access, and reporting requirements of the Federal Advisory Committee Act (FACA).
Advisory committees are established for a number of reasons. These reasons often include...
Democratic Republic of Congo: Targeted Sanctions
Congress has long focused on human rights and humanitarian hardship in war-ravaged eastern Democratic Republic of Congo, an epicenter of instability in Central Africa’s Great Lakes region. Recently, congressional attention has turned to DRC’s democratic trajectory and dynamics in the capital, Kinshasa. President Joseph Kabila’s effort to stay in office—which opposition and civil society activists view as unconstitutional—has spurred unrest and could become a violent crisis (see CRS Report R43166, Democratic Republic of Congo: Background and U.S. Relations).
In October, the DRC government...
The Trump-Tsai Call and the United States’ “Unofficial” Relationship with Taiwan
President-elect Donald J. Trump’s telephone call with Taiwan President Tsai Ing-wen on December 2, 2016, and subsequent Tweets, broke precedent. No previous U.S. president or president-elect is known to have spoken directly to a president of Taiwan, which officially calls itself the Republic of China (ROC), since the United States broke diplomatic relations with the ROC and established diplomatic relations with the People’s Republic of China (PRC) on January 1, 1979. The call has raised questions about whether Trump was simply taking “a very modest step toward providing Taiwan with some...
Has the U.S. Government Ever “Defaulted”?
During recent debt limit episodes, federal officials have contended that if the debt limit were to constrain the government’s ability to meet its obligations, that would be an unprecedented blemish on the nation’s credit. For example, the U.S. Treasury has asserted that “(f)ailing to increase the debt limit would have catastrophic economic consequences. It would cause the government to default on its legal obligations” or that it “would represent an irresponsible retreat from a core American value: we are a nation that honors all of its commitments. It would cause the government to default...
Generalized System of Preferences: Agricultural Imports
The Generalized System of Preferences (GSP) provides duty-free tariff treatment for certain products from designated developing countries. Agricultural imports under GSP totaled $2.6 billion in 2015, nearly 15% of the value of all U.S. GSP imports. Leading agricultural imports (based on value) include processed foods and food processing inputs; beverages and drinking waters; processed and fresh fruits and vegetables; sugar and sugar confectionery; olive oil; and miscellaneous food preparations and inputs for further processing. The majority of these imports are from Thailand, Brazil,...
State Programs for “Coal Ash” Disposal in the WIIN Act
On December 8, 2016, the House passed the Water Infrastructure Improvements for the Nation Act (WIIN Act; as a substitute amendment to S. 612). Section 2301 of the WIIN Act would amend the Solid Waste Disposal Act (commonly referred to by its 1976 amendment, the Resource Conservation and Recovery Act, or RCRA). Section 2301 would establish a framework for the Environmental Protection Agency (EPA) to approve state programs implementing federal standards applicable to the disposal of coal combustion residuals (CCR, or “coal ash”) generated by electric utilities. Currently under RCRA, those...
An Introduction to Judicial Review of Federal Agency Action
The U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts established by Congress, limiting the power of federal courts to the context of “cases” or “controversies.” Pursuant to constitutional and statutory requirements, courts may hear challenges to the actions of federal agencies in certain situations. This report offers a brief overview of important considerations when individuals bring a lawsuit in federal court to challenge agency actions, with a particular focus on the type of review authorized by the Administrative Procedure Act (APA), perhaps the...
As Congress searches for ways to generate savings, reduce the deficit, and fund federal programs, it has held hearings and passed legislation to prevent and recover improper payments. Improper payments—which exceeded $137 billion in FY2015—are payments made in an incorrect amount, payments that should not have been made at all, or payments made to an ineligible recipient or for an ineligible purpose. The total amount of improper payments may be even higher than reported because several agencies have yet to determine improper payment amounts for all of their programs.
In 2002, Congress...
International Insurance Issues and H.R. 5143
International insurance issues have been of interest to the 114th Congress with House subcommittee hearings in September 2016, February 2016, and April 2015, and several pieces of legislation introduced on the topic including S. 1086, H.R. 2141, and H.R. 5143. H.R. 5143 is scheduled for House floor action the week of December 5, 2016.
Background
Insurance regulation is centered on the states with only a limited federal role. Following the 2007-2009 financial crisis, the Dodd-Frank Act enhanced the federal role through several provisions, including the potential Financial Stability...
Membership of the 114th Congress: A Profile
This report presents a profile of the membership of the 114th Congress (2015-2016). Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.
As of December 5, 2016, in the House of Representatives, there are 248 Republicans (including 1 Delegate), 192 Democrats (including 4 Delegates and the Resident Commissioner of Puerto Rico), and one vacancy. The Senate has 54 Republicans, 44...
Colombia Adopts Revised Peace Accord: What Next?
In an effort to end a half century of armed conflict between the largest leftist insurgent group in Colombia, the Revolutionary Armed Forces of Colombia (FARC), and the Colombian government, a revised peace accord was signed in November 2016 by President Juan Manuel Santos and the FARC’s leader, known as Timochenko. On November 30, 2016, the new accord was “ratified” by the Colombian Congress, first by the Colombian Senate by a vote of 75-0 (out of 101 Senators) and a day later by the lower house by a vote of 130-0 (out of 166). Congressional opponents either did not vote or walked out,...
Ghana’s 2016 General Elections
Ghana's December 7, 2016 elections for president and parliament feature a rematch between incumbent President John Dramani Mahama and his National Democratic Congress (NDC), and the opposition New Patriotic Party (NPP) and its presidential contender, Nana Akufo-Addo, who is making his third run for the post. Other parties are participating, but they are all minor; roughly equal NDC and NPP political predominance have effectively created a two party system.
Background
Ghana has held six multi-party elections since its 1992 transition from military rule. The 2016 election is widely expected...
Industry Divided over Biodiesel Tax Credit
The federal biodiesel tax incentive of $1 per gallon (26 U.S.C. 40A), expires at the end of 2016. The credit was created by the American Jobs Creation Act of 2004 (P.L. 108-357) and has been renewed a number of times since then, most recently in December 2015 in the Consolidated Appropriations Act, 2016 (P.L. 114-113). On more than one occasion, the credit has been extended retroactively, as it was for 2015. The credit—and whether it should be repositioned to incentivize domestic production only—is of particular interest to many because in recent years biodiesel imports have increased at a...
Fidel Castro’s Death: Implications for Cuba and U.S. Policy
The death of Cuba’s former long-time ruler Fidel Castro on November 25, 2016, raises questions regarding Cuba’s economic and political situation and the future of U.S. policy toward Cuba. The revolutionary leader overthrew an unpopular dictatorship in 1959, but ended up imposing a communist regime that led to some social progress yet also resulted in severe human rights abuses and a feeble economy. For a small island nation, Cuba played an oversized role in international affairs under Castro’s rule through its support for revolutionary movements abroad and its strong opposition to the...
Senate Rule XXVI directs Senate committees to adopt rules of procedure and publish them in the Congressional Record by March 1 of the first year of a new Congress. A committee’s rules must be “not inconsistent” with the Senate’s rules. Committee rules, even if they have not been amended, must be revalidated in each Congress as provided in Rule XXVI.
Committee rules cover a variety of subjects—from meeting dates to quorums to processing nominations. Some Senate rules that are reflected in committees’ rules must be followed, such as the rule that requires a majority of a committee to be...
The Central African Republic: Background and U.S. Policy
The Central African Republic (CAR) is emerging from a crisis that began when rebels overthrew the national government in 2013, ushering in a chaotic and violent period. A new president, Faustin Archange Touadéra, was elected in 2016, but gains remain fragile. Militias that have targeted civilians on the basis of religious and ethnic identity continue to operate in much of the country, posing challenges to governance, reconciliation, and accountability. Violence has caused large population displacements, weakening an already tiny economy and placing strains on finite international aid and...
European Union Efforts to Counter Disinformation
The European Union (EU) is increasingly concerned about the use of propaganda by both state and non-state actors and has sought to devise new strategies to combat disinformation. On November 23, the European Parliament (EP) adopted a resolution entitled “EU Strategic Communication to Counteract Anti-EU Propaganda by Third Parties.” In passing this non-binding resolution (by a vote of 304 to 179, with 208 abstentions), the EP added its support to European Union efforts to counter what Brussels believes are propaganda and disinformation campaigns against the EU and its member states by...
The U.S. Trade Situation for Fruit and Vegetable Products
Over the last decade, there has been a growing U.S. trade deficit in fresh and processed fruits and vegetables. Although U.S. fruit and vegetable exports totaled $6.3 billion in 2015, U.S. imports of fruits and vegetables were $17.6 billion, resulting in a gap between imports and exports of $11.4 billion (excludes nuts and processed nut products). This trade deficit has generally widened over time as growth in imports has outpaced export growth. As a result, the United States has gone from being a net exporter of fresh and processed fruits and vegetables in the early 1970s to being a net...
Internet Sales and State Taxes: Policy Issues
With the holiday shopping season in full swing, many consumers will choose to buy gifts through online retailers rather than brick-and-mortar shops. While some consumers may choose to shop on the Internet for convenience, some might also be attracted to shopping online by the apparently lower prices, which do not always include sales and use tax. Customers who do not pay sales or use tax to the vendor are typically required to remit the tax to their home state. Customer compliance with this requirement, however, is very low.
In certain instances, the taxes are not included in the online...
The Congressional Appropriations Process: An Introduction
Congress annually considers several appropriations measures, which provide discretionary funding for numerous activities—for example, national defense, education, and homeland security—as well as general government operations. Congress has developed certain rules and practices for the consideration of appropriations measures, referred to as the congressional appropriations process. The purpose of this report is to provide an overview of this process.
Appropriations measures are under the jurisdiction of the House and Senate Appropriations Committees. In recent years these measures have...
Authorization of Appropriations: Procedural and Legal Issues
To provide funding for discretionary spending programs of the government, Congress generally uses an annual appropriations process. Under congressional rules, when making decisions about the funding of individual items or programs, however, Congress may be constrained by the terms of previously enacted legislation. The way in which the House and Senate interpret and apply this concept under their respective rules and precedents creates a distinction between authorized and unauthorized appropriations. This report provides a brief explanation of this distinction, and its significance for...
Demographic and Social Characteristics of Persons in Poverty: 2015
This report provides a snapshot of the characteristics of the poor in the United States in 2015. It shows that people from families whose income falls below the federal poverty thresholds represent a diverse subset of the overall population.
There were 43 million people living below the federal poverty level in 2015, representing 13.5% of the total population.
Nearly half (45.1%) of all people in poverty lived in deep poverty (with income below 50% of the poverty threshold).
The largest share of people in poverty were non-Hispanic white (41.2%) but the majority were not. Almost all other...
Stormwater Permits: Status of EPA’s Regulatory Program
The Environmental Protection Agency (EPA) and states implement a federally mandated program for controlling stormwater discharges from industrial facilities and municipalities. Large cities and most industry sources are subject to rules issued in 1990 (Phase I rules), and EPA issued permit rules to cover smaller cities and other industrial sources and construction sites in 1999 (Phase II rules). Because of the large number of affected sources and deadline changes that led to confusion, numerous questions have arisen about this program. Impacts and costs of the program’s requirements,...
Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance
Throughout the history of social assistance programs, administrators have attempted to limit access only to those families considered “worthy” of assistance. Policies about worthiness have included both judgments about need—generally tied to income, demographic characteristics, or family circumstances—and judgments about moral character, often as evidenced by behavior. Past policies evaluating moral character based on family structure have been replaced by today’s policies, which focus on criminal activity, particularly drug-related criminal activity. The existing crime- and drug-related...
Federal Income Tax Treatment of the Family
Individual income tax provisions have shifted over time, first in increasing the burden on larger families, and then in decreasing it. These shifts were caused by changing tax code features: personal exemptions, standard and itemized deductions, rates, the earned income credit (EIC), the child credit, and other standard structural aspects of the tax. Some of these features reflect changes made by the 2001 Bush tax cuts, which were extended for an additional two years by P.L. 111-312 and largely made permanent by the American Taxpayer Relief Act (P.L. 112-240). The most recent legislative...
“Regulatory Relief” for Banking: Selected Legislation in the 114th Congress
The 114th Congress is considering legislation to provide “regulatory relief” for banks. The need for this relief, some argue, results from new regulations introduced in response to vulnerabilities that were identified during the financial crisis that began in 2007. Some have contended that the increased regulatory burden—the cost associated with government regulation and its implementation—is resulting in significant costs that restrain economic growth and consumers’ access to credit. Others, however, believe the current regulatory structure strengthens financial stability and increases...
The Civil Defense Acquisition Workforce: Enhancing Recruitment Through Hiring Flexibilities
Policymakers and defense acquisition experts have asserted that improved recruitment for the defense acquisition workforce is a necessary component for comprehensive acquisition reform. To help rebuild the workforce and enhance recruitment, DOD has used several hiring flexibilities authorized by Congress, the President, and OPM in recent years. Hiring flexibilities are a suite of tools that are intended to simplify, and sometimes accelerate, the hiring process.
The impact of hiring flexibilities on recruitment and workforce quality, however, remains unclear. Congress may consider three...
Can a New Administration Undo a Previous Administration’s Regulations?
Following the election of Donald J. Trump on November 8, 2016, questions have been raised as to whether and how a new President’s administration can amend or repeal regulations issued by the previous administration. In short, once a rule has been finalized, a new administration would be required to undergo the rulemaking process to change or repeal all or part of the rule. If a rule has not yet been finalized, however, a new President may be able, immediately upon taking office, to prevent the rule from being issued. In addition to these administrative actions, Congress can also take...
Methane: An Introduction to Emission Sources and Reduction Strategies
The Obama Administration’s Strategy to Reduce Methane Emissions
On June 25, 2013, President Obama announced a national “Climate Action Plan” (CAP) to reduce emissions of carbon dioxide (CO2) and other greenhouse gases (GHGs), as well as to encourage adaptation to expected climate change. One of the initiatives within the CAP focused on the control of methane emissions, a potent short-lived climate pollutant. It called for the U.S. Environmental Protection Agency (EPA) and the Departments of Agriculture, Energy, the Interior, Labor, and Transportation to develop a comprehensive interagency...
Internet Governance and the Domain Name System: Issues for Congress
The Internet is often described as a “network of networks” because it is not a single physical entity, but hundreds of thousands of interconnected networks linking hundreds of millions of computers around the world. As such, the Internet is international, decentralized, and comprised of networks and infrastructure largely owned and operated by private sector entities. As the Internet grows and becomes more pervasive in all aspects of modern society, the question of how it should be governed becomes more pressing.
Currently, an important aspect of the Internet is governed by a private...
Social Security Benefits for Noncitizens
Concerns about the number of unauthorized (illegal) aliens residing in the United States have fostered considerable interest in the eligibility of noncitizens for U.S. Social Security benefits. The Social Security program provides monthly cash benefits to qualified retired or disabled workers, their dependents, and survivors. Generally, a worker must have 10 years of Social Security-covered employment to be eligible for retirement benefits (less time in covered employment is required for disability and survivor benefits). Most U.S. jobs are covered under Social Security, and as a result,...
CRISPR: A Revolutionary Tool for Editing the Code of Life?
Genes, the fundamental code of life, are written in DNA (deoxyribonucleic acid). Before DNA was even discovered, humans sought to manipulate it through selective breeding. Since its discovery, scientists, science fiction writers, philosophers, and others have speculated on the implications of being able to modify DNA. Over the last half century, billions of dollars and immeasurable effort have been devoted to understanding, characterizing, and controlling DNA. These efforts produced early gene editing tools and, in 2003, the completion of the Human Genome Project. Similar sequencing has...
Infrastructure Finance and Debt to Support Surface Transportation Investment
Investment in surface transportation infrastructure is funded mainly with current receipts from taxes, tolls, and fares, but it is financed by public-sector borrowing and, in some cases, private borrowing and private equity investment. Financing is normally not arranged at the federal level, as the federal government builds few transportation projects directly. This report discusses current federal programs that support the use of debt finance and private investment to build and rebuild highways and public transportation. It also considers legislative options intended to encourage greater...
Got Concrete Block? House Approves Mandatory Fees to Promote It
Since the 1970s, producers of certain agricultural commodities have been covered by checkoff programs to fund generic promotion activities (such as advertising “Got Milk?” and “Incredible Edible Egg”). These programs, sanctioned under federal law, have at times been controversial because they require affected producers and other market participants to pay assessments to cover the cost of these activities. Nonetheless, Congress has supported checkoff programs. On November 14, the House of Representatives approved a bill that would expand them far beyond agriculture—to concrete masonry....
Justice Department’s Role in Cyber Incident Response
Criminals and other malicious actors increasingly rely on the Internet and rapidly evolving technology to further their operations. They exploit cyberspace, where they can mask their identities and motivations. In this context, criminals can compromise financial assets, hactivists can flood websites with traffic—effectively shutting them down, and spies can steal intellectual property and government secrets.
When such cyber incidents occur, a number of issues arise, including how the government will react and which agencies will respond. These issues have been raised following a number of...
China and the Hong Kong High Court Issue Decisions on Legislative Council Controversy (Update)
On November 7, 2016, China’s National People’s Congress Standing Committee (NPCSC) issued a decision concerning the oaths that Hong Kong officials, including legislators, must take before assuming office. Eight days later, Hong Kong’s High Court determined that two “pro-democracy” members-elect of Hong Kong’s Legislative Council (Legco), Sixtus Baggio Leung Chung-hang and Yau Wai-ching, had “declined” to take the required oath on October 12, 2016, and are therefore “disqualified from assuming the office of a member of the Legco.” The NPCSC and High Court decisions may lead to efforts to...
The $7 Billion Campaign? Understanding Campaign Finance Estimates
As election cycles end, campaign finance summaries are of interest in Congress, among researchers, and for the media, but figures can vary substantially by source, time period, and content. Even basic terminology often is inconsistent. This CRS “Insight” provides brief background information for congressional readers who are interpreting campaign finance summary data.
Recent Examples
Campaign finance estimates vary substantially and range from broad overviews to specific snapshots. Understanding the differences, and potential advantages and disadvantages of various approaches, requires...
Moldova’s presidential election, on October 30 and November 13, 2016, has occurred at a challenging time for this small state located between Romania and Ukraine. In the second round of the election, the Russian-leaning Socialist Party leader Igor Dodon won 52% of the vote and his competitor, former Minister of Education (and former World Bank economist) Maia Sandu, received 48%.
This is the first time since 1996 that Moldova’s president was elected by popular vote. Dodon has pledged to unite the country’s divided voters, but he has limited powers in Moldova’s largely parliamentary...
NATO’s Warsaw Summit: In Brief
The North Atlantic Treaty Organization’s (NATO’s) 2016 summit was held in Warsaw, Poland, on July 8-9, 2016. The summit was the second meeting of the alliance’s 28 heads of state and government since 2014, when Russia annexed Crimea and began providing large-scale military support to separatist forces fighting in Ukraine. Russia’s actions in Ukraine and Eastern Europe more broadly have upended NATO’s post-Cold War transformation from a military alliance focused solely on deterring Russia to a globally oriented security organization. Over the last two years, NATO has taken major steps to...
Antiquities Act: Scope of Authority for Modification of National Monuments
The Antiquities Act of 1906 authorizes the President to declare, by proclamation, that objects of historic or scientific interest on federal lands are designated as national monuments. Over the course of more than a century, Presidents have cited the Antiquities Act as authority for protecting well over 100 land and marine areas, totaling hundreds of millions of acres, as national monuments. National monuments generally are reserved and protected from certain uses such as mineral leasing or mining, although management terms may vary by monument. Partly because of such restrictions, some...
Staff Tenure in Selected Positions in House Committees, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Staff Tenure in Selected Positions in Senate Committees, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Staff Tenure in Selected Positions in House Member Offices, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Staff Tenure in Selected Positions in Senators’ Offices, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Navy Force Structure: A Bigger Fleet? Background and Issues for Congress
Current Navy plans call for achieving and maintaining a fleet of 308 ships of certain types and numbers. Some observers have advocated increasing the Navy’s force-level goal to about 350 ships. The Navy is currently conducting a force structure assessment (FSA), and some observers anticipate that this FSA will lead to a new Navy force-level goal of more than 308 ships, although not necessarily 350 ships. The Navy’s actual size in recent years has generally been in the range of 270 to 290 ships.
Those who advocate increasing the planned size of the Navy to something more than 308 ships...
Work Requirements, Time Limits, and Work Incentives in TANF, SNAP, and Housing Assistance
Congress is again debating work requirements in the context of programs to aid poor and low-income individuals and families. The last major debate in the 1990s both significantly expanded financial supports for working poor families with children and led to the enactment of the 1996 welfare reform law. That law created the Temporary Assistance for Needy Families (TANF) block grant, which time-limited federally funded aid and required work for families receiving cash assistance. Work requirements, time limits, and work incentives are intended to offset work disincentives in social...
Intelligence Community Programs, Management, and Enduring Issues
Congress’s and the American public’s ability to oversee and understand how intelligence dollars are spent is limited by the secrecy that surrounds the intelligence budget process. Yet, total spending on the Intelligence Community (IC) programs discussed in this report equates to approximately $70 billion dollars—roughly 10% of national defense spending. This report is designed to shed light on the IC budget—in terms of its programs, management, and enduring issues—using unclassified materials available in the public domain.
This report focuses those IC programs, grouped, for the most part,...
Land Exchanges: Bureau of Land Management (BLM) Process and Issues
The Bureau of Land Management (BLM) conducts land exchanges with other land owners to acquire and dispose of land. The agency is authorized to conduct land exchanges under the Federal Land Policy and Management Act (FLPMA) of 1976. Additionally, Congress sometimes enacts legislation authorizing and governing specific land exchanges.
FLPMA governs how administrative exchanges are to occur. For instance, land exchanges must be in the public interest, and the federal and nonfederal lands in the exchange are to be in the same state. Further, the values of the lands exchanged are to be equal,...
Internet Gambling: Policy Issues for Congress
Gambling, once widely outlawed, is now a regulated, taxed activity that is legal in some form—bingo, card games, slot machines, state-run lotteries, casinos, and even online—in all states except Hawaii and Utah. Like so many other industries, the gambling industry is being transformed by technology that has begun to shift patronage from casinos, bingo halls, or stores selling lottery tickets to desktop computers and tablets connected to the Internet and to mobile devices that may communicate by telephone or direct satellite links. According to one private estimate, annual revenue in the...
The Terrorist Screening Database and Preventing Terrorist Travel
After the terrorist attacks of September 11, 2001, the federal government developed a unified regimen to identify and list known or suspected terrorists. The regimen has received repeated congressional attention, and this report briefly discusses for congressional policymakers how the U.S. government fashions and uses the Terrorist Screening Database (TSDB) to achieve such an end. It also discusses how the federal government engages in two travel-related screening processes—visa screening and air passenger screening. Both processes involve subsets of the Terrorist Screening Database.
The...
The Vessel Incidental Discharge Act in the 114th Congress: Background and Issues
Today stakeholders broadly agree on the need for strong measures to control vessel discharges, especially ballast water discharges, which can introduce a wide range of contaminants into U.S. and international waters. Ballast water has been identified as a major pathway for introduction of aquatic nuisance, or invasive, species that can harm aquatic ecosystems. Vessel discharge requirements in the United States are a result of U.S. Coast Guard regulations; a U.S. Environmental Protection Agency (EPA) permit; and individual state requirements that apply in nearly one-half of the states....
Treasury’s Recent Report on Foreign Exchange Rate Policies
Treasury Reporting Requirements
In October 2016, the U.S. Department of Treasury released its semi-annual report, “Foreign Exchange Policies of Major Trading Partners of the United States.” This report responds to the new reporting requirements on exchange rates mandated in the Trade Facilitation and Enforcement Act of 2015 (P.L. 114-125), passed by Congress and signed by the President in February 2016. The legislation aims to strengthen mandated Treasury reporting and engagement on the exchange rate policies of major U.S. trading partners in force since 1988. The new reporting...
Congress’s Early Organization Meetings
Since the mid-1970s, the House and Senate have convened early organization meetings in November or December of even-numbered years to prepare for the start of the new Congress in January.
The purposes of these meetings are both educational and organizational. Educational sessions range from legislative procedures and staff hiring to current issues. Organizational sessions elect class officers, party leaders, and chamber officers; name committee representatives and other party officials; and select committee chairmen and often committee members. Such actions are officially ratified at the...
Recent State Election Law Challenges: In Brief
During the final months and weeks leading up to the November 8, 2016, presidential election, courts across the country have ruled in numerous challenges to state election laws. For example, there have been recent court rulings affecting the laws regulating early voting, voter photo identification (ID) requirements, registration procedures, straight-party voting, and voter rolls. Accordingly, many such laws have been recently invalidated, enjoined, or altered. Others continue to be subject to litigation.
Recent rulings in Michigan, North Carolina, Ohio, and Texas are illustrative examples....
Social Services Block Grant: Background and Funding
The Social Services Block Grant (SSBG) is a flexible source of funds that states use to support a wide variety of social services activities. States have broad discretion over the use of these funds. In FY2014, the most recent year for which expenditure data are available, the largest expenditures for services under the SSBG were for foster care, child protective services, child care, and special services for the disabled.
Since FY2002, annual appropriations laws have funded the SSBG at its authorized level of $1.700 billion. However, starting in FY2013, SSBG appropriations have been...
During the lame duck session, the 114th Congress is expected to consider various provisions in the annual defense authorization bill that address U.S. security sector cooperation. If enacted, the FY2017 National Defense Authorization Act (NDAA) could significantly alter the way in which the U.S. Department of Defense (DOD) engages and partners with foreign security forces.
Policy Debate in Context
Successive U.S. Administrations have emphasized the importance of strengthening foreign military partnerships to achieve shared security goals. Over time, the legal authorities underpinning some...
Compensated Work Sharing Arrangements (Short-Time Compensation) as an Alternative to Layoffs
Short-time compensation (STC) is a program within the federal-state unemployment insurance system. In states that have STC programs, workers whose hours are reduced under a formal work sharing plan may be compensated with STC, which is a regular unemployment benefit that has been pro-rated for the partial work reduction.
Although the terms work sharing and short-time compensation are sometimes used interchangeably, work sharing refers to any arrangement under which workers’ hours are reduced in lieu of a layoff. Under a work sharing arrangement, a firm faced with the need to downsize...
Uruguay is a small nation of 3.4 million people located on the Atlantic coast of South America between Brazil and Argentina. The country stands out in Latin America for its strong democratic institutions; high per capita income; and low levels of corruption, poverty, and inequality. As a result of its domestic success and commitment to international engagement, Uruguay plays a more influential role in regional and international affairs than its size might suggest.
Uruguay has drawn increased congressional attention in recent years as a result of several high-profile and controversial...
The Pension Benefit Guaranty Corporation and Single-Employer Plan Terminations
Questions may arise regarding the pensions of private-sector workers and how pension plans may be terminated, particularly in instances where a company experiences financial difficulties. The Employee Retirement Income Security Act (ERISA) regulates plan terminations and provides for three types of single-employer plan terminations—standard, distress, and involuntary—and imposes different responsibilities on the Pension Benefit Guaranty Corporation (PBGC) for each type.
A standard termination occurs when a plan administrator decides to terminate a plan that has assets sufficient to meet...
Corporate Tax Integration: In Brief
In January 2016, Senator Orrin Hatch, chairman of the Senate Finance Committee, announced plans for a tax reform that would explore corporate integration. Corporate integration involves the elimination or reduction of additional taxes on corporate equity investment that arise because corporate income is taxed twice, once at the corporate level and once at the individual level. Traditional concerns are that this system of taxation is inefficient because it (1) favors noncorporate equity investment over corporate investment, (2) favors debt finance over equity finance, (3) favors retained...
Elections Strengthen Georgia’s Ruling Party
On October 8, 2016, and October 30, 2016, the country of Georgia held parliamentary elections, which domestic and international observers assessed as democratic, despite isolated violations and violent incidents. The elections tested the resilience of Georgia’s ruling party, the center-left Georgian Dream-Democratic Georgia (GDDG), founded by oligarch Bidzina Ivanishvili in 2012 to unseat the United National Movement (UNM), formerly led by Mikheil Saakashvili. GDDG won a resounding victory and is on track to enjoy a constitutional majority.
Support for the Georgian Dream
GDDG’s victory...
Department of Homeland Security Preparedness Grants: A Summary and Issues
Following the September 11, 2001, terrorist attacks, Congress increased focus on state and local homeland security assistance by, among other things, establishing the Department of Homeland Security (DHS) and authorizing DHS to administer federal homeland security grant programs. These homeland security grants have been administered by numerous DHS entities, and these grants have focused on such preparedness activities as assistance to states and localities to prepare and respond to terrorist attacks, securing critical infrastructure such as rail and ports, securing nonprofit...
Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
Federal law bars aliens residing without authorization in the United States from most federal benefits; however, there is a widely held perception that many unauthorized aliens obtain such benefits. The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of debate in Congress. This report focuses on the policy and legislative debate surrounding unauthorized aliens’ access to federal public benefits.
Except for a...
Treatment of Noncitizens Under the Affordable Care Act
The degree to which foreign nationals (noncitizens/aliens) should be accorded access to certain benefits as a result of their presence in the United States, as well as the responsibilities of such persons given their legal status (e.g., immigrants, nonimmigrants, unauthorized aliens), often figures into policy discussions in Congress. These issues become particularly salient when Congress considers legislation to establish new immigration statuses or to create or modify benefit or entitlement programs.
The 111th Congress enacted the Patient Protection and Affordable Care Act (P.L....
Federal Advisory Committees: An Introduction and Overview
Federal advisory committees—which may also be labeled as commissions, councils, task forces, or working groups—are established to assist congressional and executive branch policymaking and grantmaking. In some cases, federal advisory committees assist in solving complex or divisive issues. Federal advisory committees may be established by Congress, the President, or an agency head to render independent advice or provide the federal government with policy recommendations.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix—Federal Advisory Committee Act; 86...
Selected Recently Expired Individual Tax Provisions (“Tax Extenders”): In Brief
The Protecting Americans From Tax Hikes (PATH) Act, considered as an amendment to the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2016 (P.L. 114-113), was signed into law on December 18, 2015. That legislation made some tax provisions that had expired at the end of 2014 permanent, and extended others through the 2016 tax year. This report briefly summarizes and discusses selected items categorized as individual tax provisions. These and other temporary tax provisions that have been regularly extended for one or two years are often referred to as “tax...
The Federal Minimum Wage: Indexation
In 1938, the Fair Labor Standards Act (FLSA) established a federal minimum wage of $0.25 per hour. The minimum wage provisions of the FLSA have been amended numerous times since then, typically for the purpose of expanding coverage or raising the wage rate. Since its establishment, the minimum wage rate has been raised 22 separate times, most recently in 2007-2009 when it was increased from $5.15 per hour to its current rate of $7.25 per hour in three steps.
The federal minimum wage changes only when Congress amends the FLSA. Since 1938, Congress has amended the FLSA to raise the minimum...
The Great Lakes-St. Lawrence Seaway Navigation System: Options for Growth
Congress faces infrastructure funding decisions that would support shipping on the Great Lakes and St. Lawrence Seaway (GLSLS). In the Water Resources Development Act of 2016 (H.R. 5303, S. 2848), Congress may decide whether to permanently allocate 10% of certain harbor maintenance funds both to small ports and to Great Lakes ports. On the horizon are debates over construction of a second lock at Sault Ste. Marie, MI, and a second Great Lakes heavy icebreaker vessel. These projects would likely cost several hundred million dollars and take several years to complete.
These funding decisions...
Teenage Pregnancy Prevention: Statistics and Programs
In 2015, U.S. teen births accounted for 5.8% of all births and 12.9% of all nonmarital births. The birth rate for U.S. teenagers (ages 15 through 19) increased in 2006 and 2007 after a steady decline since 1991. However, in each of 2008 through 2015, the teen birth rate dropped below the 2006 teen birth rate, reversing the two-year upward trend. Although the birth rate for U.S. teens has dropped in 22 of the past 24 years, it remains higher than the teen birth rate of most industrialized nations. Preventing teen pregnancy is generally considered a priority among policymakers and the public...
The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues
Members of the uniformed services and U.S. citizens who live abroad are eligible to register and vote absentee in federal elections under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, P.L. 99-410) of 1986. The law was enacted to improve absentee registration and voting for this group of voters and to consolidate existing laws. Since 1942, a number of federal laws have been enacted to assist these voters: the Soldier Voting Act of 1942 (P.L. 77-712, amended in 1944), the Federal Voting Assistance Act of 1955 (P.L. 84-296), the Overseas Citizens Voting Rights Act of 1975...
Framing Spectrum Policy: Legislative Initiatives
As innovation advances wireless communications from the business of providing mobile broadband to consumers into new businesses built around the Internet of Things, the need to revisit spectrum policy may gain in legislative importance. Many policy decisions since the 1990s that deal with spectrum assignment and allocation have focused on assuring the “highest and best use” for spectrum rights by assigning them through competitive auctions. To facilitate the transfer of federal spectrum to commercial wireless services, Congress, in 2004, created the Spectrum Relocation Fund to reimburse...
Did a Thermostat Break the Internet?
On September 20, 2016, the computer security blog KrebsonSecurity (Krebs) was hit with a massive attack —one that surpassed the scale of previously known attacks. One month later, on October 21, 2016, domain name system provider Dyn experienced a similar attack which prevented many users in the United States from accessing popular websites, such as Amazon, Reddit and Twitter.
Both these attacks have in common a malicious botnet named Mirai.
Botnets and Denial of Service Attacks
A botnet is a network of computers or other Internet-connected devices that an attacker has infected with...
Federal Reserve: Legislation in the 114th Congress
The Federal Reserve (Fed) is the subject of legislation being considered in the 114th Congress. These bills contain wide-ranging provisions that can be grouped into four broad categories:
Changes to Fed governance. Some proposals would change the Fed’s institutional structure. H.R. 22 (P.L. 114-94) reduced the dividend paid by the Fed to large commercial banks that hold stock in the Fed and permanently capped the Fed’s surplus at $10 billion. H.R. 3189 would permanently eliminate the Fed’s surplus. H.R. 26 (P.L. 114-1) required at least one nominee for the Fed’s board of governors to have...
Unemployment and Inflation: Implications for Policymaking
The unemployment rate is a vital measure of economic performance. A falling unemployment rate generally occurs alongside rising gross domestic product (GDP), higher wages, and higher industrial production. The government can generally achieve a lower unemployment rate using expansionary fiscal or monetary policy, so it might be assumed that policymakers would consistently target a lower unemployment rate using these policies. Part of the reason policymakers do not revolves around the relationship between the unemployment rate and the inflation rate.
In general, economists have found that...
Unemployment Compensation: The Fundamentals of the Federal Unemployment Tax (FUTA)
The Federal Unemployment Tax Act (FUTA) of 1939 specifies the financing arrangement for the Unemployment Compensation (UC) program. Revenue for the program is provided through payroll taxes levied by both the federal government and the states on a portion of wages paid by covered employers. Total UC expenditures include benefit payments and administrative costs.
Federal unemployment taxes are deposited with the U.S. Treasury and credited to the federal accounts within the Unemployment Trust Fund (UTF). Federal unemployment taxes pay for state administrative costs, half the cost of...
The Precision Medicine Initiative
On February 25, 2016, the White House hosted a Precision Medicine Initiative (PMI) Summit to mark the one year anniversary of the initiative’s launch, first announced in last year’s State of the Union address. The mission of the PMI is “(t)o enable a new era of medicine through research, technology, and policies that empower patients, researchers, and providers to work together toward development of individualized care.” The PMI primarily involves three federal agencies—the National Institutes of Health (NIH), the Food and Drug Administration (FDA), and the Office of the National...
The Social Security Administration (SSA) is responsible for administering two federal entitlement programs that provide income support to individuals with severe, long-term disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is a social insurance program that provides monthly cash benefits to nonelderly disabled workers who paid Social Security taxes for a sufficient number of years in jobs covered by Social Security and to their eligible dependents. In contrast, SSI is a public assistance program that provides monthly cash benefits to...
Legal Processes for Contesting the Results of a Presidential Election
Questions occasionally surface regarding potential voting fraud or election irregularities in presidential elections. (See, for example, Sean Sullivan and Philip Rucker, “Trump’s Claim of Rigged’ Vote Stirs Fears of Trouble,” Washington Post, October 18, 2016, p. A1; Edward-Isaac Dovere, “Fears Mount on Trump’s Rigged Election’ Rhetoric,” Politico, October 16, 2016; Daniel Kurtzleben, “5 Reasons (And Then Some) Not to Worry About A Rigged’ Election,” NPR, October 18, 2016). If legitimate and verifiable allegations of voting fraud, or indications of misconduct by election officials on...
Yemen: Recent Attacks Against U.S. Naval Vessels in the Red Sea
Overview
In recent weeks, the United States has been drawn deeper into the Yemen war, which has killed an estimated 10,000 people since it began in March 2015. In October 2016, military units allied with the Houthi movement and former Yemeni President Ali Abdullah Saleh (Houthi-Saleh forces) reportedly launched anti-ship missiles at U.S. Navy vessels on patrol off the coast of Yemen. While no U.S. warship was damaged, a similar attack earlier in October damaged a U.S. transport ship leased by the United Arab Emirates (UAE). The attacks against the U.S. ships marked the first time U.S....
State Voter Identification Requirements: Analysis, Legal Issues, and Policy Considerations
About 60% of U.S. voters live in the 32 states that require a voter at a polling place to produce an identification document (ID) before casting a ballot. Among those states, 19 permit voters without ID to cast a ballot through alternative means, such as signing an affidavit; 13 strictly enforce the ID requirement. The other 18 states and the District of Columbia have a range of nondocument requirements instead.
Over the last two decades, the number of states requiring voter IDs has tripled. The stringency of those requirements is controversial. States vary substantially in the range of...
Next Steps for Auction of TV Broadcast Airwaves to Commercial Carriers
The closing phases of an incentive auction process to license airwaves currently used for television broadcasting began on August 16, 2016. Bidding for commercial licenses in the first stage concluded on August 30, without meeting rules and conditions established by the Federal Communications Commission (FCC). The FCC therefore scheduled a second stage to set new targets for clearing spectrum. The reverse auction of Stage 2 concluded on October 17, establishing $54.6 billion as the amount to be met by wireless carriers in the next forward auction, beginning October 19. Licenses covering 90...
President Obama Ends Economic Sanctions on Burma
President Obama ended two decades of U.S. economic sanctions on Burma on October 7, 2016, when he issued Executive Order (E.O.) 13742, “Termination of Emergency with Respect to the Actions and Policies of the Government of Burma.” E.O. 13742 ended the national emergency with respect to Burma that had been in effect since 1997, and revoked that order and five other Executive Orders that imposed, enforced, or waived economic sanctions on Burma. In addition, E.O. 13742 waived the economic sanctions authorized by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic...
Ocean Dumping Act: A Summary of the Law
The Marine Protection, Research, and Sanctuaries Act (MPRSA) has two basic aims: to regulate intentional ocean disposal of materials, and to authorize related research. Permit and enforcement provisions of the law are often referred to as the Ocean Dumping Act. The basic provisions of the act have remained virtually unchanged since 1972, when it was enacted to establish a comprehensive waste management system to regulate disposal or dumping of all materials into marine waters that are within U.S. jurisdiction, although a number of new authorities have been added. This report presents a...
The deadlocked November 2000 presidential election focused national attention on previously obscure details of election administration. Congress responded with the Help America Vote Act of 2002 (HAVA; P.L. 107-252). HAVA created the Election Assistance Commission (EAC), established a set of election administration requirements, and provided federal funding, but it did not supplant state and local control over election administration. Several issues have arisen or persisted in the years since HAVA was enacted.
Some observers have criticized the EAC for being obtrusive, slow, ineffectual,...
The High-Speed Intercity Passenger Rail (HSIPR) Grant Program: Overview
Since 1964, when Japan opened the first rail line allowing trains to travel safely at speeds greater than 150 miles per hour, several European and Asian countries have built high-speed rail lines. There have been frequent calls for the United States to develop similar high-speed rail services, but none have been built. The financial challenge of building high-speed rail lines, which requires many billions of dollars to be spent over a lengthy period before service opens and revenues begin to be collected, makes government financial support unavoidable. Governments in other countries have...
Clean Water Act: A Summary of the Law
The principal law governing pollution of the nation’s surface waters is the Federal Water Pollution Control Act, or Clean Water Act. Originally enacted in 1948, it was totally revised by amendments in 1972 that gave the act its current dimensions. The 1972 legislation spelled out ambitious programs for water quality improvement that have since been expanded and are still being implemented by industries and municipalities.
This report presents a summary of the law, describing the statute without discussing its implementation. Other CRS reports discuss implementation, including CRS Report...
Procedures for Contested Election Cases in the House of Representatives
Under the U.S. Constitution, each House of Congress has the express authority to be the judge of the “elections and returns” of its own Members (Article I, Section 5, clause 1). Although initial challenges and recounts for House elections are conducted at the state level under the state’s authority to administer federal elections (Article I, Section 4, cl. 1), continuing contests may be presented to the House, which may make a conclusive determination of a claim to the seat.
In modern practice, the primary way for an election challenge to be heard by the House is by a candidate-initiated...
Iran’s State-Linked Conglomerates
Issue Overview
The Joint Comprehensive Plan of Action (JCPOA) multilateral nuclear agreement with Iran, which took effect on January 16, 2016, has raised questions about the economic and political effects of sanctions relief provided under the agreement. Although Iran has a substantial private sector composed, at least in part, of large import-export trading houses, several years of sanctions have enabled regime leaders and institutions to acquire control of significant portions of the economy. The question for the Administration and Congress is whether sanctions relief will benefit...
Congress and the Budget: 2016 Actions and Events
The Constitution grants Congress the power of the purse, but does not dictate how Congress must fulfill this constitutional duty. Congress has, therefore, developed certain types of budgetary legislation, along with rules and practices that govern its content and consideration. This set of budgetary legislation, rules, and practices is often referred to as the congressional budget process.
There is no prescribed congressional budget process that must be strictly followed each year, and Congress does not always consider budgetary measures in a linear or predictable pattern. Such...
Farm and Food Support Under USDA’s Section 32 Program
“Section 32” is a permanent appropriation that since 1935 has set aside the equivalent of 30% of annual customs receipts to support the farm sector through the purchase of surplus commodities and a variety of other activities. The appropriation has totaled nearly $10 billion annually in recent years. Today, most of the appropriation (about $8.4 billion) is transferred to the U.S. Department of Agriculture’s (USDA’s) child nutrition account, with a separate amount (about $144 million) transferred to the Department of Commerce for fisheries activities. The Secretary of Agriculture, acting...
Irrigation in U.S. Agriculture: On-Farm Technologies and Best Management Practices
Recent threats to water availability as a result of moderate to exceptional drought in several states have raised questions about agricultural water use and efficiencies across the United States. An understanding of common irrigation technologies and the impacts of best management practices in irrigation may be useful to Congress concerning potential policy responses to this issue. As a major user of water, the agricultural industry’s use of water resources continues to be a focal point of agriculture policy. Additional demands on water supplies, extreme weather events (e.g., prolonged...
Community Service Requirement for Residents of Public Housing
The Quality Housing and Work Responsibility Act of 1998 (P.L. 105-276) included provisions designed to promote employment and self-sufficiency among residents of assisted housing, including a mandatory work or community service requirement for residents of public housing. Non-elderly, non-disabled, non-working residents of public housing are required to participate in eight hours per month of either community service or economic self-sufficiency activities in order to maintain their eligibility for public housing.
The community service requirement has been controversial since its...
DEA Scheduling Actions on Kratom
On August 30, 2016, the Drug Enforcement Administration (DEA) announced its intent to temporarily place into Schedule I of the Controlled Substances Act (CSA) the “active materials” in the kratom plant. The DEA’s notice of intent initiated an expedited temporary scheduling action and provided the 30-day notice required by 21 U.S.C. §811(h) of the CSA. However, on October 12, in response to public concern over the scheduling action and the public request for the DEA to consider public comments, the DEA withdrew its notice of intent to temporarily place kratom into Schedule I. The DEA is...
Current Vacancies on the U.S. Court of Federal Claims: Overview and Historical Context
Over the past several decades, there has been ongoing Senate interest in appointments to the United States Court of Federal Claims. This Insight provides information related to the number of current vacancies on the court, and how long these particular vacancies have existed. It also provides, for historical context, similar information for past vacancies on the court.
The Court of Federal Claims was established by Congress in 1982, assuming the original jurisdiction of the U.S. Court of Claims, which had been in existence since 1855 (and which was abolished in 1982 by the same statute...
Trafficking in Persons in Latin America and the Caribbean
Countries in Latin America serve as source, transit, and destination countries for trafficking in persons (TIP). Victims are exploited within their own countries and trafficked to other countries in the region. Latin America is also a primary source region for people trafficked to the United States, including by transnational organized crime groups. In FY2015, Mexico was the primary country of origin for foreign trafficking victims certified as eligible to receive U.S. assistance. Recent victims identified in the United States also have originated in Brazil and Central America. Smaller...
Overview of Continuing Appropriations for FY2017 (H.R. 5325)
The purpose of this report is to provide an analysis of the continuing appropriations provisions for FY2017 in H.R. 5325. The measure also included provisions covering appropriations in the Military Construction and Veterans Affairs Appropriations bill for all of FY2017 (Division A), as well as emergency funds to combat the Zika virus and provide relief for flood victims in Louisiana and other affected states (Division B). On September 29, 2016, the President signed H.R. 5325 into law (P.L. 114-223).
Division C of H.R. 5325 was termed a “continuing resolution” (CR) because measures to...
Recent Developments in U.S.-Russian Nonproliferation Cooperation
On October 3, 2016, Russian President Vladimir Putin issued a decree suspending participation in a bilateral U.S.-Russia weapons plutonium disposal agreement (the 2000 Plutonium Management and Disposition Agreement, or PMDA). The next day, Russia suspended participation in a 2013 cooperative agreement on nuclear- and energy-related research and terminated a third from 2010 on exploring options for converting research reactors from weapons-usable fuel.
These agreements are part of a suite of nonproliferation and nuclear security agreements the two countries concluded starting in the 1990s...
Receipt of Unemployment Insurance by Higher-Income Unemployed Workers (“Millionaires”)
Under the federal-state Unemployment Insurance (UI) system, there is currently no prohibition on the receipt of UI benefits by high-income unemployed workers. States, which determine many of the eligibility requirements for UI benefits, may not restrict eligibility based on individual or household income.
Recent Congresses, however, have considered proposals to restrict the payment of unemployment benefits to high-income individuals. These proposals define high income in a variety of ways—often prohibiting UI benefits for “millionaires.” For instance, in the 112th Congress, the...
On September 28, 2016, President Obama issued Presidential Determination 2016-14 waiving for the first time the military assistance restrictions that are mandated by the Child Solider Prevention Act of 2008 (CSPA; 22 U.S.C. 2370c et seq.) with respect to Burma. Other restrictions on military assistance to Burma for FY2017 remain in effect. The accompanying memorandum of justification indicated that the waiver was in the national interest of the United States to support and strengthen Burma’s democratic transition, and that the new Burmese government is “a willing partner that will work to...
EPA’s Vessel General Permits: Background and Issues
In November 2011 the Environmental Protection Agency (EPA) proposed two Clean Water Act (CWA) permits to regulate certain types of vessel discharges into U.S. waters. The proposed permits would replace a single Vessel General Permit (VGP) issued in 2008 that was due to expire in December 2013. As proposed, the permits would apply to approximately 71,000 large domestic and foreign vessels and perhaps as many as 138,000 small vessels. This universe of regulated entities is diverse as well as large, consisting of tankers, freighters, barges, cruise ships and other passenger vessels, and...
Rule XI, clause 2(a)(1) directs each standing committee to adopt “written rules governing its procedure.” This paragraph continues: “Such rules ... (B) may not be inconsistent with the Rules of the House or with those provisions of law having the force and effect of Rules of the House....” Rule XI, clause 1(a)(1)(A) in addition states: “The Rules of the House are the rules of its committees and subcommittees so far as applicable.” Finally, Rule XI, clause 1(a)(1)(B) subordinates subcommittees to the committee of which they are a part: “Each subcommittee is a part of its committee and is...
Social Media in the House of Representatives: Frequently Asked Questions
Recently, the number of Member offices adopting social media as an official communications tool has increased. With the increased use of social media accounts for official representational duties, the House has adopted policies and regulations regarding the creation, content, and use of third-party social media services. This report answers several questions about the regulation of social media accounts in the House of Representatives. How does the House define social media? How are social media accounts regulated in the House? What makes a social media account an official resource? Can...
Water Resources Development Act of 2016: Army Corps of Engineers Provisions in H.R. 5303 and S. 2848
Water Resources Development Act (WRDA) provisions typically relate directly to the U.S. Army Corps of Engineers (Corps) or more broadly to water resource infrastructure, such as dams and levees.
The House version of WRDA 2016 (H.R. 5303) continues the traditional focus on the Corps. The House passed H.R. 5303 on September 28, 2016.
The Senate version (S. 2848) is an omnibus water bill that addresses a variety of water issues and the activities of multiple departments and agencies. The Senate passed S. 2848 on September 15, 2016.
For a brief description of the two bills, including their...
The United States as a Net Debtor Nation: Overview of the International Investment Position
The international investment position of the United States is an annual measure of the assets Americans own abroad and the assets foreigners own in the United States. The net position, or the difference between the two, sometimes is referred to as a measure of U.S. international indebtedness. This designation is not strictly correct, because the net international investment position reveals the difference between the total assets Americans own abroad and the total amount of assets foreigners own in the United States. These assets generate flows of capital into and out of the economy that...
Water Resources Development Act of 2016: H.R. 5303 and S. 2848
The House and Senate versions of the Water Resources Development Act of 2016 (WRDA 2016) have different scopes. The House version of WRDA 2016 (H.R. 5303) continues the traditional focus of WRDAs on the Army Corps of Engineers (Corps). The House passed H.R. 5303 on September 28, 2016. The Senate bill (S. 2848) is an omnibus water bill addressing a variety of water issues and activities of multiple federal agencies; the Senate passed S. 2848 on September 15, 2016. The provisions below illustrate the scope and potential effects of the two bills. Corps Authorizations and Funding Senate and...
Tax Policy and U.S. Territories: Overview and Issues for Congress
There are 14 U.S. territories, or possessions, five of which are inhabited: Puerto Rico (PR), Guam, U.S. Virgin Islands (USVI), American Samoa (AS), and the Commonwealth of the Northern Mariana Islands (CNMI). Each of these inhabited territories has a local tax system with features that help determine each territory’s local public finances.
The U.S. Internal Revenue Code (IRC) has two important roles in establishing the tax policy relationship between the United States and the territories. First, native residents of U.S. territories are U.S. citizens or nationals but are taxed more...
Conservation Compliance and U.S. Farm Policy
The Food Security Act of 1985 (P.L. 99-198, 1985 farm bill) included a number of significant agricultural conservation provisions designed to reduce farm production and conserve soil and water resources. Many of the provisions remain in effect today, including the two compliance provisions—highly erodible land conservation (sodbuster) and wetland conservation (swampbuster). The two provisions, collectively referred to as conservation compliance, require that in exchange for certain U.S. Department of Agriculture (USDA) program benefits, a producer agrees to maintain a minimum level of...
Presidential Transition Act: Provisions and Funding
The Presidential Transition Act of 1963 (PTA) authorizes funding for the General Services Administration (GSA) to provide suitable office space, staff compensation, and other services associated with the presidential transition process (3 U.S.C. §102 note). The act has been amended a number of times since 1963 in response to evolving understandings of the proper role of the government in the transition process. Since the 2008-2009 transition, the PTA has been amended twice. The Pre-Election Presidential Transition Act of 2010 (P.L. 111-283) did so by authorizing additional support to...
Should the U.S. Relinquish Its Authority Over the Internet Domain Name System?
On March 14, 2014, the National Telecommunications and Information Administration (NTIA) of the Department of Commerce announced the intention to transition its stewardship role and procedural authority over key Internet domain name functions to the global Internet multistakeholder community. NTIA’s existing authority over the domain name system (DNS) primarily derives from a contract with the Internet Corporation for Assigned Names and Numbers (ICANN). The FY2017 Continuing Resolution, as passed by the Senate and House, did not include language to prevent NTIA from allowing its contract...
Paris Climate Change Agreement to Enter into Force November 4
The Paris Agreement (PA), which addresses climate change through international cooperation, is set to take effect on November 4, 2016. With the ratifications by the European Union, seven EU member states, New Zealand, and India—along with earlier actions by the United States, China, and other countries—the threshold was passed for the treaty to enter into force: Entry into force occurs on the 30th day after at least 55 countries, representing at least 55% of officially reported greenhouse gas (GHG) emissions, deposit their ratifications, acceptances, or approvals with the United Nations...
Military Construction: FY2017 Appropriations
Military construction for active and reserve components of the Armed Forces, military family housing construction and operations, the U.S. contribution to the NATO Security Investment Program, military base closures and realignment actions, and the military housing privatization initiative will be funded through Title I and Title IV of the FY2017 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The act is associated with three separate bill numbers: H.R. 4974, S. 2806, and H.R. 2577.
For FY2017, the President requested $7.44 billion in new budget authority...
Labor, Health and Human Services, and Education: FY2016 Appropriations
This report provides an overview of actions taken by Congress and the President to provide FY2016 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill provides funding for all accounts funded through the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Patents and Prescription Drug Importation
Prescription drugs often cost far more in the United States than in other countries. Some consumers have attempted to import medications from abroad in order to realize cost savings. The practice of importing prescription drugs outside the distribution channels established by the brand-name drug company is commonly termed “parallel importation” or “re-importation.” Parallel imports are authentic products that are legitimately distributed abroad and then sold to consumers in the United States, without the permission of the authorized U.S. dealer.
Numerous bills have been introduced in the...
Midnight Rulemaking: Background and Options for Congress
During the final months of recent presidential administrations, federal agencies have typically issued a larger number of rules relative to comparable time periods earlier in the administration. This phenomenon is often referred to as “midnight rulemaking.” Various scholars and public officials have documented evidence of midnight rulemaking by several recent outgoing administrations, especially for those outgoing administrations that will be replaced by an administration of a different party.
The most likely explanation for the issuance of “midnight rules” is the desire of the outgoing...
Extradition To and From the United States: Overview of the Law and Contemporary Treaties
“Extradition” is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. This is a brief overview of the adjustments made in recent treaties to accommodate American law enforcement interests, and then a nutshell overview of the...
Stafford Act Assistance for Public Health Incidents
This Insight provides a brief overview of Stafford Act declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act—42 U.S.C. 5721 et seq.) and the types of assistance that could be authorized in response to public health incidents in general, and infectious disease incidents such as the Zika virus outbreak in particular. This Insight also provides examples of Stafford Act declarations that have been previously issued to address such incidents.
Overview
The Stafford Act authorizes the President to issue two types of declarations that...
An Abridged Sketch of Extradition To and From the United States
“Extradition” is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool.
Extradition treaties are in the nature of a contract and generate the most controversy with respect to those matters for which extradition may not be had. In...
Poverty in the United States in 2015: In Brief
In 2015, approximately 43.1 million people, or 13.5% of the population, had incomes that fell below the official definition of poverty in the United States. These statistics represented a noticeable drop from the previous year, both in the number of poor, which had been 46.7 million in 2014, and the poverty rate (the percentage that were in poverty), which fell from 14.8%.
The drop in the U.S. poverty rate was broad-based, with poverty lessening among many demographic groups.
Families with a female householder and no spouse present (female-householder families) historically have had...
What Does Fish Consumption Have to Do With Water Quality Standards?
Controversies have arisen in several states over establishment of ambient water quality standards. At issue is whether states are setting standards at levels that adequately protect public health from pollutants in waterways. Some groups argue that states are adopting overly stringent standards that are unattainable and unaffordable and are being pressured to do so by the U.S. Environmental Protection Agency (EPA). Others contend that the states are failing to protect population groups that consume large amounts of fish, such as members of Indian tribes that have treaty fishing rights. The...
Human-Induced Earthquakes from Deep-Well Injection: A Brief Overview
The development of unconventional oil and natural gas resources using horizontal drilling and hydraulic fracturing has created new demand for disposal wells that inject waste fluids into deep geologic formations. Deep-well injection has long been the environmentally preferred method for managing produced brine and other wastewater associated with oil and gas production. However, an increasing concern in the United States is that injection of these fluids may be responsible for increasing rates of seismic activity. The number of earthquakes of magnitude 3.0 or greater in the central and...
Energy Policy: 114th Congress Issues
Energy policy in the United States has focused on three major goals: assuring a secure supply of energy, keeping energy costs low, and protecting the environment. In pursuit of those goals, government programs have been developed to improve the efficiency with which energy is utilized, to promote the domestic production of conventional energy sources, and to develop new energy sources, particularly renewable sources.
Implementing these programs has been controversial because of varying importance given to different aspects of energy policy. For some, dependence on imports of foreign...
Zika Response Funding: Request and Congressional Action
The second session of the 114th Congress has considered whether and how to provide funds to control the spread of the Zika virus throughout the Americas. Zika infection, which is primarily spread by Aedes mosquitoes and sexual contact, has been linked to birth defects and other health concerns. Local transmission of the virus has occurred in Puerto Rico, American Samoa, the U.S. Virgin Islands, and Florida.
On February 22, 2016, the Obama Administration requested more than $1.89 billion in supplemental funding for the Zika response, all of which it asked to be designated as an emergency...
Statutorily Required Federal Advisory Committees that Began Operations in FY2015
Congress regularly establishes federal advisory committees—sometimes called task forces, panels, commissions, working groups, boards, councils, or conferences. Many of these committees are required to operate pursuant to the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix), which seeks to make advisory committee operations more accessible and transparent. Federal advisory committees are one of only a few formalized mechanisms for private-sector citizens to participate in the executive branch’s policymaking process. FACA committees are prohibited from creating policy or issuing...
Wells Fargo Customer Account Scandal: Regulatory Policy Issues
Wells Fargo Bank, N.A., is a large federally chartered depository bank. Reportedly, thousands of Wells Fargo employees harmed bank customers in a variety of ways, including opening unauthorized deposit and credit card accounts in customers’ names, enrolling customers in online banking services they did not ask for, and transferring funds among existing and unauthorized accounts. These revelations present a number of policy issues in the areas of consumer protection, corporate governance, regulatory agency performance, and congressional oversight. This scandal is being examined at House and...
Encryption: Frequently Asked Questions
Encryption is a process to secure information from unwanted access or use. Encryption uses the art of cryptography to change information which can be read (plaintext) and make it so that it cannot be read (ciphertext). Decryption uses the same art of cryptography to change that ciphertext back to plaintext. Encryption takes five elements to work: plaintexts, keys, encryption methods, decryption methods, and ciphertexts. Data that are in a state of being stored or in a state of being sent are eligible for encryption. However, data that are in a state of being processed—that is being...
The Hatch-Waxman Act: A Primer
Congress has for many years expressed interest in both medical innovation and the growing cost of health care. The Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the Hatch-Waxman Act, addressed each of these concerns. Through amendments to both the patent law and the food and drug law, the Hatch-Waxman Act established several practices intended to facilitate the marketing of generic pharmaceuticals while providing brand-name firms with incentives to innovate.
The Hatch-Waxman Act established an expedited pathway for generic drug companies to obtain Food...
United States Supreme Court: Criminal Law Cases in the October 2015 Term
The white collar crimes on the Supreme Court’s 2015 docket consist of three Hobbs Act cases and one on computer fraud (Musacchio v. United States). The Hobbs Act outlaws robbery and extortion when committed in a manner which “in any way or degree” obstructs interstate commerce. One of the Hobbs Act cases before the Court (Taylor v. United States) involves the robbery of suspected drug dealers. The second (Ocasio v. United States) consists of a kickback conspiracy between traffic cops and body shop owners. The third (McDonnell v. United States) involves a local drug manufacturer who...
EPA’s Clean Power Plan: Highlights of the Final Rule
On August 3, 2015, the Environmental Protection Agency (EPA) finalized regulations that address carbon dioxide (CO2) emissions in the electric power sector. The Clean Power Plan (CPP) final rule requires states to submit plans that would reduce carbon dioxide (CO2) emissions or emission rates—measured in pounds of CO2 emissions per megawatt-hour of electricity generation—from existing fossil fuel electricity generating units. EPA estimates that in 2030, the CPP will result in CO2 emission levels from the electric power sector that are 32% below 2005 levels.
The CPP is the subject of...
Housing for Persons Living with HIV/AIDS
Since the beginning of the acquired immunodeficiency syndrome (AIDS) epidemic in the early 1980s, many individuals living with the disease have had difficulty finding affordable, stable housing. In the earlier years of the epidemic, as individuals became ill, they found themselves unable to work, while at the same time facing health care expenses that left few resources to pay for housing. In more recent years, HIV and AIDS have become more prevalent among low income populations who struggled to afford housing even before being diagnosed with the disease. The financial vulnerability...
U.S. Peanut Program and Issues
According to the U.S. Department of Agriculture (USDA), the United States is expected to be the fourth-largest producer and third-largest exporter of peanuts in the world in 2016. In addition to its prominent role in international markets, U.S. peanut production and marketing is an important activity in several states located in the southeastern and southwestern United States. The U.S. peanut crop has been eligible for certain federal farm support programs since the 1930s—initially under a quota system and, since 2002, under the income support programs available for other major program...
The Yahoo! Data Breach—Issues for Congress
On September 22, 2016, Yahoo! announced that information on at least 500 million user accounts had been stolen. It reported that compromised information included “names, email addresses, telephone numbers, dates of birth, hashed passwords ... and, in some cases, encrypted or unencrypted security questions and answers.” The breach started in late 2014, but Yahoo! did not say when it was detected.
It is not clear what the impact on individuals will be. It appears that passwords were properly secured, but if a state actor with immense resources is involved, the passwords could be...
FERC Reviewing Its Approach to Market Power Determinations
On September 22, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Inquiry (NOI) to explore whether it should revise its current approach to “identifying and assessing” market power in electric utility transactions. FERC defines market power as “[t]he ability of any market participant with a large market share to significantly control or affect price by withholding production from the market, limiting service availability, or reducing purchases.”
FERC’s rationale for the NOI arose from the different ways market power can be analyzed under its rules....
On July 26, 2016, President Obama signed Presidential Policy Directive 41, United States Cyber Incident Coordination, “setting forth principles governing the Federal Government’s response to any cyber incident, whether involving government or private sector entities.” Issued following high-profile attacks such as the Office of Personnel Management (OPM) breach in 2015 and the recent breach of the Democratic National Committee’s (DNC’s) email system, the directive addresses a number of cyber-related issues, including defining various types of cyber incidents as well as departmental roles...
Overview of EPA Standards for “Coal Ash” Disposal
On October 19, 2015, U.S. Environmental Protection Agency (EPA) regulations applicable to the disposal of coal combustion residuals (CCR) went into effect. CCR, commonly known as “coal ash,” is generated when power plants burn coal to produce electricity. (See EPA’s Coal Ash website.) EPA promulgated the standards under its existing authorities in the Solid Waste Disposal Act (more commonly referred to by the title of its 1976 amendment, the Resource Conservation and Recovery Act, or RCRA). Codified at 40 C.F.R. 257 Part D, the regulations establish minimum national standards that must be...
Conflict in South Sudan and the Challenges Ahead
South Sudan, which separated from Sudan in 2011 after almost 40 years of civil war, was drawn into a devastating new conflict in late 2013, when a political dispute that overlapped with preexisting ethnic and political fault lines turned violent. Civilians have been routinely targeted in the conflict, often along ethnic lines, and the warring parties have been accused of war crimes and crimes against humanity. The war and resulting humanitarian crisis have displaced more than 2.7 million people, including roughly 200,000 who are sheltering at U.N. peacekeeping bases in the country. Over 1...
Child Support Enforcement and the Hague Convention on Recovery of International Child Support
The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (the Convention) was adopted at the Hague Conference on Private International Law on November 23, 2007. The Convention contains procedures for processing international child support cases that are intended to be uniform, simple, efficient, accessible, and cost-free to U.S. citizens seeking child support in other countries. The United States was the first country to sign the Convention. For many international cases, U.S. courts and state Child Support Enforcement (CSE) agencies already...
Designation of Global ‘Too Big To Fail’ Firms
Hearings in both the House and the Senate have examined the role and processes for U.S. financial regulators and the international standard-setting body—the Financial Stability Board (FSB)—for designating large financial institutions as systemically important (or “too big to fail”). Members of Congress and various witnesses have raised concerns that the process of FSB designation for global firms, including U.S. firms, is opaque, and that it has potentially costly implications for large U.S. financial firms without affording them U.S. legal means of redress or U.S. “due process.” H.R. 1309...
U.S. Agricultural Trade with Cuba: Current Limitations and Future Prospects
After more than half a century during which trade relations between the United States and Cuba have evolved from a tight economic embargo to a narrow window of trade in U.S. agricultural and medical products, the diplomatic initiative that President Obama announced in December 2014 to restore more normal relations with Cuba has raised the possibility that bilateral relations could move toward an expansion in commercial opportunities.
Many U.S. agricultural and food industry interests believe the Cuban market could offer meaningful export expansion potential for their products—but only if...
Veterans’ Benefits: The Department of Veterans Affairs and the Duty to Assist Claimants
The Department of Veterans Affairs (VA) provides an array of benefits to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to apply for these benefits, in most circumstances, the claimant will send an application to his or her local VA Regional Office or apply online. Once a veteran has filed an application for benefits with the VA, the agency has a unique obligation to the claimant when...
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has been ratified by 183 nations, including the United States. It regulates the international trade in animals and plants that may be threatened by trade. CITES entered into force in 1975 and currently regulates the trade of approximately 30,000 species of plants and 5,600 species of animals. Many believe that CITES has been a success, noting that no species listed under CITES has gone extinct in the last 30 years. Others believe that CITES, although successful, has had implementation difficulties,...
County Agricultural Revenue Coverage (ARC) Payment Disparities: What Are the Issues?
In October 2015, the U.S. Department of Agriculture (USDA) made the first payments for 2014 crops under the new revenue programs provided by the 2014 farm bill (Agricultural Act of 2014, P.L. 113-79). At that time, significant discrepancies in county-level payments were discovered under the Agricultural Revenue Coverage (ARC) program. These significant discrepancies—which appear to be due, in part, to average county yield calculations—have generated considerable concern about whether the new revenue program is working as intended and whether USDA is implementing it with sufficient...
This Insight highlights some of the major policy proposals included in H.R. 5983, the Financial CHOICE Act (FCA). The FCA was ordered to be reported by the House Financial Services Committee on September 13, 2016 and is part of the House Republicans’ “A Better Way” policy agenda. The FCA encompasses a broad package of reforms to the financial regulatory system, including significant changes to the Dodd-Frank Act (DFA; P.L. 111-203). The FCA incorporates many bills that have previously received committee or floor consideration. For more on the FCA, see CRS Report R44631, The Financial...
Ex-Im Bank: No Quorum, No Problem?
The Export-Import Bank (Ex-Im Bank) is operating on a limited basis despite a renewal of its general statutory charter through FY2019 (P.L. 114-94, Division E, enacted December 4, 2015). The absence of a Board of Directors quorum constrains Ex-Im Bank’s ability to approve medium- and long-term export financing above $10 million. The Board’s status is of congressional interest because nominations to the Board are subject to Senate approval, and debate over it relates to broader issues for Congress over Ex-Im Bank (see CRS In Focus IF10017, Export-Import Bank of the United States (Ex-Im...
Saudi Military Campaign in Yemen Draws Congressional Attention to U.S. Arms Sales
Some lawmakers have introduced legislation seeking to condition or prohibit the sale or transfer of certain weapons and the provision of some U.S. foreign assistance to Saudi Arabia. These proposals have come amid reports of Yemeni civilian casualties resulting from Saudi-led coalition military operations in Yemen, which resumed in August 2016. Some lawmakers suggest that U.S. arms sales and military support to Saudi Arabia are enabling alleged Saudi violations of international humanitarian law. Human rights organizations seek further investigations into the alleged Saudi violations, and...
Questions of the Privileges of the House
A question of the privileges of the House is a formal declaration by a Member of the House asserting that a situation has arisen that affects “the rights of the House collectively, its safety, dignity, and the integrity of its proceedings.” When making the declaration, the Member submits a resolution providing detail on the situation and typically urging action of some sort.
The notion of such questions predates Congress, and House precedent states, “The tradition of Anglo-American parliamentary procedure recognizes the privileged status of questions related to the honor and security of a...
Overview of the Appeal Process for Veterans’ Claims
Congress, through the U.S. Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to receive these benefits, a veteran (or an eligible family member) must apply for them by submitting the necessary information to a local VA office. The local VA office will make an initial determination on the application for...
CHIP and the ACA Maintenance of Effort (MOE) Requirement: In Brief
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but do not have health insurance. CHIP is jointly financed by the federal government and the states and administered by the states. The federal government sets basic requirements for CHIP, but states have the flexibility to design their own version of CHIP within the federal government’s basic framework. States may design their CHIP programs in three ways: a CHIP...
Behavioral Health Among American Indian and Alaska Natives: An Overview
Behavioral health problems (e.g., mental disorders, substance use disorders, and suicide) among the American Indian and Alaska Native (AI/AN) population have been the subject of multiple congressional hearings, introduced bills, and Administration initiatives in recent years.
Research on AI/AN behavioral health demonstrates three key points: Relative to the general U.S. population, the AI/AN population has (1) a high prevalence of risk factors for behavioral health problems, (2) a high prevalence of behavioral health problems, and (3) limited access to care for behavioral health problems....
Super PACs in Federal Elections: Overview and Issues for Congress
Super PACs emerged after the U.S. Supreme Court permitted unlimited corporate and union spending on elections in January 2010 (Citizens United v. Federal Election Commission). Although not directly addressed in that case, related, subsequent litigation (SpeechNow v. Federal Election Commission) and Federal Election Commission (FEC) activity gave rise to a new form of political committee. These entities, known as super PACs or independent-expenditure-only committees (IEOCs), may accept unlimited contributions and make unlimited expenditures aimed at electing or defeating federal candidates....
Syrian Refugee Admissions and Resettlement in the United States: In Brief
The admission of Syrian refugees to the United States has generated public controversy, with opponents citing concerns chiefly about terrorism and national security. As of August 31, 2016, the United States has admitted 10,740 Syrian refugees in FY2016, meeting the Obama Administration’s fiscal year goal. These new arrivals have been placed in 40 states. From October 1, 2010, through August 31, 2016, the United States admitted a total of 12,623 Syrian refugees.
The admission of refugees to the United States and their resettlement here are authorized by the Immigration and Nationality Act...
Corporate Tax Integration and Tax Reform
In January 2016, Senator Orrin Hatch, chairman of the Senate Finance Committee, announced plans for a tax reform that would explore corporate integration. Corporate integration involves the elimination or reduction of additional taxes on corporate equity investment that arise because corporate income is taxed twice, once at the corporate level and once at the individual level. Traditional concerns are that this system of taxation is inefficient because it (1) favors noncorporate equity investment over corporate investment, (2) favors debt finance over equity finance, (3) favors retained...
How a National Infrastructure Bank Might Work
The Republican and Democratic presidential candidates both propose increasing federal infrastructure investment. Hillary Clinton recommends increasing federal infrastructure spending by $275 billion over five years. Donald Trump proposes to at least double that amount, but without details about how this would be spent. As part of her proposal, Hillary Clinton includes the creation of a national infrastructure bank with an initial appropriation of $25 billion. Although the proposal offers few specifics, legislation introduced in the 114th Congress helps explain how an infrastructure bank...
The Closure of ITT Technical Institute
On August 25, 2016, the U.S. Department of Education (ED) imposed a variety of additional Higher Education Act (HEA) Title IV federal student aid program participation requirements on ITT Educational Services, Inc. (ITT-ESI). ITT-ESI is the publically traded parent company of the private, for-profit institutions of higher education (IHEs) ITT Technical Institutes (ITTs) and Daniel Webster College (DWC). On September 6, 2016, ITT-ESI announced the closure of all 136 ITT campuses. As a result, approximately 35,000 enrolled students, at 136 campuses, across 38 states became unable to continue...
Reauthorization of the Perkins Act in the 114th Congress: Comparison of Current Law and H.R. 5587
The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV; P.L. 109-270) is the main federal law supporting the development of career and technical skills among students in secondary and postsecondary education. Perkins IV, the most recent reauthorization of federal law targeting career and technical education (CTE), was passed in 2006 and authorized through FY2012. The authorization was extended through FY2013 under the General Education Provisions Act, and Perkins IV has continued to receive fairly constant appropriations through FY2016.
During the 114th Congress, the...
Cost-Benefit Analysis in Rulemaking and Financial Regulators
Many regulatory agencies are required—by statue or executive order—to perform regulatory analysis assessing the potential effects of a proposed regulation prior to implementing it. For many federal agencies, this analysis must include a cost-benefit analysis (CBA)—a systematic and sometimes quantified examination of all potential economic costs and benefits resulting from the implementation of a proposed rule. However, the required scope and level of detail of regulatory analysis can vary between different departments and agencies, particularly for financial regulators. Financial...
Zimbabwe: Current Issues and U.S. Policy
Zimbabwe, a southern African country of about 14 million people, gained independence from the United Kingdom in 1980 after a lengthy armed struggle against white minority rule. The armed struggle, and the enduring effects of land allocations that favored whites, have profoundly shaped post-independence politics, as have the nationalist economic policies of the ruling Zimbabwe National Union-Patriotic Front (ZANU-PF), led by long-time president Robert Mugabe. Land seizures, state-centric economic policies, and persistent political turmoil under Mugabe led to a severe economic contraction...
Russia’s Parliamentary Elections
On September 18, 2016, Russians will go to the polls to elect the State Duma, the lower house of parliament. Russia’s last parliamentary elections in December 2011 triggered a wave of protests against electoral fraud and heralded the rise of a revitalized opposition against the government of President Vladimir Putin. Five years later, expectations of democratic change have subsided. The ruling United Russia (UR) party is poised to win an even larger majority than before, with most other seats going to loyal opposition parties. Parties genuinely in opposition to the government are expected...
Nanotechnology: A Policy Primer
Nanoscale science, engineering, and technology—commonly referred to collectively as “nanotechnology”—is believed by many to offer extraordinary economic and societal benefits. Congress has demonstrated continuing support for nanotechnology and has directed its attention particularly to three topics that may affect the realization of this hoped for potential: federal research and development (R&D) in nanotechnology; U.S. competitiveness in the field; and environmental, health, and safety (EHS) concerns. This report provides an overview of these topics and two others: nanomanufacturing and...
The Dodd-Frank Act: An Overview of the 2016 Incentive-Based Compensation Proposal
Incentive compensation or incentive-based compensation refers to the portion of an employee’s pay that is not fixed in contrast to an annual or monthly salary. Incentive compensation takes the form of variable contingent compensation, particularly cash bonuses, that are based on the attainment of certain firm or employee performance metrics. Such pay has been a significant component of compensation for executives and other key personnel at many firms in the financial sector. Many argue that such compensation contributed to the 2007-2009 financial crisis by incentivizing pivotal financial...
The Child Support Enforcement Program: A Review of the Data
The Child Support Enforcement (CSE) program is a federal/state program that is designed to promote self-sufficiency of families in which one of the biological parents is living outside of the home. The program achieves its mission by trying to ensure that noncustodial parents meet their financial responsibility to their children. The CSE program provides several services on behalf of children including parent location, paternity establishment, establishment of child support orders, and collection and distribution of child support payments.
In FY1978, families who received cash welfare...
Prospects in Colombia: Cease-Fire, Peace Accord Vote, and Potential Disrupters
On October 2, 2016, Colombians will be given a chance in a national plebiscite to embrace or reject a peace accord negotiated over four years between the government of President Juan Manuel Santos and the country’s largest insurgent group, the Revolutionary Armed Forces of Colombia (FARC). The FARC has fought the Colombian government for more than five decades and funded its leftist insurgency with proceeds from extortion, drug trafficking, and other illicit activities.
The vote is not legally required to approve the FARC-government negotiations but was the path chosen by the Santos...
The Financial CHOICE Act in the 114th Congress: Policy Issues
The Financial CHOICE Act (FCA; H.R. 5983), sponsored by Chairman Jeb Hensarling, was ordered to be reported by the House Committee on Financial Services on September 13, 2016. The bill is a wide-ranging proposal with 11 titles that would alter many parts of the financial regulatory system. Much of the FCA is in response to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203), a broad package of regulatory reform legislation that initiated the largest change to the financial regulatory system since at least 1999. Many of the provisions of the...
FDA Regulation of Medical Devices
Prior to and since the passage of the Medical Device Amendments of 1976, Congress has debated how best to ensure that consumers have access, as quickly as possible, to new and improved medical devices and, at the same time, prevent devices that are not safe and effective from entering or remaining on the market. Medical device regulation is complex, in part, because of the wide variety of items that are categorized as medical devices; examples range from a simple tongue depressor to a life-sustaining heart valve. The regulation of medical devices can affect their cost, quality, and...
U.S. International Food Aid Programs: Background and Issues
For almost six decades, the United States has played a leading role in global efforts to alleviate hunger and malnutrition and to enhance world food security through international food assistance—traditionally through either the donation or sale on concessional terms of U.S. agricultural commodities but in recent years also by direct cash transfers targeting emergency situations and by investing in host-country nutrition and agricultural development activities.
Historically, U.S. international food assistance has been distributed through four main program authorities: (1) the Food for...
Brazilian President Dilma Rousseff of the center-left Workers Party was permanently removed from office on August 31, 2016—a little more than a year and a half into her second four-year term. Officially, Rousseff was impeached and convicted by supermajorities in both houses of the Brazilian Congress for violating the country’s fiscal responsibility law. Many analysts contend, however, that Rousseff’s fate was determined more by legislators’ political calculations than by the legal merits of the impeachment charges. Rousseff’s political base collapsed over the past year as a deep economic...
Domestic Content Restrictions: The Buy American Act and Complementary Provisions of Federal Law
Broadly understood, domestic content restrictions are provisions which require that items purchased using specific funds appropriated or otherwise made available by Congress be produced or manufactured in the United States. Federal law contains a number of such restrictions, each of which applies to different entities and supplies, and imposes somewhat different requirements. Some of these restrictions have, however, been waived pursuant to the Trade Agreements Act (TAA).
The Buy American Act of 1933 is the earliest and arguably the best known of the major domestic content restrictions. It...
Coal Use Already Near EPA’s 2030 Projection
In February of this year, BloombergBusiness stated that although the Supreme Court had placed a hold on implementation of President Obama’s Clean Power Plan (CPP), the Court’s stay “won’t save coal from a shrinking market.” Under the CPP, Bloomberg noted, EPA had projected that coal’s share of the electric power mix would shrink to 27% in 2030 (from a 39% share in 2014); but it was already down to 29% in November 2015, a month after the CPP was promulgated.
Coal’s shrunken market share has continued in the months since November: over the first six months of 2016, coal accounted for 28% of...
Paris Agreement: United States, China Move to Become Parties to Climate Change Treaty
On September 3, 2016, the United States and China consented to be bound by the international Paris Agreement (PA) to address greenhouse-gas-induced climate change.
The PA was negotiated under the United Nations Framework on Climate Change (UNFCCC), which the United States ratified in 1992 with the advice and consent of the Senate. The UNFCCC set an objective of “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”—implicitly requiring that human-related net emissions of greenhouse gases...
House of Representatives v. Burwell and Congressional Standing to Sue
On November 21, 2014, the House of Representatives filed a lawsuit against the Departments of Health and Human Services and the Treasury, pursuant to H.Res. 676. House of Representatives v. Burwell included two claims regarding the implementation of the Patient Protection and Affordable Care Act (ACA). In September 2015, the U.S. District Court for the District of Columbia Circuit issued an opinion addressing the preliminary jurisdictional and justiciability questions at issue in the case. In May 2016, the district court issued its decision on the merits, in which the House prevailed as to...
Sea-Level Rise and U.S. Coasts: Science and Policy Considerations
Policymakers are interested in sea-level rise because of the risk to coastal populations and infrastructure and the consequences for coastal species and ecosystems. From 1901 to 2010, global sea levels rose an estimated 187 millimeters (mm; 7.4 inches), averaging a 1.7 mm (0.07 inch) rise annually. Estimates are that the annual rate rose to 3.2 mm (0.13 inches) from 1992 to 2010. Although the extent of future sea-level rise remains uncertain, sea-level rise is anticipated to have a range of effects on U.S. coasts. It is anticipated to contribute to flood and erosion hazards, permanent or...
Immigration Legislation and Issues in the 114th Congress
The House and the Senate have considered immigration measures on a variety of issues in the 114th Congress. The Consolidated Appropriations Act, 2016 (P.L. 114-113) extends four immigration programs through September 30, 2016: the EB-5 immigrant investor Regional Center Pilot Program, the E-Verify employment eligibility verification system, the Conrad State program for foreign medical graduates, and the special immigrant religious worker program. P.L. 114-113 also contains provisions on the Visa Waiver Program and certain nonimmigrant visa categories.
Other enacted immigration-related...
With the Rules Enabling Act, Congress granted to the Supreme Court the authority to write federal rules of procedure, including the rules of criminal procedure. After several years of evaluation by the Judicial Conference, the policy-making arm of the federal judiciary, on April 28, 2016, the Supreme Court transmitted to Congress proposed changes to Rule 41 of the Federal Rules of Criminal Procedure. These proposed changes would amend the federal search and seizure rules in two ways. First, they would permit the government to remotely access electronic devices although the location of the...
Interior Immigration Enforcement: Criminal Alien Programs
Congress has long supported efforts to identify, detain, and remove criminal aliens, defined as noncitizens who have been convicted of crimes in the United States. The apprehension and expeditious removal of criminal aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and one of its predecessor agencies have operated programs targeting criminal aliens since 1988. Investments in DHS’s Immigration and Customs Enforcement (ICE) interior enforcement programs since 2004 have increased the number of potentially removable aliens identified within the...
Background on the G-20
On September 4-5, leaders of the Group of Twenty (G-20) countries met in Hangzhou, China. The Group of Twenty (G-20) is a forum for advancing international economic cooperation and coordination among 20 major advanced and emerging-market economies, including the United States. G-20 countries account for about 85% of global economic output, 75% of global exports, and two-thirds of the world's population. The G-20 generally focuses on financial and economic issues and policies, although related issues are also discussed, including food security, foreign aid, the...
The development of the Internet has revolutionized communications. It has never been easier to speak to wide audiences or to communicate with people that may be located more than half a world away from the speaker. However, like any neutral platform, the Internet can be used to many different ends, including illegal, offensive, or dangerous purposes. Terrorist groups, such as the Islamic State (IS, also referred to as ISIS or ISIL), Al Qaeda, Hamas, and Al Shabaab, use the Internet to disseminate their ideology, to recruit new members, and to take credit for attacks around the world. In...
In what many observers hope could be a step toward ending Burma’s six-decade long, low-grade civil war and establishing a process eventually leading to reconciliation and possibly the formation of a democratic federated state, over 1,400 representatives of ethnic political parties, ethnic armed organizations (EAOs), the government in Naypyitaw and its military (Tatmadaw), and other concerned parties attended a peace conference in Naypyitaw, Burma, on August 31–September 3, 2016. Convened by Aung San Suu Kyi, State Counsellor for the government in Naypyitaw, the conference was called the...
FY2016 Appropriations: District of Columbia
On February 2, 2015, the Obama Administration released its budget request for FY2016. The Administration’s proposed budget included $474 million in special federal payments to the District of Columbia government. An additional $286 million was requested for the Court Services and Offender Supervision Agency (CSOSA) and the Public Defender Service, two federally chartered, independent agencies that work exclusively on behalf of the District criminal justice system. The combined budget requests totaled $760 million in special federal payments.
On April 2, 2015, the mayor of the District of...
The Endangered Species Act: A Primer
The Endangered Species Act (ESA; P.L. 93-205, 87 Stat. 884. 16 U.S.C. §§1531-1544) has a stated purpose of conserving species identified as endangered or threatened with extinction and conserving ecosystems on which these species depend. The ESA is perennially controversial because the protections provided can make it the visible policy focal point for underlying situations involving the allocation of scarce or diminishing lands or resources, especially in instances where societal values may be changing or traditional land use patterns are affected. As a result, the act often becomes...
FATCA Reporting on U.S. Accounts: Recent Legal Developments
Enacted in 2010, the Foreign Account Tax Compliance Act (FATCA) is intended to curb U.S. tax evasion occurring through the use of offshore accounts. Key among its provisions is the requirement that foreign financial institutions (FFIs), such as foreign banks and hedge funds, report information on their U.S. account holders to the Internal Revenue Service (IRS). FFIs that fail to comply will have tax withheld at a rate of 30% on many payments made to them from U.S. sources, including interest and dividends.
Since FATCA’s passage, there has been international criticism of the FFI provisions,...
The importance of children’s early learning experiences to their development and later success in school and the workforce has become a subject of increasing interest to the public, Members of Congress, and the Administration. During recent congresses many bills have been introduced that would provide funding to states aiming to facilitate improvements in the quality of, and access to, early childhood education (ECE) programs.
This report focuses on two early childhood initiatives—Race to the Top-Early Learning Challenge (RTT-ELC) grants for FY2011-FY2013 and Preschool Development Grants...
Selected Securities Legislation in the 114th Congress
In the aftermath of the 2008-2009 financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203), a wide-ranging package of regulatory reform legislation. Some provisions mandated new securities regulations that expanded required corporate disclosures to the Securities and Exchange Commission (SEC) and the investing public. Some Members of Congress have characterized provisions of the act, including several requiring additional corporate disclosures, as excessive regulation.
Enacted in the 112th Congress, the...
Corporate Inversions: Frequently Asked Legal Questions
In general, corporate inversions are transactions in which a U.S. corporation “inverts” its ownership structure so that it now has a foreign parent. There are various ways in which this can be achieved. Corporate inversions have been controversial because it appears, in at least some cases, the primary motivation is the reduction of U.S. income tax liability.
In 2004, Congress added Section 7874 to the Internal Revenue Code (IRC), which significantly limits the tax benefits associated with corporate inversions. While Section 7874 appeared to slow the rate of inversions in the years...
This report examines the two patent law cases decided by the U.S. Supreme Court in its October 2015 Term. The first patent case, decided on June 13, 2016, Halo Electronics, Inc. v. Pulse Electronics, Inc., concerns the circumstances in which the awarding of enhanced damages in a patent infringement case are warranted and the discretion of the district courts to award them. Section 284 of the Patent Act provides that the court may increase damages up to three times the amount found by a jury or assessed by the court, but does not provide any guidance to the court, or any express limits or...
U.S. Withdrawal from Free Trade Agreements: Frequently Asked Legal Questions
The United States is party to 14 international free trade agreements (FTAs) with 20 countries. These agreements impose a wide variety of international obligations on the United States and its trading partners. Such obligations address import tariffs, as well as potential nontariff trade barriers. A country that is party to an FTA and that maintains laws, regulations, or practices that violate one of these obligations may be subject to trade retaliation (e.g., other FTA parties may increase tariffs on the country’s exports) or may have to pay a fine or monetary compensation to an FTA...
Leadership Succession in Uzbekistan
Background
On August 28, 2016, Uzbekistan announced its President, Islam Karimov, had been hospitalized, but officials gave few details about his condition. On September 2 after a week of conflicting reports, the government confirmed that Karimov had died and the following day a funeral was held in his hometown of Samarkand.
The 78-year-old Karimov served as Uzbekistan’s only President from the time of its independence from the former Soviet Union in 1991. Prior to his death, his deteriorating health caused observers to speculate about the insular country’s process for choosing a new...
Hong Kong’s 2016 Legislative Council Elections
A record 2.2 million (58%) of Hong Kong’s eligible voters voted on September 4, 2016, to select the 70 members of the 6th Legislative Council (Legco). Thirty pro-democracy candidates won seats, including six from new political parties formed following 2014 pro-democracy protests. Although pro-establishment candidates won a majority of the seats, pro-democracy candidates increased their numbers by three, winning enough seats to play a role in possible governance reforms.
The U.S.-Hong Kong Policy Act of 1992 (P.L. 102-383) commits the United States to treat the Hong Kong Special...
How Big Should the Army Be? Considerations for Congress
Article I, Section 8, of the U.S. Constitution vests Congress with broad powers over the Armed Forces, including the power "To raise and support Armies" and “To provide and maintain a Navy.” As such, the size of the Armed Forces is a topic of perennial congressional interest and debate. Congress annually sets minimum and maximum strength levels for the active components and maximum strength levels for the reserve components.
The House and Senate versions of the National Defense Authorization Act (NDAA) for FY2017 authorized differing levels for active duty personnel in each of the...
The Federal Advisory Committee Act: Analysis of Operations and Costs
Federal advisory committees are established to allow experts from outside the federal government to provide advice and recommendations to Congress, the President, or an executive branch agency. Federal advisory committees can be created either by Congress, the President, or an executive branch agency.
The Federal Advisory Committee Act (FACA) requires agencies to report on the structure, operations, and costs of qualifying federal advisory committees. The General Services Administration (GSA) is authorized to collect, retain, and review the reported information, and does so using an online...
Information Warfare: Russian Activities
Pointing to several recent high-profile events, media reports suggest that Russia is engaging in activities that some may describe as Information Warfare (IW): the range of military and government operations to protect and exploit the information environment. These alleged events include “hacks” of servers of U.S. political parties and other groups; releases and possible manipulation of sensitive documents in an attempt to influence the upcoming U.S. presidential election; and the manipulation of publicly available information on Russian activities in Ukraine. The scale and frequency of...
Zika Testing Poses Challenges for Blood Centers
Introduction
On August 26, the Food and Drug Administration (FDA) issued an updated guidance recommending that all U.S. blood centers begin testing donations for Zika virus (ZIKV) using an investigational test cleared by FDA. While the recommendation is nonbinding, all blood centers are expected to comply.
Blood donations in Puerto Rico and Florida, the only areas within the United States where local mosquito-borne ZIKV transmission has been confirmed, are already being tested. Testing is also being conducted on donations in high-risk areas of Texas.
The guidance is the latest in a series...
EU State Aid and Apple’s Taxes
On August 24, 2016, the Treasury Department issued a white paper critical of four recent investigations by the European Union (EU). This white paper followed previous concerns raised by the Treasury Department and by Congress, especially the Senate Finance Committee.
The EU investigations claimed that certain countries had provided illegal state aid via favorable tax rulings. The most significant in monetary terms is Ireland’s rulings for Apple. There are also investigations of Starbucks in the Netherlands and Amazon in Luxembourg. (The remaining non-U.S. firm is Fiat Chrysler, also in...
Clean Air Permitting: Implementation and Issues
The 1990 Clean Air Act (CAA) amendments required major industrial sources of air pollutants to obtain operating permits. These permits, authorized in Title V of the act, are intended to enhance environmental compliance by detailing for each covered facility all of the emission control requirements to which it is subject. Title V also was intended to generate permit fees that would be used by state and local permitting authorities for administering the program. Implementation of these requirements affects more than 15,000 industrial sources of air emissions, as well as state and local air...
The European Union’s Small Business Act: A Different Approach
The Small Business Act for Europe (2008) is not an act, per se, as understood in the United States. It is a European Commission initiative, endorsed by the Council of the European Union, that provides 10 “guiding principles” to promote the growth of small- and medium-sized enterprises (SMEs) in Europe (e.g., “Create an environment in which entrepreneurs and family businesses can thrive and entrepreneurship is rewarded,” “Design rules according to the Think Small First’ principle,” and “Facilitate SMEs’ access to finance and develop a legal and business environment supportive to timely...
Comprehensive Nuclear-Test-Ban Treaty: Background and Current Developments
A ban on all nuclear tests is the oldest item on the nuclear arms control agenda. Three treaties that entered into force between 1963 and 1990 limit, but do not ban, such tests. In 1996, the United Nations General Assembly adopted the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which would ban all nuclear explosions. In 1997, President Clinton sent the CTBT to the Senate, which rejected it in October 1999. In a speech in Prague in April 2009, President Obama said, “My administration will immediately and aggressively pursue U.S. ratification of the Comprehensive Test Ban Treaty.” However,...
OPM Announces Premium Increase in the Federal Long-Term Care Insurance Program
On July 16, 2016, the U.S. Office of Personnel Management (OPM) announced a premium rate increase for long-term care insurance policies purchased through the Federal Long Term Care Insurance Program (FLTCIP). The new rates were established following an open competitive bidding process. That process awarded a new seven-year contract to the prior insurer and sole bidder, John Hancock Life & Health Insurance Company, to continue providing coverage. According to OPM, the higher premiums are based on an analysis that used updated assumptions of industry trends and claims experience. The...
The Future of Internet Governance: Should the United States Relinquish Its Authority over ICANN?
Currently, the U.S. government retains limited authority over the Internet’s domain name system, primarily through the Internet Assigned Numbers Authority (IANA) functions contract between the National Telecommunications and Information Administration (NTIA) and the Internet Corporation for Assigned Names and Numbers (ICANN). By virtue of the IANA functions contract, the NTIA exerts a legacy authority and stewardship over ICANN, and arguably has more influence over ICANN and the domain name system (DNS) than other national governments. Currently the IANA functions contract with NTIA...
Volkswagen, Defeat Devices, and the Clean Air Act: Frequently Asked Questions
The German automotive manufacturer Volkswagen Automotive Group (VW) has admitted to installing a software algorithm in several of its diesel-fueled vehicle engines that acts as a “defeat device”: the software detects when the vehicle is undergoing compliance testing and activates certain pollution control devices to reduce tailpipe emissions. During normal driving situations, however, the control devices are turned off, resulting in higher emissions of nitrogen oxide (NOx) and other air pollutants than claimed by the company. Federal and California regulators and the European Union (EU)...
U.S. Textile Manufacturing and the Proposed Trans-Pacific Partnership Agreement
Textiles are a sensitive sector in the Trans-Pacific Partnership (TPP), an agreement that would establish a free-trade zone across the Pacific if it is approved by Congress and foreign governments. Because the TPP includes Vietnam, a major apparel producer that now mainly sources yarns and fabrics from China and other Asian nations, the agreement could shift global trading patterns for textiles and demand for U.S. textile exports. Canada and Mexico, both significant regional textile markets for the United States, and Japan, a major manufacturer of high-end textiles and industrial fabrics,...
Northeast Asia and Russia’s “Turn to the East”: Implications for U.S. Interests
Since Russia’s aggression in Ukraine and its annexation of the Crimea in March 2014, Moscow’s already tense relationship with the United States and Europe has grown more fraught. After the imposition of sanctions on Russia by much of the West, Russian President Vladimir Putin has turned to East Asia, seeking new partnerships to counter diplomatic isolation and secure new markets to help Russia’s struggling economy. His outreach to Beijing, Tokyo, Seoul, and Pyongyang has met varying degrees of success. The most high-profile outreach was a summit with Chinese President Xi Jinping in May...
Display of the Confederate Flag at Federal Cemeteries in the United States
The National Park Service (NPS), the Department of Veterans Affairs (VA), and the Department of the Army all administer federal cemeteries that sometimes display the Confederate flag. There are 147 national cemeteries in the United States. Fourteen are maintained by the NPS, in the Department of the Interior. The VA, through its National Cemetery Administration (NCA), administers 131 cemeteries. The Army, in the Department of Defense (DOD), administers 2 national cemeteries. In addition, the American Battle Monuments Commission (ABMC) operates 25 American military cemeteries in 16 foreign...
A criminal prosecution involving classified information may cause tension between the government’s interest in protecting classified information and the criminal defendant’s right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose classified information in an effort to gain leverage. Concerns about this practice, referred to as “graymail,” led the 96th Congress to enact the Classified Information Procedures Act (CIPA) to provide uniform procedures for prosecutions involving classified information. Examples of recent cases implicating CIPA have arisen in...
Army and Marine Corps Active Protection System (APS) Efforts
Active Protection Systems (APSs) are subsystems integrated into or installed on a combat vehicle to automatically acquire, track, and respond with hard or soft kill capabilities to a variety of threats, including rocket-propelled grenades (RPGs) and anti-tank guided missiles (ATGMs). APS technologies are not new, and a number of nations have already employed APS on the battlefield. The U.S. military is now beginning to include APS as part of its formal combat vehicle modernization plans and, if the initial deployment of APS proves successful, could expand the use of APS to potentially...
Housing Opportunity Through Modernization Act (H.R. 3700)
The Housing Opportunity Through Modernization Act (HOTMA; H.R. 3700), signed into law on July 29, 2016 (P.L. 114-201), makes amendments to various Department of Housing and Urban Development (HUD) programs, including the Section 8 Housing Choice Voucher program (including the Family Unification Program (FUP), the public housing program, the Section 8 project-based rental assistance program, Federal Housing Administration (FHA) mortgage insurance for condominiums, and homeless assistance including the Continuum of Care and Emergency Solutions Grants (ESG) programs and Housing Opportunities...
TPP: American Agriculture and the Trans-Pacific Partnership (TPP) Agreement
The Trans-Pacific Partnership (TPP) is a regional free trade agreement (FTA), which the United States concluded with 11 other Pacific-facing nations in October 2015: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Approval by Congress (through implementing legislation) is required before TPP can enter into force. If the 12 TPP countries ratify the deal, TPP would materially increase the overseas markets to which U.S. agricultural products would have preferential access. Exports account for around one-fifth of U.S. farm production,...
The Mara Salvatrucha (MS-13) and its main rival, the “18th Street” gang, continue to undermine citizen security and subvert government authority in parts of Central America. Gang-related violence has been particularly acute in El Salvador, Honduras, and urban areas in Guatemala, contributing to some of the highest homicide rates in the world. Congress has maintained an interest in the effects of gang-related crime and violence on governance, citizen security, and investment in Central America. Congress has examined the role that gang-related violence has played in fueling mixed migration...
EPA’s Clean Energy Incentive Program: Background and Legal Developments
In 2015, the U.S. Environmental Protection Agency (EPA) established the Clean Energy Incentive Program (CEIP) as a voluntary complement to its regulatory program known as the Clean Power Plan (CPP). The goal of the CPP is to reduce carbon dioxide (CO2) emissions from existing fossil-fuel-fired electric power plants, which produced 30% of all U.S. greenhouse gas emissions in 2014. The CEIP would support that objective by promoting CO2 emission reductions before the CPP is scheduled to take effect in 2022.
The CEIP is a voluntary program that would encourage states to develop energy...
The Nuclear Waste Policy Act of 1982 (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation’s most highly radioactive nuclear waste. The NWPA requires DOE to remove spent nuclear fuel from commercial nuclear power plants, in exchange for a fee, and transport it to a permanent geologic repository or an interim storage facility before permanent disposal. Defense-related high-level waste is to go into the same repository. In an effort to mitigate the political difficulties of imposing a federal nuclear waste facility on a...
Supreme Court: Length of the Scalia Vacancy in Historical Context
This CRS Insight provides data and analysis related to the potential length of the current vacancy on the Supreme Court caused by the death of Antonin Scalia on February 13, 2016. Specifically, this Insight provides the number of days the Scalia vacancy will have existed on specified future dates if a nominee has not been confirmed. To provide historical context, it then identifies for three periods of time (1791-2010; 1900-2010; and 1945-2010), how many other Supreme Court vacancies would be of longer duration than the Scalia vacancy if it were to remain unfilled on each specified future...
Toll roads have a long history in the United States going back to the early days of the republic. During the 18th century, most were local roads or bridges that could not be built or improved with local appropriations alone. During the tolling boom of the late 1940s and early 1950s, the prospect of toll revenues allowed states to build thousands of miles of limited-access highways much sooner than would have been the case with traditional funding. The imposition of tolls on existing federal-aid highways is restricted under federal law, and while new toll facilities have opened in several...
Federal Support for Reproductive Health Services: Frequently Asked Questions
This report provides answers to frequently asked questions concerning the provision, funding, and coverage of reproductive health services. The report is organized by the federal program that pays for or directly provides these services. It concludes with questions about coverage requirements for reproductive health services under the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended), and discussions of various federal programs that provide grants to non-governmental entities to provide reproductive health services.
Search terms: family planning, abortion,...
Gabon’s August 27 Presidential Election
The 2016 Presidential Election
President Ali Bongo is campaigning for a second seven-year term in a vote scheduled for August 27. A serious challenge from opposition candidate Jean Ping, a respected diplomat who previously served as president of the African Union Commission, may make the election unusually competitive for a country that has known only two presidents since 1967 (Bongo and his father, Omar Bongo, who died in 2009). Several factors nevertheless favor the incumbent—notably, a single-round electoral system that does not require a majority of votes to win, which enabled Bongo to...
Coalition Contributions to Countering the Islamic State
On September 10, 2014, President Obama announced the formation of a global coalition to “degrade and ultimately defeat” the Islamic State. Subsequently, 66 nations and partner organizations have agreed to participate, contributing either military forces or resources (or both) to the campaign. The military component of the counter-IS campaign is Operation Inherent Resolve, which has three primary elements: targeted special operations out of northern Iraq and northern Syria, airstrikes, and training and equipping of local forces. All of these activities are designed to empower Iraqis and...
In Carcieri v. Salazar, 555 U.S. 379 (2009), the U.S. Supreme Court ruled that a 1934 statute provides no authority for the Secretary of the Interior (SOI) to take land into trust for the Narragansett Indian Tribe (Tribe) because the statute applies only to tribes under federal jurisdiction when that law was enacted. The reach of the decision may be broad because it relies on the major statute under which the SOI acquires land in trust for the benefit of Indians. It affects the SOI’s authority to take land into trust for any recently recognized tribe unless the trust acquisition has been...
DOD Security Cooperation: An Overview of Authorities and Issues
Over the past decade, Congress has authorized the Department of Defense (DOD) to conduct a wide range of security cooperation programs. As the scope, pace, and cost of activities to train, equip, and otherwise support foreign security forces have increased, however, some policymakers believe that the DOD’s growing authority may undermine the State Department’s lead role in foreign assistance. To others, DOD’s expanded role is a necessary response to the perceived inadequacies of the existing legal regime through which Congress has authorized the State Department and DOD to provide security...
Indian Gaming Regulatory Act (IGRA): Gaming on Newly Acquired Lands
The Indian Gaming Regulatory Act (IGRA) (P.L. 100-497) generally prohibits gaming on lands acquired for Indians in trust by the Secretary of the Interior (SOI or Secretary) after October 17, 1988. The exceptions, however, raise the possibility of Indian gaming proposals for locations presently unconnected with an Indian tribe. Among the exceptions are land (1) acquired after the SOI determines acquisition to be in the best interest of the tribe and not detrimental to the local community and the governor of the state concurs; (2) acquired for tribes that had no reservation on the date of...
History of House and Senate Restaurants: Context for Current Operations and Issues
The restaurants, cafeterias, and carry-out facilities operated by the House of Representatives and the Senate serve Members of Congress, congressional employees, constituents, and other visitors to the Capitol or congressional office buildings on a daily basis. Although their services may seem similar, food operations are separately administered and managed for the House, for the Senate, and for the Capitol Visitor Center (CVC). The House and Senate restaurant systems have operated continually since they were first created in the early 1800s, reflecting the necessary role they fulfill as...
March-In Rights Under the Bayh-Dole Act
Congress approved the Bayh-Dole Act, P.L. 96-517, in order to address concerns about the commercialization of technology developed with public funds. This 1980 legislation awards title to inventions made with federal government support if the contractor consists of a small business, a university, or other nonprofit institution. A subsequent presidential memorandum extended this policy to all federal government contractors. As a result, the contractor may obtain a patent on its invention, providing it an exclusive right in the invention during the patent’s term. The Bayh-Dole Act endeavors...
United States-China relations, since 1969, when the process of normalization began under President Richard M. Nixon, have advanced to a point that relatively few restrictions affecting trade remain. This report summarizes the United States’ economic sanctions on China. The United States, in its relationship with China, limits U.S. foreign assistance and State Department programs; limits U.S. support for China’s requests for funding in the international banks; prohibits the exportation of defense articles and defense services to China; prohibits the importation of munitions and ammunition...
Fact Sheet: Selected Highlights of the FY2017 Military Construction Appropriations Bills
This fact sheet summarizes selected highlights of the military construction and military family housing portions of the FY2017 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The act is associated with three separate bill numbers: H.R. 4974, S. 2806, and H.R. 2577.
Congressional action on FY2017 military construction appropriations legislation has been heavily influenced by the statutorily mandated discretionary spending caps established by P.L. 114-74, the Bipartisan Budget Act of 2015 (BBA). A significant issue before Congress is the extent to which...
Zika Virus in the Western Hemisphere: CRS Products
In late 2015, health officials in Brazil saw a spike in the number of infants born with microcephaly, a birth defect that may be associated with significant, permanent brain damage. The increase in microcephaly was later linked to prenatal infection with the Zika virus (ZIKV), which appears to have emerged in Brazil early in 2015. ZIKV has spread from South America into Central America and the Caribbean. Puerto Rico has been hard hit, with more than 6,500 locally transmitted (i.e., mosquito-borne) infections reported to date. In late July 2016, local transmission of ZIKV was reported for...
Taxation of U.S. Olympic Medal Winners
As U.S. athletes are finishing up competing in the 2016 Summer Olympics, Congress is considering tax relief for medal-winning Olympians. Specifically, proposed legislation (discussed below) would exclude from taxable income awards made by the U.S. Olympic Committee (USOC) to Olympic medalists. Currently, the USOC awards U.S. Olympic medalists a “victory” bonus of $25,000 for gold, $15,000 for silver, and $10,000 for bronze (each member of a medal-winning team receives a full bonus). In addition, awards may also be made by an athlete’s respective sporting federation (e.g., USA Swimming for...
The Zika Outbreak Is Declared a Public Health Emergency in Puerto Rico
On August 12, 2016, Sylvia Matthews Burwell, the Secretary of Health and Human Services (HHS), declared a public health emergency for Puerto Rico “[a]s a consequence of the outbreak of Zika virus and its potential effect on pregnant women and children born to pregnant women with Zika.”
Background
The Zika virus (ZIKV), first recognized in Uganda in 1947, emerged in South America early in 2015. Although most cases of infection are mild, prenatal infection can cause severe birth defects, including microcephaly. ZIKV is transmitted among humans by the bite of an infected mosquito, by sexual...
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
The 1978 deregulation of the airline industry in the United States eliminated federal control over many airline business practices, including pricing and domestic route selection. However, the federal government continues to legislate and enforce certain consumer protections for airline passengers. Congress largely determines the degree to which the rights of airline passengers are codified in law or developed through regulatory rulemaking.
The House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation are the primary...
Natural Gas Discoveries in the Eastern Mediterranean
Since 2009, a series of large natural gas discoveries in the Levant Basin have altered the dynamics of the Eastern Mediterranean region. Israel’s discovery of the Tamar Field and subsequent discovery of the larger Leviathan Field created the potential for the country to become a regional player in the natural gas market. Since the initial Israeli discoveries, Cyprus and Egypt have also found new gas deposits in the Mediterranean. The Aphrodite Field was discovered by U.S. firm Noble Energy in Cypriot waters in late 2011 and the massive Zohr Field was found in Egyptian waters by Italian...
Coordinated Party Expenditures in Federal Elections: An Overview
A provision of federal campaign finance law, codified at 52 U.S.C. §30116(d) (formerly 2 U.S.C. §441a(d)), allows political party committees to make expenditures on behalf of their general election candidates for federal office and specifies limits on such spending. These “coordinated party expenditures” are important not only because they provide financial support to campaigns, but also because parties and campaigns may explicitly discuss how the money is spent. Although they have long been the major source of direct party financial support for campaigns, coordinated expenditures have...
Sage-Grouse Conservation: Background and Issues
The greater sage-grouse (Centrocercus urophasianus) is a squat, feathered, chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list sage-grouse for protection under the Endangered Species Act (ESA; P.L. 93-205).
On October 2, 2015, the Fish and Wildlife Service (FWS, Department of the Interior) published its decision not to list the greater sage-grouse as threatened or endangered under ESA. Under the act, one of the factors that can lead to a listing is the inadequacy of existing regulatory...
Discount Rates in the Economic Evaluation of U.S. Army Corps of Engineers Projects
Since 1936, Congress has relied on benefit and cost information to justify investments of federal involvement in water resource projects of the U.S. Army Corps of Engineers (Corps). Today, Congress faces more demand for Corps projects than the agency can deliver at recent funding levels. Congress also faces stakeholder concerns about how water resources issues are addressed; this brings attention to how the Corps develops and evaluates the alternatives considered for congressional construction authorization. Corps benefit-cost analyses (BCAs) and their underlying assumptions are central to...
Cybersecurity Issues and Challenges: In Brief
The information and communications technology (ICT) industry has evolved greatly over the last half century. The technology is ubiquitous and increasingly integral to almost every facet of modern society. ICT devices and components are generally interdependent, and disruption of one may affect many others. Over the past several years, experts and policymakers have expressed increasing concerns about protecting ICT systems from cyberattacks, which many experts expect to increase in frequency and severity over the next several years.
The act of protecting ICT systems and their contents has...
Revisiting U.S.-Mexico Sugar Agreements
Numerous reports in the business trade press in recent months have quoted U.S. government officials, lawmakers, and sugar industry leaders commenting on negotiations the U.S. Department of Commerce (DOC) is conducting with the government of Mexico to consider changes to two sugar suspension agreements the United States and Mexico entered into in December 2014. The suspension agreements, which are currently in force, establish limits on exports of Mexican sugar to the United States, including quantitative limits and minimum prices. Previously, Mexican sugar had been the only unmanaged...
Implementing Bills for Trade Agreements: Statutory Procedures under Trade Promotion Authority
The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (BCTPAA, title II of P.L. 114-26) renewed the “trade promotion authority” (TPA) under which implementing bills for trade agreements that address non-tariff barriers to trade (and certain levels of tariff reduction) are eligible for expedited (or “fast track”) consideration by Congress under the “trade authorities procedures” established by the Trade Act of 1974 (P.L. 93-618). These expedited procedures provide for automatic introduction of the implementing bill submitted by the President, attempt to ensure that...
Modern consumer electronic devices and products often contain software programs that facilitate their operations or provide automation, Wi-Fi and smartphone connectivity, remote control, and other sophisticated functions. Equipment manufacturers have integrated software in televisions, refrigerators, thermostats, coffee makers, garage door openers, automobiles, vacuums, printers, and medical devices. When consumers buy these “software-enabled” products from retailers, they acquire ownership of the physical hardware, but may only receive a limited license (a form of legal permission) to use...
The National Transportation Safety Board (NTSB) is a small, independent federal agency with responsibility for investigating transportation accidents; conducting transportation safety studies; issuing safety recommendations; aiding victims’ families after aviation and passenger rail disasters; and promoting transportation safety.
The NTSB makes safety recommendations to federal and state agencies, transportation providers, and manufacturers, which may or may not choose to implement them. In recent years, NTSB recommendations have helped build support for laws enacted to mandate positive...
Shale Gas, Tight Oil, and Hydraulic Fracturing: CRS Experts
The following tables provide names and contact information for CRS experts on policy areas relating to the use of hydraulic fracturing for oil and gas development. The first table covers topics generally related to unconventional oil and gas resources, including Resource Assessment and Development, Technical Issues, and Markets and Utilization. The second table addresses topics related to environmental regulation and management of hydraulic fracturing activities. Broad topics include the following: Air Quality, Chemical Disclosure, Regulation of Hydraulic Fracturing on Federal Lands, Water...
Temporary Professional, Managerial, and Skilled Foreign Workers: Policy and Trends
Temporary visas for professional, managerial, and skilled foreign workers have become an important gateway for high-skilled immigration to the United States. Over the past two decades, the number of visas issued for temporary employment-based admission has more than doubled from just over 400,000 in FY1994 to over 1 million in FY2015. While these visa numbers include some unskilled and low-skilled workers as well as accompanying family members, the visas for managerial, skilled, and professional workers dominate the trends.
Since 1952, the Immigration and Nationality Act (INA) has...
The 2016 Olympic Games: Health, Security, Environmental, and Doping Issues
The 2016 Olympic Games will be held in Rio de Janeiro, Brazil, August 5-21, 2016, and will be followed by the Paralympic Games, September 7-18, 2016. Notably, these are the first games to be hosted by a South American city. Reportedly, 10,500 athletes from 206 countries will participate in the Olympics, including 555 athletes from the United States. Most Olympic events will take place in and around Rio de Janeiro. In addition to Rio de Janeiro, soccer matches will be held in the cities of Belo Horizonte, Brasília, Manaus, São Paulo, and Salvador.
Host countries and cities often have to...
Endangered Species Act Litigation Regarding Columbia Basin Salmon and Steelhead
The decline of salmon and steelhead populations in the Columbia Basin began in the second half of the 19th Century. Activities such as logging, farming, mining, irrigation, and commercial fishing all contributed to the decline, and populations further declined since the construction and operation of the Federal Columbia River Power System (FCRPS) in the mid-1900s. In 1991, the Snake River sockeye became the first Pacific salmon stock identified as endangered under the Endangered Species Act (ESA). There are now 13 salmon and steelhead stocks that are listed as either threatened or...
Automakers Seek to Align Fuel Economy and Greenhouse Gas Regulations
Automakers are seeking regulatory—and perhaps legislative—changes this year to revise federal fuel economy and environmental standards and reduce potentially large penalties. The technical proposals would be the first major structural change in these standards since 2012, and they come at a time when federal agencies are undertaking a regulatory review that may result in far greater changes.
For more than 40 years, the federal government has regulated passenger motor vehicles for their fuel economy. Administered by the National Highway Traffic Safety Administration (NHTSA), the Corporate...
Role of the National Weather Service and Selected Legislation in the 114th Congress
The mission of the National Weather Service (NWS) is to provide weather forecasts and warnings for the protection of life and property. Apart from the budget for procuring weather satellites, NWS received the most funding (about $1.1 billion) of any office or program within the FY2016 budget for the National Oceanic and Atmospheric Administration (NOAA). The largest fraction of the NWS budget has been devoted to local forecasts and warnings, suggesting that short-term weather prediction and warning is a high priority for NWS and for NOAA, in accord with NOAA’s statutory authority....
Al Qaeda’s Syria Affiliate Declares Independence
On July 28, 2016, Al Qaeda’s affiliate in Syria, Jabhat al Nusra (aka the Nusra Front), announced that it was reconstituting itself as an independent group. Nusra Front leader Abu Muhammad al Jawlani stated that his group would hereafter be known as Jabhat Fatah al Sham (“Levant Conquest Front”), and would have “no affiliation to any external entity.” U.S. officials have downplayed the announcement as a rebranding effort, noting the continuing role and presence of Al Qaeda operatives within the Front.
Challenges facing the Nusra Front may have driven the timing. Reports that the United...
Trafficking in Persons and U.S. Foreign Policy Responses in the 114th Congress
Trafficking in persons, or human trafficking, refers to the subjection of men, women, and children to exploitative conditions that may be tantamount to slavery. Reports suggest that human trafficking is a global phenomenon, victimizing millions of people each year and contributing to a multi-billion dollar criminal industry. Common forms of human trafficking include trafficking for commercial sexual exploitation, forced labor, and debt bondage. Other forms of human trafficking include trafficking for domestic servitude and the use of children in armed conflict (e.g., child soldiers).
Human...
How Much Slack Remains in the Labor Market?
The amount of “slack” in the labor market—jobless or underemployed workers—has consequences for the appropriate stance of monetary policy, the future path of the budget deficit, and counter-cyclical spending on programs such as unemployment insurance. Economists use several indicators to assess the state of the labor market. The official unemployment rate—specifically the Bureau of Labor Statistics (BLS) U-3 rate—is a familiar and commonly reported statistic that currently indicates there is little slack in the labor market. The unemployment rate has been 5% or lower since October 2015,...
Iran Financial Sanctions Issues
Overview
In January 2016, the multilateral nuclear agreement with Iran (“Joint Comprehensive Plan of Action,” or JCPOA) entered its implementation phase, which included the lifting of U.S. sanctions on foreign banks’ transactions with Iranian banks. The agreement did not require the lifting of a longstanding ban on U.S. financial transactions with Iranian banks or a ban on Iran’s access to the U.S. financial system. Thus far, major international banks have been hesitant to reenter the Iranian market despite sanctions removal because of:
reported concerns that the United States might...
Overview
As the United States and Israel continue to discuss the terms of a Memorandum of Understanding (MOU) on U.S. assistance for the period FY2019-FY2028, Members of Congress are considering legislation that could impact the contours of such an agreement. Lawmakers in both chambers are working on foreign operations and defense appropriations bills that contain proposed increases for various types of aid to Israel. The Administration has objected to some proposed increases, perhaps out of concern that congressional action during MOU discussions might affect the U.S. negotiating...
Fatal Balloon Accident Highlights Disagreement Between Safety Agencies
On July 30, 2016, a hot-air balloon tour flight crashed about 30 miles south of Austin, TX, killing the pilot and all 15 passengers on board. It was the deadliest balloon crash in U.S. history, and exposed a disagreement among U.S. safety agencies: the National Transportation Safety Board (NTSB) has urged tougher federal regulation of balloon flights, but the Federal Aviation Administration (FAA) has rejected the NTSB’s recommendation.
How Safe Are Balloons?
While balloon crashes are uncommon, accidents involving balloon tours can involve large numbers of passengers: a 2013 crash in Egypt...
Human Trafficking and Forced Labor: Trends in Import Restrictions
Introduction
More than 85 years ago, Congress passed a provision against forced labor in the Tariff Act of 1930 (19 U.S.C. 1307), which prohibited from import into the United States “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions” (Section 307 of the act).
Mirroring the International Labour Organization’s (ILO’s) Forced Labour Convention of 1930 (though the United States is not party to this treaty), the Tariff Act defines forced labor...
Federal Assistance for Victims of Terrorism or Mass Violence: In Brief
Following incidents of terrorism or mass violence in the United States, jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs. While circumstances in some incidents may result in a jurisdiction’s eligibility for assistance from other federal departments, such as Department of Education grants awarded to Newtown Public School District in recovery efforts from the Newtown, CT, elementary school shooting,...
2016 Rio Games: Anti-Doping Testing
Responsibility for the anti-doping testing program during the 2016 Summer Olympics rests with the International Olympic Committee (IOC). The testing period began July 24, 2016, when the Olympic village opened, and continues through August 21, 2016, the date of the closing ceremony. The IOC-issued anti-doping rules apply to the following personnel and entities during the 2016 Games:
“[a]thletes entered in the Rio 2016 Olympic Games or who have otherwise been made subject to the authority of the IOC in connection with the Rio 2016 Olympic Games....”;
“[a]thlete support personnel and persons...
Commodity Futures Trading Commission: Proposed Reauthorization in the 114th Congress
The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most options, and swaps markets. The CFTC administers the Commodity Exchange Act (CEA; P.L. 74-765, 7 U.S.C. §1 et seq) enacted in 1936 to monitor trading in certain derivatives markets. The CEA contains a sunset provision, meaning Congress periodically reauthorizes appropriations to carry out the CEA. If an explicit authorization of appropriations for a program or activity is present—as in the CEA—and it expires, the underlying authority in the statute to administer such a program does not, however. Thus,...
Wildfire Management Appropriations: Data, Trends, and Issues
The Forest Service (FS, in the U.S. Department of Agriculture) and the Department of the Interior (DOI) are the two primary federal entities tasked with wildland fire management activities. Federal wildland fire management includes activities such as preparedness, suppression, fuel reduction, and site rehabilitation, among others. Approximately 10.1 million acres burned during the 2015 wildfire season, which was more than the acreage burned in 2014 (3.6 million acres) and 2013 (4.3 million acres) combined and represents the largest acreage burned since modern record-keeping began in 1960....
The President’s Budget: Overview and Timing of the Mid-Session Review
The Budget and Accounting Act of 1921 established for the first time the requirement that the President annually submit a budget proposal to Congress. Under current law (31 U.S.C. §1105(a)), the President is required to submit the budget proposal to Congress on or after the first Monday in January, but no later than the first Monday in February. For further information, see CRS Report R43163, The President’s Budget: Overview of Structure and Timing of Submission to Congress, by Michelle D. Christensen.
For nearly half a century after the 1921 act took effect, Presidents submitted their...
China’s Recent Stock Market Volatility: What Are the Implications?
China’s two main stock markets, the Shanghai Stock Exchange (SSE) and the Shenzhen Stock Exchange (SZSE), experienced rapid price increases from about mid-2014 to mid-2015. However, from June 12 to July 7, 2015, the Shanghai and Shenzhen Composite Indices fell by 32% and 40%, respectively. The Chinese government intervened to halt the slide via stock purchases and other measures. Stock prices later stabilized, but experienced periods of decline, especially in August 2015 and early 2016. The volatility of China’s stock exchanges and the government’s interventionist regulatory policies have...
U.S. Nuclear Weapons in Turkey
According to unofficial reports, the United States stores approximately 50 B61 nuclear bombs at Incirlik Air Force Base in southern Turkey. After the failed coup in Turkey in mid-July 2016, the government arrested several high-ranking officers from the base and cut power for nearly a week. In late July, Turkish citizens protested outside the base, calling for its closure, though Turkish officials have assured U.S. officials that the United States will retain access to Incirlik and other bases in Turkey. These events have sparked debate about the weapons’ security and plans to continue...
Trade Adjustment Assistance for Farmers
The Trade Adjustment Assistance for Farmers (TAAF) program provides technical assistance and cash benefits to producers of farm commodities and fishermen who experience adverse economic effects from increased imports. Congress first authorized this program in 2002, and made significant changes to it in the 2009 economic stimulus package (P.L. 111-5). The 2009 revisions were aimed at making it easier for farmers and fishermen to qualify for program benefits, and provided over $200 million in funding through December 2010. Subsequently, P.L. 112-40 (enacted in October 2011) authorized $202.5...
Orlando Shooting Revives Debate over Restricting Blood Donations by Gay Men
Within hours of the shooting at Pulse, a gay nightclub in Orlando, hundreds of people responded to the call for blood donations to help the injured. Gay men were among those who lined up outside local donation centers. They were motivated by rumors that the regional blood bank OneBlood, which serves the Orlando area, had lifted the decades-old ban on donations from sexually active gay men.
The rumors turned out to be untrue, and most of the gay men who showed up were turned away. OneBlood released a statement on social media that the ban had not been suspended.
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Since the 1980s, the Food...
Pakistan’s nuclear arsenal probably consists of approximately 110-130 nuclear warheads, although it could have more. Islamabad is producing fissile material, adding to related production facilities, and deploying additional nuclear weapons and new types of delivery vehicles. Pakistan’s nuclear arsenal is widely regarded as designed to dissuade India from taking military action against Pakistan, but Islamabad’s expansion of its nuclear arsenal, development of new types of nuclear weapons, and adoption of a doctrine called “full spectrum deterrence” have led some observers to express concern...
State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present
States and localities can have significant interest in the manner and extent to which federal officials enforce provisions of the Immigration and Nationality Act (INA) regarding the exclusion and removal of unauthorized aliens. Depending upon the jurisdiction’s specific concerns, this interest can be expressed in various ways, from the adoption of “sanctuary” policies limiting the jurisdiction’s cooperation in federal enforcement efforts to the enactment of measures to deter unauthorized aliens from entering or remaining within the jurisdiction. In some cases, states or localities have...
Federal Benefits and Services for People with Low Income: Overview of Spending Trends, FY2008-FY2015
The Congressional Research Service (CRS) regularly receives requests about the number, size, and programmatic details of federal benefits and services targeted toward low-income populations. This report is the most recent in a series that attempts to identify and discuss such programs, focusing on aggregate spending trends. The report looks at federal low-income spending from FY2008 (at the onset of the 2007-2009 recession) through FY2015 (after implementation of the Patient Protection and Affordable Care Act, or ACA).
Programs discussed here provide health care, cash aid, food...
The Department of Defense Acquisition Workforce: Background, Analysis, and Questions for Congress
Congress and the executive branch have long been frustrated with waste, mismanagement, and fraud in defense acquisitions and have spent significant resources seeking to reform and improve the process. Efforts to address wasteful spending, cost overruns, schedule slips, and performance shortfalls have continued unabated, with more than 150 major studies on acquisition reform since the end of World War II. Many of the most influential of these reports have articulated improving the acquisition workforce as the key to acquisition reform. In recent years, Congress and the Department of Defense...
Economic Development Administration: FY2016 Appropriations
The Economic Development Administration was created pursuant to the enactment of the Public Works and Economic Development Act of 1965, with the objective of fostering growth in economically distressed areas characterized by high levels of unemployment and low per-capita income levels. EDA, an agency within the Department of Commerce, is the primary federal agency charged with implementing and coordinating federal economic development policy.
For FY2016, the Obama Administration requested significant increases in funding for EDA activities and salaries and expenses. Under the...
Numerical Limits on Permanent Employment-Based Immigration: Analysis of the Per-country Ceilings
The Immigration and Nationality Act (INA) specifies a complex set of numerical limits and preference categories for admitting lawful permanent residents (LPRs) that include economic priorities among the criteria for admission. Employment-based immigrants are admitted into the United States through one of the five available employment-based preference categories. Each preference category has its own eligibility criteria and numerical limits, and at times different application processes. The INA allocates 140,000 visas annually for employment-based LPRs, which amount to roughly 14% of the...
Security Cooperation and the FY2017 National Defense Authorization Act (NDAA)
Introduction
Provisions in the FY2017 National Defense Authorization Act (NDAA) have elevated ongoing debates over U.S. security sector assistance to foreign countries—and raised questions over whether the policy architecture is suited to meet current and emerging requirements. The State Department has historically served as the lead agency for overarching policy in this area, with primary security assistance authorities outlined in Title 22 (Foreign Relations) of the U.S. Code. Over time, Congress has granted the Department of Defense (DOD) new mechanisms under Title 10 (Armed Services)...
New Bureau Consolidates Transportation Finance Programs
Many proposals to create a national infrastructure bank have failed to win approval in recent sessions of Congress. A national infrastructure bank is often conceived as an independent federal agency with financing and project expertise that would provide low-cost long-term loans to infrastructure projects on flexible terms. A reorganization at the U.S. Department of Transportation (DOT), announced on July 20, appears to achieve some of the objectives of national infrastructure bank proponents, at least with respect to transportation projects.
The reorganization, mandated in the Fixing...
Overview of the Prudential Regulatory Framework for U.S. Banks: Basel III and the Dodd-Frank Act
The Basel III international regulatory framework, which was produced in 2010 by the Basel Committee on Banking Supervision (BCBS) at the Bank for International Settlements, is the latest in a series of evolving agreements among central banks and bank supervisory authorities to promote standardized bank prudential regulation (e.g., capital and liquidity requirements, transparency, risk management) to improve resiliency during episodes of financial distress. Because prudential regulators are concerned that banks might domicile in countries with the most relaxed safety and soundness...
Terrorist Databases and the No Fly List: Procedural Due Process and Other Legal Issues
In order to protect national security, the government maintains various terrorist watchlists, including the “No Fly” list, which contains the names of individuals to be denied boarding on commercial airline flights. Travelers on the No Fly list are not permitted to board an American airline or any flight on a foreign air carrier that lands or departs from U.S. territory or flies over U.S. airspace. Some individuals have claimed that their alleged placement on the list was the result of an erroneous determination by the government that they posed a national security threat. In some cases,...
The President’s Pardon Power and Legal Effects on Collateral Consequences
Article II of the U.S. Constitution vests the President with the power “to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” The President’s pardon power, which derives from English custom, is an extraordinary remedy that is sought by many but received by few. The President may use his clemency authority only for criminal penalties, not civil. Moreover, he may use his clemency authority to pardon federal offenses but not state offenses.
Typically, individuals receive either a pardon or a commutation of sentence, each of which is a type of...
“Greening” EPA’s Water Infrastructure Programs through the Green Project Reserve
The largest sources of federal financial assistance for wastewater and drinking water infrastructure projects are the State Revolving Fund (SRF) programs of the Clean Water Act (CWA; 33 U.S.C. 1251 et seq.) and Safe Drinking Water Act (SDWA; 42 U.S.C. 300f-300j-26). Traditionally, these programs have focused on so-called “gray” infrastructure solutions to water quality problems, that is, engineered solutions that often involve concrete and steel. Increasingly, however, the SRF programs have also embraced approaches utilizing green or soft-path practices to complement and augment hard or...
Energy Legislation: Comparison of Selected Provisions in S. 2012 as Passed by the House and Senate
Congress most recently enacted major energy legislation in the Energy Independence and Security Act of 2007 (P.L. 110-140). The 114th Congress is currently considering new legislation to address broad energy issues. On April 20, 2016, the Senate passed an amended version of S. 2012, the Energy Policy and Modernization Act. On December 3, 2015, the House passed an amended version of H.R. 8, the North American Energy Security and Infrastructure Act of 2015. On May 25, 2016, the House passed an amended version of S. 2012 which contains the text of H.R. 8, as well as the text of several other...
Natural Gas: A Key Part of the Global Energy Mix
The role of natural gas in the U.S. economy has been a major part of the energy policy debate in the 114th Congress. This report briefly explains key aspects of global natural gas markets, including supply and demand, and major U.S. developments.
Natural gas is considered by some as a potential bridge fuel to a lower-carbon economy, because it is cleaner burning than its hydrocarbon alternatives coal and oil. Natural gas combustion emits about one-half less carbon dioxide than coal and one-quarter less than oil when consumed in a typical electric power plant, although fugitive gas...
An Apparent First in U.S. Law Enforcement Use of Unmanned Ground Vehicles
On the night of July 7, 2016, Micah Johnson opened fire on law enforcement officers who were observing a protest against police-involved shootings in Dallas, TX. Johnson killed five officers and wounded seven. Johnson was later killed by an explosive device deployed by a bomb disposal robot (also known as an “unmanned ground vehicle,” or “UGV”). While the tactic is being hailed by some as an innovative way to tackle a dangerous threat and a way to save officers’ lives, the Dallas Police Department (DPD) use of a robot to kill an active shooter has raised questions about what this might...
Abortion and Whole Woman’s Health v. Hellerstedt
In Whole Woman’s Health v. Hellerstedt, the U.S. Supreme Court (Court) invalidated two Texas requirements that applied to abortion providers and physicians who perform abortions. Under a Texas law enacted in 2013, a physician who performs or induces an abortion was required to have admitting privileges at a hospital within 30 miles from the location where the abortion was performed or induced. In general, admitting privileges allow a physician to transfer a patient to a hospital if complications arise in the course of providing treatment. The Texas law also required an abortion facility to...
The Obama Administration’s Feed the Future Initiative
The Obama Administration’s Feed the Future (FTF) Initiative is a U.S. international development program launched in 2010 that invests in food security and agricultural development activities in a select group of developing countries in an effort to reduce hunger, malnutrition, poverty, and food insecurity. The bulk of FTF funding supports 19 “focus countries” selected based on country ownership potential, needs, and opportunities to achieve success. FTF supports additional countries under aligned and regional programs and through assistance to three “strategic partners”—Brazil, India, and...
What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?
The U.S. Wine Industry and Selected Trade Issues with the European Union
Global wine production totaled roughly 28 billion liters in 2014. The European Union (EU) dominates world production, accounting for nearly 60% of all wine produced each year. France, Italy, and Spain are among the principal EU wine-producing countries. The United States is the world’s second-largest wine-producing region, accounting for about 10% of global production. The value of world trade in wine totaled more than $21 billion in 2013. The EU accounted for nearly 60% of the world’s export market for wine, valued at $12 billion in 2013. Other exporting nations include Australia, Chile,...
Health Care Fraud and Abuse Laws Affecting Medicare and Medicaid: An Overview
A number of federal statutes aim to combat fraud and abuse in federally funded health care programs such as Medicare and Medicaid. Using these statutes, the federal government has been able to recover billions of dollars lost due to fraudulent activities. This report provides an overview of some of the more commonly used federal statutes used to fight health care fraud and abuse.
Title XI of the Social Security Act contains Medicare and Medicaid program-related anti-fraud provisions, which impose civil penalties, criminal penalties, and exclusions from federal health care programs on...
Energy Legislation: Comparable Provisions in S. 2012 as Passed by the House and Senate
Congress most recently enacted major energy legislation in the Energy Independence and Security Act of 2007 (P.L. 110-140). The 114th Congress is currently considering new legislation to address broad energy issues. On April 20, 2016, the Senate passed an amended version of S. 2012, the Energy Policy and Modernization Act. On December 3, 2015, the House passed an amended version of H.R. 8, the North American Energy Security and Infrastructure Act of 2015. On May 25, 2016, the House passed an amended version of S. 2012 which contains the text of H.R. 8, as well as the text of several other...
Executive Discretion as to Immigration: Legal Overview
The scope of the executive’s discretion in implementing federal immigration law is a topic of perennial interest to Members and committees of Congress. Most recently, questions have been raised as to whether particular actions announced by the Obama Administration in November 2014 are within the executive’s authority. See generally CRS Legal Sidebar WSLG1442, The Obama Administration’s November 20, 2014, Actions as to Immigration: Pending Legal Challenges One Year Later, by Kate M. Manuel. However, similar questions were raised in the past about other executive actions including, but not...
Does Foreign Aid Work? Efforts to Evaluate U.S. Foreign Assistance
In most cases, the success or failure of U.S. foreign aid programs is not entirely clear, in part because historically, most aid programs have not been evaluated for the purpose of determining their actual impact. Many programs are not even evaluated on basic performance. The purpose and methodologies of foreign aid evaluation have varied over the decades, responding to political and fiscal circumstances. Aid evaluation practices and policies have variously focused on meeting program management needs, building institutional learning, accounting for resources, informing policymakers, and...
Burma’s Political Prisoners and U.S. Sanctions
The release of all Burma’s political prisoners is one of the fundamental goals of U.S. policy towards the nation. Several of the laws imposing sanctions on Burma—including the Burmese Freedom and Democracy Act of 2003 (BFDA, P.L. 108-61) and the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (JADE Act, P.L. 110-286)—require the release of all political prisoners before the sanctions contained in those laws can be terminated.
Although the outgoing President Thein Sein provided pardons or amnesty for more than 1,000 alleged political prisoners, security forces...
The Islamist Militant Threat in Bangladesh
Overview
The July 2, 2016, attack on a bakery in Dhaka’s Gulshan diplomatic district in which 20 hostages—including an American, 9 Italians, and 7 Japanese—were killed, marks a recent escalation in Islamist militant attacks in Bangladesh. Two police and six militants were also killed in the incident. This escalation is despite crackdowns by the Awami League Government of Sheik Hasina on both Islamist militants and the Islamist Jamaat-e-Islami political party. Foreigners, as well as secularists and minorities, are being targeted in these terrorist attacks as Islamist militants pressure...
U.S. Foreign Assistance as Colombia’s Peace Talks on Cusp of Completion
On July 18, 2016, the Colombian Constitutional Court approved a plebiscite to allow Colombian voters to decide the fate of the peace accord under negotiation between the government of President Juan Manuel Santos and the country’s largest insurgent group, the Revolutionary Armed Forces of Colombia (FARC). After nearly four years of negotiations, a peace accord with FARC is close to signature. The leftist FARC has fought the Colombian government for 52 years with financing derived from extortion, drug trafficking, and other illicit activities.
By early July 2016, the FARC and government...
Medicare Skilled Nursing Facility (SNF) Payments
A Medicare skilled nursing facility (SNF) is an institution, or distinct part of an institution (e.g., building, floor, wing), that provides post-acute skilled nursing care and/or skilled rehabilitation services, has in effect a written agreement to transfer patients between one or more hospitals and the SNF, and is certified by Medicare. In general, skilled nursing and rehabilitative care are services ordered by a physician that require the skills of professional personnel (e.g., registered nurse, physical therapist) and are provided under the supervision of such personnel. Over 95% of...
Hydraulic Fracturing: Selected Legal Issues
Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations, such as shales and other unconventional formations. Its use along with horizontal drilling has been responsible for an increase in estimated U.S. oil and natural gas reserves. Hydraulic fracturing and related oil and gas production activities have been controversial because of their potential effects on public health and the environment. Several environmental statutes have implications for the regulation of hydraulic fracturing by the federal government and states.
An...
U.S. Crude Oil Exports to International Destinations
On December 18, 2015, Congress passed H.R. 2029—the Consolidated Appropriations Act, 2016—which was enacted and became P.L. 114-113. A provision contained in P.L. 114-113 repealed a 40-year prohibition, with exceptions, on the export of crude oil produced in the United States. Removing this prohibition and its associated restrictions provides producers, shippers, and traders with options to market and sell crude oil to international markets when market conditions support such transactions. Prior to the removal of the export restrictions, exceptions resulted in approximately 500,000 barrels...
Overview of ESEA Title I-A and the School Meals’ Community Eligibility Provision
The primary source of federal funding for elementary and secondary schools is the Title I-A program. Under Title I-A, the allocation of funds to schools, eligibility to operate certain programs, and accountability requirements are based in part in identifying students from low-income families. Historically, this has been achieved by using National School Lunch Program (NSLP) eligibility data. However, a new school meals eligibility option—the Community Eligibility Provision (CEP)—has been implemented that changes the eligibility determinations for NSLP as well as the School Breakfast...
Singapore: Background and U.S. Relations
A former trading and military outpost of the British Empire, the tiny Republic of Singapore has transformed itself into a modern Asian nation and a major player in the global economy, though it still substantially restricts political freedoms in the name of maintaining social stability and economic growth. Singapore’s heavy dependence on international trade makes regional stability and the free flow of goods and services essential to its existence.
As a result, the island nation is a firm supporter of the U.S. security role in Asia, but it also maintains close relations with China. The...
Federal Inspectors General: History, Characteristics, and Recent Congressional Actions
Federal inspectors general (IGs) are authorized to combat waste, fraud, and abuse within their affiliated federal entities. To execute their missions, offices of inspector general (OIGs) conduct and publish audits and investigations—among other duties. Two major enactments—the Inspector General Act of 1978 and its amendments of 1988 (codified at 5 U.S.C. Appendix)—established federal IGs as permanent, nonpartisan, and independent offices in more than 70 federal agencies.
OIGs serve to assist Congress in overseeing executive branch—and a few legislative branch—agencies. They provide...
The Environmental Protection Agency’s Clean Energy Incentive Program
Introduction
The Environmental Protection Agency (EPA) created the Clean Energy Incentive Program (CEIP) as a voluntary complement to its regulatory program known as the Clean Power Plan (CPP). The CEIP is intended to promote early reductions of carbon dioxide (CO2) emissions, before the CPP is scheduled to take effect in 2022. The goal of the CPP is to reduce CO2 emissions from existing fossil-fuel-fired electric power plants, which produced 30% of all U.S. greenhouse gas emissions in 2014. Economic modeling indicates that the CPP would significantly reduce future CO2 emission levels from...
Sessions, Adjournments, and Recesses of Congress
The House and Senate use the terms session, adjournment, and recess in both informal and more formal ways, but the concepts apply in parallel ways to both the daily and the annual activities of Congress. A session begins when the chamber convenes and ends when it adjourns. A recess, by contrast, does not terminate a session, but only suspends it temporarily.
In context of the daily activities of Congress, any calendar day on which a chamber is in session may be called a (calendar) “day of session.” A legislative day, by contrast, continues until the chamber adjourns. A session that...
Turkey: Failed Coup and Implications for U.S. Policy
On July 15-16, 2016, elements within the Turkish military tried, but failed, to seize political power from President Recep Tayyip Erdogan and Prime Minister Binali Yildirim. The perpetrators detained the military’s top commanders, and declared (via Turkey’s government broadcaster) that they had taken power, but failed in their efforts to seize Erdogan or other key leaders. Government officials used various traditional and social media platforms and alerts from mosque loudspeakers to rally Turkey’s citizens in opposition to the plot.
Figure 1. President Erdogan on CNN Turk – July 16,...
Police Shootings and Federal Support for Law Enforcement Safety
Law Enforcement Officer Deaths
The recent shooting deaths of police officers in Dallas, TX, and Baton Rouge, LA, have served as a reminder of the danger law enforcement officers can face while serving the public. While these attacks have heightened attention on deaths suffered by police officers in the line of duty, data indicate that the number of law enforcement officers killed in the line of duty has generally decreased over the past three decades. However, the number of officers killed in ambush situations has remained fairly steady. Annually, on average, nine law enforcement officers...
The Department of the Interior’s Final Rule on Offshore Well Control
On April 29, 2016, the Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) released final regulations concerning blowout preventer systems and well control for oil and gas operations on the U.S. outer continental shelf (81 Fed. Reg. 25887). The regulations aim to reduce the risk of an offshore oil or gas blowout that could jeopardize human safety and harm the environment.
The regulations draw on findings about the causes of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. Building on previous regulatory reforms implemented after the 2010 spill,...
Terrorism and Violent Extremism in Africa
The pace of high-profile terrorist attacks in Sub-Saharan Africa has intensified in recent years, and the death toll now rivals that of other regions where violent Islamist extremist groups are active. This report provides context for these trends, including a summary of sub-regional dynamics, factors affecting radicalization, and U.S. responses. It focuses primarily on Sunni Islamist terrorism, given the ideological underpinnings of the African groups currently designated by the U.S. State Department as Foreign Terrorist Organizations. Select issues for Congress are also explored....
Economic Implications of a United Kingdom Exit from the European Union
This report provides an analysis of the possible economic implications for the United States and the global economy of an exit from the European Union (EU) by the United Kingdom (UK), commonly referred to as Brexit. It offers background information on possible implications of the vote to leave the EU, an overview of U.S.-UK trade and investment relations, and various estimates of Brexit’s financial implications for the U.S. and global economies. For Members of Congress, economic fallout from Brexit could increase the risks of a slower rate of economic growth and potentially complicate...
Supplemental Appropriations for Zika Response: The FY2016 Conference Agreement in Brief
This report presents funding proposals for response to the Zika outbreak, including proposals in Division B of the conference report, and, where applicable, associated proposed rescissions, including those in Division D of the conference report.
Agriculture and the Transatlantic Trade and Investment Partnership (T-TIP) Negotiations
The Transatlantic Trade and Investment Partnership (T-TIP) is a potential reciprocal free trade agreement being negotiated between the United States and the European Union (EU). Formal negotiations began in July 2013. Through the negotiations, both sides are seeking to liberalize transatlantic trade and investment, set globally relevant rules and disciplines that could boost economic growth, support multilateral trade liberalization through the World Trade Organization (WTO), and address third-country trade policy challenges. Agricultural issues have been an active topic of debate in the...
The Consolidated Appropriations Act of 2016 (P.L. 114-13) made several changes to the tax treatment of Real Estate Investment Trusts (REITs) and the Foreign Investment in Real Property Tax Act (FIRPTA, enacted in the Omnibus Reconciliation Act of 1980, P.L. 96-499) as it relates to REITs. REITs are corporations that issue shares of stock, are largely invested in real property, and do not generally pay corporate tax. REITs distribute and deduct most income as dividends to shareholders. U.S. individual shareholders pay tax at ordinary individual income tax rates on those dividends (rather...
Iran-North Korea-Syria Ballistic Missile and Nuclear Cooperation
Congress has at times expressed concern regarding ballistic missile and nuclear programs in Iran, North Korea, and Syria. This report focuses primarily on unclassified and declassified U.S. Intelligence Community (IC) assessments over the past two decades. These assessments indicate that
there is no evidence that Iran and North Korea have engaged in nuclear-related trade or cooperation with each other, although ballistic missile technology cooperation between the two is significant and meaningful, and
Syria has received ballistic missiles and related technology from North Korea and Iran...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 114th Congress
Real property disposal is the process by which federal agencies identify and then transfer, donate, or sell real property they no longer need. Disposition is an important asset management function because the costs of maintaining unneeded properties can be substantial, consuming financial resources that might be applied to long-standing real property needs, such as repairing existing facilities, or other pressing policy issues, such as reducing the national debt.
Despite the expense, federal agencies hold thousands of unneeded and underutilized properties. Agencies have argued that they...
The Brexit Vote: Political Fallout in the United Kingdom
Referendum Result Shakes Up British Politics
The result of the June 23 referendum on whether the United Kingdom (UK) should leave the European Union (EU) sent convulsions through the country’s political establishment. The regional dimensions of the voting have also fueled questions about the future of the UK’s political union. For additional information about the referendum result, see CRS Insight IN10513, United Kingdom Votes to Leave the European Union, by Derek E. Mix.
Theresa May Takes Over As Prime Minister
After 51.9% of referendum voters backed leaving the EU, Prime Minister David...
Consumer Operated and Oriented Plan (CO-OP) Program: Frequently Asked Questions
The Consumer Operated and Oriented Plan (CO-OP) program was included in the Patient Protection and Affordable Care Act (ACA; P.L. 111-148) in an effort to increase the competitiveness of state health insurance markets and improve choice. Under the program, the Centers for Medicare & Medicaid Services (CMS) uses appropriated funds to award low-interest loans to organizations applying to become CO-OPs—nonprofit, member-run health insurance issuers that sell health insurance in the state(s) in which they are licensed.
CMS awarded loans to 24 CO-OPs. One of the 24 CO-OPs was dropped from the...
Japan’s Upper House Elections: Ruling Coalition Strengthens Majority
Will Japan Amend Its Constitution?
In elections on July 10, 2016, for the Upper House of Japan’s Parliament, known as the Diet, the ruling coalition enlarged its majority from 135 to 146 seats out of 242. The conservative Liberal Democratic Party (LDP), led by Prime Minister Shinzo Abe, now holds two-thirds of the Lower House and a solid majority in the Upper House (see Figure 1) with its junior coalition partner Komeito. This fourth straight victory in parliamentary elections by Abe’s coalition reinforced his political power. Although the ruling coalition by itself fell short of the...
Economic Growth Slower Than Previous 10 Expansions
Legislators and individuals continue to express discontent with the recent pace of economic growth in the United States, particularly since the end of the recession in 2009. A recent poll found that nearly 60% of U.S. adults believe that the economy is performing poorly. Although this expansion is already the fourth longest since the 1850s (34 quarters to date), the slow pace of economic growth means the overall gains have been relatively small. As shown in Figure 1, the current economic recovery is the slowest recovery seen in the post-WWII period era. Real GDP has grown at an average...
Acquisition Reform in the House and Senate Versions of the FY2017 National Defense Authorization Act
For purposes of this analysis, CRS selected 31 sections of the House-passed version of FY2017 National Defense Authorization Act (H.R. 4909), and 68 sections of the Senate-passed version of FY2017 NDAA (S. 2943) that appear closely linked to the respective committee’s stated efforts to reform the acquisition system. Acquisition reform. Each section is identified as fitting into one (or more) of the following six overarching categories:
Gathering information for future action,
Streamlining the current process (focusing on schedule and minimizing bureaucratic effort),
Improving the...
Campaign Contributions and the Ethics of Elected Officials: Regulation Under Federal Law
Allegations of political corruption often involve questions regarding a public official or candidate’s use of campaign funds or the relationship between campaign contributors and the candidate or official. A common concern is that a particular individual, private organization, company, or other entity “bought”—through large campaign contributions widely distributed—particular official favors, official acts, or official forbearance from officers or employees of the federal government. These issues have been highlighted in several high-profile cases over recent years. In 2016, the Supreme...
Renewed Fighting in South Sudan: A Return to War?
The United States, which played a key role in South Sudan’s independence and is the country’s largest donor, declared itself a steadfast partner of the world’s newest country in 2011. Two years later, in December 2013, South Sudan collapsed into civil war. An August 2015 peace agreement led to the much-delayed formation of a Transitional Government of National Unity in April 2016. That event, while a major step forward, began a dangerous new phase of reconciliation in which opposition leader Riek Machar returned to the capital, Juba, to assume the post of First Vice President alongside his...
Overview
Prime Minister Malcolm Turnbull called an early double dissolution election on July 2, 2016, in an attempt to unblock legislation, obtain a direct mandate from the people and consolidate his position as prime minister. Instead, it appears Turnbull’s right-of-center Coalition will return to office with the narrowest of margins in the House and significant opposition in the Senate. Turnbull’s poor performance in the election may lead to internal and/or external challenges from critics in the year ahead. Australian voters appear to be continuing a trend away from the main political...
Amendments to the Higher Education Act in the 114th Congress: Current Legislation
On Wednesday, June 22, 2016, the House Committee on Education and the Workforce marked up and ordered reported five bills that would amend several of the programs and activities authorized under the Higher Education Act of 1965 (HEA).
H.R. 5528, the Simplifying the Application for Student Aid Act, would amend procedures for completing the Free Application for Federal Student Aid (FAFSA) to mandate the use of income and tax information from the second preceding (prior-prior) year for purposes of calculating a student’s expected family contribution (EFC), to require development of a tool...
U.S. LNG Exports from the Lower 48
LNG Exports Are Starting Up
Large-scale liquefied natural gas (LNG) exports from the lower 48 states began in February 2016 with a shipment from the Sabine Pass Liquefaction facility in Louisiana (see Table 1). For additional information on U.S. natural gas exports see CRS Report R42074, U.S. Natural Gas Exports: New Opportunities, Uncertain Outcomes, by Michael Ratner et al. The Sabine Pass facility is currently the only operating LNG export terminal in the lower 48 states, with an initial capacity of 2.2 billion cubic feet per day (bcf/d). Other LNG export projects in the United States...
Federal Power over Local Law Enforcement Reform: Legal Issues
Several protests around the country regarding police use of force and a perceived lack of accountability for law enforcement officers have sparked a discussion about local law enforcement and judicial practices. In response, several Members of Congress have formulated a number of proposals designed to promote accountability and deter discrimination at the state and local levels. However, because the enforcement of criminal law is primarily the responsibility of state and local governments, the imposition of federal restrictions on such entities raises important constitutional issues:...
FHFA’s Administrative Reform of Fannie Mae, Freddie Mac, and the Housing Finance System
Housing finance reform remains one of the major unresolved issues stemming from the financial crisis. Congress has held hearings and marked up bills related to reform, but so far only modest structural changes have been enacted. The Federal Housing Finance Agency (FHFA) has used its regulatory authority to enact certain policy changes.
FHFA is the regulator and conservator of Fannie Mae and Freddie Mac, two government-sponsored enterprises (GSEs) that play a significant role in the housing finance system. FHFA has leveraged the authority that it has over the GSEs and their market...
The Patient Protection and Affordable Care Act’s Essential Health Benefits (EHB)
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) requires all non-grandfathered health plans in the non-group and small-group private health insurance markets to offer a core package of health care services, known as the essential health benefits (EHB). The ACA does not specifically define this core package but rather lists 10 benefit categories from which benefits and services must be included. The 10 benefit categories are as follows: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance...
Legislative History Research: A Guide to Resources for Congressional Staff
This report provides an overview of federal legislative history research, the legislative process, and where to find congressional documents. The report also summarizes some of the reasons researchers are interested in legislative history, briefly describes the actions a piece of legislation might undergo during the legislative process, and provides a list of easily accessible print and electronic resources. This report will be updated as needed.
On July 12, 2016, an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) is expected to issue a ruling in a case between the Philippines and the People’s Republic of China (PRC or China). The Philippines, a U.S. ally, initiated the case in January 2013 under the convention’s compulsory dispute settlement provisions, seeking primarily to clarify the two countries’ potential maritime rights in the South China Sea. The Philippines and China are both parties to UNCLOS. The United States has a policy of operating consistent with the convention, but...
Child Support Enforcement: Tribal Programs
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program. Its mission is to enhance the well-being of children by helping custodial parents and children obtain financial support from the noncustodial parents. Although states were always required to provide CSE services to members of Indian tribes and tribal organizations who were part of their CSE caseloads, tribes were not specifically included in the CSE statute until the 1996 welfare reform law (P.L. 104-193). The 1996 law allowed any state that has Indian country within its borders to enter into a...
North American Leaders’ Summit
Introduction
Since 2005, the United States, Canada, and Mexico have made efforts to increase cooperation on broad economic and security issues through various endeavors, most notably by participating in trilateral summits known as the North American Leaders’ Summits (NALS). On June 29, 2016, Canadian Prime Minister Justin Trudeau hosted President Barack Obama and Mexican President Enrique Peña Nieto in Ottawa, Ontario, Canada for the 10th NALS. The meeting served as an opportunity to discuss measures to boost economic competitiveness, expand trade ties, and work on a common climate-change...
The Financial Services and General Government (FSGG) appropriations bill funds more than two dozen independent agencies performing a wide range of functions, such as managing federal real property, regulating financial institutions, and delivering mail. These agencies include Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration...
Numerous nonprofit, private, and governmental organizations provide a wide range of assistance after a disaster strikes. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288) requires federal agencies providing disaster assistance to ensure that individuals and businesses do not receive disaster assistance for losses for which they have already been compensated. Duplication of benefits occurs when compensation from multiple sources exceeds the need for a particular recovery purpose. Recipients are liable to the United States when the assistance...
Derivatives: Introduction and Legislation in the 114th Congress
Derivatives are financial instruments that come in several different forms, including futures, options, and swaps. A derivative is a contract that derives its value from some underlying asset at a designated point in time. The derivative may be tied to a physical commodity, a stock index, an interest rate, or some other asset.
Derivatives played a role in the 2008 financial crisis in a variety of ways. The unmonitored buildup of derivatives positions in the largely unregulated “over-the-counter” (OTC) market led many major financial institutions into large financial losses. Possibly the...
The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA; H.R. 5278, S. 2328)
Representative Duffy introduced H.R. 5278, the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), on May 18, 2016. This bill is a revised version of H.R. 4900, introduced by Representative Duffy on April 12, 2016. The House Committee on Natural Resources marked up H.R. 5278 on May 25, 2016. Amendments include technical corrections and extensions of certain studies on the Puerto Rico government and economy. The major provisions of the bill were unaffected. The House passed an amended version of H.R. 5278, which is organized into seven titles, on June 9, 2016,...
Senate Action on U.S. Circuit and District Court Nominations During the Eighth Year of a Presidency
The process by which lower federal court judges are nominated by the President and approved by the Senate during the final year of a presidency has, in recent decades, been of continuing interest to Congress. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges. Such judges have what effectively has come to mean life tenure, holding office “during good Behaviour.”
In light of continued Senate interest in the judicial confirmation process, this CRS Insight provides data...
The Trans-Pacific Partnership (TPP): Analysis of Economic Studies
Congress plays a major role in formulating and implementing U.S. trade policy through its legislative and oversight responsibilities. Under the U.S. Constitution, Congress has the authority to regulate foreign commerce, while the President has the authority to conduct foreign relations. In 2015, Congress reauthorized Trade Promotion Authority (TPA) that (1) sets trade policy objectives for the President to negotiate in trade agreements; (2) requires the President to engage with and keep Congress informed of negotiations; and (3) provides for Congressional consideration of legislation to...
P.L. 114-182: Toxic Substances Control Act (TSCA) Amendments
On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182). The act primarily amends Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601-2629) but also amends other existing law with regard to the long-term management and storage of elemental mercury, the federal authority to investigate potential cancer clusters, and the eligibility of skilled nursing facilities in rural communities for telecommunications services program funding. Previously, the Executive Office of the President published a statement of...
“Right-Sizing” the National Security Council Staff?
Currently, the main vehicle through which coordination among different U.S. government agencies on national security matters takes place is the National Security Council (NSC). As part of its defense reform deliberations, Congress is considering whether the modern National Security Council and its staff—established in 1947 to help oversee U.S. global security interests—is optimized to enable the United States to meet current and emerging threats (see CRS Report R44508, Fact Sheet: FY2017 National Defense Authorization Act (NDAA) DOD Reform Proposals, by Kathleen J. McInnis).
What is the...
Zika Virus in Latin America and the Caribbean: U.S. Policy Considerations
Congress is debating how to respond to an ongoing outbreak of Zika virus, a mosquito-borne illness that has no treatment or vaccine and can cause microcephaly—a severe birth defect—and other neurological complications. As of June 16, 2016, 60 countries and territories had reported mosquito-borne transmission of the virus, 39 of which are in Latin America and the Caribbean and are reporting cases of Zika for the first time. Brazil, which has registered the most confirmed cases of Zika in Latin America, will host the summer Olympics in August 2016. Scientists expect that travel destinations...
The Fair Labor Standards Act (FLSA) Child Labor Provisions
The Fair Labor Standards Act (FLSA) of 1938 prohibits the employment of “oppressive child labor” in the United States, which the act defines—with some exceptions—as the employment of youth under the age of 16 in any occupation or the employment of youth under 18 years old in hazardous occupations. The act includes several exemptions, however, that create a complex set of thresholds that depend on the child’s age, local school hours, the nature of the work (e.g., occupation, industry, and work environment), parental involvement in the child’s employment, and other factors. Notably,...
After Brexit: A Diminished or Enhanced EU?
EU in Uncharted Territory
On June 23, 2016, the United Kingdom (UK) held a public referendum on whether to remain a member of the European Union (EU). Voters favored leaving by 51.9% to 48.1%. This decision is unprecedented and will have significant political and economic repercussions for both the UK and the EU. The UK is the second-largest economy in the 28-member EU and a key diplomatic and military power. A British exit (dubbed “Brexit”) raises serious questions about the future shape and character of the European integration project. (For more information, see CRS Insight IN10513,...
Possible Economic Impact of Brexit
In a June 23, 2016 referendum, a majority of British voters supported the United Kingdom (UK) leaving the European Union (EU), stunning global financial markets that expected the vote to fail (see CRS Insight IN10513, United Kingdom Votes to Leave the European Union). In the immediate aftermath:
Some equity markets fell by as much as 7% in value (the Dow Jones industrial average fell by 600 points, or 3.5%), erasing nearly $3 trillion in equity value.
The British pound depreciated against other major currencies by its largest amount in one day; the U.S. dollar, the yen, and other...
Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives
The House of Representatives—in the same manner as the United States Senate—is expressly authorized within the United States Constitution (Article I, Section 5, clause 2) to discipline or “punish” its own Members. This authority of the House to discipline a Member for “disorderly Behaviour” is in addition to any criminal or civil liability that a Member of the House may incur for particular misconduct, and is used not merely to punish an individual Member, but to protect the institutional integrity of the House of Representatives, its proceedings, and its reputation.
The House may...
U.S. Semiconductor Manufacturing: Industry Trends, Global Competition, Federal Policy
Invented and pioneered in the United States shortly after World War II, semiconductors are the enabling technology of the information age. Because of semiconductors new industries have emerged and existing ones, such as aerospace and automotive, have been transformed. Semiconductors have contributed in powerful and unique ways to nearly all fields of science and engineering, and semiconductors’ economic and military importance has made the industry’s health a focus of congressional interest for nearly 70 years. In July 2015, Congress formed the Semiconductor Caucus, a group that seeks to...
Puerto Rico and Health Care Finance: Frequently Asked Questions
Puerto Rico’s financial circumstances, including uncertainty about its ability to service its large public debt, have drawn attention in recent months. As Congress examines Puerto Rico’s finances, questions have arisen about how federal health care programs (Medicare, Medicaid, and the State Children’s Health Insurance Program [CHIP]) and private health insurance requirements apply to Puerto Rico. Is Puerto Rico treated like a state, or is it treated differently?
This report provides answers to frequently asked questions (FAQs) about Puerto Rico’s health care system. The FAQs are divided...
Midnight Rules: Congressional Oversight and Options
During the final months of recent presidential administrations, federal agencies have typically issued a larger number of rules relative to comparable time periods earlier in the administration. This phenomenon is often referred to as “midnight rulemaking.” Various scholars and observers of the federal regulatory process have documented evidence of midnight rulemaking by recent outgoing administrations, and many expect a similar trend to reoccur in the final months of the Obama Administration.
Midnight rulemaking likely occurs because the outgoing presidential administration wants to...
United Kingdom Votes to Leave the European Union
Leave Campaign Wins Referendum on EU Membership
Nearly 52% of British voters in the June 23 referendum on European Union (EU) membership answered that the United Kingdom (UK) should leave the EU. The vote on a British exit from the EU (often referred to as “Brexit”) took place after four months of intense campaigning. Among a complex pattern of supporters and opponents of Brexit, the vote pitted Prime Minister David Cameron, who led the campaign to remain, against many members of his own Conservative Party. Prime Minister Cameron subsequently announced that he will step down by October...
Mass Shootings and Terrorism: CRS Products
On Sunday, June 12, 2016, approximately 50 people were killed (including the alleged assailant), and 53 more were injured in an attack on a nightclub in Orlando, FL, that catered to the lesbian, gay, bi-sexual, and transgender (LGBT) community. The alleged assailant was armed with an AR-15-type assault rifle and a pistol. The Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) has reported that these weapons were legally purchased in Florida. During the assault on the nightclub, the alleged assailant reportedly called 911 to pledge allegiance to ISIS. The assailant was killed by...
Slow Growth in the Current U.S. Economic Expansion
Between 2008 and 2015, economic growth has been, depending on the indicator, one-quarter to one-half the long-term average since World War II. Economic performance has been variable throughout the post-war period, but recent growth is markedly weaker than previous low growth periods, such as 1974 to 1995. Initially, slow growth was attributed to the financial crisis and its aftermath. But even after the recession ended and financial conditions normalized, growth has remained below average in the current economic expansion. The current expansion has already lasted longer than average, but...
Financing U.S. Agricultural Exports to Cuba
In December 2014, President Obama announced a new policy approach toward Cuba that in part seeks to reduce the role of long-standing U.S. sanctions on commercial relations with Cuba while also promoting greater engagement and normal relations with the island nation. For U.S. agriculture, the most significant change to emerge from the altered U.S. policy stance toward Cuba has been a revised interpretation of the definition of “payment of cash in advance” that conditions sales of agricultural commodities to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA,...
Congressional Censure and “No Confidence” Votes Regarding Public Officials
The House and the Senate have, from time to time in the past, proposed and—on some occasions—adopted a resolution which has expressed the body’s disapproval, condemnation, censure, or lack of confidence regarding a particular official in the executive branch of the federal government.
Such actions have not been considered as part of the express impeachment authority of the House within the Constitution (nor the authority to try such impeachments in the Senate), nor have they generally been considered as either part of the inherent contempt authority of either house of Congress or the...
Child Welfare: The Family First Prevention Services Act of 2016
The Family First Prevention Services Act of 2016 (H.R. 5456 and S. 3065) would amend the child welfare programs authorized in the Social Security Act to allow states to receive open-ended federal support under Title IV-E for time-limited services and programs that are intended to prevent the need for children to enter foster care by allowing children to remain safely at home with parents, or with kin. This change would respond to long-standing concern by state administrators, child welfare advocates, and some policymakers that federal child welfare support is largely available only after a...
Catfish Inspection and S.J.Res. 28
On May 25, 2016, the Senate passed S.J.Res. 28, which would disapprove the U.S. Department of Agriculture’s (USDA) rule on catfish inspection. The rule transferred catfish inspection from the Food and Drug Administration (FDA) to USDA’s Food Safety and Inspection Service (FSIS). The joint resolution passed 55-43 and is now before the House for consideration. If the House passes the joint resolution, it will be sent to the President for his consideration. If the joint resolution is approved, the responsibility for catfish inspection would return to FDA. Failure to take up the Senate joint...
Trade-Based Money Laundering: Overview and Policy Issues
Trade-based money laundering (TBML) involves the exploitation of the international trade system for the purpose of transferring value and obscuring the true origins of illicit wealth. TBML schemes vary in complexity but typically involve misrepresentation of the price, quantity, or quality of imports or exports. Financial institutions may wittingly or unwittingly be implicated in TBML schemes when such institutions are used to settle, facilitate, or finance international trade transactions (e.g., through the processing of wire transfers, provision of trade finance, and issuance of letters...
Proposed Boeing Aircraft Sale to Iran
The Pending Sale and Implications
A potential sale of Boeing passenger aircraft to Iran’s large state-owned airline, Iran Air, raises significant questions for Congress as it oversees implementation of the Iran nuclear agreement, including some sanctions relief. On June 21, 2016, Iran Air announced an intent to purchase 80 and lease 29 of The Boeing Company’s passenger aircraft, at an estimated total cost of about $25 billion. In February 2016, Iran Air agreed to buy 118 commercial aircraft from Airbus, Boeing’s main commercial competitor, at an estimated value of $27 billion....
Mileage-Based Road User Charges
A mileage-based road user charge would involve assessing owners of individual vehicles on a per-mile basis for the distance the vehicle is driven. Currently, federal highway and public transportation programs are funded mainly by motor fuel tax receipts that flow into the Highway Trust Fund (HTF). The tax rates, set on a per-gallon basis, have not been raised since 1993, and receipts have been insufficient to support the transportation programs authorized by Congress since FY2008. The long-term viability of motor fuels taxes is also questionable because of increasing vehicle fuel...
The Orlando Mass Shooting: CRS Experts
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Orlando Nightclub Mass Shooting: Gun Checks and Terrorist Watchlists
On June 12, 2016, an armed assailant killed 49 people and wounded over 50 others in an Orlando, FL, nightclub. After a three-hour standoff with police, the assailant was killed by police. It is unknown at this time whether any of the victims may have been killed in the crossfire between the police and the assailant during a hostage rescue operation. The deceased assailant was armed with a 5.56 caliber Sig Sauer rifle and a 9mm Glock semiautomatic pistol.
Assailant’s Gun Check
The alleged assailant, 29-year-old Omar Mir Seddique Mateen, acquired these firearms from a federally licensed gun...
Statements of Administration Policy
Presidents communicate their views on pending legislation in a variety of ways. The Office of Management and Budget (OMB) formally communicates the Administration’s views by way of Statements of Administration Policy. Statements of Administration Policy, or SAPs, are designed to signal the Administration’s position on legislation scheduled on the House and Senate floor.
SAPs are often the first public document outlining the Administration’s views on pending legislation and allow for the Administration to assert varying levels of support for or opposition to a bill. While Administrations...
Stafford Act Assistance and Acts of Terrorism
This insight provides a brief overview of Stafford Act declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act—42 U.S.C. 5721 et seq.) and the types of assistance they could authorize in response to terrorist incidents. This report also provides examples of Stafford Act declarations that have been issued for previous terrorist attacks.
Overview
The Stafford Act authorizes the President to issue two types of declarations that could provide federal assistance to states and localities in response to a terrorist attack: a “major...
The United Kingdom and the European Union: Stay or Go?
In-or-Out Vote Set for June 23
On June 23, 2016, British voters are expected to answer the question “Should the United Kingdom remain a member of the European Union?” The outcome of the referendum remains difficult to predict. Polling results have varied from week to week and continue to suggest a close race with a significant number of undecided voters. Some polls in mid-June have shown a late shift in favor of the Leave campaign.
Arguments For and Against
Since joining the precursor to the modern European Union (EU) in 1973, the United Kingdom (UK) has been considered one of the most...
Carl D. Perkins Career and Technical Education Act of 2006: An Overview
The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV; P.L. 109-270) is the main federal law supporting the development of career and technical skills among students in secondary and postsecondary education. Perkins IV aims to improve academic outcomes and preparedness for higher education or the labor market among students enrolled in career and technical education (CTE) programs, previously known as vocational education programs.
The federal government has a long history of supporting programs to develop students’ career and technical skills, dating back to the 19th...
The Capital Investment Grant (CIG) program, often called New Starts, is a discretionary funding program for the construction of new fixed-guideway public transportation systems and the expansion of existing systems. Eligible projects include transit rail, including subway/elevated rail (heavy rail), light rail, and commuter rail, as well as bus rapid transit (BRT) and ferries.
The CIG program is one element of the federal public transportation program that is administered by the Federal Transit Administration (FTA) within the Department of Transportation (DOT). In December 2015, the CIG...
The Terrorist Screening Database: Background Information
The Federal Bureau of Investigation (FBI, the Bureau) has acknowledged that it had been investigating the shooter who killed 49 people at an Orlando nightclub on June 12, 2016. The gunman has been identified as Omar Mateen, a 29-year-old security guard in Florida who was born in New York. Reportedly, Mateen was watchlisted while under FBI investigation. This report provides background information on the watchlisting process.
The Terrorist Screening Database (TSDB, commonly referred to as the Terrorist Watchlist) lies at the heart of federal efforts to identify and share information about...
The Appointment Process for U.S. Circuit and District Court Nominations: An Overview
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution’s Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee.
Presidential...
In the spring of 2016, the U.S. Supreme Court considered a set of challenges alleging that the contraceptive coverage regulations under the Affordable Care Act (ACA) violate the federal Religious Freedom Restoration Act (RFRA). Following oral arguments in which the eight sitting Justices appeared to be evenly divided, the Court unanimously declined to declare an answer in the set of seven consolidated cases, each brought by nonprofit religious entities with objections to the provision and use of contraceptives as well as to the process by which their objections may be accommodated under...
Trends in Child Care Spending from the CCDF and TANF
The Child Care and Development Fund (CCDF) is the main source of federal funding dedicated primarily to child care subsidies for low-income working families. The term “CCDF” was coined in regulation by the U.S. Department of Health and Human Services (HHS) to encompass multiple child care funding streams, including
federal discretionary child care funds authorized by the Child Care and Development Block Grant (CCDBG) Act,
federal mandatory child care funds authorized by Section 418 of the Social Security Act (sometimes referred to as the “Child Care Entitlement to States”),
state...
Social Media for Emergencies and Disasters: Overview and Policy Considerations
Since the mid-1990s, new technologies have emerged that allow people to interact and share information through the Internet. Often called “social media,” these platforms enable people to connect in ways that were non-existent, or widely unavailable 15 years ago. Examples of social media include blogs, chat rooms, discussion forums, wikis, YouTube channels, LinkedIn, Facebook, and Twitter. Social media can be accessed by computers, tablets, smart and cellular telephones, and mobile telephone text messaging (SMS).
In recent years social media has played an increasing role in emergencies and...
U.S. District Court Vacancies: Overview and Comparative Analysis
This Insight provides comparative historical data related to U.S. district court vacancies that existed at the beginning of the three most recent presidencies (Obama, George W. Bush, Clinton), as well as the number of vacancies that existed on June 1 of each President’s eighth year in office. Data is also provided for the last day of the George W. Bush and Clinton presidencies (and the percentage change in the number of vacancies from the beginning to the end of each presidency).
This Insight also provides a geographic overview of the location of district court vacancies that existed on...
Energy Tax Policy: Issues in the 114th Congress
Current U.S. energy tax policy is a combination of long-standing provisions and relatively new incentives. Provisions supporting the oil and gas sector reflect desires for domestic energy production and energy security, long-standing cornerstones of U.S. energy policy. Incentives for renewable energy reflect the desire to have a diverse energy supply, also consistent with a desire for domestic energy security. Incentives for energy efficiency are designed to reduce use of energy from all energy sources. Incentives for renewable energy, energy efficiency, and alternative technology vehicles...
U.S. Circuit Court Vacancies: Overview and Comparative Analysis
This Insight provides comparative historical data related to U.S. circuit court vacancies that existed at the beginning of the three most recent presidencies (Obama, George W. Bush, Clinton), as well as the number of vacancies that existed on June 1 of each President’s eighth year in office. Data is also provided for the last day of the George W. Bush and Clinton presidencies (and the percentage change in the number of vacancies from the beginning to the end of each presidency).
This Insight also provides a geographic overview of the location of circuit court vacancies that existed on June...
Declining Dynamism in the U.S. Labor Market
Many observers have noted that certain measures of the U.S. labor market “dynamism” or “fluidity”—including job reallocation, worker churn, and geographic labor mobility—have been declining for the past 20 years or more. The ability of U.S. workers to flow between jobs has been a defining feature of the economy since the end of World War II, and a reduction in labor market fluidity could have negative implications for unemployment, wage growth, and productivity. Economists have proposed several possible explanations for the decline in labor market dynamism, but the effect of these...
The Trans-Pacific Partnership (TPP): Key Provisions and Issues for Congress
The Trans-Pacific Partnership (TPP) is a proposed free trade agreement (FTA) among 12 Asia-Pacific countries, with both economic and strategic significance for the United States. The proposed agreement is perhaps the most ambitious FTA undertaken by the United States in terms of its size, the breadth and depth of its commitments, its potential evolution, and its geo-political significance. Signed on February 4, 2016, after several years of negotiations, if implemented, TPP would be the largest FTA in which the United States participates, and would eliminate trade barriers and establish new...
Peru: Politics, Economy, and Elections
This report provides an overview of Peru’s political, economic, and security conditions and of U.S.-Peruvian relations.
As President Ollanta Humala is nearing the end of his five-year term, Peru held national elections for the presidency and the 130-seat unicameral legislature on April 10, 2016. Because none of the presidential candidates won an absolute majority, a runoff was held June 5 between two center-right candidates. Economist Pedro Pablo Kuczynski defeated former congresswoman Keiko Fujimori by less than 1% of the vote, 50.12% to 49.88%.
For months, Fujimori had maintained a...
EU Agricultural Support: Overview and Comparison with the United States
The European Union (EU) is one of the United States’ chief agricultural trading partners but also a major competitor in world markets. Historically, both the United States and the EU have provided significant government support for their agricultural sectors. In the United States, federal farm policy has traditionally focused on price and/or income support programs concentrated on row crops including grains, oilseeds, and cotton as well as sugar and dairy. In contrast, the EU provides more extensive support to a broader range of farm and food products—including livestock products and fresh...
A Patent/Innovation Box as a Tax Incentive for Domestic Research and Development
A patent box provides a lower tax rate on income from patents, and in some cases, from other intellectual property. A number of countries, including the U.K., France, the Netherlands, and China, have adopted a patent box. Rates generally range from 5% to 15%. Patent boxes are in some cases referred to as innovation boxes because they cover income from non-patented as well as patented intellectual property. Patent boxes can have narrow coverage (providing a lower tax rate on royalties and licenses from patents) or broadly cover income attributable to intellectual property, including that...
In the 114th Congress, the House and Senate have passed energy legislation that addresses hydropower. Both the North American Energy Security and Infrastructure Act of 2016 (S. 2012, as engrossed in the House) and the Energy Policy Modernization Act of 2016 (S. 2012, as engrossed in the Senate) contain provisions that would alter the regulation and development of nonfederal hydropower, among other things. Both bills would establish a formal timeline for nonfederal hydropower project regulation, would appoint the Federal Energy Regulatory Commission (FERC) as the lead agency for nonfederal...
The Islamic State’s Acolytes and the Challenges They Pose to U.S. Law Enforcement
Analysis of publicly available information on homegrown violent jihadist activity in the United States since September 11, 2001, suggests that the Islamic State (IS) and its acolytes may pose broad challenges to domestic law enforcement and homeland security efforts. Homegrown IS-inspired plots can be broken into three rough categories based on the goals of the individuals involved. The first two focus on foreign fighters, the last on people willing to do harm in the United States:
The Departed—Americans, often described as foreign fighters, who plan to leave or have left the United...
Athletic Footwear for the Military: The Berry Amendment Controversy
The Berry Amendment, a 1941 federal law (10 U.S.C. §2533a), requires the Department of Defense (DOD) to purchase only wholly American-made clothing, textiles, and other essential items for the military (see CRS Report RL31236, The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources). Some in Congress seek to bring athletic footwear for new recruits under the Berry Amendment. Currently, most new recruits receive vouchers to buy running shoes, which need not be domestic in origin. Provisions in the 2017 National Defense Authorization Act (NDAA), of which one version...
Several western states are experiencing severe, and in some cases exceptional, drought. Conditions in California (which has been in a drought since 2012) have been particularly severe and have garnered national attention. California’s drought has decreased from its peak levels in 2015, but the drought’s persistence and intensity have driven ongoing interest in federally managed water supplies (in particular those supplies managed by the federal Bureau of Reclamation, or Reclamation), support for state and local water projects and programs, and conservation of fish species.
Although no...
Financial Services and General Government (FSGG) FY2016 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodities and Futures Trading Commission (CFTC) is funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate. This structure has existed since the 2007 reorganization of the House and Senate Committees on...
Unemployment Compensation (Insurance) and Military Service
The Unemployment Compensation (UC) program contains several provisions relevant to current and former military service personnel and their families. The UC program does not provide benefits for military servicemembers on active duty. However, former active duty military personnel (and certain reservists) recently separated from active duty may be eligible for Unemployment Compensation for Ex-Servicemembers (UCX).
Spouses of military service personnel who voluntarily quit a job to accompany their spouses on account of a military transfer may be eligible for UC benefits, based on the laws of...
India-U.S. Relations and the Visit of Prime Minister Modi
Introduction
Indian Prime Minister Narendra Modi, leader of the ruling Bharatiya Janata Party (BJP), is in Washington, DC, this week for a “working visit” that will include addressing Congress, the first such address by an Indian leader since 2005. House Speaker Paul Ryan invited Modi so Congress could “hear from the elected leader of the world’s most populous democracy on how our two nations can work together to promote our shared values and to increase prosperity.” For some, the event completes a “political rehabilitation” of a foreign leader who had been denied a U.S. visa over concerns...
Air Quality Issues and Animal Agriculture: A Primer
From an environmental quality standpoint, much of the public and policy interest in animal agriculture has focused on impacts on water resources, because animal waste, if not properly managed, can harm water quality through surface runoff, direct discharges, spills, and leaching into soil and groundwater. A more recent issue is the contribution of air emissions from animal feeding operations (AFOs), enterprises where animals are raised in confinement. This report provides background on the latter issue.
AFOs can affect air quality through emissions of gases such as ammonia and hydrogen...
TPP Financial Services Data Flows
Financial services firms and some members of Congress have raised specific concerns regarding the proposed Trans-Pacific Partnership (TPP) agreement, such as provisions on data localization for financial services firms. Treasury Secretary Jack Lew recently issued a proposal to address the data localization concerns, but it remains unclear if the current proposal will resolve the matter given that it would not change the current proposed TPP text.
For the first time in a U.S. FTA, the proposed TPP (1) would guarantee the cross-border data flows so that companies can transfer information in...
PROMESA (H.R. 5278) and Puerto Rico
Overview
Representative Sean Duffy introduced Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA—which means promise in Spanish; H.R. 5278) on May 18, 2016, which is a revised version of H.R. 4900, which Representative Duffy had introduced on April 12, 2016. The House Natural Resources Committee held a hearing on the bill’s provisions and Puerto Rico’s fiscal condition on May 19, 2016. The committee marked up H.R. 5278 on May 25, 2016, and agreed to amendments including those making technical corrections and extending the focus of certain studies on the Puerto Rico...
The U.S. Department of Agriculture (USDA) has said that it would finalize a livestock and poultry marketing rule that had originally been proposed by its Grain Inspection, Packers and Stockyards Administration (GIPSA) in June 2010 and commonly referred to as the “GIPSA rule.” In a speech to the National Farmers Union (NFU) on March 7, 2016, and as reported by Agri-Pulse, Secretary of Agriculture Tom Vilsack indicated that a rule would be proposed in late spring or early summer and finalized before the end of the Obama Administration. The GIPSA rule was proposed to implement provisions in...
Animal Waste and Hazardous Substances: Current Laws and Legislative Issues
The animal sector of agriculture has undergone major changes in the last several decades: organizational changes within the industry to enhance economic efficiency have resulted in larger confined production facilities that often are geographically concentrated. These changes, in turn, have given rise to concerns over the management of animal wastes and potential impacts on environmental quality.
Federal environmental law does not regulate all agricultural activities, but certain large animal feeding operations (AFOs) where animals are housed and raised in confinement are subject to...
The EMV Chip Card Transition: Background, Status, and Issues for Congress
Consumer financial card fraud due to data breaches of card information is an ongoing problem in the United States. The majority of breaches are carried out against point-of-sale (POS) systems, and are facilitated by what many consider to be the weak link in the U.S. retail sales payment process: the continued use of magnetic stripe cards (also referred to as stripe-and-signature cards). These cards are still what most U.S. consumers think of when referring to financial cards.
In much of the rest of the world, cards that provide a much higher level of security for conducting sales...
Puerto Rico’s Current Fiscal Challenges
The government of Puerto Rico faces severe fiscal challenges. A federal district court judge in late March 2016 held that the island’s government was insolvent and unable to pay its obligations on time. Emergency legislation (Act 21 of 2016) enacted on April 6, 2016, stated that the Puerto Rican government’s fiscal condition “is more dire than at any other point in its history” and that “depleted resources and strained liquidity threaten to bind the Commonwealth to a choice between honoring its commitments to bondholders or continuing to provide the residents of Puerto Rico with essential...
Allocation of Wastewater Treatment Assistance: Formula and Other Changes
Congress established a statutory formula governing distribution of financial aid for municipal wastewater treatment in the Clean Water Act (CWA) in 1972. Since then, Congress has modified the formula and incorporated other eligibility changes five times. Federal funds are provided to states through annual appropriations according to the statutory formula to assist local governments in constructing wastewater treatment projects in compliance with federal standards. The most recent formula change, enacted in 1987, continues to apply to distribution of federal grants to capitalize state...
Overtime Provisions in the Fair Labor Standards Act (FLSA): Frequently Asked Questions
The Fair Labor Standards Act (FLSA), enacted in 1938, is the main federal legislation that establishes general wage and hour standards for most, but not all, private and public sector employees. Among other protections, the FLSA establishes that covered nonexempt employees must be compensated at one-and-a-half times their regular rate of pay for each hour worked over 40 hours in a workweek.
The FLSA also establishes certain exemptions from its general labor market standards. One of the major exemptions to the overtime provisions in the FLSA is for bona fide “executive, administrative, and...
Medicare’s Skilled Nursing Facility (SNF) Three-Day Inpatient Stay Requirement: In Brief
Medicare beneficiaries are generally entitled to coverage for care they receive in a skilled nursing facility (SNF). However, Medicare beneficiaries can be liable for substantial cost sharing related to the care they receive in an SNF if that care is not preceded by a hospital inpatient stay of at least three days. On an increasing basis, however, Medicare beneficiaries are failing to meet this three-day inpatient stay requirement because they are receiving shorter inpatient hospital stays and overnight observation care as hospital outpatients, often for days at a time, which does not...
Goldwater-Nichols at 30: Defense Reform and Issues for Congress
Thirty years after its enactment, Congress has undertaken a review of the Goldwater-Nichols Department of Defense Reorganization Act (GNA) as well as the broader organization and structure of the contemporary Department of Defense (DOD) more broadly. Most observers agree that in principle a comprehensive review of the Goldwater-Nichols legislation is warranted at this juncture. Further, a broad consensus appears to exist among observers that DOD must become considerably more agile while retaining its strength in order to enable the United States to meet a variety of critical emerging...
Military Lending Act: Timeline, New Rules, and Issues
New rules under the Military Lending Act (MLA) that change the definition of consumer credit for covered servicemembers and dependents will apply to transactions or accounts that are established on or after October 3, 2016. These rules may have an impact on the regulatory burdens for businesses that provide credit products to the military and may also affect military readiness.
Legislative Timeline and Existing Rules
The MLA was enacted with the National Defense Authorization Act for Fiscal Year 2007. The impetus for the law was to protect servicemembers from certain “predatory” lending...
The Comprehensive Addiction and Recovery Act of 2016 (CARA; S. 524) aims to address the problem of opioid addiction in the United States. It passed the Senate (S. 524 ES) on March 10, 2016, and it passed the House with an amendment in the nature of a substitute (S. 524 EAH) on May 13, 2016. The two versions of the bill differ substantially. The scope of the differences may be illustrated by their structures: The Senate bill has 28 sections organized in 8 titles, whereas the House bill has 69 sections organized in 18 titles. This report discusses selected differences and similarities...
In October 2008, the Environmental Protection Agency (EPA) issued a regulation to revise a 2003 Clean Water Act rule governing waste discharges from large confined animal feeding operations (CAFOs). The 2008 action was necessitated by a 2005 federal court decision (Waterkeeper Alliance et al. vs. EPA, 399 F.3d 486 [2nd Cir. 2005]), resulting from challenges brought by agriculture industry groups and environmental advocacy groups, that vacated parts of the 2003 rule and remanded other parts to EPA for clarification.
The Clean Water Act prohibits the discharge of pollutants from any “point...
The Federal Information Technology Acquisition Reform Act (FITARA): Frequently Asked Questions
Federal agencies rely on information technology (IT) to conduct their work, requiring extensive investments in both updating existing IT and developing new IT. The Government Accountability Office (GAO) has reported that the federal government budgets more than $80 billion each year for IT investment. In FY2017, that investment will be more than $89 billion. Unfortunately, these investments often incur “multi-million dollar cost overruns and years-long schedule delays,” may contribute little to mission-related outcomes, and in some cases fail altogether. The Federal Information Technology...
Promoting Global Internet Freedom: Government and Industry Initiatives
Modern communication tools such as the Internet provide a relatively inexpensive, accessible, easy-entry means of sharing ideas, information, and pictures around the world. In a political and human rights context, in closed societies when the more established, formal news media is denied access to or does not report on specified news events, the Internet has become an alternative source of media, and sometimes a means to organize politically.
The openness and the freedom of expression allowed through social networking sites, as well as the blogs, video sharing sites, and other tools of...
Offsets, Supplemental Appropriations, and the Disaster Relief Fund: FY1990-FY2013
This report discusses the history of the use of offsetting rescissions to pay for supplemental appropriations to the Federal Emergency Management Agency’s Disaster Relief Fund (DRF) from FY1990 through FY2013.
As Congress debated the growing size of the budget deficit and national debt, efforts intensified to control spending and offset the costs of legislation. Several times between FY1990 and FY2013, the question of offsetting disaster relief spending became a focus of congressional debate.
Usually, in the time reviewed, supplemental disaster relief funding was treated as emergency...
DOD’s Rotation to the Philippines
The United States has long maintained a significant military presence in the Pacific, with permanent garrisons and regular deployments by ground, naval, and air forces and routine exercises with their local counterparts. In 2011-2012, the Department of Defense (DOD) announced its intention to “rebalance” by focusing more of its attention and activity on Asia. One goal is to influence the development of regional norms and rules, particularly as China exerts greater influence.
On March 18, 2016, the United States and the Republic of the Philippines announced the selection of five military...
This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, the Trademark Act of 1946 (conventionally known as the Lanham Act), and the Economic Espionage Act of 1996. The report explains the remedies and penalties for the following intellectual property offenses:
17 U.S.C. §501 (copyright infringement);
17 U.S.C. §506(a)(1)(A) and 18 U.S.C. §2319(b) (criminal copyright infringement for profit);
17 U.S.C....
A Resurgence of Unaccompanied Alien Children?
In the first seven months of FY2016, apprehensions of unaccompanied alien children (UAC) at the U.S.-Mexico border have approached levels close to what they were in FY2014 when such migration flows reached what were characterized as “crisis” proportions.
Unaccompanied alien children are statutorily defined as children who lack lawful immigration status in the United States, are under age 18, and lack a parent or legal guardian in the United States or a parent or legal guardian in the United States who is available to provide care and physical custody. They most often arrive at U.S. ports...
Substance Abuse and Mental Health Services Administration (SAMHSA): Agency Overview
In recent years, Members of both chambers have introduced legislation that would reauthorize, amend, add, or eliminate programs and activities undertaken by the Substance Abuse and Mental Health Services Administration (SAMHSA). This report briefly summarizes SAMHSA’s major programs and activities and describes the agency’s organizational structure. The Appendix provides an overview of SAMHSA’s budget.
SAMHSA’s two biggest programs are the Community Mental Health Services Block Grant (MHBG, $533 million in FY2016) and the Substance Abuse Prevention and Treatment Block Grant (SABG, $1.9...
On May 23, President Obama confirmed that a U.S. unmanned aerial vehicle strike on a remote village just over the Pakistan border had killed the leader of the Afghan Taliban, Mullah Akhtar Mohammad Mansour. The strike was conducted after U.S. intelligence reportedly tracked Mansour crossing back into Pakistan from Iran. U.S. officials asserted that Mansour posed an imminent threat to the approximately 9,800 U.S. forces in Afghanistan, who are training and advising the Afghan National Defense and Security Forces (ANDSF) and conducting counter-terrorism missions against Al Qaeda and the...
Social Media in Congress: The Impact of Electronic Media on Member Communications
The mediums through which Members and constituents communicate have changed significantly over American history and continue to evolve today. Whereas most communications traditionally occurred through the media, via postal mail, or over a telephone, the adoption and use of electronic communications via email and social media technologies (e.g., Twitter, Facebook, YouTube, and other sites) changes how Representatives and Senators disseminate and gather information, who they communicate with, and what types of information they share and receive from the general public, many not residing in...
Funding for Carbon Capture and Sequestration (CCS) at DOE: In Brief
to be suppressed Carbon capture and sequestration (or storage)—known as CCS The U.S. Department of Energy (DOE) American Recovery and Reinvestment Act (P.L. 111-5; enacted February 17, 2009, hereinafter referred to as the Recovery Act). research and development Administration’s FY2017 budget proposal, in Tables 1 and 2. Table 1 shows funding from FY2010 through FY2016, including Recovery Act funding. Fossil Energy Research and Development (1) FutureGen; (2) the Clean Coal Power Initiative (CCPI); (3) Industrial Carbon Capture and Storage (ICCS); and (4) Site Characterization, Training, and...
Security Assistance and Cooperation: Shared Responsibility of the Departments of State and Defense
The Department of State and the Department of Defense (DOD) have long shared responsibility for U.S. assistance to train, equip, and otherwise engage with foreign military and other security forces. The legal framework for such assistance emerged soon after World War II, when Congress charged the Secretary of State with responsibility for overseeing and providing general direction for military and other security assistance programs and the Secretary of Defense with responsibility for administering such programs. Over the years, congressional directives and executive actions have modified,...
Who Is a “Veteran”?—Basic Eligibility for Veterans’ Benefits
The U.S. Department of Veterans Affairs (VA) offers a broad range of benefits to U.S. Armed Forces veterans and certain members of their families. Among these benefits are various types of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing. Basic criteria must be met to be eligible to receive any of the benefits administered by the VA.
This report examines the basic eligibility criteria for VA administered veterans’ benefits, including the issue of eligibility of members of the National Guard and reserve components.
For a former...
Military Funeral Honors for Veterans
Eligible veterans are entitled to receive military honors at their funerals. Federal law, enacted in 1999 (P.L. 105-261) and amended in 2000 (P.L. 106-65) provides that each eligible veteran shall be provided, at minimum, a two-person funeral honors detail, the playing of taps, and the folding and presentation of a U.S. flag to the family. The Department of Veterans Affairs (VA) issues these honors at no cost to the veteran’s family. These honors can be augmented to include color guards, pallbearers, and firing parties provided either by the military or civilians in approved veterans or...
Federal Flood Risk Management Standard (FFRMS)
A Flood Resilience Standard for Federally Funded Projects
The Federal Flood Risk Management Standard (FFRMS) is the principal mechanism for accomplishing the flood risk management policies established by President Obama in Executive Order (E.O.) 13690. E.O. 13690 aims to improve the resilience of communities and federal assets against the impacts of flooding. The FFRMS is a flood resilience standard that is required for “federally funded projects.” The October 2015 FFRMS defines federally funded projects as “actions where Federal funds are used for new construction, substantial...
Status of the Ebola Outbreak in West Africa: Overview and Issues for Congress
The 2014-2015 outbreak and spread of Ebola Virus Disease (EVD, or Ebola) in West Africa became an international public health emergency that, in no small part due to international intervention, abated significantly by the end of 2015 and early 2016. The issue remains of interest toward the end of the 114th Congress for a number of reasons, including ongoing concerns about the status of disease and risks of future outbreaks, and interest in the disposition of funds appropriated by Congress in response to Ebola, especially in view of the more recent health challenge posed by the Zika virus....
Unaccompanied Alien Children: CRS Experts
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United States Lifts Remaining Restrictions on Arms Sales to Vietnam
Overview
From May 22 to 25, President Obama is visiting Vietnam, his first trip to that country as President. During his tenure, U.S.-Vietnam relations have expanded, fueled partially by shared concerns about China’s increased assertiveness in the South China Sea, where Hanoi and Beijing have competing territorial and exclusive economic zone (EEZ) claims. (See CRS In Focus IF10209, U.S.-Vietnam Relations.) While in Hanoi, the President announced the removal of remaining U.S. restrictions on sales of lethal weapons and related services to Vietnam. U.S. officials and some observers have...
Pay Equity: Legislative and Legal Developments
According to some federal data, on average, full-time female workers earn approximately 20% less than full-time male workers. At least a portion of this gap is due to observable factors such as hours worked and the concentration of female workers in lower-paid occupations. Some interpret these data as evidence that discrimination, if present at all, is a minor factor in the pay differentials and conclude that no policy changes are necessary. Conversely, advocates for further policy interventions note that some of the explanatory factors of the pay gap (such as occupation and hours worked)...
Treasury Issues White Paper on Fintech and Marketplace Lending
Marketplace lenders exemplify some of the ways that shadow banks have sought to access securities markets to fund commercial loans for consumers and businesses. Although there are several marketplace lending arrangements, it is typical for these firms to use data and modeling techniques to evaluate risks and finance loans, which are then typically destined for securities markets instead of depository banks’ portfolios. In some cases, online platforms partner with depository banks to originate the initial platform notes to fund the loans even though the loans are then sold. On May 10, 2016,...
The Federal Prison Population Buildup: Options for Congress
Since the early 1980s, there has been a historically unprecedented increase in the federal prison population. The total number of inmates under the Bureau of Prisons’ (BOP) jurisdiction increased from approximately 25,000 in FY1980 to over 205,000 in FY2015. Between FY1980 and FY2013, the federal prison population increased, on average, by approximately 5,900 inmates annually. However, the number of inmates in the federal prison system has decreased from FY2013 to FY2015.
Some of the growth is attributable to changes in federal criminal justice policy during the previous three decades....
U.S.-Vietnam Economic and Trade Relations: Issues for the 114th Congress
The year 2015 was a memorable year in U.S.-Vietnam relations, marking the 40th anniversary of the end of the Vietnam War, the 20th anniversary of the reestablishment of diplomatic relations, the first U.S. visit by a Chairman of the Vietnamese Communist Party (VCP) (in July), and the conclusion of the Trans-Pacific Partnership (TPP) trade negotiations (in October). This year also will be marked with historical events, including the 15th anniversary of the United States granting Vietnam permanent normal trade relations (PNTR), the February signing of the TPP, and President Obama’s first...
U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield
Both the United States and the European Union (EU) maintain that they are committed to upholding individual privacy rights and ensuring the protection of personal data. Nevertheless, data privacy and protection issues have long been sticking points in U.S.-EU economic and security relations, in part because of differences in U.S. and EU data privacy approaches and legal regimes. In the late 1990s, the United States and the EU negotiated the Safe Harbor Agreement of 2000 to allow U.S. companies and organizations to meet EU data protection requirements and permit the legal transfer of...
Public Health Service Agencies: Overview and Funding (FY2015-FY2017)
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS). The PHS agencies are funded primarily with annual discretionary appropriations. They also receive significant amounts of funding from other sources including mandatory funds from the Affordable Care Act (ACA), user fees, and third-party reimbursements (collections).
The Agency for Healthcare Research and Quality (AHRQ) funds research on improving the quality and delivery of health care. For several years prior to FY2015, AHRQ did not receive its own...
Environmental Protection Agency (EPA): FY2016 Appropriations
Enacted on December 18, 2015, Title II of Division G of the Consolidated Appropriations Act, 2016 (P.L. 114-113; H.R. 2029) provided $8.14 billion for the Environmental Protection Agency (EPA) for FY2016. The act appropriated funding for the full fiscal year through September 30, 2016, for the 12 regular appropriations acts, including “Interior, Environment, and Related Agencies,” under which EPA is funded. The total FY2016 enacted appropriations of $8.14 billion for EPA was the same as enacted for FY2015 but $451.8 million (5.3%) below the President’s FY2016 request of $8.59 billion. No...
Earthquake Risk and U.S. Highway Infrastructure: Frequently Asked Questions
Earthquakes and related events, such as soil liquefaction, landslides, tsunamis, flooding, and fires, pose risks to highway infrastructure. Concerns about the U.S. highway system’s seismic vulnerability stem from interest in protecting public safety, facilitating response and recovery efforts, and minimizing economic loss and social disruption. This report addresses a number of frequently asked questions about earthquake risk and highway system components, especially bridges.
The three components of seismic risk to the highway system are the likelihood of an earthquake of varying...
U.S. Department of the Treasury Denial of Benefit Reductions in the Central States Pension Plan
On May 6, 2016, the U.S. Department of the Treasury denied an application submitted by the Central States, Southeast and Southwest Areas Pension Plan (Central States) that would have reduced benefits to about 270,000 of the nearly 400,000 participants in the plan. The total amount of benefit reductions would have been about $11.0 billion (see page 13.2.1 of Checklist 13: Equitably Distributed). The application was submitted under the authority of The Multiemployer Pension Reform Act of 2014 (MPRA enacted as Division O in the Consolidated and Further Continuing Appropriations Act, 2015...
Waiting in Queue: Options for Addressing the Airport Screening Line Conundrum
It has been widely reported that airport passenger screening checkpoint lines are getting longer, leading to long wait times and missed flights, although reliable wait time data are generally lacking. The Transportation Security Administration (TSA) is currently facing a screener staffing shortage. Screener attrition has more than doubled over the past six years, rising to about 13% in FY2015. Shortages may also be partly attributable to overestimation of enrollment in TSA’s PreCheck program, which allows travelers who have completed security checks to use expedited screening lanes....
Senate Medical Innovation Bills: Overview and Comparison with the 21st Century Cures Act (H.R. 6)
Both the House and the Senate are considering legislation to support medical innovation, primarily through reforms to the National Institutes of Health (NIH) and changes to the drug, biologic, and device approval pathways at the Food and Drug Administration (FDA). On February 3, 2015 Senators Lamar Alexander and Patty Murray, chairman and ranking Member of the Committee on Health, Education, Labor and Pensions, announced the start of a bipartisan initiative to “examine the process for getting safe treatments, devices and cures to patients and the roles of the [FDA] and the [NIH] in that...
Practical and legal hurdles, including the difficulty of locating hidden Al Qaeda members and the infeasibility of enforcing judgments in terrorism cases, hinder victims’ attempts to establish liability in U.S. courts against, and recover financially from, those they argue are directly responsible for the September 11 terrorist attacks. Instead, victims have sued numerous individuals and entities with only indirect ties to the attacks, including defendants who allegedly provided monetary support to Al Qaeda prior to September 11, 2001. Within the consolidated case In re Terrorist Attacks...
The Farm Credit System (FCS) is a nationwide financial cooperative lending to agricultural and aquatic producers, rural homeowners, and certain agriculture-related businesses and cooperatives. Established in 1916, this government-sponsored enterprise (GSE) has a statutory mandate to serve agriculture. It receives tax benefits but no federal appropriations or guarantees. FCS is the only direct lender among the GSEs. Farmer Mac, a separate GSE but regulated under the umbrella of FCS, is a secondary market for farm loans. Federal oversight by the Farm Credit Administration (FCA) provides for...
Early Childhood Care and Education Programs: Background and Funding
The federal government has a long history of investing in early childhood care and education. As early as the 1930s, the government was supporting nursery schools for low-income children. Over time, the federal role in early childhood care and education has evolved, and today’s federal investments in this area come in many forms. For instance, such investments
Stretch across multiple federal agencies and congressional committee jurisdictions. Agencies include the Department of Health and Human Services (HHS), the Department of Education (ED), the Department of the Interior (DOI), the...
The Sentencing Reform Act of 2015 (H.R. 3713): A Summary
H.R. 3713, the Sentencing Reform Act of 2015, addresses the sentences that may be imposed in various drug and firearms cases. It proposes amendments to those areas of federal law that govern mandatory minimum sentencing requirements for drug and firearm offenses; the so-called safety valves which permits court to impose sentences below otherwise required mandatory minimums in the case of certain low-level drug offenders; and the retroactive application of the Fair Sentencing Act.
Related reports include CRS Report R44246, Sentencing Reform: Comparison of Selected Proposals, by Jared P....
National Security Space Launch at a Crossroads
The United States is in the midst of making significant changes in how best to pursue an acquisition strategy that would ensure continued access to space for national security missions. The current strategy for the EELV (Evolved Expendable Launch Vehicle) program dates from the 1990s and has since been revised a few times. The program has been dogged by perennial concerns over cost and competition. Those same concerns are a major impetus for change today.
The EELV program stands at a crossroads today. Factors that prompted the initial EELV effort in 1994 are once again manifest—significant...
The Nunn-McCurdy Act: Background, Analysis, and Issues for Congress
The Nunn-McCurdy Act (10 U.S.C. §2433) requires the Department of Defense (DOD) to report to Congress whenever a Major Defense Acquisition Program (MDAP) experiences cost overruns that exceed certain thresholds. A program whose cost growth exceeds the statutory thresholds is said to have a Nunn-McCurdy breach.
There are two types of breaches: significant breaches and critical breaches. A significant breach is when the Program Acquisition Unit Cost (the total cost of development, procurement, and construction divided by the number of units procured) or the Procurement Unit Cost (the total...
Federal Prison Industries: Background, Debate, Legislative History, and Policy Options
The Federal Prison Industries, Inc. (FPI), is a government-owned corporation that employs offenders incarcerated in correctional facilities under the Federal Bureau of Prisons (BOP). The FPI manufactures products and provides services that are sold to executive agencies in the federal government. The FPI was created to serve as a means for managing, training, and rehabilitating inmates in the federal prison system through employment in one of its industries.
The FPI is intended to be economically self-sustaining and it does not receive funding through congressional appropriations. In...
Information Warfare: DOD’s Response to the Islamic State Hacking Activities
The Islamic State (IS) has pursued a strategy of accessing U.S. government computer systems for a variety of purposes. IS pursues five primary categories of activity when targeting U.S. computer systems: defacement, distributed denial of service, data theft, disabling websites, and data breaches. The Department of Defense (DOD) is pursuing a number of activities aimed at detecting, deterring, and thwarting IS hacking activities.
In May 2015, FBI Director James Comey stated, “ISIS is waking up’ to the idea of using sophisticated malware to cyberattack critical infrastructure in the U.S.”...
The Alternative Minimum Tax for Individuals: In Brief
Suppress for publication
In addition to raising revenue, the individual income tax has been used as a vehicle to promote various social and economic goals. This has been accomplished by according preferential tax treatment to certain items of income and expense. The net result, however, has been an erosion of the individual income tax base. By utilizing the preferences and incentives in the tax code, some individuals can substantially reduce their income taxes.
To make sure that everyone paid at least some taxes and still preserve the economic and social incentives in the tax code,...
FDA’s Proposed Medical Device Surveillance System and the Role of Unique Device Identification (UDI)
The Food and Drug Administration (FDA) is responsible for regulating medical devices—a wide range of products used to diagnose, treat, monitor, or prevent a disease or condition. Problems related to medical devices can have serious consequences for patients. Defective devices, such as artificial hips and pacemakers, have caused severe patient injuries and deaths. FDA’s premarket review process cannot be designed to completely ensure the safety of all medical devices before they enter the market. Therefore, it is necessary to have a strong surveillance system that monitors device safety....
The Upcoming U.S.-Nordic Summit
On May 13, 2016, President Obama will host the five Nordic countries—Denmark, Finland, Iceland, Norway, and Sweden—for a U.S.-Nordic Leaders Summit in Washington, DC. The Nordics have long been U.S. strategic and economic partners. U.S. interest in enhancing cooperation has increased in light of Russia’s resurgence and changes in the Arctic. The formal agenda is expected to focus on several key issues, including countering terrorism and violent extremism; the migration and refugee crisis; climate change and the environment; the Arctic; nuclear and energy...
Military Officer Personnel Management: Key Concepts and Statutory Provisions
Congress and the executive branch are currently considering changes to the officer personnel management system. Some of these proposed changes would require changes to the laws, including provision enacted by the Defense Officer Personnel Management Act (DOPMA) and the Goldwater-Nichols Act (GNA).
Contemporary debates over officer personnel management policy often revolve around the fundamental questions of “what type of officers do we need to win the next war?” and “what skills does the officer corps need to enable the military services to perform their missions?” These questions are...
Agricultural Exports and 2014 Farm Bill Programs: Background and Current Issues
U.S. agricultural exports have long been a bright spot in the U.S. balance of trade, with exports exceeding imports in every year since 1960. But the trend of recent years—increasing export sales and a wider agricultural trade surplus—was reversed in FY2015, and the reversal is expected to be more pronounced in FY2016. After climbing to a record $152.3 billion in FY2014, U.S. farm exports declined to $139.7 billion in FY2015, and the U.S. Department of Agriculture (USDA) projects a further reduction to $125 billion in FY2016. Meanwhile, the value of U.S. agricultural imports has continued...
Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Nearly all of the outstanding debt of the federal government is subject to a statutory limit, which is set forth as a dollar limitation in 31 U.S.C. 3101(b). From time to time, Congress considers and passes legislation to adjust or suspend this limit.
The annual budget resolution is required to include appropriate levels of the public debt for each fiscal year covered by the resolution. The budget resolution, however, does not become law. Therefore, the enactment of subsequent legislation is necessary in order to implement budget resolution policies, including changes to the statutory...
Congressional Franking Privilege: Background and Recent Legislation
The congressional franking privilege, which dates from 1775, allows Members of Congress to transmit mail matter under their signature without postage. Congress, through legislative branch appropriations, reimburses the U.S. Postal Service for the franked mail it handles. Use of the frank is regulated by federal law, House and Senate rules, and committee regulations.
Reform efforts during the past 30 years have reduced overall franking expenditures in both election and non-election years. Even-numbered-year franking expenditures have been reduced by over 85% from $113.4 million in FY1988...
Funding of Presidential Nominating Conventions: An Overview
During the 113th Congress, legislation (H.R. 2019) became law (P.L. 113-94) eliminating Presidential Election Campaign Fund (PECF) funding for convention operations. The 2012 Democratic and Republican convention committees each received grants, financed with public funds, of approximately $18.2 million (for a total of approximately $36.5 million, as rounded). Barring a change in the status quo, the 2016 presidential nominating conventions will, therefore, be the first since the 1976 election cycle not supported with public funds.
Changes in PECF funding for convention operations do not...
Franking Privilege: Historical Development and Options for Change
The franking privilege, which allows Members of Congress to transmit mail matter under their signature without postage, has existed in the United States since colonial times. During the 18th and 19th centuries, the franking privilege served a fundamental democratic role, allowing Members of Congress to convey information to their constituents about the operations of government and policy matters before Congress. Conversely, it also provided a mechanism for citizens to communicate their feelings and concerns to Members (prior to 1873, Members could both send and receive mail under the...
Synthetic Drugs: Overview and Issues for Congress
Synthetic drugs, as opposed to natural drugs, are chemically produced in a laboratory. Their chemical structure can be either identical to or different from naturally occurring drugs, and their effects are designed to mimic or even enhance those of natural drugs. When produced clandestinely, they are not typically controlled pharmaceutical substances intended for legitimate medical use. Designer drugs are a form of synthetic drugs. They contain slightly modified molecular structures of illegal or controlled substances, and they are modified in order to circumvent existing drug laws. While...
Overview of Commercial (Depository) Banking and Industry Conditions
A commercial bank is an institution that obtains either a federal or state charter that allows it to accept federally insured deposits and pay interest to depositors. In addition, the charter allows banks to make residential and commercial mortgage loans; to provide check cashing and clearing services; to underwrite securities that include U.S. Treasuries, municipal bonds, commercial paper, and Fannie Mae and Freddie Mac issuances; and to conduct other activities as defined by statute, namely the National Banking Act. Commercial banks are limited in what they can do. For example, the...
Franking Privilege: Mass Mailings and Mass Communications in the House, 1997-2015
Despite significant reductions in congressional mail postage costs over the past 25 years, critics continue to raise concerns about the franking privilege. While proponents of the franking privilege argue that the frank allows Members to fulfill their representational duties by providing for greater communication between the Member and individual constituents, critics argue that it is both financially wasteful and gives an unfair advantage to incumbents in congressional elections. In particular, mass mailings have come under increased scrutiny as critics argue that the vast majority of...
Implications of Iranian Elections
Summary:
An apparent strong showing by supporters of President Hassan Rouhani might reflect broad support for the nuclear agreement between Iran and major international powers (“Joint Comprehensive Plan of Action,” JCPOA) that is providing significant sanctions relief. Iran’s core national security goals are unlikely to change, and with runoffs still to come, any possible easing of social and political restrictions is difficult to predict. The results could affect the choice of the next Supreme Leader.
Election Processes
On February 26, 2016, Iran held elections for the 290-seat Majles...
China’s Natural Gas: Uncertainty for Markets
China could potentially be a much larger producer and consumer of natural gas than it is now. Despite China’s pollution problems and international environmental commitments, the role of natural gas in China’s energy mix remains relatively low, particularly compared to the United States. China has announced big plans for its natural gas development and use, but the changes will require significant investment in exploration, production, infrastructure, and consumption. With a slowing economy, China may not be in a position in the short-term to undertake these investments.
China’s natural gas...
Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland
On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the vacancy on the Supreme Court left by the death of Justice Antonin Scalia on February 13, 2016. Judge Garland was appointed to the D.C. Circuit in April 1997, and since February 2013 has served as the circuit court’s Chief Judge, an administrative position that rotates among the active judges on the circuit. To assist Members and committees of Congress and their staff in their ongoing research into Judge Garland’s approach to the...
Older Americans Act: 2016 Reauthorization
First enacted in 1965, the Older Americans Act (OAA) was created in response to concern by policymakers about a lack of community social services for older individuals. Since then, the OAA has been reauthorized and amended numerous times. The last OAA reauthorization occurred in 2006, when the Older Americans Act Amendments of 2006 (P.L. 109-365) was enacted, which extended the act’s authorizations of appropriations through FY2011 (authorizations of appropriations for most OAA programs expired on September 30, 2011). OAA-authorized activities have continued to receive funding for FY2012...
Green Infrastructure and Issues in Managing Urban Stormwater
For decades, stormwater, or runoff, was considered largely a problem of excess rainwater or snowmelt impacting communities. Prevailing engineering practices were to move stormwater away from cities as rapidly as possible to avoid potential damages from flooding. More recently, these practices have evolved and come to recognize stormwater as a resource that, managed properly within communities, has multiple benefits.
Stormwater problems occur because rainwater that once soaked into the ground now runs off hard surfaces like rooftops, parking lots, and streets in excessive amounts. It flows...
DHS Appropriations FY2016: Security, Enforcement and Investigations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the second title of the homeland security appropriations bill—Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), the Transportation Security Administration (TSA), U.S. Coast Guard (USCG), and the U.S. Secret Service (USSS). Collectively, Congress has labeled these components in recent years as “Security, Enforcement, and Investigations.”
The report provides...
Patents and Prescription Drug Importation
Prescription drugs often cost far more in the United States than in other countries. Some consumers have attempted to import medications from abroad in order to realize cost savings. The practice of importing prescription drugs outside the distribution channels established by the brand-name drug company is commonly termed “parallel importation” or “re-importation.” Parallel imports are authentic products that are legitimately distributed abroad and then sold to consumers in the United States, without the permission of the authorized U.S. dealer.
Numerous bills have been introduced in the...
The Supreme Court’s First Climate Change Decision: Massachusetts v. EPA
In 2007, the Supreme Court issued its decision in Massachusetts v. EPA, its first pronouncement on climate change and a singularly important environmental law decision. This report reviews that decision, but leaves coverage of the many EPA actions based on the decision to other CRS reports.
Massachusetts v. EPA was a case brought to challenge EPA’s denial of a petition asking the agency to regulate greenhouse gas (GHG) emissions from new motor vehicles under the Clean Air Act (CAA). By a vote of 5-4, the Court held first that Massachusetts had standing to sue, an issue that took up most of...
Bipartisan Budget Act of 2015: Adjustments to the Budget Control Act of 2011
The Bipartisan Budget Agreement of 2015 (BBA 2015; P.L. 114-74) includes a number of provisions that alter the budget parameters established by the Budget Control Act of 2011 (BCA; P.L. 112-25). These provisions (1) increase the discretionary spending caps for FY2016 and FY2017; (2) extend automatic direct spending reductions to FY2025; (3) establish non-binding targets for spending designated for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) services; (4) change limits to budget authority adjustment for certain program integrity activities from FY2017 to FY2021; and...
The Maternal and Child Health Services Block Grant: Background and Funding
The Maternal and Child Health (MCH) Services Block Grant program, authorized under Title V of the Social Security Act, is a flexible source of funds that states use to support maternal and child health programs. The program provides grants to states and territories to enable them to coordinate programs, develop systems, and provide a broad range of direct health services. In addition to block grants to states, the MCH Services Block Grant includes a set-aside for Special Projects of Regional and National Significance (SPRANS), and another set-aside for the Community Integrated Service...
The Wetlands Coverage of the Clean Water Act (CWA): Rapanos and Beyond
In 1985 and 2001, the Supreme Court grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). In 2006, the Supreme Court rendered a third decision, Rapanos v. United States, on appeal from two Sixth Circuit rulings. The Sixth Circuit rulings offered the Court a chance to clarify the reach of CWA jurisdiction over wetlands adjacent only to nonnavigable tributaries of traditional navigable waters—including tributaries such as drainage ditches and canals that may flow intermittently. (Jurisdiction over wetlands adjacent to...
Dominican Republic: Update on Citizenship and Humanitarian Issues
The Dominican government has long been criticized for its treatment of Haitians and Dominicans of Haitian descent. The government is sensitive to such criticism because it touches on race and nationality issues. After sustained international criticism of a 2013 court ruling, Dominican President Danilo Medina has taken steps to address the citizenship status and rights of people of Haitian descent and undocumented individuals living in the Dominican Republic through implementation of a naturalization law and regularization plan. Medina is favored to win a second term in elections scheduled...
Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court
On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the vacancy on the Supreme Court created by the unexpected death of Justice Antonin Scalia in February. Judge Garland was appointed to the D.C. Circuit by President Clinton in 1997, and is currently its chief judge, an administrative position that rotates among the active judges on the circuit. Prior to his appointment to the bench, Judge Garland served in the Criminal Division of the U.S. Department of Justice, where he notably oversaw...
The Buy American Act—Preferences for “Domestic” Supplies: In Brief
The Buy American Act of 1933 is the earliest and arguably the best known of various statutes regarding federal procurement of domestic products. Essentially, the act attempts to protect U.S. businesses and labor by restricting the acquisition and use of end products or construction materials that are not “domestic.” For purposes of the act, domestic end products and domestic construction materials include (1) unmanufactured end products or construction materials mined or produced in the United States, as well as (2) end products or construction materials manufactured in the United States,...
Securities and Exchange Commission’s Administrative Forum: Background and Selected Legal Challenges
The Securities and Exchange Commission’s (SEC’s) increased use of its in-house administrative forum to resolve charges against persons alleged to have violated federal securities laws has generated several court decisions, as well as congressional and media attention. Section 929P(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which gave the SEC the authority to impose civil money penalties, as well as cease-and-desist orders, on almost any person, is often stated as the reason that the SEC has increased its use of the administrative forum, instead of taking alleged...
Climate Change Paris Agreement Opens for Signature
On April 22, 2016, 175 out of 196 Parties to the United Nations Framework Convention on Climate Change signed the new international Paris Agreement to address greenhouse-gas-induced climate change. No international agreement has attracted as many signatures on a single day. In addition, 15 nations—all perceiving themselves as particularly vulnerable to the impacts of climate change—deposited their instruments of ratification as well (Barbados, Belize, Fiji, Grenada, Maldives, Marshall Islands, Mauritius, Nauru, Palau, Palestine, Saint Kitts and Nevis, Saint Lucia, Samoa, Somalia, and...
Miscellaneous Tariff Bills: Overview and Issues for Congress
U.S. importers often request that Members of Congress introduce bills seeking to temporarily suspend or reduce tariffs on certain imports. The rationale for these requests is that they cut costs for U.S manufacturers, thus enabling them to hire more workers, invest in research and development, and reduce costs for consumers.
In recent congressional practice, the House Ways and Means and Senate Finance Committees, the committees of jurisdiction over tariffs, have combined individual duty suspension bills and other technical trade provisions into larger pieces of legislation known as...
The Affordable Care Act (ACA) creates shared responsibilities for both employers and individuals with regard to health insurance coverage. The ACA expands federal private health insurance market requirements and requires the creation of health insurance exchanges to provide individuals and small employers with access to insurance. This report examines the new employer responsibilities.
To ensure that employers continue to provide some degree of health coverage, the ACA includes a “shared responsibility” provision. This provision does not require that an employer offer employees health...
EPA Regulation of Greenhouse Gases: Congressional Responses and Options
In August 2015, the Environmental Protection Agency (EPA) promulgated standards to limit emissions of greenhouse gases (GHGs) from both new and existing fossil-fueled electric power plants. Because of the importance of electric power to the economy and its significance as a source of GHG emissions, the EPA standards have generated substantial interest. The economy and the health, safety, and well-being of the nation are affected by the availability of a reliable and affordable power supply. Many contend that that supply would be adversely impacted by controls on GHG emissions. At the same...
Protection of Trade Secrets: Overview of Current Law and Legislation
A trade secret is confidential, commercially valuable information that provides a company with a competitive advantage, such as customer lists, methods of production, marketing strategies, pricing information, and chemical formulae. (Well-known examples of trade secrets include the formula for Coca-Cola, the recipe for Kentucky Fried Chicken, and the algorithm used by Google’s search engine.) To succeed in the global marketplace, U.S. firms depend upon their trade secrets, which increasingly are becoming their most valuable intangible assets.
However, U.S. companies annually suffer...
Congress is currently considering legislation that would make substantive changes to the Freedom of Information Act (FOIA). FOIA was originally enacted in 1966 and has been amended numerous times since—most recently in 2009. FOIA provides the public with a presumptive right to access agency records, limited by nine exemptions that allow agencies to withhold certain types or categories of records.
The legislation under consideration in the 114th Congress, S. 337 and H.R. 653, is largely based on bills from the 113th Congress, S. 2520 and H.R. 1211. Both of the bills in the current Congress...
What Are Negative Interest Rates?
Typically, borrowers need to pay a positive interest rate to entice a saver or investor to lend their funds instead of spending them. Negative rates are the opposite—savers who do not want to spend their funds are willing to pay borrowers to accept them.
In theory, nominal rates should never be negative because investors are better off holding currency, which earns a zero nominal rate, instead. In practice, holding large sums of currency incurs a convenience cost—it is bulky and can be lost or stolen. Buying a safe or renting a security deposit box are...
What’s on Television? The Intersection of Communications and Copyright Policies
In the 1940s and 1950s, watching television meant tuning into one of a few broadcast television stations, with the help of an antenna, to watch a program at a prescheduled time. Over subsequent decades, cable and satellite operators emerged to enable households unable to receive over-the-air signals to watch the retransmitted signals of broadcast television stations. More recently, some viewers have taken to watching TV programming on their computers, tablets, mobile phones, and other Internet-connected devices at times of their own choosing, dispensing with television stations and cable...
The World Drug Problem: UNGA Convenes for a Special Session
The United Nations General Assembly (UNGA) has convened in New York for a special session on “The World Drug Problem.” It is the third time the UNGA will convene such a session on global drug issues. Previous special sessions on drugs were held in 1990 and 1998.
The 2016 special session builds on work by the U.N. Commission on Narcotic Drugs (CND), the primary U.N. policymaking body on drug matters, including
the 2009 “Political Declaration and Plan of Action on International Cooperation Towards an Integrated and Balanced Strategy to Counter the World Drug Problem” and
the 2014 “Joint...
Escalating Violence in El Salvador
During 2015, El Salvador posted the world’s highest homicide rate, 104 homicides per 100,000 people. Homicides, many gang-related, have trended further upward in 2016, with more than 2,000 killings recorded through March, including massacres, killings of police and their families, and extrajudicial killings of suspected gang members. El Salvador has the highest concentration of gang members in Central America. Many analysts assert that the government’s tough anti-gang policies are worsening the violence; others maintain that the government has few policy options available. Escalating...
Oil Producing Countries Ministerial Meeting: Background, Results, and Market Implications
On April 17, 2016, in Doha, Qatar, at least 15 oil producing countries—representing approximately 55% of global crude oil production—gathered for a meeting with the Organization of the Petroleum Exporting Countries (OPEC) to discuss an agreement among attendees to limit oil production to January 2016 levels in order to support prices. Countries represented at the meeting included most OPEC members as well as non-OPEC oil exporters, but not the United States. Producing country meetings/agreements have occurred in the past and are closely monitored by the media and oil market participants as...
Border Security: Immigration Enforcement Between Ports of Entry
Border enforcement is a core element of the Department of Homeland Security’s effort to control unauthorized migration, with the U.S. Border Patrol (USBP) within the U.S. Customs and Border Protection (CBP) as the lead agency along most of the border. Border enforcement has been an ongoing subject of congressional interest since the 1970s, when unauthorized immigration to the United States first registered as a serious national problem; and border security has received additional attention in the years since the terrorist attacks of 2001.
Since the 1990s, migration control at the border...
Reauthorization of Federal Aviation Programs: Action in the 114th Congress
On April 19, the Senate passed H.R. 636 to reauthorize the Federal Aviation Administration (FAA), other civil aviation programs, and Airport and Airway Trust Fund (AATF) revenues through September 30, 2017. The legislation now moves to the House of Representatives, where a six-year FAA reauthorization bill, H.R. 4441, and a related bill on aviation research, H.R. 4489, were marked up and ordered reported by the Transportation and Infrastructure Committee and the Science, Space, and Technology Committee, respectively, on February 11. Proposed authorization amounts and comparisons to FY2016...
The Islamic State’s Acolytes and the Challenges They Pose to U.S. Law Enforcement
Analysis of publicly available information on homegrown violent jihadist activity in the United States since September 11, 2001, suggests that the Islamic State (IS) and its acolytes may pose broad challenges to domestic law enforcement and homeland security efforts. Homegrown IS-inspired plots can be broken into three rough categories based on the goals of the individuals involved. The first two focus on foreign fighters, the last on people willing to do harm in the United States:
The Departed—Americans, often described as foreign fighters, who plan to leave or have left the United...
DHS Appropriations FY2016: Protection, Preparedness, Response, and Recovery
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the third title of the homeland security appropriations bill—the National Protection and Programs Directorate (NPPD), the Office of Health Affairs (OHA), and the Federal Emergency Management Agency (FEMA). Collectively, Congress has labeled these components in the appropriations act in recent years as “Protection, Preparedness, Response, and Recovery.”
The report provides an overview of...
Contested Presidential Nominating Conventions: Brief Background and Questions
Neither major party has required multiple votes to select a presidential nominee since the 1952 Democratic National Convention and the 1948 Republican National Convention. Yet, prolonged primary campaigns routinely fuel speculation that convention delegates might again be called on to choose a party’s presidential nominee through multiple ballots, rather than to ratify a clear outcome from the primaries. This CRS Insight briefly addresses selected questions about possible contested Democratic and Republican conventions that might be relevant as Members of Congress prepare for the 2016...
Sexual Violence at Institutions of Higher Education
In recent years, a number of high-profile incidents of sexual violence at institutions of higher education (IHEs) have heightened congressional and administration scrutiny of the policies and procedures that IHEs use to address sexual violence on campus. Among other things, concerns have been expressed about standards of evidence used in institutional proceedings that occur in response to a report of sexual violence on campus, the sufficiency of current legal remedies, and Department of Education (ED) guidance to IHEs.
Further, although sexual violence on campus is a widely acknowledged...
Congressional Official Mail Costs
The congressional franking privilege allows Members of Congress to send official mail via the U.S. Postal Service at government expense. This report provides information and analysis on the costs of franked mail in the House of Representatives and Senate.
In FY2015, total expenditures on official mail were $8.3 million. House official mail costs ($6.8 million) were 82% of the total, whereas Senate official mail costs ($1.5 million) were 18% of the total. In FY2014, total expenditures on official mail were $16.9 million. House official mail costs ($15.1 million) were 89% of the total,...
Mens Rea Reform: A Brief Overview
Criminal justice reform has played a major role in the congressional agenda over the past several Congresses, with sentencing reform bills making up the majority of the legislative action on this issue. However, some reformers have also highlighted the need to strengthen the mens rea requirements in federal law. Mens rea, Latin for “guilty mind,” is the mental state the government must prove to secure a conviction. For instance, some laws require that the prosecution demonstrate that the defendant intentionally have committed the act in question—that is, committing the act with the...
General Policy Statements: Legal Overview
Agencies frequently use guidance documents to set regulatory policy. While “legislative rules” carry the force of law and are required to undergo the notice and comment procedures of the Administrative Procedure Act (APA), guidance documents are exempt from these constraints and can be issued more swiftly than legislative rules. The issuance of such guidance documents, however, has not escaped criticism. Some have argued that agencies use guidance documents to effectively change the law or expand the scope of their delegated regulatory authorities. This report focuses on agency use and...
Lethal Autonomous Weapon Systems: Issues for Congress
The current research and future deployment of lethal autonomous weapon systems (LAWS) is actively under discussion throughout the military, nongovernmental, and international communities. This discussion is focused, to various degrees, on the military advantage to be gained from current and future systems, the risks and potential benefits inherent in the research and deployment of autonomous weapon systems, and the ethics of their use. Restrictions, if any, in treaty and domestic law, as well as the specific rules governing procurement and use of LAWS by the military, will all rely to...
Congressional Redistricting: Legal and Constitutional Issues
Congressional redistricting is the drawing of district boundaries from which the people choose their representatives to the U.S. House of Representatives. The legal framework for congressional redistricting resides at the intersection of the Constitution’s limits and powers, requirements prescribed under federal law, and the various processes imposed by the states. Prior to the 1960s, court challenges to redistricting plans were considered non-justiciable political questions that were most appropriately addressed by the political branches of government, not the judiciary. In 1962, in the...
The Islamic State Woos Jihadists in Africa but Faces Competition
In March 2015, the Islamic State sought to publicize its expansion into sub-Saharan Africa, highlighting in its English-language magazine, Dabiq, the pledge of allegiance made that month by Abubakar Shekau, leader of the Nigeria-based Salafi-jihadist group Boko Haram (see CRS Report R43558, Nigeria’s Boko Haram: Frequently Asked Questions, by Lauren Ploch Blanchard). The edition—“Sharia Alone Will Rule Africa”—described the alliance as a “new door” though which Muslims unable to travel to the Middle East might “migrate to the land of Islam” to wage jihad. Videos from other IS affiliates...
Zika Virus: Global Health Considerations
Background
Zika is a virus that is primarily spread by Aedes mosquitoes—the same mosquitoes that transmit dengue, chikungunya, and yellow fever. Zika transmission has also been documented from mother to child during pregnancy, as well as through sexual intercourse, blood transfusions, and laboratory exposure. Scientists first identified the virus in 1947 among monkeys living in the Ugandan Zika forest. Five years later, human cases were detected in Uganda and Tanzania. The first human cases outside of Africa were diagnosed in the Pacific in 2007 and in Latin America in 2015. From January...
Export-Import Bank: Frequently Asked Questions
The Export-Import Bank of the United States (Ex-Im Bank or the Bank), a wholly owned federal government corporation, is the official export credit agency (ECA) of the U.S. government. Its mission is to assist in financing and facilitating U.S. exports of goods and services to support U.S. employment. Ex-Im Bank operates under a renewable general statutory charter (Export-Import Bank Act of 1945, as amended). In the 114th Congress, Ex-Im Bank’s charter was extended through September 30, 2019, by the Export-Import Bank Reform and Reauthorization Act of 2015 (Division E of P.L. 114-94, a...
Gender Identity Discrimination in Public Education: A Legal Analysis
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Hatch Act Restrictions on Federal Employees’ Political Activities in the Digital Age
Federal officers and employees historically have been subject to certain limitations when engaging in partisan political activities. Although they have always retained their right to vote and privately express political opinions, for most of the last century, they were prohibited from being actively involved in political management or political campaigns. At the beginning of the 20th century, civil service rules imposed a general ban on voluntary, off-duty participation in partisan politics by merit system employees. The ban prohibited employees from using their “official authority or...
The Internet Tax Freedom Act: In Brief
The Internet Tax Freedom Act (ITFA; P.L. 105-277), enacted in 1998, implemented a three-year moratorium preventing state and local governments from taxing Internet access, or imposing multiple or discriminatory taxes on electronic commerce. Under the moratorium, state and local governments cannot impose their sales tax on the monthly payments that consumers make to their Internet service provider in exchange for access to the Internet. In addition to the moratorium, a grandfather clause was included in ITFA that allowed states which had already imposed and collected a tax on Internet...
U.S. Sugar Program Fundamentals
The U.S. sugar program provides a price support guarantee to producers of sugar beets and sugarcane and to the processors of both crops. The U.S. Department of Agriculture (USDA), as program administrator, is directed to administer the program at no budgetary cost to the federal government by limiting the amount of sugar supplied for food use in the U.S. market. To achieve both objectives, USDA uses four tools—as reauthorized without change by the 2014 farm bill (P.L. 113-79) and found in chapter 17 of the Harmonized Tariff Schedules of the United States—to keep domestic market prices...
After the attacks of September 11, 2001, President George W. Bush authorized the National Security Agency to conduct a Terrorist Surveillance Program (TSP) to “intercept international communications into and out of the United States” by “persons linked to al Qaeda or related terrorist organizations.” After the TSP activities were concluded in 2007, Congress enacted the Protect America Act (PAA, P.L. 110-55), which established a mechanism for the acquisition, via a joint certification by the Director of National Intelligence (DNI) and the Attorney General (AG), but without an individualized...
U.S. Postal Service Rolls Back Its Prices
On April 10, 2016, the U.S. Postal Service (USPS) was required to roll back prices on many of its postal products and services, including First-Class “Forever” stamps. This is the first time in nearly a century that the USPS has dropped the price of First-Class “Forever” (or equivalent domestic letter) postage.
Due to the removal of a temporary surcharge (also called an exigent postal surcharge), the prices for nearly all market-dominant products and services, which are those where the USPS is considered to have a monopoly, such as First-Class Mail or Standard Mail (i.e., advertising...
The U.S. Intelligence Community: Selected Cross-Cutting Issues
This report focuses on cross-cutting management issues that affect the Intelligence Community’s (IC’s) ability to counter “pervasive and emerging threats” to the United States and balance resources both appropriately and wisely. As the IC’s senior manager, these issues ultimately fall within the Director of National Intelligence’s (DNI’s) area of responsibility. The DNI is charged with integrating the community of intelligence agencies so that they operate effectively as one team.
There are no easy solutions to the challenges examined in this report. The IC’s efforts to demonstrate...
Nigeria’s Boko Haram: Frequently Asked Questions
Boko Haram, a violent Nigerian Islamist movement, has grown increasingly active and deadly in its attacks against state and civilian targets in recent years, drawing on narratives of religious exclusivism, victimization, and vengeance for state abuses to elicit sympathizers and recruits. The group’s April 2014 abduction of almost 300 schoolgirls drew particular international attention, including from the Obama Administration and Members of Congress. Boko Haram’s high death toll and its pledge of allegiance to the Islamic State (IS, aka ISIL or ISIS) in March 2015 have further raised the...
Counting Casualties in Syria and Iraq: Process and Challenges
Casualty estimates for the conflicts in Iraq and Syria are inconsistent and unreliable because of a range of methodological challenges in conducting and reporting counts. Estimates of the number of people who have died during Syria’s civil conflict since March 2011 range from 250,000 to 470,000. In Iraq, the estimated range is between 19,000 and 41,650 deaths since January 2014. This product discusses the difficulties of collecting war-related casualty data in both countries and provides an overview of some of the current estimated figures available through selected organizations. CRS is...
Unaccompanied Children from Central America: Foreign Policy Considerations
Since FY2011, the number of unaccompanied alien children (UAC) traveling to the United States from the “northern triangle” nations of Central America—El Salvador, Guatemala, and Honduras—has increased sharply. U.S. authorities encountered more than 52,000 unaccompanied minors from the region at the U.S. border in FY2014, a more than 1,200% increase compared to FY2011. This unexpected surge of children strained U.S. government resources and created a complex crisis with humanitarian implications. U.S. apprehensions of unaccompanied minors from the northern triangle declined by 45% in...
Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order
In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as “net neutrality” rules. The order was released in March 2015 and published in the Federal Register on April 13, 2015. The order took effect on June 12, 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritization of affiliated or proprietary content, and prohibit the...
Class Action Litigation: The Court and Congress
The class action suit is a procedural device for joining numerous parties in a civil lawsuit when the issues involved are common to the class as a whole and when the issues turn on questions of law applicable in the same manner to each member of the class. Class actions are intended to save the resources of both the courts and the parties by permitting an issue potentially affecting every class member to be litigated together in an economical fashion. The class action is also intended to allow parties to pursue a legal remedy when it is not economically feasible to obtain relief, such as...
The Social Security Administration (SSA): Budget Request and Appropriations
The Social Security Administration (SSA) is responsible for administering a number of federal entitlement programs that provide income support (cash benefits) to qualified individuals. These programs are Old-Age, Survivors, and Disability Insurance (OASDI), commonly known as Social Security; Supplemental Security Income (SSI) for the Aged, Blind, and Disabled; and Special Benefits for Certain World War II Veterans. In FY2017, SSA’s programs are projected to pay a combined $1.0 trillion in federal benefits to 68.4 million recipients. Spending on administrative costs for these programs is...
Lead in Flint, Michigan’s Drinking Water: CRS Experts
Head Start; Home Visiting; Maternal, Infant, and Early Childhood Home Visiting; MIECHV; Early Childhood; Child Development; blood lead reference level; blood lead level; lead poisoning prevention; health registries; EPA; toxicology of lead poisoning; EPSDT; Early and Periodic Screening, Diagnostic and Treatment; special education; Office of Lead Hazard Control and Healthy Homes; healthy homes; Safe Drinking Water Act; SDWA; Safe Drinking Water State Revolving Fund; Drinking Water State Revolving Fund, water infrastructure; Lead and Copper Rule; corrosion control; Water Infrastructure...
The Financial Stability Oversight Council Reform Act (H.R. 3340)
The House Committee on Financial Services reported the Financial Stability Oversight Council Reform Act (H.R. 3340; H.Rept. 114-473) on March 23, 2016. Sponsored by Representative Tom Emmer, this act would (1) make the budget of the Financial Stability Oversight Council (FSOC) and its permanent staff (called the Office of Financial Research, or OFR) subject to the appropriations process, (2) increase the frequency of required annual reports of the OFR, and (3) require notice and comment procedures before OFR issuance of proposed rules, proposed regulations, and research reports.
The FSOC...
Closing Space: Restrictions on Civil Society Around the World and U.S. Responses
Civil society organizations (CSOs) around the world are confronting ever stricter limitations on their ability to operate, a phenomenon often referred to “closing space” for civil society work. From restrictions on the types of funding they are allowed to receive to draconian registration requirements, the measures targeting CSOs are increasingly putting pressure on the entire civil society sector in certain countries. These restrictions are most commonly imposed by governments seeking to limit the influence of nongovernmental actors, though restrictions are also being imposed by a broad...
U.S. Crude Oil Exports to International Destinations
On December 18, 2015, Congress passed H.R. 2029—the Consolidated Appropriations Act, 2016—which was enacted and became P.L. 114-113. A provision contained in P.L. 114-113 repealed a 40-year prohibition on the export of crude oil produced in the United States. (See CRS Report R44403, Crude Oil Exports and Related Provisions in P.L. 114-113: In Brief.) Removing this prohibition and its associated restrictions provides producers, shippers, and traders with more options to market and sell crude oil to international markets when market conditions support such transactions. Prior to removing...
Private health insurance is the predominant form of health insurance coverage in the United States, covering about two-thirds of Americans in 2014. The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) builds on and modifies existing sources of private health insurance coverage—the non-group (individual), small-group, and large-group markets. The ACA provisions follow a federalist model in which they establish federal minimum requirements and give states the authority to enforce and expand those federal standards.
The ACA includes provisions that restructure the...
National Park System: Units Managed Through Partnerships
In recent decades, it has become more common for the National Park Service (NPS) to own and manage units of the National Park System in partnership with others in the federal, tribal, state, local, or private sectors. Such units of the park system are often called partnership parks. Congressional interest in partnership parks has grown, especially as Congress seeks ways to leverage limited financial resources for park management.
Congress generally specifies the shared management arrangements for partnership parks in the establishing legislation for each park. The arrangements may aim to...
Federal Lifeline Program: Modernization and Reform
On March 31, 2016, the Federal Communications Commission (FCC) adopted an order to expand the scope of the Federal Lifeline program to provide subsidies for broadband adoption; enhance and expand mechanisms to streamline program administration; and further combat program fraud, waste, and abuse. Citing the need to close the digital divide, the division between those who use and have access to broadband versus those who do not, the FCC voted (3-2) to extend Lifeline program subsidies to cover high-speed broadband access. The Lifeline program is a needs-based program which traditionally...
The Army’s M-1 Abrams, M-2/M-3 Bradley, and M-1126 Stryker: Background and Issues for Congress
The M-1 Abrams Tank, the M-2/M-3 Bradley Fighting Vehicle (BFV), and the M-1126 Stryker Combat Vehicle are the centerpieces of the Army’s Armored Brigade Combat Teams (ABCTs) and Stryker Brigade Combat Teams (SBCTs).
In addition to the military effectiveness of these vehicles, Congress is also concerned with the economic aspect of Abrams, Bradley, and Stryker recapitalization and modernization. Due to force structure cuts and lack of Foreign Military Sales (FMS) opportunities, Congress has expressed a great deal of concern with the health of the domestic armored combat vehicle industrial...
Discharging a Senate Committee from Consideration of a Nomination
Some press reports have suggested that the full Senate could vote in relation to the nomination of Merrick B. Garland to be an Associate Justice of the Supreme Court, even if the Senate Judiciary Committee does not act on the nomination. (See, for example, the Roll Call article of March 28, 2016.) This CRS Insight addresses questions concerning the exact nature of such a vote; it also explains the procedural steps that could be necessary to bring the nomination to a direct vote on the floor. Not all procedural options are discussed in this product; additional resources and relevant CRS...
This CRS Insight provides data and analysis related to Supreme Court vacancies since 1797 that arose during one presidency and were filled during a different presidency. As of this writing, Senate debate on the current vacancy created by the death of Justice Antonin Scalia on February 13, 2016, has focused, in part, on whether to confirm a successor to Justice Scalia prior to a new President taking office on January 20, 2017. Note that this Insight does not take a position as to when the Senate might approve a new Justice for the Court.
This Insight is not intended to provide a...
High Frequency Trading: Overview of Recent Developments
High-frequency trading (HFT) generally refers to trading in financial instruments, such as securities and derivatives, transacted through supercomputers executing trades within microseconds or milliseconds (or, in the technical jargon, with extremely low latency). There is no universal or legal definition of HFT, however. Neither the Securities and Exchange Commission (SEC), which oversees securities markets, nor the Commodity Futures Trading Commission (CFTC), which regulates most derivatives trading, have specifically defined the term. By most accounts, high frequency trading has grown...
Department of Labor’s 2015 Proposed Fiduciary Rule: Background and Issues
On April 20, 2015, the Department of Labor (DOL) proposed redefining the term investment advice within pension and retirement plans. Under the Employee Retirement Income Security Act of 1974 (ERISA; P.L. 93-406), a person who provides investment advice has a fiduciary obligation, which means that the person must provide the advice in the sole interest of plan participants. Thus, redefining the term investment advice could affect who is subject to this fiduciary standard.
Regulations issued in 1975 define investment advice using a five-part test. To be held to ERISA’s fiduciary standard...
Telemarketing Regulation: National and State Do Not Call Registries
Today, it is axiomatic that telemarketers in the United States generally are not permitted to place outgoing telemarketing calls to phone numbers on the National Do Not Call List, unless an exception applies. This was not always the case, however. The National Do Not Call Registry was authorized by Congress and implemented by the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) in response to widespread frustration on the part of citizens with what were perceived to be abusive telemarketing practices. Particularly irritating and invasive were the numerous...
Calling Up Business on the Senate Floor
The Senate takes up measures and matters under procedures set in Senate rules and by long-standing customs, thereby giving it flexibility in setting its floor agenda. This report first treats those processes or customs most often used by the Senate and then discusses some procedures less often used to call up business.
This report will be revised as events warrant.
FY2015 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and is funded at $14.4 billion for FY2015. It is designed to provide supplementary educational and related services to low-achieving and other students attending pre-kindergarten through grade 12 schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of Education (ED) determines Title I-A...
Supreme Court Vacancies: Frequently Asked Questions
The unexpected death of Supreme Court Justice Antonin Scalia on February 13, 2016—in the middle of the Supreme Court’s October 2015 term—has prompted questions about the process for filling the vacancy and how the Court will proceed in hearing cases and issuing opinions. These questions pertain to the constitutional role of the President and Senate in filling Supreme Court vacancies, whether and when the President and the Senate must act, and how the Supreme Court may proceed in hearing cases and issuing opinions with a vacant seat. This report provides answers to frequently asked legal...
Offender Reentry: Correctional Statistics, Reintegration into the Community, and Recidivism
The number of people incarcerated in the United States grew steadily for nearly 30 years. That number has been slowly decreasing since 2008, but as of 2014 there were still over 2 million people incarcerated in prisons and jails across the country. The Bureau of Justice Statistics (BJS) reports that between 1990 and 2014 an average of 594,600 inmates have been released annually from state and federal prisons and almost 5 million ex-offenders are under some form of community-based supervision.
Nearly all prisoners will return to their communities as some point. Offender reentry can include...
Taxation of Credit Unions: In Brief
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Credit unions are financial cooperatives organized by people with a common bond; they are the only depository institutions exempt from the federal corporate income tax. As financial cooperatives, credit unions only accept deposits of members and make loans only to members, other credit unions, or credit union organizations. At the inception of the federal income tax, credit unions along with thrifts and other mutual financial institutions were exempt from federal tax. Subsequent developments have seen thrifts and other mutual financial institutions lose their exemption....
Tax Provisions that Expired in 2014 (“Tax Extenders”)
In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Fifty-two temporary tax provisions expired at the end of 2014. All of these provisions were either temporarily or permanently extended as part of the Consolidated Appropriations Act, 2016 (P.L. 114-113), signed into law on December 18, 2015. Unlike previous tax extenders legislation, P.L. 114-113 made a number of provisions permanent, and provided longer-term extensions for other provisions. This report...
Congressional Efforts to Amend Title I of the Toxic Substances Control Act (TSCA)
This report examines selected differences between the House and the Senate legislation that would amend Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601-2629). Title I of TSCA is the principal federal statute that applies to the regulation of the lifecycle of commercial chemicals from their manufacture (defined to include importation) to disposal if elements of the lifecycle are found to present unreasonable risks.
Telehealth and Telemedicine: Description and Issues
Telehealth is the use of electronic information and telecommunications technologies to support remote clinical health care, patient and professional health-related education, public health, and other health care delivery functions. A narrower concept, telemedicine, refers to clinical services that are provided remotely via telecommunications technologies. Some sources use the two terms interchangeably, and there is no consensus among federal programs and among health care providers on the definition of either term.
Federal involvement in telehealth is varied. As of 2014, more than 20...
The Pacific Alliance: A Trade Integration Initiative in Latin America
The Pacific Alliance is a regional integration initiative formed by Chile, Colombia, Mexico, and Peru on April 28, 2011. Its main purpose is for members to form a regional trading bloc and forge stronger economic ties with the Asia-Pacific region. Costa Rica and Panama are candidates to become full members once they meet certain requirements. The United States joined the Alliance as an observer on July 18, 2013. The United States has free trade agreements with all four countries and has significant trade and foreign policy ties with the region. The Pacific Alliance is of interest to...
This report compares H.R. 2576, the TSCA Modernization Act of 2015, as passed by the House on June 23, 2015, and the Senate’s substitute amendment (S.Amdt. 2932) to H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, as passed by the Senate on December 17, 2015. The Senate amendment is based, in part, on S. 697, as reported by the Senate Committee on Environment and Public Works on April 28, 2015.
The House bill and the Senate amendment would amend Title I of the Toxic Substances Control Act (TSCA). Enacted in 1976, TSCA is the primary federal law that authorizes...
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress
Article V of the U.S. Constitution provides two ways to amend the nation’s fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure that has been used for all 27 current amendments. Alternatively, on the application of the legislatures of two-thirds of the states, 34 at present, Article V directs that Congress “shall call a Convention for proposing Amendments....” This alternative, known as an “Article V Convention,” has yet to be implemented. This report examines the Article V Convention alternative, focusing on...
Additional U.S. Ground Troops to Counter the Islamic State? Five Questions
This report addresses common questions regarding Operation Inherent Resolve (OIR)--the military campaign to counter the Islamic State (IS)--which has three primary components: coordinated air strikes, training and equipping local security forces, and targeted special operations based out of northern Iraq.
Burma’s 2015 Parliamentary Elections: Issues for Congress
The landslide victory of Aung San Suu Kyi’s National League for Democracy (NLD) in Burma’s November 2015 parliamentary elections may prove to be a major step in the nation’s potential transition to a more democratic government. Having won nearly 80% of the contested seats in the election, the NLD has a majority in both chambers of the Union Parliament, which gave it the ability to select the President-elect, as well as control of most of the nation’s Regional and State Parliaments.
Burma’s 2008 constitution, however, grants the Burmese military, or Tatmadaw, widespread powers in the...
Pipeline Transportation of Natural Gas and Crude Oil: Federal and State Regulatory Authority
New technologies such as hydraulic fracturing and directional drilling have dramatically increased U.S. production of natural gas and crude oil from shales and other unconventional formations. As a result, companies have invested in new pipeline infrastructure to transport these resources from producing regions to domestic and foreign consuming markets. Siting, construction, operation, and maintenance of this infrastructure may raise environmental, health, and safety concerns, particularly when oil or gas moves by pipeline through heavily populated areas. Such concerns may prompt...
DHS Appropriations FY2016: Research and Development, Training, and Services
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the fourth title of the homeland security appropriations bill—U.S. Citizenship and Immigration Services (USCIS), the Federal Law Enforcement Training Center (FLETC), the Science and Technology Directorate (S&T), and the Domestic Nuclear Detection Office (DNDO). Collectively, Congress has labeled these components in appropriations acts in recent years as “Research and Development,...
U.S. Trade Concepts, Performance, and Policy: Frequently Asked Questions
Congress plays a major role in U.S. trade policy through its legislative and oversight authority. There are a number of major trade issues that are currently the focus of Congress. For example, bills were introduced in the 113th Congress to reauthorize Trade Promotion Authority (TPA), the U.S. Generalized System of Preferences (GSP), and the U.S. Export-Import Bank, and legislative action on these issues could be forthcoming in the 114th Congress. Additionally, Congress has been involved with proposed free trade agreements (FTAs), including the Trans-Pacific Partnership (TPP) involving the...
President Obama's Historic Visit to Cuba
This report briefly discusses the details of President Obama's visit to Cuba. Before the trip, the White House set forth the goals of the visit, stating that the President would build on progress toward normalizing relations, including advancing commercial and people-to-people ties and expressing support for human rights.
Excise Tax on High-Cost Employer-Sponsored Health Coverage: In Brief
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a 40% excise tax on high-cost employer-sponsored health coverage. This excise tax is often called the Cadillac tax. Under the ACA, the excise tax was to be implemented beginning in 2018; however, the Consolidated Appropriations Act of 2016 (P.L. 114-113) delays implementation until 2020.
The excise tax applies to the aggregate cost of an employee’s applicable coverage that exceeds a dollar limit. Applicable coverage includes, but is not limited to, the employer’s and the employee’s contribution to...
The Chinese Military: Overview and Issues for Congress
China is building a modern and regionally powerful military with a limited but growing capability for conducting operations away from China’s immediate periphery. The question of how the United States should respond to China’s military modernization effort is a central issue in U.S. defense planning and foreign policy. Congress’s decisions on this issue could affect U.S. defense strategy, budgets, plans, and programs, and the U.S. defense industrial base.
China has engaged in a sustained and broad effort over more than 25 years to transform its military, the People’s Liberation Army (PLA),...
The Federal Budget: Overview and Issues for FY2017 and Beyond
The federal budget is a central component of the congressional “power of the purse.” Each fiscal year, Congress and the President engage in a number of practices that influence short- and long-run revenue and expenditure trends. This report offers context for the current budget debate, and tracks legislative events related to the federal budget as they occur.
In recent years, policies enacted to decrease spending, along with a stronger economy, have led to reduced budget deficits. The Budget Control Act of 2011 (BCA; P.L. 112-25) implemented several measures intended to reduce the deficit...
Financial Services and Cybersecurity: The Federal Role
Multiple federal and state regulators oversee companies in the financial services industry. Regulatory authority is often directed at particular functions or financial services activities rather than at particular entities or companies. It is, therefore, likely that a financial services company with multiple product lines—deposits, securities, insurance—will find that it must answer to different regulators with respect to particular aspects of its operations. Five federal agencies oversee depository institutions, two regulate securities, several agencies have discrete authority over...
The child tax credit is intended to help ease the financial burden on families when they have children. The credit offsets a taxpayer’s federal income tax liability and also includes a refundable portion that may be claimed by taxpayers with little or no tax liability. The refundable portion is known as the additional child tax credit (ACTC).
To claim the child tax credit (including the ACTC), the taxpayer must provide a taxpayer identification number for the taxpayer, his or her spouse if married filing jointly, and any children. These identification numbers can be Social Security...
Electricity Markets—Recent Issues in Market Structure and Energy Trading
Electricity today is widely viewed as a commodity. As a commodity, electricity is bought and sold as power (measured in kiloWatts or MegaWatts) and energy (measured in kiloWatt-hours), with various attributes being traded in electricity markets. The importance of transparency in wholesale electricity markets was underscored by the Energy Policy Act of 2005 (P.L. 109-58), which aimed to facilitate price transparency in interstate markets for the sale and transmission of electric energy, and to prohibit energy market manipulation.
Regional Transmission Organizations (RTOs) are regional...
The Child Support Enforcement Program: A Legislative History
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program (Title IV-D of the Social Security Act, P.L. 93-647). It is intended to help strengthen families by securing financial support for children from their noncustodial parent on a consistent and continuing basis and by helping some of these families to remain self-sufficient and off public assistance. Child support payments enable parents who do not live with their children to fulfill their financial responsibility to them by contributing to the payment of childrearing costs.
When the program was first...
Justice Antonin Scalia: His Jurisprudence and His Impact on the Court
On February 13, 2016, Justice Antonin Scalia passed away unexpectedly at the age of 79, vacating a seat on the Supreme Court which he had held for nearly 30 years. Justice Scalia’s lengthy tenure on the Court, coupled with his strongly held views on how constitutional and statutory texts are to be interpreted, led him to have significant influence on the development of the jurisprudence of various areas of law. He was also an active speaker and author outside the Court, having, among other things, recently coauthored a book which sought to articulate interpretative canons that would, in...
Burma's Union Parliament Selects New President
This report discusses implications of the Union Parliament's selection of Htin Kyaw, childhood friend and close advisor to Aung San Suu Kyi, to serve as the nation's first President since 1962 who has not served in the military.
Tax Reform in the 114th Congress: An Overview of Proposals
Many agree that the U.S. tax system is in need of reform. Congress continues to explore ways to make the U.S. tax system simpler, fairer, and more efficient. Identifying and enacting policies that will result in a simpler, fairer, and more efficient tax system remains a challenge.
On December 10, 2014, the chairman of the House Committee on Ways and Means introduced a comprehensive tax reform proposal, the Tax Reform Act of 2014 (H.R. 1). The bill proposed substantial changes to both the individual and corporate income tax systems, reducing statutory tax rates for many taxpayers, while...
Access to Government Information in the United States: A Primer
No provision in the U.S. Constitution expressly establishes a procedure for public access to executive branch records or meetings. Congress, however, has legislated various public access laws. Among these laws are two records access statutes, the Freedom of Information Act (FOIA; 5 U.S.C. §552), and the Privacy Act (5 U.S.C. §552a), and two meetings access statutes, the Federal Advisory Committee Act (FACA; 5 U.S.C. App.), and the Government in the Sunshine Act (5 U.S.C. §552b). These four laws provide the foundation for access to executive branch information in the American federal...
Aliens’ Right to Counsel in Removal Proceedings: In Brief
The scope of aliens’ right to counsel in removal proceedings is a topic of recurring congressional and public interest. This topic is complicated, in part, because the term right to counsel can refer to either (1) the right to counsel of one’s own choice at one’s own expense, or (2) the right of indigent persons to counsel at the government’s expense. A right to counsel can also arise from multiple sources, including the Fifth and Sixth Amendments to the U.S. Constitution, the Immigration and Nationality Act (INA), other federal statutes, and federal regulations. Further, in some cases,...
DHS Appropriations FY2016: Departmental Management and Operations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the first title of the homeland security appropriations bill—the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the DHS headquarters consolidation project, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General for the department....
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
The Former Presidents Act (FPA; 3 U.S.C. §102 note) was enacted to “maintain the dignity” of the Office of the President. The act provides the former President—and his or her spouse—certain benefits to help him respond to post-presidency mail and speaking requests, among other informal public duties often required of a former President. Prior to enactment of the FPA in 1958, former Presidents leaving office received no pension or other federal assistance. The FPA charges the General Services Administration (GSA) with providing former U.S. Presidents a pension, support staff, office...
Nominations to the Supreme Court During Presidential Election Years (1900-Present)
This report provides data and analysis related to nominations made to the Supreme Court during presidential election years from 1900 to the present.
Nominations to the Supreme Court During Years of Divided and Unified Party Government
This report provides data and analysis related to nominations made to the Supreme Court during years of unified and divided party government.
Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement, In Brief
The Foreign Corrupt Practices Act of 1977 (FCPA) was enacted principally to prevent corporate bribery of foreign officials. This act had three major parts: (1) it required the keeping by corporations of accurate books, records, and accounts; (2) it required issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and (3) it prohibited bribery by American corporations of foreign officials.
For a number of years after passage of the act, Congress debated amending it in response to numerous criticisms. On August 23, 1988, the...
Five Years of the Budget Control Act’s Disaster Relief Adjustment
Signed into law on August 2, 2011, the Budget Control Act (P.L. 112-25, or BCA) established a set of limits on federal spending, as well as a set of mechanisms to adjust those limits to accommodate special categories of spending that has special priority. One of these mechanisms—a limited allowable adjustment to pay for the congressionally designated costs of major disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter “the disaster relief allowable adjustment” or “allowable adjustment”)—represented a new approach to paying for disaster relief. By...
The March 2016 Nuclear Security Summit
This report discusses the Nuclear Security Summit (NSS), a biennial summit which aims to focus global attention at the highest level of government on the threat of nuclear terrorism.
U.S. Immigration Policy: Chart Book of Key Trends
This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country. The report offers snapshots of time series data, using the most complete and consistent time series currently available for each statistic. The key findings and elements germane to the data depicted are...
Wartime Detention Provisions in Recent Defense Authorization Legislation
In recent years, Congress has included provisions in annual defense authorization bills addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and, more broadly, the disposition of persons captured in the course of hostilities against Al Qaeda and associated forces. The National Defense Authorization Act for FY2012 (2012 NDAA; P.L. 112-81) arguably constituted the most significant legislation informing wartime detention policy since the 2001 Authorization for the Use of Military Force (AUMF; P.L. 107-40), which serves as the primary legal authority for...
Legal Issues with Federal Labeling of Genetically Engineered Food: In Brief
Genetically engineered (GE) foods, sometimes referred to as genetically modified foods (GMO foods), are foods that are derived from scientific methods used to introduce new traits or characteristics to an organism. The labeling of GE foods has been the subject of debate among members of the general public and federal and state governments since the introduction of GE foods to the food supply in the 1990s.
Federal law does not impose specific labeling requirements on a food just because it may or may not contain GE ingredients or was derived using GE techniques. The Food and Drug...
Poland and Its Relations with the United States
Over the past 25 years, the relationship between the United States and Poland has been close and cooperative. The United States strongly supported Poland’s accession to the North Atlantic Treaty Organization (NATO) in 1999 and backed its entry into the European Union (EU) in 2004. In recent years, Poland has made significant contributions to U.S.- and NATO-led military operations in Iraq and Afghanistan, and Poland and the United States continue working together on issues such as democracy promotion, counterterrorism, and improving NATO capabilities.
Given its role as a close U.S. ally...
Veterans’ Benefits: Burial Benefits and National Cemeteries
Burial benefits are nonmonetary and monetary benefits that eligible veterans receive for their military service. Servicemembers and veterans have been provided nonmonetary burial benefits since the Civil War and monetary burial benefits since World War I.
Eligible veterans and active duty members of the Armed Forces can be interred in national cemeteries and can receive government-furnished headstones or markers, and in their honor, next of kin can receive presidential memorial certificates and burial flags. Their spouses or surviving spouses, minor children, and, under certain conditions,...
Veterans’ Medical Care: FY2016 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). This report focuses on funding for the VHA.
The President submitted his FY2016 budget request to Congress on February 2, 2015. The President’s request for the VHA is approximately $60.6...
The Ryan White HIV/AIDS Program: Overview and Impact of the Affordable Care Act
The Ryan White HIV/AIDS Program makes federal funds available to eligible metropolitan areas, states, and local community-based organizations to assist with health care costs and support services for individuals and families affected by the human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). The Ryan White HIV/AIDS Program reports that in 2014 it served 512,214 low-income people with HIV/AIDS in the United States, 25.4% of whom were uninsured and 64.2% of whom were living at or below 100% of the federal poverty level.
The Ryan White HIV/AIDS Program is...
Iraq’s sectarian and ethnic divisions—muted toward the end of the 2003-2011 U.S. military intervention in Iraq—are fueling a major challenge to Iraq’s stability and to U.S. policy in Iraq and the broader Middle East region. The resentment of Iraq’s Sunni Arabs toward the Shiite-dominated central government facilitated the capture in 2014 of nearly one-third of Iraqi territory by the Sunni Islamist extremist group called the Islamic State (IS, also known as ISIL, ISIS, or the Arabic acronym Da'esh). Iraq’s Kurds are separately embroiled in political, territorial, and economic disputes with...
Daylight Saving Time (DST) is a period of the year between spring and fall when clocks in the United States are set one hour ahead of standard time. DST is currently observed in the United States from 2:00 a.m. on the second Sunday in March until 2:00 a.m. on the first Sunday in November. The following states and territories do not observe DST: Arizona (except the Navajo Nation, which does observe DST), Hawaii, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands.
The Aliso Canyon Natural Gas Leak: State and Federal Response and Oversight
This report briefly discusses the large, uncontrollable natural gas leak in the Aliso Canyon Underground Storage Facility near the Porter Ranch community in Los Angeles County, California, which occurred between October 23, 2015, and February 11, 2016.
Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling
Since the final rule to implement country-of-origin labeling (COOL) took effect in March 2009, most retail food stores have been required to inform consumers about the country of origin of fresh fruits and vegetables, fish, shellfish, peanuts, pecans, macadamia nuts, ginseng, and ground and muscle cuts of beef, pork, lamb, chicken, and goat. The rules were required by the 2002 farm bill (P.L. 107-171) as amended by the 2008 farm bill (P.L. 110-246). COOL for beef and pork resulted in a World Trade Organization (WTO) dispute settlement case with Canada and Mexico that started in 2009 and...
ESEA Title I-A Formulas: In Brief
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and is funded at $14.9 billion for FY2016. It is designed to provide supplementary educational and related services to low-achieving and other students attending pre-kindergarten through grade 12 schools with relatively high concentrations of students from low-income families. Under current law, the U.S. Department of Education (ED) determines Title I-A...
Clean Water Act Section 401: Background and Issues
Section 401 of the Clean Water Act (CWA) requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the act, including state-established water quality standard requirements. Disputes have arisen over the states’ exercise of this authority in protecting water quality. For the most part, the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision, which upheld the states’ authority in this area, dismayed development and hydropower interest...
Section 202 and Other HUD Rental Housing Programs for Low-Income Elderly Residents
The population of persons age 65 and older in the United States is expected to grow both in numbers and as a percentage of the total population over the coming years, through 2030. In 2002, a bipartisan commission created by Congress issued a report, A Quiet Crisis in America, that detailed the need for affordable assisted housing and supportive services for elderly persons and the shortage the country will likely face as the population ages. The Department of Housing and Urban Development (HUD) operates a number of programs that provide assisted housing and supportive services for...
First-Term Members of the House of Representatives and Senate, 64th-114th Congresses
This report provides summary data on the number of Senators and Members of the House of Representatives who first entered Congress between the 64th Congress (1915-1917) and the 114th Congress (2015-2016). First-term membership is divided into two broad categories in each chamber: Members chosen prior to the convening of a Congress, and those chosen after a Congress convenes. The resulting data, combining pre-convening and post-convening first-term Members, provide a count of all Members who served a first term in the House or Senate.
Since the convening of the 64th Congress, 4,201...
Canadian Prime Minister Trudeau's State Visit, March 2016
This report briefly discusses Canadian Prime Minister Justin Trudeau's scheduled visit to the United States on March,10 2016. It will be the first state visit by a Canadian leader since 1997, when then-President Clinton hosted then-Prime Minister Jean Chrétien.
Section 811 and Other HUD Housing Programs for Persons with Disabilities
The ability of persons with disabilities to live independently in affordable, accessible housing became a prominent issue starting in 1999 as the result of a Supreme Court decision, Olmstead v. L.C. The court held that institutionalization of persons with mental disabilities in lieu of community-based care may constitute discrimination. Shortly after the Olmstead decision, on February 1, 2001, President George W. Bush announced the New Freedom Initiative, an effort through multiple federal agencies to ensure full participation in society of persons with disabilities. Part of the New...
On August 5, 2015, an accidental spill from the Gold King Mine, a long-abandoned gold mine site in Colorado, released an estimated three million gallons of acid mine drainage (AMD) wastewater into a tributary of the Animas River. The Colorado spill has raised interest in facilitating cleanup of legacy pollution at inactive and abandoned mine sites, especially hardrock mines such as Gold King, in order to prevent similar accidents. Several federal agencies have authority to clean up abandoned mines on public lands, but resources are limited, and most sites on private lands are not included....
Expedited Removal Authority for VA Senior Executives (38 U.S.C. § 713): Selected Legal Issues
This report discusses selected legal issues relating to the authority for summary removal of individuals in senior executive positions at the Department of Veterans Affairs. Section 707 of the Veterans Access, Choice, and Accountability Act, P.L. 113-146, enacted on August 7, 2014, created this authority by adding Section 713 to Title 38 of the United States Code. It authorizes the Secretary of Veterans Affairs to remove an individual in a senior executive position from federal service or transfer him or her to a position in the General Schedule if the Secretary determines that the...
Heroin Production in Mexico and U.S. Policy
This report discusses Mexico's role as an illicit drug suppler to the U.S, specifically focusing on Heroin production and trafficking.
Encryption: Selected Legal Issues
In 2014, three of the biggest technology companies in the United States—Apple, Google, and Facebook—began encrypting their devices and communication platforms by default. These security practices renewed fears among government officials that technology is thwarting law enforcement access to vital data, a phenomenon the government refers to as “going dark.” The government, speaking largely through Federal Bureau of Investigations (FBI) Director James Comey, has suggested that it does not want to ban encryption technology, but instead wants Silicon Valley companies to provide a technological...
U.S.-EU Cooperation Against Terrorism
The September 11, 2001, terrorist attacks on the United States and the subsequent revelation of Al Qaeda cells in Europe gave new momentum to European Union (EU) initiatives to combat terrorism and improve police, judicial, and intelligence cooperation among its member states. Other deadly incidents in Europe, such as the Madrid and London bombings in 2004 and 2005, respectively, injected further urgency into strengthening EU counterterrorism capabilities. Among other steps, the EU has established a common definition of terrorism and a common list of terrorist groups, an EU arrest warrant,...
Lead in Flint, Michigan's Drinking Water: Federal Regulatory Role
This report discusses the federal regulatory role in regards to drinking water, more specifically in the context of the Flint water crisis. EPA's current Flint responses include providing technical assistance for water testing and treatment, conducting water monitoring, and identifying lead service line locations.
Child Support: An Overview of Census Bureau Data on Recipients
The national Census Bureau data show that in 2013, 13.4 million parents had custody of children under the age of 21 while the other parent lived elsewhere, and the aggregate amount of child support received was $22.5 billion. In 2013, almost 83% of custodial parents were mothers. Of all custodial parents, 48% were white (non-Hispanic), 25% were black, 23% were Hispanic, 16% were married, 33% were divorced, 38% were never married, 13% did not have a high school diploma, almost 20% had at least a bachelor’s degree, 50% worked full-time year-round, 29% had family income below poverty, and...
Transatlantic Trade and Investment Partnership (T-TIP) Negotiations
The Transatlantic Trade and Investment Partnership (T-TIP) is a potential reciprocal free trade agreement (FTA) that the United States and the European Union (EU) are negotiating with each other. Formal negotiations commenced in July 2013. Both sides initially aimed to conclude the negotiations in two years, but more recently have updated their timeline and aim to conclude the T-TIP by the end of 2016. Twelve rounds of T-TIP negotiations have occurred to date.
The United States and EU seek to enhance market access and trade disciplines by addressing remaining transatlantic barriers to...
International Trade and Finance: Key Policy Issues for the 114th Congress, 2nd Session
The U.S. Constitution grants authority to Congress to regulate commerce with foreign nations. Congress exercises this authority in numerous ways, including through oversight of trade policy and consideration of legislation to approve trade agreements and authorize trade programs. Policy issues cover such areas as U.S. trade negotiations, U.S. trade and economic relations with specific regions and countries, international institutions focused on trade, tariff and nontariff barriers, worker dislocation due to trade liberalization, trade remedy laws, import and export policies, international...
Rural Water Supply and Sewer Systems: Background Information
The Safe Drinking Water Act and the Clean Water Act impose requirements regarding drinking water quality and wastewater treatment in rural as well as urban areas of the United States. Approximately 19% of the U.S. population lives in areas defined by the Census Bureau as rural. Many rural communities need to complete water and waste disposal projects to improve the public health and environmental conditions of their citizens. Small water infrastructure systems often have higher rates of noncompliance than larger systems. In addition, because small systems generally lack economies of scale,...
Nutrients in Agricultural Production: A Water Quality Overview
Nutrients are elements essential to plant and animal growth. In agricultural production, the focus generally rests on the three primary macronutrients––nitrogen (N), phosphorus (P), and potassium (K)—because of their relative abundance in plants. As crops grow and are harvested, they gradually remove the existing nutrients from the soil and over time will require additional nutrients to maintain or increase crop yield. When nutrients are added in excess of the plants’ ability to utilize them, there is an increased risk that the nutrients will enter the surrounding environment (water or...
Temporary Assistance for Needy Families and Related Programs: The President’s FY2017 Budget Proposal
On Monday, February 22, 2016, the Supreme Court heard oral arguments in Kingdomware Technologies, Inc. v. United States, a case that raises the question of whether the Department of Veterans Affairs (VA) is legally required to make certain purchases through a “set aside” for veteran-owned small businesses (VOSBs). A set-aside is a competition in which only eligible small businesses may generally participate.
Congress amended the Small Business Act in 1999 to establish goals for the percentage of federal contract dollars awarded to one type of VOSBs: service-disabled veteran-owned small...
Perspectives on Federal Cybersecurity Spending
The federal government invests significant resources in cybersecurity across every agency through a variety of activities. Although a methodologically rigorous total for these investments has not been calculated and may not be possible, an understanding of how the federal government applies resources to protect U.S. public and private sector data and networks from cyberattacks is necessary for Congress to provide constructive oversight of those efforts.
This report considers federal cybersecurity investments in three broad categories:
Agency spending to protect its own systems, networks,...
The Death of Justice Scalia: Procedural Issues Arising on an Eight-Member Supreme Court
On February 13, 2016, Justice Antonin Scalia unexpectedly passed away at the age of 79, vacating a seat on the Supreme Court that he had held for nearly 30 years. Supreme Court vacancies that arise in presidential election years rarely occur, and have in the past led to a seat on the Court staying open for extended periods of time. With suggestions that Justice Scalia’s successor may not be confirmed for several months, let alone before the fall election, a possibility exists that Justice Scalia’s seat on the High Court may remain open for an extended period of time, including throughout...
Daily Fantasy Sports: Industry Trends, Legal and Regulatory Issues, and Policy Options
Daily fantasy sports (DFS) companies, which operate online gaming platforms that allow players to assemble imaginary sports teams and compete in daily or weekly contests, function in a gray area of the law. The federal government does not license or regulate them. State governments have the main responsibility for regulating gaming activities that offer the prospect of monetary rewards, but a series of federal laws, most recently the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA; P.L. 109-347), may limit states’ ability to oversee DFS. The 2006 law, however, was enacted at a...
Local Food Systems: Selected Farm Bill and Other Federal Programs
Sales of locally produced foods comprise a small but growing part of U.S. agricultural sales. Estimates vary but indicate that local food sales total between $4 billion to $12 billion annually. The U.S. Department of Agriculture (USDA) estimates that local food sales totaled $6.1 billion in 2012, reflecting sales from nearly 164,000 farmers selling locally marketed foods. This represents 8% of U.S. farms, and an estimated 1.5% of the value of total U.S. agricultural production. Most (85%) of all local-food farms are smaller in size, with gross revenues under $75,000.
Local and regional...
Department of Veterans Affairs FY2016 Appropriations: In Brief
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA).
The President submitted his FY2016 budget request to Congress on February 2, 2015. The President requested $164.6 billion for VA. This amount includes $70.1 billion for VA discretionary programs...
An Examination of Federal Disaster Relief Under the Budget Control Act
On August 2, 2011, the President signed into law the Budget Control Act of 2011 (BCA, P.L. 112-25), which included a number of budget-controlling mechanisms. As part of the legislation, caps were placed on discretionary spending for the next ten years, beginning with FY2012. If these caps are exceeded, the BCA provides for an automatic rescission—known as sequestration—to take place across most discretionary budget accounts to reduce the effective level of spending to the level of the cap. Additionally, special accommodations were made in the BCA to address the unpredictable nature of...
Agriculture and Related Agencies: FY2016 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development since mandatory amounts generally are set by authorizing laws such as the farm bill.
The largest discretionary spending items are the Special Supplemental Nutrition Program for Women,...
FY2016 Agriculture and Related Agencies Appropriations: In Brief
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development since mandatory amounts generally are set by authorizing laws such as the farm bill.
The largest discretionary spending items are the Special Supplemental Nutrition Program for Women,...
An estimated 6.5 million individuals currently abuse prescription drugs in the United States. Unlike policy on street drugs, federal policy on prescription drug abuse is complicated by the need to maintain access to prescription controlled substances (PCS) for legitimate medical use. The federal government has several roles in reducing prescription drug abuse.
Coordination. The Office of National Drug Control Policy (ONDCP) coordinates and tracks prescription drug abuse reduction efforts and funding of multiple federal agencies.
Regulation. The primary federal statutes governing...
Health Care for Veterans: Suicide Prevention
This report focuses on suicide prevention activities of the Veterans Health Administration (VHA) within the Department of Veterans Affairs (VA). The VHA’s approach to suicide prevention is based on a public health framework, which has three major components: (1) surveillance, (2) risk and protective factors, and (3) interventions.
Surveillance, or systematic collection of data on completed (i.e., fatal) suicides, is essential to define the scope of the problem (i.e., the suicide rate among veterans), identify characteristics associated with higher or lower risk of suicide, and track...
Court-Ordered Access to Smart Phones: In Brief
The tension between the benefits and challenges of encryption has been an issue for law enforcement and policymakers since the 1990s, and was reinvigorated in 2014 when companies like Apple and Google implemented automatic enhanced encryption on mobile devices and certain communications systems. Companies using such strong encryption do not maintain “back door” keys and, therefore, now cannot easily unlock, or decrypt, the devices—not even when presented with a valid legal order. Law enforcement concerns about the lack of back door keys were highlighted by the November and December 2015...
The Budget Reconciliation Process: Timing of Legislative Action
The budget reconciliation process is an optional procedure under the Congressional Budget Act of 1974 that operates as an adjunct to the annual budget resolution process. The chief purpose of the reconciliation process is to enhance Congress’s ability to change current law in order to bring revenue and spending levels into conformity with the policies of the budget resolution. Accordingly, reconciliation may be the most potent budget enforcement tool available to Congress for a large portion of the budget.
Reconciliation is a two-stage process in which reconciliation instructions are...
The filibuster (extended debate) is the Senate’s most well-known procedure. Hollywood even highlighted its use in a famous 1939 movie entitled Mr. Smith Goes to Washington, starring actor Jimmy Stewart in the title role of Senator Jefferson Smith. Lengthy debate has many virtues (informing the public, for example) but the blocking potential of interminable debate has often made the filibuster a target for change by reform-minded Senators. Rule XXII requires 60 votes of Senators duly chosen and sworn to end debate on measures or motions—“except on a measure or motion to amend the Senate...
Crude Oil Exports and Related Provisions in P.L. 114-113: In Brief
On December 18, 2015, Congress passed the Consolidated Appropriations Act, 2016 (H.R. 2029), which was signed by the President and became P.L. 114-113. Included in P.L. 114-113 is a provision that repeals Section 103 of the Energy Policy and Conservation Act of 1975 (EPCA; P.L. 94-163), which directs the President to promulgate a rule prohibiting crude oil exports. For nearly four decades, repeal of EPCA was generally not a policy issue since oil production was declining and imports were rising. However, increasing U.S. light oil production starting in the 2010/2011 timeframe, projected...
Overview of Labor Enforcement Issues in Free Trade Agreements
Since 1993, the Administration has negotiated and Congress has approved 13 free trade agreements (FTAs) with labor provisions, and is considering additional FTAs. Based on similarity of language, these FTAs can be sorted into four groups, or “models,” which have evolved to contain successively greater levels of enforceability. This report first identifies the enforceable labor provisions in each model. Second, it identifies two types of labor enforcement issues: (1) those that relate to the FTA provisions themselves, including their definitions and their enforceability, and (2) those that...
Legal Issues Associated with FDA Standards of Identity: In Brief
Standards of identity for foods overseen by the Food and Drug Administration (FDA) generally define the composition of a food, prescribing both mandatory and optional ingredients and fixing the relative proportions of each ingredient. This report addresses the following legal issues associated with the promulgation and enforcement of standards of identity for foods.
Section 401 of the Federal Food, Drug, and Cosmetic Act (FFDCA) establishes the legal authority for the FDA to promulgate standards of identity for food. According to this statutory authority, a standard of identity for a...
The federal government levies an excise tax on various motor fuels. Under current law, the tax rate is 18.3 cents per gallon on gasoline and 24.3 cents per gallon on diesel fuel. A 0.1 cents per gallon tax is also levied on top of these fuel tax rates to help fund expenses associated with fuel regulation. These rates are not automatically adjusted for inflation. Specific tax rates also apply to special motor fuels. Under current law, federal motor fuels excise tax collections are credited to two federal spending accounts: the Highway Trust Fund (HTF) and the Leaking Underground Storage...
The Elementary and Secondary Education Act (ESEA) was initially enacted in 1965 (P.L. 89-10). Since then, there have been 13 major reauthorizations of the ESEA, with the most recent reauthorization occurring in 2015 with the Every Student Succeeds Act (ESSA, P.L. 114-95). This report provides information on the votes taken in the House and Senate in the committees of jurisdiction and on the House and Senate floors prior to and following conference proceedings for the ESEA of 1965 and subsequent major reauthorizations.
The report also provides vote information on comprehensive ESEA...
Encryption and Evolving Technology: Implications for U.S. Law Enforcement Investigations
Because modern-day criminals are constantly developing new tools and techniques to facilitate their illicit activities, law enforcement is challenged with leveraging its tools and authorities to keep pace. For instance, interconnectivity and technological innovation have not only fostered international business and communication, they have also helped criminals carry out their operations. At times, these same technological advances have presented unique hurdles for law enforcement and officials charged with combating malicious actors.
Technology as a barrier for law enforcement is by no...
The Role of Local and Regional Food Systems in U.S. Farm Policy
Sales of locally produced foods comprise a small but growing part of U.S. agricultural sales. Estimates vary but indicate that local food sales total between $4 billion and $12 billion annually. The U.S. Department of Agriculture (USDA) estimates that local food sales totaled $6.1 billion in 2012, reflecting sales from nearly 164,000 farmers selling locally marketed foods. This represents 8% of U.S. farms and an estimated 1.5% of the value of total U.S. agricultural production. Most (85%) of all local-food farms are smaller in size, with gross revenues under $75,000.
A wide range of farm...
Recovery Act Funding for DOE Carbon Capture and Sequestration (CCS) Projects
Federal policymakers have long been interested in the potential of carbon capture and sequestration (CCS) as a mitigation strategy for lowering global emissions of carbon dioxide (CO2). Congress has appropriated more than $7 billion since FY2008 to CCS activities at the U.S. Department of Energy (DOE). The Obama Administration has promulgated rules on CO2 emissions from fossil fuel-burning power plants and entered into a global agreement to limit CO2 emissions. Congress remains divided over those executive branch decisions. DOE, however, has continued to embrace CCS as part of the...
On December 4, 2015, President Barack Obama signed the Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94). The act authorized spending on federal highway and public transportation programs, surface transportation safety and research activities, and rail programs for five years, through September 30, 2020. The act’s authorization totaled roughly $305 billion for FY2016 through FY2020. This included $233 billion for highways and highway safety, $61 billion for public transportation, and more than $10 billion for Amtrak.
Most of the funding for surface transportation bills...
Federal Research and Development Funding: FY2016
President Obama’s budget request for FY2016 included $145.694 billion for research and development (R&D), an increase of $7.625 billion (5.5%) over the estimated FY2015 R&D funding level of $138.069 billion. The request represented the President’s R&D priorities.
Funding for R&D is concentrated in a few departments and agencies. Under President Obama’s FY2016 budget request, seven federal agencies would have received 95.6% of total federal R&D funding, with the Department of Defense (DOD, 49.5%) and the Department of Health and Human Services (HHS, 21.3%) accounting for more than 70% of...
Forest Service Appropriations: Five-Year Data and Trends and FY2017 Budget Request
The Forest Service (FS) is responsible for managing 193 million acres of the National Forest System, as well as for conducting forestry research and providing assistance to state, local, private, and international forest owners. Funding to complete such work is provided through both discretionary and mandatory appropriations.
For FY2016, the FS received $7.065 billion in discretionary and mandatory appropriations. This figure includes funding provided under a $700 million emergency supplemental appropriation for wildfire suppression activities from FY2015. The FY2016 discretionary...
President’s FY2017 Budget for the Centers for Medicare & Medicaid Services (CMS): CRS Experts
Federal law requires the President to submit an annual budget request to Congress no later than the first Monday in February. The budget informs Congress of the President’s overall federal fiscal policy based on proposed spending levels, revenues, and deficit (or surplus) levels. The budget request lays out the President’s relative priorities for federal programs, such as how much should be spent on defense, education, health, and other federal programs. The President’s budget also may include legislative proposals for spending and tax policy changes. Although the President is not required...
FY2016 Changes to DOD's 1033 Program
This report briefly discusses the current status of the Department of Defense's (DOD's) 1033 Program, under which excess DOD property -- such as personal computers, vehicles, and firearms -- are made available to qualified federal, state, local, and tribal law enforcement agencies.
Border Security Metrics Between Ports of Entry
Understanding the risks present at the U.S. borders and developing methods to measure border security are key challenges for the Department of Homeland Security (DHS) and the U.S. Border Patrol, the agency within DHS charged with securing the border between ports of entry. Metrics for border security are used at both the strategic level, by DHS, and at the operational level by Customs and Border Protection (Border Patrol). This report reviews DHS’s and the Border Patrol’s use of metrics in evaluating their objective to secure the border between ports of entry. DHS and the Border Patrol can...
This report briefly provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
To promote energy diversity and improve energy security, Congress has expressed interest in biopower—electricity generated from biomass. Biopower, a baseload power source, can be produced from a large range of biomass feedstocks nationwide (e.g., urban, agricultural, and forestry wastes and residues). The two most common biopower processes are combustion (e.g., direct-fired or co-fired) and gasification, with the former being the most widely used. Proponents have stated that biopower has the potential to strengthen rural economies, enhance energy security, and minimize the environmental...
Biopower: Background and Federal Support
Biopower—a form of renewable energy—is the generation of electric power from biomass feedstocks. In 2014, Biopower comprised about 1.6% of total U.S. electricity generation and accounted for close to 12% of U.S. renewable electricity generation. Its advantages include a potential for baseload power production, greenhouse gas emission reduction, and use of renewable biomass feedstock, among other things. Its disadvantages include uncertain sustainable feedstock supply and infrastructure concerns, among other things.
Recent developments have prompted renewed interest in biopower. For...
Department of Health and Human Services: FY2017 Budget Request
This report provides information about the FY2017 budget request for the Department of Health and Human Services (HHS). It begins by reviewing the department’s mission and structure. This is followed by an overview of the total FY2017 request for the department. Next, the report discusses the concept of the HHS budget as a whole, compared to funding provided to HHS through the annual appropriations process. This distinction is important because certain amounts shown in FY2017 HHS budget materials (including amounts for prior years) will not match amounts provided to HHS by annual...
Department of Housing and Urban Development: FY2016 Appropriations
Most of the funding for the activities of the Department of Housing and Urban Development (HUD) comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD). HUD’s programs are primarily designed to address housing problems faced by households with very low incomes or other special housing needs.
Following enactment of a series of continuing resolutions, on December 18, 2015, President Obama signed the FY2016 Consolidated Appropriations Act into law (P.L....
FY2017 Defense Budget Request: In Brief
The Administration’s FY2017 budget request includes $619.5 billion for national defense of which $590.6 billion is for the Department of Defense (DOD). Of the DOD total, $523.9 billion covers the base budget, discretionary spending subject to the spending caps established for FY2017 by the Balanced Budget Act (BBA) of 2015. An additional $58.8 billion of the DOD total is to support Overseas Contingency Operations (OCO). OCO funding supports the continued U.S. military presence in Afghanistan and assistance to Iraqi and Syrian opposition forces. The OCO request also includes $3.4 billion to...
Federal Grant Financial Reporting Requirements and Databases: Frequently Asked Questions
Congress and federal agencies frequently undertake initiatives to conduct oversight of federal grant programs and expenditures. The ability to oversee is influenced by the existing reporting requirements placed on recipients of federal grant funds. Limitations in accessing information contained in federal databases used to collect grant data also influence the level of transparency into the use of federal grant funds. Congress has also debated the reporting burden placed on federal grant recipients and how to balance grant recipient capacity with the desire for transparency into the use of...
SAMHSA FY2017 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities, such as technical assistance, data collection,...
The Shutdown of the Joint North/South Korean Kaesong Industrial Complex
This report briefly discusses the South Korean government's decision to shut down the Kaesong Industrial Complex (KIC), which is an 11-year-old industrial park located in North Korea just across the demilitarized zone where more than 120 South Korean manufacturers employed over 50,000 North Korean workers.
FY2016 Appropriations for the Census Bureau and Bureau of Economic Analysis
This report discusses FY2016 appropriations (discretionary budget authority) for the Bureau of Economic Analysis (BEA) and Bureau of the Census (Census Bureau), which make up the Economics and Statistics Administration (ESA) in the U.S. Department of Commerce. The report will not be updated.
The FY2016 budget request for ESA (except the Census Bureau) was $113.8 million, $13.8 million (13.8%) over the $100.0 million FY2015-enacted funding level. Of the $113.8 million, the $110.0 million requested for BEA was $13.7 million (14.2%) above the $96.3 million FY2015-enacted amount; the $3.9...
Brazil: Background and U.S. Relations
The United States traditionally has enjoyed robust economic and political relations with Brazil, which is the fifth most populous country and ninth-largest economy in the world. Brazil is recognized by the Obama Administration as a “major global player” and an “indispensable partner” on issues ranging from international development to climate change. Administration officials have often highlighted Brazil’s status as a multicultural democracy, referring to the country as a natural partner that shares values and goals with the United States. Bilateral ties have been strained from time to...
An Overview of USDA Rural Development Programs
More than 88 programs administered by 16 different federal agencies target rural economic development. The United States Department of Agriculture (USDA) administers the greatest number of rural development programs and has the highest average of program funds going directly to rural counties (approximately 50%). The Rural Development Policy Act of 1980 also designated USDA as the lead federal agency for rural development. The Federal Crop Insurance Reform and Department of Agricultural Reorganization Act of 1994 created the Office of the Under Secretary for Rural Development and...
DOE’s Office of Energy Efficiency and Renewable Energy: FY2016 Appropriations
Since 2005, the Energy and Water Development (E&W) appropriations bill has funded all Department of Energy (DOE) programs, including those operated by the Office of Energy Efficiency and Renewable Energy (EERE). That office conducts two types of programs: research and development (R&D), usually conducted in partnership with private sector firms, and grant funds that are distributed to state governments. EERE administers a wide range of R&D programs, each with its own set of goals and objectives.
President Obama has declared energy efficiency and renewable energy to be a high priority,...
Private Health Insurance Market Reforms in the Patient Protection and Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) establishes federal requirements that apply to private health insurance. Its market reforms affect insurance offered to groups and individuals and impose requirements on sponsors of coverage (e.g., employers). In general, all of the ACA’s market reforms are currently effective; some became effective shortly after the ACA was passed in 2010, and others became effective for plan years beginning in 2014.
Although some of the market reforms had previously been enacted in some states, many of the reforms are new at...
Aung San Suu Kyi's Party Takes Control of Parliament in Burma
This report discusses politics and government in Burma following elections in November 2015. Aung San Suu Kyi's National League for Democracy (NLD) has now assumed control of Burma's Union Parliament. The lower chamber (People's Assembly) and the upper chamber (National Assembly) took office on February 1 and 3, 2016, respectively.
The President’s Budget: Overview of Structure and Timing of Submission to Congress
The Budget and Accounting Act of 1921, as amended and later codified in the U.S. Code, requires the President to submit a consolidated federal budget to Congress toward the beginning of each regular session of Congress. Under 31 U.S.C. §1105(a), the President must submit the budget—which contains budgetary proposals, projections, and other required reports—to Congress on or after the first Monday in January, but no later than the first Monday in February.
The President’s budget, or the Budget of the United States Government as it is referred to in statute, is required to include in part...
The Child Tax Credit: Economic Analysis and Policy Options
The child tax credit is currently structured as a $1,000-per-child credit that is partially refundable for lower-income families with more than $3,000 in earnings. Prior to 2001, the child tax credit was a $500-per-child nonrefundable tax credit which generally benefited middle- and upper-middle-income taxpayers.
Since 2001, legislative changes, particularly those made by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA; P.L. 107-16) and the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5), have altered the structure of this tax benefit. Specifically,...
The Trans-Pacific Partnership (TPP): In Brief
The Trans-Pacific Partnership (TPP) is a proposed free trade agreement (FTA) among 12 Asia-Pacific countries, with both economic and strategic significance for the United States. If approved, it would be the largest FTA in which the United States participates. The 12 countries announced the conclusion of the TPP negotiations and released the text of the agreement in late 2015, after several years of ongoing talks. Trade ministers from the TPP countries signed the final agreement on February 4, 2016, but Congress would need to pass implementing legislation for the agreement to enter into...
This report briefly examines renewed tensions between tech companies and the government regarding encryption "back doors" and how quickly-advancing technologies could impact law enforcement investigations.
Department of Housing and Urban Development (HUD): FY2017 Budget Request Overview and Resources
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FY2016 Appropriations for the Department of Justice (DOJ)
The mission of the Department of Justice (DOJ) is to “enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.” DOJ carries out its mission through the activities of agencies and bureaus such as the Federal Bureau of Investigation; the Drug Enforcement Administration; the U.S. Marshals Service; the...
Patent Litigation Reform Legislation in the 114th Congress
This report describes how current patent litigation reform legislation would change existing patent law to address the perceived problems caused by entities that engage in patent litigation tactics that have been criticized as abusive or deceptive. The bills introduced in the 114th Congress include the Innovation Act (H.R. 9), Protecting American Talent and Entrepreneurship Act (PATENT) Act (S. 1137), Demand Letter Transparency Act of 2015 (H.R. 1896), Targeting Rogue and Opaque Letters (TROL) Act (H.R. 2045), and the Support Technology and Research for Our Nation’s Growth (STRONG) Patents...
Senate Committee Rules in the 114th Congress: Key Provisions
Senate Rule XXVI establishes specific requirements for certain Senate committee procedures. In addition, each Senate committee is required to adopt rules to govern its own proceedings. These rules may “not be inconsistent with the Rules of the Senate.” Senate committees may also operate according to additional established practices that are not necessarily reflected in their adopted rules but are not specifically addressed by Senate rules. In sum, Senate committees are allowed some latitude to establish tailored procedures to govern certain activities, which can result in significant...
Is Broadband Deployment Reasonable and Timely?
This report briefly discusses the state of broadband Internet in America as determined by the Federal Communications Commission (FCC) in its latest Broadband Progress Report.
National Commission on the Future of the Army (NCFA): Background and Issues for Congress
Title XVII of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113-291) established the National Commission on the Future of the Army (NCFA) to conduct a comprehensive study of the structure of the Army. The NCFA reported its findings to Congress and the Administration on January 28, 2016, and made a number of recommendations that may or may not be acted upon.
Some have suggested the historical post-war practice of reducing defense budgets contributed to the perceived need for a commission to address proposed changes to the Army. The...
The Trans-Pacific Partnership (TPP): Strategic Implications
On February 4, 2016, Ministers of the 12 countries participating in the Trans Pacific Partnership (TPP) negotiations signed the proposed free trade agreement (FTA). TPP is one of the Obama Administration’s signature trade policy initiatives, an effort to reduce and eliminate trade and investment barriers and establish new rules and disciplines to govern trade and investment among the 12 countries. TPP proponents, including Administration officials, argue that the proposed TPP would have substantial strategic benefits for the United States in addition to its direct economic impact. They...
Zika Virus: Basics About the Disease
In late 2015, health officials in Brazil recognized a marked increase in the number of infants born with microcephaly (from Greek, meaning “small head”), a birth defect that may accompany significant, permanent brain damage. Although not conclusive, the increase in microcephaly is suspected to be related to the emergence of Zika virus infections in Brazil early in 2015.
Zika virus is related to the viruses that cause yellow fever, dengue, West Nile, and Japanese encephalitis viruses. Historically Zika virus was found in Africa. Since 2007, Zika transmission has also occurred in Southeast...
Federal Employees Health Benefits (FEHB) Program: An Overview
The Federal Employees Health Benefits (FEHB) Program provides health insurance to federal employees, retirees, and their dependents. This report provides a general overview of FEHB. It describes the structure of FEHB, including eligibility for the program and coverage options available to enrollees, as well as premiums, benefits and cost sharing, and general financing of FEHB. The report also describes the role of the Office of Personnel Management (OPM) in administering the program.
Eligible individuals include federal employees, retirees, and their family members. As of calendar year...
Military Maternity and Parental Leave Policies
This report briefly discusses the U.S. Department of Defense's (DOD) new policies for maternity and parental leave as part of the department's "Force of the Future" initiative.
Regulation of Power Plant Wastewater Discharges: Summary of the EPA Final Rule
To implement the Clean Water Act (CWA), the Environmental Protection Agency (EPA) issues effluent limitation guidelines (ELG), or technology-based standards, for categories of industrial dischargers. These standards are implemented through permits issued by states or EPA to individual facilities. In November 2015, EPA promulgated revised effluent limitations for the steam electric power industry to replace rules that were issued in 1982. The new rule was effective on January 4, 2016.
Two factors have altered existing wastestreams or created new wastestreams from many power plants since...
Post-Committee Adjustment in the Modern House: The Use of Rules Committee Prints
Floor proceedings in the U.S. House of Representatives often begin on the basis of legislation reported from committee. In some instances, adjustments to committee recommendations are made and a new legislative text is presented for chamber consideration. These “post-committee adjustments” are not new to the House, but the frequency of their use and the mechanics of executing them have changed in recent years. It is now common for legislative adjustments to be reflected in a “Rules Committee print” that is established as the base text at the outset of floor consideration (in lieu of a...
Highways and Highway Safety on Indian Lands
Cars and trucks are the primary means of transportation on Indian lands, mostly rural areas that cover about 56 million acres. There are about 145,000 miles of roads, owned variously by tribal, federal, state, and local governments, which provide access to and within these areas. Although comprehensive data are not available, roads on Indian lands are typically rudimentary and in poor condition.
A large share of federal funding for highways on Indian lands is provided through the Tribal Transportation Program (TTP), which is jointly administered by the Federal Highway Administration (FHWA)...
Justice and Mental Health Collaboration Program: Fact Sheet
Mental health courts are intended to help address the large number of people in the criminal justice systems with mental illness. The federal government provides funding to support mental health courts across the country through the Justice and Mental Health Collaboration program. The purpose of the program is to increase public safety by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems to increase access to treatment for offenders with mental illness. Authorized funding for this program expired at the end of FY2014.
The Fair Housing Act (FHA): A Legal Overview
The Fair Housing Act (FHA) was enacted “to provide, within constitutional limitations, for fair housing throughout the United States.” The original 1968 act prohibited discrimination on the basis of “race, color, religion, or national origin” in the sale or rental of housing, the financing of housing, or the provision of brokerage services. In 1974, the act was amended to add sex discrimination to the list of prohibited activities. The last major change to the act occurred in 1988 when it was amended to prohibit discrimination on the additional grounds of physical and mental handicap, as...
Dietary Guidelines for Americans: Frequently Asked Questions
The Dietary Guidelines for Americans (DGA) is a policy document that provides federally developed, nutrition-based recommendations for Americans two years of age and older. The guidelines are statutorily mandated under the 1990 National Nutrition Monitoring and Related Research Act (P.L. 101-445), which requires the Departments of Health and Human Services (HHS) and Agriculture (USDA) to jointly publish the DGA policy document at least once every five years.
The DGA forms the basis for all federal nutrition policies, including the National School Lunch Program and the Special Supplemental...
Overview of FY2016 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report tracks and describes actions taken by the Administration and Congress to provide FY2016 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2015 appropriations for agencies and bureaus funded as part of the annual appropriation for CJS.
The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) provided a total of $61.753 billion for the agencies and bureaus funded by the annual CJS appropriations act, including $8.467 billion for the Department of Commerce, $27.030 billion for the...
Provisions of the Senate Amendment to H.R. 3762
The FY2016 budget resolution (S.Con.Res. 11) established the congressional budget for the government for FY2016 and set forth budgetary levels for FY2017-FY2025. It also included reconciliation instructions for House and Senate committees to submit changes in laws to reduce the federal deficit to their respective budget committees.
Specifically, S.Con.Res. 11 instructed three committees of the House and two committees of the Senate to submit changes in laws within each committee’s jurisdiction to reduce the deficit by not less than $1 billion for the period FY2016-FY2025. Additionally,...
Legislative Branch: FY2016 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); the Open World Leadership Center; and the John C. Stennis Center.
The legislative branch FY2016 budget request of $4.528 billion was submitted on February 2, 2015. By law, the President includes the legislative branch...
Overview of Major Federal Securities Laws: In Brief
This report discusses in a very general way the major federal securities laws. The major federal securities laws may be grouped into two categories according to the time of their passage: the acts passed in the wake of the stock market crash of 1929 and the acts passed later in the 20th century and early in the 21st century. The acts in the first group include the most important of the federal securities acts: the Securities Act of 1933, which concerns the initial registration of securities, and the Securities Exchange Act of 1934, which requires ongoing disclosure reports. The acts in the...
Apprenticeship in the United States: Frequently Asked Questions
Apprenticeship is a job training strategy that combines on-the-job training with related instruction, typically provided in a classroom setting. This report answers frequently asked questions about apprenticeship and the federal activities that support this training approach.
This Frequently Asked Questions (FAQ) report focuses on the Registered Apprenticeship system, through which the U.S. Department of Labor (or a recognized state apprenticeship agency) certifies a program as meeting federal requirements related to duration, intensity, and benefit to the apprentice. Historically, the...
The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action
While the Administrative Procedure Act (APA) generally requires agencies to follow certain procedures when promulgating rules, the statute’s “good cause” exception permits agencies to forgo Section 553’s notice and comment requirement if “the agency for good cause finds” that compliance would be “impracticable, unnecessary, or contrary to the public interest” and bypass its 30-day publication requirement if good cause exists. Federal courts reviewing this agency practice have varied in their analysis, resulting in confusion as to precisely what constitutes “good cause.” In addition, some...
The Temporary Assistance for Needy Families (TANF) block grant provides states, territories, and Indian tribes with federal grants for benefits and services intended to ameliorate the effects, and address the root causes, of child poverty. It was created in the 1996 welfare reform law, and is most associated with policies such as time limits and work requirements that sought to address concerns about “welfare dependency” of single mothers who received cash assistance. This report examines the characteristics of the TANF cash assistance caseload in FY2013, and compares it with selected...
Edward Byrne Memorial Justice Assistance Grant (JAG) Program: In Brief
The Edward Byrne Memorial Justice Assistance Grant (JAG) program was created by the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), which collapsed both the Edward Byrne Memorial Formula (Byrne Formula) Grant and the Local Law Enforcement Block Grant (LLEBG) into a single program. This report provides a brief overview of JAG and its funding.
JAG funds are awarded to state and local governments based on a statutorily defined formula. Each state’s allocation is based on its proportion of the country’s population and the state’s proportion of the...
Set-Asides for Small Businesses: Legal Requirements and Issues
It has long been the “declared policy of the Congress” that a “fair proportion” of federal contracts be awarded to small businesses. In support of this policy, Congress has enacted various statutes authorizing procuring agencies to conduct competitions in which only small businesses may compete, or to make noncompetitive (“sole-source”) awards to such firms in circumstances when similar awards could not be made to other firms.
Federal agencies can award contracts to small businesses by several different methods, depending upon the value of the contract and the number of small businesses...
Conflict and History at Malheur National Wildlife Refuge
This report briefly discusses the conflict at the Malheur National Wildlife Refuge (MNWR) in January of 2016.
Senate Legislative Procedures: Published Sources of Information
The Senate publishes its rules, precedents, and other related information so that Senators and their staff have convenient access to the Senate’s legislative procedures and can gauge how those procedures are likely to apply in various situations. Information about the Senate’s legislative procedures is published in four official documents.
The federal Pell Grant program, authorized by Title IV of the Higher Education Act of 1965, as amended (HEA; P.L. 89-329), is the single largest source of federal grant aid supporting postsecondary education students. The program provided approximately $31 billion to approximately 8.2 million undergraduate students in FY2015. For FY2015, the total maximum Pell Grant was funded at $5,775. The program is funded primarily through annual discretionary appropriations, although in recent years mandatory appropriations have played a smaller yet increasing role in the program. The statutory...
Benefit Reductions in the Central States Multiemployer DB Pension Plan: Frequently Asked Questions
Under the Multiemployer Pension Reform Act (MPRA), enacted as Division O in the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) on December 16, 2014, certain multiemployer defined benefit (DB) pension plans that are projected to become insolvent and therefore have insufficient funds from which to pay benefits may apply to the U.S. Department of the Treasury to reduce participants’ benefits. The benefit reductions can apply to both retirees who are currently receiving benefits from a plan and current workers who have earned the right to future benefits.
On...
Body Armor for Law Enforcement Officers: In Brief
Firearms are one of the leading causes of deaths for law enforcement officers feloniously killed in the line of duty. Since FY1999, Congress has provided funding to state and local law enforcement agencies to help them purchase armor vests for their officers. The Matching Grant Program for Law Enforcement Armor Vests (hereinafter, “BPV program”) provides grants to state, local, and tribal governments to purchase armor vests for use by law enforcement officers and court officers. The BPV program was first authorized by the Bulletproof Vest Partnership Grant Act of 1998 (P.L. 105-181). It...
FY2016 Extension of the Higher Education Act: An Overview
The Higher Education Act of 1965, as amended (HEA; P.L. 89-329), authorizes the operation of numerous federal aid programs that provide support both to individuals pursuing a postsecondary education and to institutions of higher education (IHEs). It also authorizes certain activities and functions. The HEA was first enacted in 1965. It has since been amended and extended numerous times, and it has been comprehensively reauthorized eight times. The most recent comprehensive reauthorization occurred in 2008 under the Higher Education Opportunity Act (HEOA; P.L. 110-315), which authorized...
Energy and Water Development: FY2016 Appropriations
The Energy and Water Development appropriations bill provides funding for Army Corps of Engineers (Corps) civil works projects, the Department of the Interior’s Bureau of Reclamation (Reclamation), and the Department of Energy (DOE), as well as the Nuclear Regulatory Commission (NRC) and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
President Obama’s FY2016 budget request was released February 2, 2015. Including adjustments, the request for Energy and Water Development agencies totaled $36.04 billion, compared with a total of $34.78...
Unaccompanied Alien Children—Legal Issues: Answers to Frequently Asked Questions
The beginning of FY2016 has seen an uptick in the number of alien minors apprehended at the U.S. border without a parent or legal guardian in comparison to the same time period in the prior year. This increase has prompted renewed questions regarding so-called unaccompanied alien children (UACs), many of which were previously raised in FY2013-FY2014, when a significant number of UACs were apprehended along the southern U.S. border.
Some of these questions pertain to the numbers of children involved, their reasons for coming to the United States, and current and potential responses of the...
This report, in light of continued Senate interest in the judicial confirmation process during a President’s final year in office, provides statistics related to Senate action on U.S. circuit and district court nominations during the eighth year of the George W. Bush, Clinton, and Reagan presidencies. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges. Such judges have what effectively has come to mean life tenure, holding office “during good Behaviour.”
For the...
The Servicemembers Civil Relief Act (SCRA): An Explanation
Recognizing the special burdens that members of the military may encounter trying to meet their financial obligations while serving their country, Congress passed the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) in 1940. The law was amended from time to time, ordinarily in response to military operations that required the activation of the Reserves. P.L. 108-189, the Servicemembers Civil Relief Act (SCRA), was enacted on December 19, 2003, as a modernization and restatement of the protections contained in the SSCRA. Much like with the SSCRA, the SCRA has been amended since its initial...
Unmanned aircraft systems (UAS), often referred to as “drones,” have become commonplace over the past few years. As UAS technology develops rapidly, the United States faces significant challenges in balancing safety requirements, privacy concerns, and economic interests.
The FAA Modernization and Reform Act of 2012 (FMRA; P.L. 112-95) required the Federal Aviation Administration (FAA) to develop and implement a comprehensive plan to integrate unmanned aircraft into the national airspace and issue regulations governing the operation of small unmanned aircraft used for commercial purposes....
Methods of Estimating the Total Cost of Federal Regulations
Federal agencies issue thousands of regulations each year under delegated authority from Congress. Over the past 70 years, Congress and various Presidents have created a set of procedures agencies must follow to issue these regulations, some of which contain requirements for the calculation and consideration of costs, benefits, and other economic effects of regulations. In recent years, many Members of Congress have expressed an interest in various regulatory reform efforts that would change the current set of rulemaking requirements, including requirements to estimate costs and benefits...
Iran-U.S. Air Service Not Imminent
This report discusses the prospect of air travel between Iran and the U.S., which last operated during 1979, when the U.S. government imposed an embargo on flights following the Iran hostage crisis. Since then, travel and air cargo shipments between the two countries have been routed through third countries, and their extent has been limited by U.S. sanctions.
An Analysis of Portfolio Lending and Qualified Mortgages
Title XIV of the Dodd-Frank Act established the ability-to-repay (ATR) requirement. Under the ATR requirement, a lender must determine based on documented and verified information that, at the time a mortgage is made, the borrower has the ability to repay the loan. Lenders that fail to comply with the ATR rule could be subject to legal liability, such as the payment of certain statutory damages.
A lender can comply with the ATR requirement in different ways, one of which is by originating a Qualified Mortgage (QM). When a lender originates a QM, it is presumed to have complied with the ATR...
Comparing DHS Appropriations by Component, FY2016: Fact Sheet
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. Table 1 and Figure 1 show DHS’s new discretionary budget authority enacted for FY2015 and requested by the Administration for FY2016, as well as the House and Senate committee-reported responses, broken down by component—from largest to smallest appropriations request.
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2016, FY2015 funding analysis
Trends in the Timing and Size of DHS Appropriations: In Brief
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2016, FY2015 funding analysis
Recently Expired Community Assistance-Related Tax Provisions (“Tax Extenders”): In Brief
The Protecting Americans from Tax Hikes Act Of 2015 (PATH Act; P.L. 114-113), signed by President Obama on December 18, 2015, permanently authorized many tax extenders and temporarily extended others. Four community assistance tax extenders were among the provisions temporarily extended by the law.
This report briefly summarizes and discusses the economic impact of the four community assistance-related tax provisions, which are (1) the New Markets Tax Credit, (2) Empowerment Zone Tax Incentives, (3) allocation of bond limitations for Qualified Zone Academy Bonds, and (4) the American...
Interior, Environment, and Related Agencies: FY2016 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for most of the Department of the Interior (DOI) and for agencies within other departments—including the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and numerous other entities.
The Consolidated Appropriations Act, 2016 (P.L. 114-113), provided $32.23 billion for FY2016 for Interior, Environment, and Related Agencies....
The U.S. Military Presence in Okinawa and the Futenma Base Controversy
Although the U.S.-Japan alliance is often labeled as “the cornerstone” of security in the Asia Pacific region, local concerns about the U.S. military presence on the Japanese island of Okinawa have challenged the management of the alliance for decades. The Japanese archipelago serves as the most significant forward-operating platform for the U.S. military in the region; approximately 53,000 military personnel (39,000 onshore and 14,000 afloat in nearby waters), 43,000 dependents, and 5,000 Department of Defense civilian employees live in Japan. With the United States rebalancing its...
Budget Reconciliation Process: Timing of Committee Responses to Reconciliation Directives
When reconciliation directives (also referred to as reconciliation instructions) are included in an annual budget resolution, their purpose is to require committees to develop and report reconciliation legislation that will achieve the budgetary goals set forth in the annual budget resolution. The reconciliation directives included in the budget resolution specify several things, including the committee instructed to report reconciliation legislation, the level of budgetary changes the committee should report, and the date by which the committee should report.
Although reconciliation...
The Glass-Steagall Act: A Legal and Policy Analysis
The phrase “Glass-Steagall” generally refers to the separation of commercial banking from investment banking. Congress effected a separation of commercial and investment banking through four sections of the Banking Act of 1933—Sections 16, 20, 21, and 32. These four statutory provisions are commonly referred to as the Glass-Steagall Act.
Key Takeaways of This Report
The Glass-Steagall debate is not centered on prohibiting risky financial services; rather, the debate is about whether to permit inherently risky commercial and investment banking activities to be conducted within a single...
GAO Bid Protests: An Overview of Time Frames and Procedures
For purposes of federal law, a bid protest involves a written objection to the conduct of government agencies in acquiring supplies and services for their direct use or benefit. Such conduct can include (1) soliciting or otherwise requesting offers; (2) cancelling such solicitations or requests; (3) awarding or proposing to award a contract; (4) terminating or cancelling a contract due to improprieties involving its award; or (5) converting functions performed by government employees to private sector performance. Bid protests are of perennial interest to Congress, in part, because of the...
The Social Security Disability Insurance (DI) Trust Fund: Background and Current Status
Social Security Disability Insurance (SSDI) provides benefits to nonelderly workers and their eligible dependents if the worker paid Social Security taxes for a certain number of years and is unable to perform substantial work due to a qualifying impairment. As in Old-Age and Survivors Insurance (OASI)—the retirement component of Social Security—benefits are based on a worker’s past earnings in covered employment. In December 2014, SSDI provided disability insurance coverage to more than 151 million people and paid benefits to about 9 million disabled workers and 2 million of their spouses...
The Fight Against Al Shabaab in Somalia in 2016
This report discusses current efforts to counter Al Shabaab, a Somalia-based Al Qaeda affiliate.
Treasury Department Appropriations, FY2016
At its most basic level of organization, the Treasury Department is a collection of departmental offices and operating bureaus. The bureaus as a whole account for 95% of Treasury’s budget and workforce. Most bureaus and offices are funded through annual appropriations.
Treasury appropriations were distributed among 10 accounts in FY2015: (1) Departmental Offices (DO), (2) Departmentwide Systems and Capital Investments Program (DSCIP), (3) Office of Inspector General (OIG), (4) Treasury Inspector General for Tax Administration (TIGTA), (5) Special Inspector General for the Troubled Asset...
Recently Expired Charitable Tax Provisions (“Tax Extenders”): In Brief
The Protecting Americans from Tax Hikes Act of 2015, enacted as Division Q in the Consolidated Appropriations Act, 2016 (P.L. 114-113), made permanent several temporary charitable tax provisions. Previously, these charitable tax provisions had been a part of the “tax extenders.” Most recently before P.L. 114-113, “tax extenders” were extended in The Tax Increase Prevention Act of 2014 (P.L. 113-295). Under P.L. 113-295, provisions that had expired at the end of 2013 were extended, for one year, through 2014. This report briefly summarizes the temporary charitable tax provisions that were...
North Korea: A Comparison of S. 1747, S. 2144, and H.R. 757
This report compares S. 1747, the North Korea Sanctions Enforcement Act of 2015, as introduced in the Senate by Senator Menendez on July 9, 2015; S. 2144, the North Korea Sanctions and Policy Enhancement Act of 2015, introduced in the Senate by Senator Gardner on October 6, 2015; and H.R. 757, the North Korea Sanctions Enforcement Act of 2015, introduced in the House by Representative Royce on February 5, 2015, and passed, as amended by the Committee on Foreign Affairs, by the House on January 12, 2016, by a vote of 418-2.
The Federal Perkins Loan Program Extension Act of 2015: In Brief
Prior to December 18, 2015, the Federal Perkins Loan program authorized the allocation of federal funds to institutions of higher education to assist them in capitalizing revolving loan funds for the purpose of making low-interest loans to students with exceptional financial need.
The authorization of appropriations for federal capital contributions to institutions’ revolving loan funds and the authority to make Perkins Loans to new students expired on September 30, 2015. For approximately two and one-half months thereafter, the operation of the Perkins Loan program was curtailed and...
FY2016 Appropriations: Selected Federal Food Safety Agencies
The Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the House and Senate Appropriations Committees oversee the budgets of two principal federal food safety agencies at the Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS). FDA, an agency of the Department of Health and Human Services, is responsible for ensuring the safety of the majority of all domestic and imported food products (except for meat and poultry products). FSIS, an agency at the U.S. Department of Agriculture, regulates most meat,...
Department of Homeland Security Appropriations: FY2016
This report discusses the FY2016 appropriations for the Department of Homeland Security (DHS) and provides an overview of the Administration’s FY2016 request. The report makes note of many budgetary resources provided to DHS, but its primary focus is on funding approved by Congress through the appropriations process. It also includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for and additional details regarding...
Efforts to Reauthorize the America COMPETES Act: In Brief
America COMPETES Act. P.L. 110-69. America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act. America COMPETES Reauthorization Act of 2010. P.L. 111-358. National Science Foundation. National Institute of Standards and Technology. Department of Energy. Office of Science. NSF. NIST. DOE. Science, technology, engineering, and mathematics education. STEM education. STEM workforce. Scientists. Engineers. Innovation. Competitiveness. Commercialization. Technology Transfer.
America COMPETES Act. P.L. 110-69. America Creating Opportunities to...
Omnibus Appropriations Acts: Overview of Recent Practices
Omnibus appropriations acts have become a significant feature of the legislative process in recent years as Congress and the President have used them more frequently to bring action on the regular appropriations cycle to a close. Following a discussion of pertinent background information, this report reviews the recent enactment of such measures and briefly addresses several issues raised by their use.
For nearly two centuries, regular appropriations acts were considered by the House and Senate as individual measures and enacted as standalone laws. In 1950, the House and Senate undertook a...
Goldwater-Nichols and the Evolution of Officer Joint Professional Military Education (JPME)
In November 2015, the Senate Armed Services Committee initiated a review of the Goldwater-Nichols Act (GNA). This piece of legislation, enacted in 1986 and amended in subsequent years, led to major reforms in defense organization. The year 2016 will mark the 30th anniversary of this landmark legislation, and lawmakers have expressed interest in whether the changes, as implemented, are achieving the goals of the reform, and whether further reforms are needed to achieve current and future national security goals.
One of Congress’s main goals of the legislation was to improve joint...
Two Intelligence Authorization Acts (IAAs) were passed in 2014. The IAA for Fiscal Year (FY) 2014 (P.L. 113-126) was passed in July and an IAA for FY2015 (P.L. 113-293) was passed in December. This report examines selected provisions in the legislation and provides an intelligence community framework in the Appendix. Summary of Selected Legislative Provisions
Title IAA FY2014 (P.L. 113-126)IAA FY2015 (P.L. 113-293) I. Intelligence ActivitiesSection104 supports the Intelligence Advanced Research Projects Activity.
III. General Matters Section 305 codifies provisions already in E.O....
Taiwan's January 2016 Elections: A Preview
This report briefly provides context for the January 16, 2016 presidential and legislative elections in Taiwan. The elections may determine whether an eight-year period of relative calm in relations between Taiwan (whose formal name is the Republic of China or ROC) and the People's Republic of China (PRC) continues, or comes to an end.
U.S. Assistance Programs in China
This report examines U.S. foreign assistance activities in the People’s Republic of China (PRC), undertaken by the U.S. Department of State and U.S. Agency for International Development (USAID). The report also discusses related foreign operations appropriations, policy history, and legislative background. International programs supported by U.S. departments and agencies other than the Department of State and USAID, as well as Department of State public diplomacy programs, are not covered in this report.
U.S. foreign assistance efforts in the PRC aim to promote democracy, human rights, and...
U.S. International Family Planning Programs: Issues for Congress
For the past several decades, U.S. policymakers have debated the most appropriate and effective funding levels for U.S. international family planning programs. In the mid-1980s, controversy arose over U.S. family planning assistance when the Ronald Reagan Administration introduced restrictions that became known as the “Mexico City policy.” The Mexico City policy required foreign non-governmental organizations (NGOs) to certify that they would not perform or actively promote abortion as a method of family planning—even if the activities were undertaken with non-U.S. funds. Presidents Reagan...
The Indian Health Service (IHS): An Overview
The IHS provides an array of medical services, including inpatient, ambulatory, emergency, dental, public health nursing, and preventive health care. The IHS does not have a defined medical benefit package that includes or excludes specific health services or health conditions. The majority of IHS facilities provide outpatient care, focusing on primary and preventive care including preventive screenings and health education. IHS provides services directly when possible; when needed services are not available, IHS beneficiaries may be referred to private providers for care. This is called...
The Consolidated Appropriations Act, 2016: Effects on Budgetary Trends
This report discusses recent changes to the federal budget outlook and the effects of these amendments on recent budgetary trends using the CBO and JCT cost estimates for the legislation, the CBO budget forecast released in August 2015, and OMB historical data.
Guatemala: One President Resigns; Another Elected, to Be Inaugurated January 14
This report discusses the transfer of power to the newly-elected president of Guatemala and its context, following the resignation of the former president and vice-president, their arrest for government corruption, and the succeeding interim government.
Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis
The existence of a sizable population of “DREAMers” in the United States has prompted questions about unauthorized aliens’ eligibility for admission to public institutions of higher education, in-state tuition, and financial aid. The term DREAMer is widely used to describe aliens who were brought to the United States as children and raised here but lack legal immigration status. As children, DREAMers are entitled to public elementary and secondary education as a result of the Supreme Court’s 1982 decision in Plyler v. Doe. There, the Court struck down a Texas statute that prohibited the...
Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement
The Constitution sets out three eligibility requirements to be President: one must be 35 years of age, a resident “within the United States” for 14 years, and a “natural born Citizen.” There is no Supreme Court case which has ruled specifically on a challenge to one’s eligibility to be President (although several cases have addressed the term “natural born” citizen), and this clause has been the subject of several legal and historical treatises over the years, as well as more recent litigation.
The term “natural born” citizen is not defined in the Constitution, and there is no discussion...
Separation of Powers: An Overview
Congress’s role and operation in national politics is fundamentally shaped by the design and structure of the governing institution in the Constitution. One of the key principles of the Constitution is separation of powers. The doctrine is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power. These objectives were achieved institutionally through the design of the Constitution. The legislative, executive, and judicial...
Health-Related Tax Expenditures: Overview and Analysis
Public and private health care spending is growing due to increased enrollment in health insurance, demographic changes of an aging society, and the expansion of government programs, among other reasons. While much attention is being paid to the budgetary cost of outlays from the largest federally funded health programs (Medicare, Medicaid, and the Children’s Health Insurance Program), the implicit subsidies in the Internal Revenue Code for the provision of private- and publicly-provided health insurance are sometimes less prominent in public debates. These subsidies are tax expenditures,...
Perspectives on Enhanced Interrogation Techniques
This report briefly summarizes what constituted Enhanced Interrogation Techniques (EITs), provides background on their adoption and use, and discusses differing views on three questions that underpin discussion and debate of this topic.
Juvenile Justice Funding Trends
Although juvenile justice has always been administered by the states, Congress has had significant influence in the area through funding for grant programs administered by the Department of Justice’s (DOJ’s) Office of Juvenile Justice and Delinquency Prevention (OJJDP). The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, P.L. 93-415, was the first comprehensive juvenile justice legislation passed by Congress. Since 1974, the act has undergone several key amendments, including a significant reorganization enacted by P.L. 107-273 in 2002. The juvenile justice appropriation...
This report examines congressional oversight of two strategies undertaken by Congress and the executive branch to strengthen the federal cybersecurity workforce: initiatives to define and identify the federal cybersecurity workforce, and hiring and pay flexibilities applicable to cybersecurity positions at the Department of Defense (DOD) and the Department of Homeland Security (DHS).
The federal cybersecurity workforce is responsible for protecting U.S. government systems and networks against cyber threats and attacks. Federal agencies, however, have reported difficulty in assessing the size and capabilities of their cybersecurity workforces. DOD and DHS, which play prominent roles in the nation’s cybersecurity posture, have also noted certain obstacles affecting the recruitment and retention of qualified cybersecurity professionals to fulfill their departments’ cybersecurity missions.
The Office of Personnel Management (OPM) is constructing a dataset to catalog all...
USDA’s “GIPSA Rule” on Livestock and Poultry Marketing Practices
The 2008 farm bill (P.L. 110-246) included new provisions that amended the Packers and Stockyards Act (P&S Act) to give poultry and swine growers the right to cancel contracts, to require that poultry processors clearly disclose to growers additional required capital investments, to set the choice of law and venue in contract disputes, and to give poultry and swine growers the right to decline an arbitration clause that requires arbitration to resolve contract disputes. The farm bill required USDA to propose rules to implement these provisions.
On June 22, 2010, the U.S. Department of...
Minding the Data Gap: NOAA’s Polar-Orbiting Weather Satellites and Strategies for Data Continuity
Concerns have been raised in Congress about the possibility of a “data gap” in the polar-orbiting weather satellite coverage. A near-term data gap could occur if the currently operating polar-orbiting weather satellite, the Suomi National Polar-orbiting Partnership (Suomi-NPP), fails before its successor, the first Joint Polar Satellite System (JPSS-1), is launched and operational sometime in 2017. The Government Accountability Office (GAO) has reported that a polar-orbiting weather satellite data gap would result in less accurate and timely weather forecasts and warnings of extreme...
Judiciary Appropriations FY2016
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) Appropriations bill. The bill provides funding for the Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S. Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2016 budget request of $7.533 billion was submitted on...
North Korea's January 6, 2016, Nuclear Test
This report provides a brief background about North Korea's announcement that it successfully tested a "hydrogen bomb" (its fourth nuclear test) on January 6, 2016. The official statement also called the device an experimental or "pilot H-bomb."
U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2016 Appropriations
Geographic proximity has forged strong linkages between the United States and the nations of Latin America and the Caribbean, with critical U.S. interests encompassing economic, political, and security concerns. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to advancing democracy and open markets since the 1990s. Current U.S. policy is designed to promote economic and social opportunity, ensure the safety of the region’s citizens, strengthen effective democratic institutions, and secure...
Commerce, Justice, Science, and Related Agencies Appropriations (CJS): Trade-Related Agencies
This report tracks and describes actions taken by the Administration and Congress to provide FY2016 appropriations for the International Trade Administration (ITA) of the U.S. Department of Commerce, the U.S. International Trade Commission (USITC), and the Office of the United States Trade Representative (USTR). These three trade-related agencies are part of the Commerce, Justice, Science, and Related Agencies (CJS) appropriations process. The report also provides an overview of three trade-related programs that are administered by ITA, USITC, and USTR.
The Consolidated and Further...
Selected Recently Expired Business Tax Provisions (“Tax Extenders”)
The Consolidated Appropriations Act of 2016 (P.L. 114-113), signed into law on December 18, 2015, made permanent, extended through 2019, or extended through 2016 some tax provisions that had expired at the end of 2014. Previous legislation had extended these provisions for a year (or in some cases two years) at a time. Several bills had been considered in the 114th Congress to make some provisions permanent, including the R&E tax credit (H.R. 880), expensing of investments (H.R. 636, S. 1399), and treatment of built-in gains for Subchapter S corporations (H.R. 636). The Senate Finance...
Customer Choice and the Power Industry of the Future
In the United States, the modern electric utility industry began to emerge about 100 years ago, guided by a philosophy which came to be called the “regulatory compact.” Under the compact, state and local governments generally granted the right to provide electric power in a designated service territory, in exchange for an obligation to serve all electric power customers. Much of the nation’s power generation and delivery infrastructure was built under this arrangement, with customers ultimately paying for the costs of electricity services. However, the electric utility model nowadays is...
The Motion to Recommit in the House of Representatives
The motion to recommit provides a final opportunity for the House to affect a measure before passage, either by amending the measure or sending it back to committee.
The motion to recommit is often referred to as “the minority’s motion,” because preference in recognition for offering a motion to recommit is given to a member of the minority party who is opposed to the bill. The stated purpose of giving the minority party this right was to allow them to “have a vote upon its position upon great public questions.” House rules protect this minority right, as it is not in order for the House...
Commonly known as the “8(a) Program,” the Minority Small Business and Capital Ownership Development Program is one of several federal contracting programs for small businesses. The 8(a) Program provides participating small businesses with training, technical assistance, and contracting opportunities in the form of set-asides and sole-source awards. A “set-aside” is an acquisition in which only certain contractors may compete, while a sole-source award is a contract awarded, or proposed for award, without competition. In FY2014, the federal government spent over $16 billion on contracts and...
Recent media and industry reports have employed the term big data as a key to the future of increased food production and sustainable agriculture. A recent hearing on the private elements of big data in agriculture suggests that Congress too is interested in potential opportunities and challenges big data may hold. While there appears to be great interest, the subject of big data is complex and often misunderstood, especially within the context of agriculture.
There is no commonly accepted definition of the term big data. It is often used to describe a modern trend in which the combination...
State, Foreign Operations, and Related Programs: FY2016 Budget and Appropriations
On February 2, 2015, the Obama Administration submitted to Congress its budget request for FY2016. The request for State, Foreign Operations, and Related Programs (SFOPS) totals $54.08 billion, or a 4% increase from FY2015-estimated levels. Within that amount
$47.04 billion is requested for enduring or core funding and $7.05 billion is designated as Overseas Contingency Operations (OCO) funding, excluding add-ons and rescissions;
$17.55 billion of the total request is for State Department Operations and related agencies (10.6% increase over FY2015 estimates);
$36.53 billion is for Foreign...
Electric Grid Physical Security: Recent Legislation
This report briefly discusses legislative initiatives to address the physical safety of electrical transformers and 0other parts of the U.S. electric grid which are vulnerable to damage from theft, vandalism, or terrorist attacks.
Federal Reserve Issues Final Rule on Emergency Lending
This report briefly discusses major provisions of the Federal Reserve's (Fed's) Final Rule, governing emergency lending under Section 13(3) of the Federal Reserve Act and implementing Section 1101 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank).
Using Data to Improve Defense Acquisitions: Background, Analysis, and Questions for Congress
Many analysts believe that data analysis is a critical element in making smart, informed, policy decisions and in managing government programs. Without data, there may not be an appropriate basis for making policy decisions, measuring or assessing the effectiveness of government programs, or providing transparency into government operations. Despite the importance of data, most observers believe that the Department of Defense (DOD), and other government agencies lag behind the private sector in effectively incorporating data analyses into decisionmaking. These analysts argue that by using...
President Obama's $1 Billion Foreign Aid Request for Central America
This report discusses the Obama Administration's recent request for over $1 billion in foreign assistance during FY2016 to support a whole-of-government "U.S. Strategy for Engagement in Central America."
Congress and the U.S. Army Corps of Engineers in 2016
This report briefly discusses authorization legislation for the water resources activities of the U.S. Army Corps of Engineers (Corps) in 2016, which the 114th Congress is anticipated to consider. These issues span the agency's role in new and existing navigation improvements, coastal and riverine flood risk reduction, and environmental restoration and protection efforts.
The Animal Welfare Act: Background and Selected Animal Welfare Legislation
In 1966, Congress passed the Laboratory Animal Welfare Act (P.L. 89-54) to prevent pets from being stolen for sale to research laboratories, and to regulate the humane care and handling of dogs, cats, and other laboratory animals. Farm animals are not covered by the AWA. The law was amended in 1970 (P.L. 91-579), changing the name to the Animal Welfare Act (AWA). The AWA is administered by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). Congress periodically amends the act to strengthen enforcement, expand coverage to more animals and activities, or...
This report briefly discusses a limited set of deliverables agreed upon by trade ministers and their senior representatives in Nairobi at the 10th Ministerial Conference of the World Trade Organization (WTO).
The President’s State of the Union Address: Tradition, Function, and Policy Implications
The State of the Union address is a communication between the President and Congress in which the chief executive reports on the current conditions of the United States and provides policy proposals for the upcoming legislative year. Formerly known as the “Annual Message,” the State of the Union address originates in the Constitution. As part of the system of checks and balances, Article II, Section 3, clause 1 mandates that the President “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge...
The following table provides names and contact information for CRS experts on policy and legal issues related to gun control. In the wake of mass shootings and other firearms-related violence, several gun control issues are often raised. They include improving and expanding background checks, further regulating certain semiautomatic firearms (“assault weapons” or “military-style” firearms) that accept detachable ammunition feeding devices (“magazines”), combating illegal gun trafficking, interstate concealed carry of handguns, and enacting or repealing appropriations limitations related...
Need-Tested Benefits: Estimated Eligibility and Benefit Receipt by Families and Individuals
Need-tested benefits have received increased attention from policymakers in recent years, as spending levels for these programs remain elevated well into the economic expansion that followed the 2007-2009 recession. While information is available on the number of people who receive benefits from individual programs, it is more challenging to examine how these programs interact and the cumulative benefits families receive from them. Case studies based on hypothetical families often show how much in benefits a family may potentially receive from multiple programs under federal and state...
Sex Discrimination and the United States Supreme Court: Developments in the Law
In its sex discrimination decisions, the United States Supreme Court not only has defined the applicability of the equal protection guarantees of the Constitution and the nondiscriminatory policies of federal statutes, but also has rejected the use of gender stereotypes and has continued to recognize the discriminatory effect of gender hostility in the workplace and in schools. This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the...
Oil, Natural Gas, and Coal: CRS Experts
Fossil fuels play a dominant role in U.S. energy. The United States is a major producer and consumer of oil (and petroleum products), natural gas, and coal. U.S. fossil fuel reserves, production, processing and refining, distribution, markets, and use are of perennial interest among policymakers and the public. Ongoing concerns include retail gasoline prices, oil and other commodity markets, potential for expanded domestic supply, environmental effects of continued fossil combustion, and the benefits and drawbacks of trade in these commodities. The following tables provide access to names...
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): FY2016 Appropriations
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal law enforcement agency charged with administering and enforcing federal laws related to firearms and explosives commerce. ATF is also responsible for investigating arson cases with a federal nexus, and criminal cases involving the diversion of alcohol and tobacco from legal channels of commerce. Congress funds the ATF through an annual appropriation in the Commerce, Justice, Science (CJS), and Related Agencies Appropriations Act, because it is a component of the Department of Justice (DOJ). For FY2016,...
This report provides answers to frequently asked questions about the presidential nominating process, including how the delegates to the national conventions are chosen, the differences between a caucus and a primary, national party rules changes for 2016, and the national conventions themselves. It is not a comprehensive report on all aspects of the presidential nominating process.
The Nominating Process
The presidential nominating process is a subject of enduring congressional and national interest. Presidential elections are the only nationwide elections held in the United States and...
The Budget Control Act of 2011 as Amended: Budgetary Effects
Following a lengthy debate over raising the debt limit, the Budget Control Act of 2011 (BCA; P.L. 112-25) was signed into law by President Obama on August 2, 2011. In addition to including a mechanism to increase the debt limit, the BCA contained a variety of measures intended to reduce the budget deficit through spending restrictions. There are two main components to the spending reductions in the BCA: (1) discretionary spending caps that came into effect in FY2012 and (2) a $1.2 trillion automatic spending reduction process that was initially scheduled to come into effect on January 2,...
Data Security and Breach Notification Legislation: Selected Legal Issues
Recent data breaches at major U.S. retailers have placed a spotlight on concerns about the security of personal information stored in electronic form by corporations and other private entities. A data breach occurs when data containing sensitive personal information is lost, stolen, or accessed in an unauthorized manner, thereby causing a potential compromise of the confidentiality of the data. Existing federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH Act), and the...
Recently Expired Housing Related Tax Provisions (“Tax Extenders”): In Brief
SUPRESS SUMMARY
On December 18, 2015, a set of temporary tax provisions that are regularly extended and that are commonly known as “tax extenders” was retroactively extended by Division Q of P.L. 114-113—the Protecting Americans from Tax Hikes Act (or “PATH” Act). Some of the extensions are permanent; others are temporary. This report briefly summarizes and discusses the economic impact of the four housing related tax provisions included in P.L. 114-113. These provisions include (1) the tax exclusion for canceled mortgage debt; (2) the deduction for qualified mortgage insurance premiums;...
On April 7, 2015, the Environmental Protection Agency (EPA) published amendments to the January 15, 2015, final rule designating areas for compliance with the 2013 primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5). Revising a NAAQS established under the Clean Air Act (CAA) sets in motion a process under which the states and EPA identify areas that exceed the standard (“nonattainment areas”) using multi-year air quality monitoring data and other criteria, requiring states to take steps to reduce pollutant concentrations in order to meet the...
Haiti Under President Martelly: Current Conditions and Congressional Concerns
Haiti shares the island of Hispaniola with the Dominican Republic. Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, extreme poverty, and underdevelopment. Economic and social stability improved considerably, and many analysts believed Haiti was turning a corner toward sustainable development when it was set back by a massive earthquake in January 2010 that devastated much of the capital of Port-au-Prince. Although it is recovering, poverty remains massive and deep, and economic disparity is wide: Haiti...
Western Water and Drought: Legislative Analysis of H.R. 2898 and S. 1894
Several western states are experiencing extreme or exceptional drought conditions. The persistence and intensity of the drought, which began in 2011 in some areas, has received considerable attention from Congress. To date, federal legislative proposals have focused primarily on the management of federal water projects, support for drought-related programs, and needs of fish and wildlife for water. A broad policy question is how Congress might address western drought, drought in any part of the United States, and gaps in water supply and demand.
Several bills have been introduced in the...
Alcohol Excise Taxes: Current Law and Economic Analysis
The federal excise tax on alcoholic beverages is imposed at the manufacturer and importer level, based on the per unit production or importation of alcoholic beverages (e.g., distilled spirits, wine, and beer) for sale in the U.S. market. When converted to standard drink measures liquor drinks are generally subjected to a federal excise tax of approximately 13 cents per 1.5 ounce shot, wine is taxed at 4 cents per 5 ounce glass, and beer is taxed at 5 cents per 12 ounce can or bottle. Alcohol excise tax collections totaled $10.4 billion in FY2015, with collections from distilled spirits...
Air Quality: EPA’s 2013 Changes to the Particulate Matter (PM) Standard
On January 15, 2013, the Environmental Protection Agency (EPA) published a final rule revising the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). The revised air quality standards were completed pursuant to the Clean Air Act (CAA) and, in part, in response to a court order and consent agreement. Based on its review of scientific studies available since the agency’s previous review in 2006, EPA determined that evidence continued to show associations between particulates in ambient air and numerous significant health problems, including aggravated asthma, chronic...
The Federal Election Commission: Enforcement Process and Selected Issues for Congress
The Federal Election Commission (FEC) is responsible for civil enforcement of the Federal Election Campaign Act (FECA) and other campaign finance statutes. Enforcement, one of the FEC’s principal functions, is perhaps the most controversial thing the agency does. Enforcement matters not only for encouraging compliance with law and regulation, but also for what it represents about the state of campaign finance policy overall. Some agency critics argue that modest fines, protracted processes, and deadlocked commission votes demonstrate that the FEC cannot effectively enforce campaign finance...
The Federal Election Commission: Overview and Selected Issues for Congress
More than 40 years ago, Congress created the Federal Election Commission (FEC) to administer the Federal Election Campaign Act (FECA) and related amendments. Today, the FEC is responsible for administering disclosure of millions of campaign finance transactions; interpretation and civil enforcement of FECA and agency regulations; and administering the presidential public financing program.
Six presidentially appointed commissioners, who are subject to Senate advice and consent, head the FEC. No more than three members may be affiliated with the same political party. Congress arrived at...
Conventional Arms Transfers to Developing Nations, 2007-2014
This report provides Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all government suppliers, but the principal focus is the level of arms transfers by major weapons supplying governments to nations...
Three primary categories of “disadvantaged” small businesses are currently eligible for various contracting programs under federal law: (1) small businesses participating in the Small Business Administration’s (SBA’s) Minority Small Business and Capital Ownership Development Program (commonly known as the 8(a) Program) (8(a) participants); (2) “small disadvantaged businesses” (SDBs); and (3) “disadvantaged business enterprises” (DBEs). All programs are based in statute. Section 8(a) of the Small Business Act authorizes the 8(a) Program; Section 8(d) of the Small Business Act, the SDB...
What Is “Building Partner Capacity?” Issues for Congress
Since 2001, successive U.S. administrations have increasingly prioritized efforts to build foreign security forces—particularly in weak and failing states—arguing that doing so advances U.S. national security objectives. In turn, the Department of Defense (DOD) has invested billions of dollars in “Building Partner Capacity,” a term that refers to a broad set of missions, programs, activities, and authorities intended to improve the ability of other nations to achieve those security-oriented goals they share with the United States. As a consequence, these efforts and programs have been a...
Legal Protections for Subcontractors on Federal Prime Contracts: In Brief
Payment and other protections for subcontractors on federal contracts are of perennial interest to Members and committees of Congress, in part, because many subcontractors are small businesses, and it is the “declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns.” Subcontractors on federal contracts do not have “privity of contract”—or a direct contractual relationship—with the federal government. As such, subcontractors would generally lack the payment and other protections that...
Terminating Contracts for the Government’s Convenience: Answers to Frequently Asked Questions
“Termination for convenience” refers to the exercise of the government’s right to bring to an end the performance of all or part of the work provided for under a contract prior to the expiration of the contract “when it is in the Government’s interest” to do so. Federal agencies typically incorporate clauses in their procurement contracts granting them the right to terminate for convenience. However, the right to terminate procurement and other contracts for convenience has also been “read into” contracts which do not expressly provide for it on the grounds that the government has an...
Health Insurance Expiring Provisions of the 114th Congress, Second Session
This report provides a list of expiring health insurance provisions. Specifically, it lists Medicare, Medicaid, State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities under Chapter 7 of the United States Code (U.S.C.)—Social Security—and Chapter 157 of the U.S.C.—Quality, Affordable Health Care for All Americans, as created by the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended)—that are scheduled to expire between the date of this report and after the end of the 114th Congress (i.e., December 31, 2016). Health...
Social Security and Same-Sex Marriage: Post Obergefell v. Hodges
This report addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage.
Key Takeaways
Under the Social Security Act, eligibility for spousal benefits depends on the applicant’s marital status as defined by the laws of the state as interpreted by the courts of that state in which the Number Holder, the person on whose work record the benefit is based, is domiciled.
Section 3 of the Defense of Marriage Act (DOMA) had required that marriage be defined as the union of one man and one woman for the purpose of federal enactments, rendering individuals in a...
FY2016 National Defense Authorization Act: Selected Military Personnel Issues
This report summarizes selected highlights of S. 1356, the National Defense Authorization Act for Fiscal Year 2016 (FY2016 NDAA), which was passed by the House of Representatives on November 5, 2015, passed by the Senate on November 10, 2015, and signed by the President on November 25, 2015 (P.L. 114-92), and an initial bill, H.R. 1735, that was passed by both the House and the Senate.
The President had vetoed H.R. 1735, an earlier version of the FY2016 NDAA, on October 22, 2015. In his veto message, the President objected that the bill would have provided more funding for defense-related...
The Air Force Aviation Investment Challenge
The U.S. Air Force is in the midst of an ambitious aviation modernization program, driven primarily by the age of its current aircraft fleets. Four major programs are in procurement, with five more in research and development (R&D).
The need to replace several types of aircraft simultaneously poses challenges to future budgets, as the new programs compete with existing program commitments and normal program growth under a restricted service topline. The impending expiration of caps imposed by the Balanced Budget Act coincides with when modernization programs can be expected to experience...
Energy and Water Development: FY2016 Appropriations for Nuclear Weapons Stockpile Stewardship
The annual Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers, the Department of the Interior’s Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.
The DOE budget includes funding for the National Nuclear Security Administration (NNSA), a separately organized agency within DOE. NNSA operates three programs: Defense Nuclear Nonproliferation, which secures nuclear materials worldwide, conducts R&D into nonproliferation and verification, and operates the Nuclear Counterterrorism and...
Justice for Victims of Trafficking Act of 2015: Changes to Domestic Human Trafficking Policies
The Justice for Victims of Trafficking Act (JVTA, S. 178/P.L. 114-22), an omnibus bill that primarily includes anti-human trafficking provisions, was signed into law on May 29, 2015. The bill received broad congressional support, passing the Senate unanimously on April 22, 2015, and the House nearly unanimously (420-3) on May 19, 2015. Through amendments in the House and the Senate, the law incorporates the same or similar provisions from 10 of the 12 bills on trafficking that passed the House in the first few weeks of the 114th Congress: H.R. 159, H.R. 181, H.R. 246, H.R. 285, H.R. 350,...
Central America Regional Security Initiative: Background and Policy Issues for Congress
Central America faces significant security challenges. Criminal threats, fragile political and judicial systems, and social hardships such as poverty and unemployment contribute to widespread insecurity in the region. Consequently, improving security conditions in these countries is a difficult, multifaceted endeavor. Since U.S. drug demand contributes to regional security challenges and the consequences of citizen insecurity in Central America are potentially far-reaching—as demonstrated by the increasing number of migrants, asylum seekers, and refugees arriving at the U.S. border—the...
The K-1 Fiancé(e) Visa: In Brief
The K nonimmigrant visa category was created in 1970 through P.L. 91-225, which amended the Immigration and Nationality Act (INA). Within the K visa category, the K-1 visa is a visa for fiancé(e)s of U.S. citizens and the K-2 visa is a visa for the fiancé(e)’s children. Congress later enacted legislation to provide protections for fiancé(e)s, specifically creating requirements around the use of international marriage brokers, the disclosure of the U.S. petitioner’s criminal background, the provision of information to fiancé(e)s on their rights, and additional protections for minors.
A...
Effect of Corinthian Colleges’ Closure on Student Financial Aid: Frequently Asked Questions
Corinthian Colleges, Inc. (CCI) was the parent company of several private, for-profit institutions of higher education, including the Everest Institute, Everest Colleges, Heald Colleges, and Wyotech Technical Schools. CCI operated more than 100 of these institutions across the nation, with total enrollments of approximately 72,000 students who annually received roughly $1.4 billion in federal financial aid.
In summer 2014, the Department of Education (ED) limited CCI’s access to federal student aid in response to CCI’s failure to address concerns relating to a variety of practices,...
Federal Contracting and Subcontracting with Small Businesses: Legislation in the 113th Congress
Congress has generally broad authority to impose requirements upon the federal procurement process (i.e., the process whereby agencies acquire supplies and services from other entities for the agency’s direct benefit or use). One of the many ways in which Congress has exercised this authority is by enacting measures that encourage agencies to contract and subcontract with “small businesses.” For purposes of federal procurement law, the term small business generally denotes a business that (1) is independently owned and operated, (2) is not dominant in its field of operations, and (3) has...
Potential Policy Implications of the House Reconciliation Bill (H.R. 3762)
On December 3, 2015, the Senate passed an amendment to H.R. 3762. For information about the Senate amendment to H.R. 3762 and how it compares to the House-passed version of H.R. 3762, see CRS Report R44300, Provisions of the Senate Amendment to H.R. 3762, coordinated by Annie L. Mach. This report will not be updated to reflect the Senate’s actions or subsequent actions taken by the House.
The FY2016 budget resolution (S.Con.Res. 11) established the congressional budget for the federal government for FY2016 and set forth budgetary levels for FY2017-FY2025. It also included reconciliation...
On November 19, 2015, the Food and Drug Administration (FDA) approved AquaBounty Technologies’ application to produce AquAdvantage Salmon, a genetically engineered (GE) Atlantic salmon, for human consumption. This is the first GE animal that has been approved for human consumption in the United States. FDA also has proposed voluntary guidelines for using labels that indicate whether food products are derived from GE salmon.
Genetic engineering techniques are used by scientists to insert genetic material from one organism into the genome of another organism. Genetically engineered salmon...
Immigration: Noncitizen Eligibility for Needs-Based Housing Programs
The issue of noncitizen eligibility for federally funded programs, including needs-based housing programs, is a perennial issue in Congress. Noncitizen eligibility varies among the needs-based housing programs administered by the U.S. Department of Housing and Urban Development (HUD), such as Public Housing, Section 8 vouchers and project-based rental assistance, homeless assistance programs, housing for the elderly (§202) and the disabled (§811), the HOME program, and the Community Development Block Grants (CDBG) program. Two laws govern noncitizen eligibility for housing programs: Title...
Federalism Issues in Surface Transportation Policy: A Historical Perspective
P.L. 114-94, the Fixing America’s Surface Transportation (FAST) Act, was signed by President Obama on December 4, 2015. The act reauthorizes federal highway and mass transit programs through the end of FY2020. It also authorizes to be appropriated about $305 billion for these programs, an increase of about 4.2% over current funding levels plus projected inflation for highway programs and 7.9% over current funding levels plus projected inflation for public transportation programs.
Although the federal presence, and influence, on surface transportation policy remains significant, FAST is a...
Chronic Homelessness: Background, Research, and Outcomes
Chronically homeless individuals are those who spend long periods of time living on the street or other places not meant for human habitation, and who have one or more disabilities, frequently including mental illnesses and substance use disorders. In the 2015 Department of Housing and Urban Development (HUD) point-in-time count of people experiencing homelessness, more than 83,000 individuals met the definition of chronically homeless, down from nearly 120,000 in 2008. In part the decline is due to the federal government’s plan, announced in 2002, to end chronic homelessness within 10...
This fact sheet summarizes selected highlights of the versions of S. 1356, the National Defense Authorization Act (NDAA) for FY2016, which was passed by the House of Representatives on November 5, 2015, passed by the Senate on November 10, 2015, and signed by the President on November 25, 2015 (P.L. 114-92 ).
The President had vetoed H.R. 1735, an earlier version of the FY2016 NDAA, on October 22, 2015. In his veto message, the President objected that the bill would have provided more funding for defense-related activities than would be allowed under spending caps that then were in...
Nepal: Political Developments and U.S. Relations
Nepal is a poor country of an estimated 31 million people that has undergone a radical political transformation since 2006, when a 10-year armed struggle by Maoist insurgents, which claimed at least 13,000 lives, officially came to an end. The country’s king stepped down in 2006, and two years later Nepal declared itself a republic, electing a Constituent Assembly (CA) in 2008 to write a new constitution. A second CA elected in 2013 reached agreement on a new constitution in September 2015. Though the process of democratization begun in 2006 has had setbacks and has been marked by...
The Elementary and Secondary Education Act (ESEA) was last comprehensively amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). Appropriations for most programs authorized by the ESEA were authorized through FY2007. As Congress has not reauthorized the ESEA, appropriations for ESEA programs are currently not explicitly authorized. However, because the programs continue to receive annual appropriations, appropriations are considered implicitly authorized.
Congress has actively considered reauthorization of the ESEA during the 114th Congress, passing comprehensive ESEA...
Multilateral Development Banks: How the United States Makes and Implements Policy
This report analyzes how the United States makes policy towards the multilateral development banks (MDBs) and identifies ways by which Congress can shape U.S. policy and influence the activities of the banks themselves.
The executive branch and Congress share responsibility for U.S. policy towards the MDBs and each has primary control over a different part of the policy process. The Administration is responsible for negotiating with other countries and for managing day-to-day U.S. participation in the MDBs. Congress has ultimate authority over the level of U.S. financial commitments and...
Renewable Fuel Standard (RFS): Final Rule for 2014, 2015, and 2016
This report discusses the final rule for the Renewable Fuel Standard (RFS), which was released by the Environmental Protection Agency (EPA). While the rule contains wide-ranging information, most stakeholders are primarily concerned with the annual volume amounts for total renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel.
The National Nanotechnology Initiative: Overview, Reauthorization, and Appropriations Issues
Nanotechnology—a term encompassing the science, engineering, and applications of submicron materials—involves the harnessing of unique physical, chemical, and biological properties of nanoscale substances in fundamentally new and useful ways. The economic and societal promise of nanotechnology has led to investments by governments and companies around the world. In 2000, the United States launched the world’s first national nanotechnology program. From FY2001 through FY2015, the federal government invested approximately $20.9 billion in nanoscale science, engineering, and technology...
Bitcoin: Questions, Answers, and Analysis of Legal Issues
Bitcoin first appeared in January 2009, the creation of a computer programmer using the pseudonym Satoshi Nakamoto. His invention is an open-source (its controlling computer code is open to public view), peer-to-peer (transactions do not require a third-party intermediary such as PayPal or Visa) digital currency (being electronic with no physical manifestation). The Bitcoin system is private, with no traditional financial institutions involved in transactions. Unlike earlier digital currencies that had some central controlling person or entity, the Bitcoin network is completely...
The Lobbying Disclosure Act at 20: Analysis and Issues for Congress
On December 19, 1995, President William Jefferson Clinton signed the Lobbying Disclosure Act (LDA) into law (2 U.S.C. §1601, et seq.). In his comments when signing the law, President Clinton identified a central question that continues to be an issue for lobbying laws: how can individual citizens’ rights be balanced against the desire to regulate and potentially control the access of special interests to government? As lobbying laws have been developed in the United States, the balance between the right of “ordinary Americans” to petition the government and the access that professional...
Legal Authority for Aliens to Claim Refundable Tax Credits: In Brief
The question is frequently asked whether aliens who enter or remain in the United States in violation of federal immigration law (called unlawfully present aliens for purposes of this report) are permitted to claim refundable tax credits. There is no general provision in the Internal Revenue Code (IRC) prohibiting unlawfully present aliens from claiming refundable tax credits. Rather, the restrictions that exist are established on a credit-by-credit basis. For example, one credit—the earned income tax credit (EITC)—requires that taxpayers provide work-authorized Social Security numbers...
Doubling Research and Development for Clean Energy: "Mission Innovation"
This report briefly provides background for "Mission Innovation," a new initiative crafted by 20 countries to increase their public investment in research and development (R&D) in "clean energy" technologies.
The wars in Iraq and Afghanistan brought renewed attention to the needs of veterans, including the needs of homeless veterans. Researchers have found both male and female veterans to be overrepresented in the homeless population, and, as the number of veterans increased due to these conflicts, there was concern that the number of homeless veterans could rise commensurately. The 2007-2009 recession and the subsequent slow economic recovery also raised concerns that homelessness could increase among all groups, including veterans.
Congress has created numerous programs that serve homeless...
Budget Reconciliation Legislation: Development and Consideration
Budget reconciliation is a two-phase process, provided by the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688), as amended, that Congress may use to assure compliance with the direct spending, revenue, and debt limit levels set forth in a budget resolution agreed to by Congress. First, Congress includes reconciliation instructions in a budget resolution directing one or more committees to recommend changes in statute to achieve the levels of direct spending and revenues and the debt limit agreed to in the budget resolution. Second, the legislative language...
The Family and Medical Leave Act (FMLA): Background and Supreme Court Cases
Congress passed the Family and Medical Leave Act (FMLA) in 1993 in part to “balance the demands of the workplace with the needs of families.” To that end, the FMLA entitles eligible employees of covered employers to set amounts of unpaid, job-protected leave for specified family and medical reasons. These reasons include, for example, the care of a spouse, son, daughter, or parent with a serious health condition, and the care of a newborn or newly adopted child. Employers who interfere with an employee’s exercise of FMLA rights or retaliate against an employee for exercising her FMLA...
International Climate Change Negotiations: What to Expect in Paris, December 2015
The Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) convenes for the 21st time (COP21) in Paris, France, from November 29 to December 11, 2015. The United States ratified the UNFCCC in 1992. Accordingly, the United States and the other 195 UNFCCC Parties already have legally binding but qualitative obligations under the treaty. COP21 intends to finalize an agreement under the UNFCCC to address climate change from 2020 on. A major focus is to lay out a path toward stabilizing greenhouse gas (GHG) concentrations in the atmosphere to avoid...
Search terms: S. 2012, H.R. 8, energy efficiency, renewable energy, Department of Energy, EISA, P.L. 110-140 (Hide summary)
Federal Real Property Data: Limitations and Implications for Oversight
The federal executive branch owns and leases more than 275,000 buildings, with annual operating costs in excess of $21 billion. Oversight of this portfolio of buildings has been a priority for recent congresses, particularly since real property management has been identified as a “high-risk” area by the Government Accountability Office (GAO), every year since 2003. Key potential weaknesses in real property management include agencies holding empty or only partially occupied buildings; relying on leases for new space even when ownership would be cheaper; and making decisions using real...
In the wake of the deadly November 13, 2015, terrorist attacks in Paris, U.S. policymakers are faced with a wide range of strategy and operational considerations related to the activities of and threats emanating from the Islamic State (IS). A terrorist attack such as this prompts an examination of U.S. domestic security precautions; the role of allies and coalition partners; the appropriate military and diplomatic reactions; the safety and security of infrastructure and that of travelers; and numerous additional discrete issues that require the active involvement of dozens of federal,...
Congressional Action on FY2016 Appropriations Measures
This report provides information on the congressional consideration of the FY2016 regular appropriations bills and the FY2016 continuing resolution (CR). It also discusses the statutory and procedural budget enforcement framework for FY2016 appropriations. It will address the congressional consideration of FY2016 supplemental appropriations if any such consideration occurs.
For all types of appropriations measures, discretionary spending budget enforcement under the congressional budget process has two primary sources. The first is the discretionary spending limits that are derived from...
The November 2015 Terrorist Siege in Mali
On November 20, 2015, gunmen laid siege to the Radisson Blu, a hotel popular with foreigners in Mali's capital, Bamako. This report discusses issues for Congress in the wake of the attack.
Argentina Votes for Change in 2015 Presidential Election
This report briefly discusses the November 22, 2015 elections in Argentina. Mauricio Macri defeated Daniel Scioli. In a close race, Macri, the mayor of Buenos Aires, took 51.4% of the vote compared to 48.6% for Scioli, the governor of Buenos Aires province.
The Evolution of Cooperative Threat Reduction: Issues for Congress
The United States uses a number of policy tools to address the threat of attack using chemical, biological, radiological, and nuclear (CBRN) weapons. These include a set of financial and technical programs known, variously, as cooperative threat reduction (CTR) programs, nonproliferation assistance, or, global security engagement. Congress has supported these programs over the years, but has raised a number of questions about their implementation and their future direction.
Over the years, the CTR effort shifted from an emergency response to impending chaos in the Soviet Union to a broader...
Reauthorization of the Livestock Mandatory Reporting (LMR) Act in the 114th Congress
The U.S. Department of Agriculture’s (USDA's) Agricultural Marketing Service (AMS) collected livestock and meat price and related market information from meat packers on a voluntary basis under the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. §1621 et seq.). However, as the livestock industry became increasingly concentrated in the 1990s, fewer animals were sold through negotiated (cash; or “spot”) purchases and more frequently sold under alternative marketing arrangements that were not publicly disclosed under voluntary reporting. Some livestock producers, believing such...
The U.S. Tsunami Program: A Brief Overview
The National Oceanic and Atmospheric Administration’s (NOAA’s) National Weather Service (NWS) manages two tsunami warning centers that monitor, detect, and issue warnings for tsunamis. The NWS operates the Pacific Tsunami Warning Center (PTWC) at Ford Island, Hawaii, and the National Tsunami Warning Center (NTWC) at Palmer, Alaska.
The tsunami warning centers monitor and evaluate data from seismic networks and determine if a tsunami is likely based on the location, magnitude, and depth of an earthquake. The centers monitor relevant water-level data, typically with tide-level gauges, and...
Legislation Eliminating the Federal Reserve's Surplus
The Fed retains some of its profits in a surplus account, which currently has a balance of $29.3 billion. This report discusses H.Amdt. 824 to the highway bill (H.R. 22) and H.R. 3189, which would permanently eliminate the surplus.
Paris Attacks and "Going Dark": Intelligence-Related Issues to Consider
This report discusses intelligence efforts on tracking numerous individuals involved in the deadly assault in Paris on November 13, 2015.
Chile: Background and U.S. Relations
Chile, located along the Pacific coast of South America, is a politically stable, upper-middle-income nation of 18 million people. In 2013, Michelle Bachelet and her center-left “New Majority” coalition won the presidency and sizeable majorities in both houses of the Chilean Congress after campaigning on a platform of ambitious reforms designed to reduce inequality and improve social mobility. Since her inauguration to a four-year term in March 2014, President Bachelet has signed into law significant changes to the tax, education, and electoral systems. She has also proposed a number of...
France: Efforts to Counter Islamist Terrorism and the Islamic State
This report discusses the commitment of French government to counter Islamist terrorism as the chief security threat facing the country.
Policy Issues Related to Credit Union Lending
Credit unions make loans to their members, to other credit unions, and to corporate credit unions that provide financial services to individual credit unions. There are statutory restrictions on their business lending activities, which the credit union industry has long advocated should be lifted. Specific restrictions on business lending include an aggregate limit on an individual credit union’s member business loan balances and on the amount that can be loaned to one member. Industry spokespersons have argued that easing the restrictions on member business lending could increase the...
Immigration: Visa Security Policies
The November 13, 2015, terrorist attacks in Paris have refocused attention on U.S. visa issuance and national security screening procedures that undergird the admission of foreign nationals to the United States. The visa issuance process is widely recognized as an integral part of immigration control and border security. Foreign nationals (i.e., aliens) not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted. The foreign national must establish that he/she is qualified for the visa under one of the various...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2016 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations in the THUD bill, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts...
Taxation of Unemployment Benefits
Unemployment compensation (UC) benefits have been fully subject to the federal income tax since the passage of the Tax Reform Act of 1986 (P.L. 99-514). Under tax law, unemployment compensation is a broad category that includes regular state UC benefits, Extended Benefits (EB), Trade Adjustment Assistance (TAA) benefits, Disaster Unemployment Assistance (DUA), and railroad unemployment benefits, as well as the now expired Emergency Unemployment Compensation (EUC08) benefits.
Individuals who receive UC benefits during a year may elect to have the federal (and in some cases state) income...
The Family and Medical Leave Act: An Overview of Title I
The Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3, as amended) entitles eligible employees to unpaid, job-protected leave for certain family and medical reasons, with continued group health plan coverage.
FMLA requires that covered employers grant up to 12 workweeks in a 12-month period to eligible employees for one or more of the following reasons:
the birth and care of the employee’s newborn child, provided that leave is taken within 12 months of the child’s birth;
the placement of an adopted or fostered child with the employee, provided that leave is taken within 12 months...
Congressional Budget Resolutions: Historical Information
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, as amended; 2 U.S.C. 601-688) provides for the annual adoption of a concurrent resolution on the budget each year. The congressional budget resolution represents a budget plan for the upcoming fiscal year and at least the following four fiscal years. As a concurrent resolution, it is not presented to the President for his signature and thus does not become law. Instead, when adopted by Congress, the budget resolution serves as an agreement between the House and Senate on a congressional budget plan. As such, it provides the...
Potential Impact of No Social Security COLA on Medicare Part B Premiums in 2016
Medicare Part B covers physician services, outpatient care, durable medical equipment, laboratory services, and some home health services. Most beneficiaries pay a monthly Part B premium that is set at a rate to cover about 25% of the costs of Part B. The General Fund of the U.S. Treasury covers most of the remaining costs.
These monthly Medicare Part B premiums are automatically deducted from the checks of Social Security beneficiaries. Current projections indicate that there will be no Social Security cost-of-living adjustment (COLA) in 2016, which means that monthly Social Security...
The National Labor Relations Act (NLRA) provides workers with the right to collectively bargain with employers and requires employers to bargain in good faith. The NLRA excludes from the definition of the term “employer” “the United States or any wholly owned government corporation or any state or political subdivision thereof.” The NLRA does not specify whether Indian tribal employers are covered.
Prior to 2004, the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA, followed a rule that excluded from the NLRA tribal employers located on tribal land, but...
Securities Fraud Class Action Certification: Halliburton Co. v. Erica P. John Fund, Inc.
On June 23, 2014, the U.S. Supreme Court decided a much-anticipated case in the area of federal securities law: Halliburton Co. v. Erica P. John Fund, Inc. The history of the case spans more than a decade, through three rounds in federal district court and two rounds in the court of appeals and the Supreme Court. All of the cases so far have dealt with the issue of class certification for securities fraud plaintiffs. The merits of the case have not yet been considered.
Class certification is important in the area of securities law because the merits of the case cannot be considered until...
U.S. Grain Standards Act: Reauthorization in the 114th Congress
Under the United States Grain Standards Act (USGSA) of 1916, the federal government is authorized to establish official marketing standards (not health and safety standards) for grains and oilseeds, and to provide procedures for grain inspection and weighing. To encourage the marketing of high-quality grain for an agriculture sector that is highly dependent on export demand, the USGSA requires that exported grains and oilseeds be officially inspected (if sold by grade) and weighed. Domestic shipments do not require official inspection and weighing, but the service is available and is often...
A 5-4 decision, issued over a highly critical dissent, Burwell v. Hobby Lobby Stores, Inc. resolved one of the many challenges raised in response to the contraceptive coverage requirement of the Affordable Care Act (ACA). Imputing the beliefs of owners of closely held corporations to such corporations, the U.S. Supreme Court found that closely held corporations that hold religious objections to certain contraceptive services cannot be required to provide coverage of those services in employee health plans. The Court’s decision was based on the protections offered under the federal...
In June 2010, Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security (DHS) with law enforcement responsibilities, altered its structure. Among the changes, ICE created a directorate it named “Homeland Security Investigations” or HSI. HSI, one of the two primary operational directorates to emerge from ICE’s 2010 realignment, combined elements within ICE that focused on criminal investigation. The directorate was designed to pursue criminals and terrorists who “violate [U.S.] customs and immigration laws worldwide.” Criminal investigators working for...
The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA; P.L. 114-10)
On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA; P.L. 114-10), as passed by the Senate on April 14, 2015, and by the House on March 26, 2015. The act repeals the sustainable growth rate (SGR) formula for calculating updates to Medicare payment rates to physicians and establishes an alternative set of annual updates. In addition, MACRA introduces a new merit-based incentive payment system and puts in place processes for developing, evaluating, and adopting alternative payment models (APMs).
The act also extends funding that...
The State Department's Final Decision on the Keystone XL Pipeline
This report briefly discusses the State Department's denial of TransCanada's request for a Presidential Permit for proposed pipeline facilities.
Cybersecurity and Information Sharing: Comparison of H.R. 1560 (PCNA and NCPAA) and S. 754 (CISA)
Effective sharing of information in cybersecurity is generally considered an important tool for protecting information systems from unauthorized access. Five bills on such sharing have been introduced in the 114th Congress—H.R. 234, H.R. 1560, H.R. 1731, S. 456, and S. 754, and relevant provisions have appeared in other bills. The White House has also submitted a legislative proposal and issued an executive order on the topic.
H.R. 1560, the Protecting Cyber Networks Act (PCNA), and H.R. 1731, the National Cybersecurity Protection Advancement Act of 2015 (NCPAA), passed the House the week...
EPA's Clean Power Plan: Implications for the Electric Power Sector
On October 23, 2015, the Environmental Protection Agency (EPA) released the final version of regulations to reduce greenhouse gas (GHG) emissions from existing power plants (also referred to as electric generating units or EGUs by EPA). Since carbon dioxide (CO2) from fossil fuel combustion is the largest source of U.S. GHG emissions, and fossil fuels are used for the majority of electric power generation, reducing CO2 emissions from power plants plays a key role in the Administration’s climate change policy. Under the provisions of the Clean Power Plan (CPP), states must prepare plans...
Native Americans living in tribal areas experience some of the poorest housing conditions in the United States. Native Americans in tribal areas are several times more likely to live in housing that is physically substandard or overcrowded than the U.S. population as a whole. They are also more likely to live in poverty than the general population, further contributing to housing problems. In addition, a number of issues, such as the legal status of tribal land, pose unique barriers to housing for many people living in tribal areas.
In light of these conditions, and the federal...
Title VIII of the Bipartisan Budget Act of 2015 (H.R. 1314, P.L. 114-74) makes several changes to the Social Security programs. Among these changes is a temporary reallocation of the Social Security payroll taxes so that a larger share is deposited in the Disability Insurance (DI) trust fund to extend the life of this trust fund beyond its current predicted exhaustion in 2016. Under this provision, the allocation of the 12.40% Social Security payroll tax assigned to the DI trust fund increases from 1.80% to 2.37% and the allocation to the Old-Age and Survivors Insurance (OASI) trust fund...
The Debt Limit: History and Recent Increases
Congress has always restricted federal debt. The Second Liberty Bond Act of 1917 included an aggregate limit on federal debt as well as limits on specific debt issues. Through the 1920s and 1930s, Congress altered the form of those restrictions to give the U.S. Treasury more flexibility in debt management and to allow modernization of federal financing. In 1939, a general limit was placed on federal debt.
Federal debt accumulates when the government sells debt to the public to finance budget deficits and to meet federal obligations or when it issues debt to government accounts, such as the...
The Iran Hostages: Efforts to Obtain Compensation
Even today, after the passage of some three decades, the 1979-1981 Iran Hostage Crisis remains an event familiar to most Americans. Many might be unaware that the 52 American mostly military and diplomatic personnel held hostage in Tehran for 444 days continue to strive for significant compensation for their ordeal. The former hostages and their families did receive a number of benefits under various civil service laws, and each hostage received from the U.S. government a cash payment of $50 for each day held hostage. The hostages have never received any compensation from Iran through...
Apportioning Seats in the U.S. House of Representatives Using the 2013 Estimated Citizen Population
Congressional apportionment is the process of determining the number of Representatives to which each state is entitled in the U.S. House of Representatives based on the decennial census of population. Congressional redistricting, often confused with apportionment, is the process of revising the geographic boundaries of areas from which voters elect Representatives to the House. The apportionment process is a function of four factors: (1) population size, (2) the number of Representatives or seats to be apportioned, (3) the number of states, and (4) the method of apportionment.
Recently,...
Aiding Israel after the Iran Nuclear Deal: Issues for Congress
This report discusses recent indications from the Obama administration that the United States may provide Israel with additional military aid during the implementation of the Joint Comprehensive Plan of Action (JCPOA) with Iran.
Police Use of Force: Rules, Remedies, and Reforms
Several high-profile police shootings and other law enforcement-related deaths in the United States have sparked intense protests throughout the country and a fierce debate in Congress concerning the appropriate level of force police officers should wield in a society that equally values public safety and the lives of each of its citizens under law. These incidents have been the subject of several congressional hearings, have prompted the introduction of various legislative measures, and have catalyzed a new civil rights movement in the United States aimed at reforming the criminal justice...
House Transportation Bill Would Hold Spending Below Senate Bill
This report discusses the Surface Transportation Reauthorization and Reform Act of 2015 (STRRA), which provides only those spending increases the Congressional Budget Office (CBO) has determined are needed to cover projected inflation in the cost of the existing surface transportation program.
The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power...
Is Violent Crime in the United States Increasing?
On August 31, 2015, the New York Times ran an article with the headline “Murder Rates Rising Sharply in Many U.S. Cities.” The story highlighted double-digit percentage increases in homicide rates in several cities, and came on the heels of reports from other media outlets of recent spikes in violent crime in cities across the country. Accounts of rising violent crime rates in some cities have generated speculation about whether the United States is in the midst of a new crime wave.
Overall, homicide and violent crime rates have been trending downward for more than two decades, and both...
Congressional Efforts to Reduce Restrictions on Growing Industrial Hemp
This report briefly discusses U.S. agricultural policies regarding the industrial use of hemp.
Cargo Preferences for U.S.-Flag Shipping
Long-standing U.S. policy has treated the U.S.-flag international fleet as a naval auxiliary to be available in times of war or national emergency. When the United States is involved in an extended military conflict overseas, 90% or more of military cargoes are typically carried by ship. To support the U.S. merchant marine, Congress has required that “government-impelled” cargo sent overseas be carried on U.S.-flag ships. Government-impelled cargo (a.k.a. “preference cargo”) is government-owned cargo, such as military supplies and food aid, and any cargo that is somehow financed by the...
State and Local Government Series (SLGS) Treasury Debt: A Description
On February 4, 2014, in anticipation of no increase in the statutory debt limit, the U.S. Treasury announced in a press release that it would suspend “sales of State and Local Government Series (SLGS) nonmarketable Treasury securities until further notice” on February 7, 2014. The debt limit was extended on February 15, 2014, and the Treasury resumed sales of SLGS on February 18, 2014. As of September 30, 2014, SLGS represented 0.6% ($105.7 billion) of total debt outstanding. Suspending SLGS does not change the debt limit but rather just delays the date when it is reached. Some have...
Federal Reserve: Dividends Paid to Commercial Banks
This report briefly provides background on dividends paid to banks by the Federal Reserve (Fed), which would be reduced in the Senate-passed highway trust fund bill (H.R. 22) as a budgetary offset.
Air Force Bomber Contract Awarded
This report briefly discusses the Department of Defense's recent announcement of its intention to award the contract to build the new Long Range Strike Bomber (LRS-B) to Northrop Grumman Corporation. The program will continue under the LRS-B name; the Air Force has not yet assigned the aircraft a "B-3"-style type designation.
The first clause of the Fourteenth Amendment to the U.S. Constitution, known as the Citizenship Clause, provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This generally has been taken to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the person’s parents, with limited exceptions such as children born to recognized foreign diplomats. The current rule is often called...
Sentencing Reform: Comparison of Selected Proposals
This is a comparison of selected criminal sentencing reform bills as introduced: H.R. 3713, H.R. 2944, S. 502, and H.R. 920; and S. 2123 as passed by the Senate Judiciary Committee with a manager’s amendment. It consists of narrative and charts comparing the bills with respect to adjustments in the mandatory minimum sentencing provisions that apply to controlled substance and firearms offenses, the safety valve, and retroactive application of the Fair Sentencing Act (FSA).
The SBA Disaster Loan Program: Overview and Possible Issues for Congress
Through its Office of Disaster Assistance (ODA), the Small Business Administration (SBA) has been a major source of assistance for the restoration of commerce and households in areas stricken by natural and human-caused disasters since the agency’s creation in 1953. Through its disaster loan program, SBA offers low-interest, long-term loans for physical and economic damages to businesses to help repair, rebuild, and recover from economic losses after a declared disaster. The majority of the agency’s disaster loans, however (over 80%) are made to individuals and households (renters and...
Recognition of Same-Sex Marriage: Implications for Religious Objections
The U.S. Supreme Court’s landmark decision in Obergefell v. Hodges in June 2015 held that the Fourteenth Amendment of the U.S. Constitution required states to issue marriage licenses to same-sex couples and to recognize same-sex marriages formed in other states. The Court’s decision in Obergefell does not directly address incidental claims related to religious freedom in the context of same-sex marriage. However, the case has generated a number of other questions regarding potential implications of the Court’s decision, particularly with respect to the rights of individuals or entities...
In early November, the Bureau of Prisons (BOP) is scheduled to release approximately 6,000 federal inmates convicted of drug trafficking offenses. This report briefly examines the background of this release and its potential effects.
The Effect of Base-Broadening Measures on Labor Supply and Investment: Considerations for Tax Reform
One source of interest in a tax reform that broadens the base and lowers the rate is the potential increase in growth, as labor supply and investment respond to lower marginal tax rates. Yet, studies of a signature reform in the past, the Tax Reform Act of 1986, found little effect on growth. The act was revenue and distributionally neutral, which is a goal of some recent tax reform proposals. One reason advanced for the limited effects on growth is that the effects of provisions that broaden the base to finance lower statutory rates increase effective marginal tax rates for some...
U.S. Postal Service Workforce Size and Employment Categories, FY1995-FY2014
This report provides data from the past 20 years on the size and composition of the U.S. Postal Service’s (USPS’s) workforce. Reforms to the size and composition of the workforce have been an integral part of USPS’s strategy to reduce costs and regain financial solvency, particularly between FY2007 and FY2014. Since 2007, USPS has experienced significant revenue losses that have affected its ability to manage its expenses. Personnel costs are one of the primary drivers of USPS’s operating expenses. As such, USPS has employed strategies to reform the size and composition of its workforce in...
This report briefly discusses various issues regarding the election process in Haiti. Haiti is in the midst of a national election cycle to fill all 119 seats in the Chamber of Deputies, 20 seats in the 30-seat Senate, and most municipal offices - and to elect a new president.
Points of Order in the Congressional Budget Process
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, as amended) created a process that Congress uses each year to establish and enforce the parameters for budgetary legislation. Enforcement of budgetary decisions is accomplished through the use of points of order, and through the reconciliation process. Points of order are prohibitions against certain types of legislation or congressional actions. These prohibitions are enforced when a Member raises a point of order against legislation that may violate these rules when it is considered by the House or Senate.
This report...
This report is an overview of U.S. foreign assistance to the Middle East and North Africa. It includes a review of the President’s FY2016 request for the region, a description of selected country programs, and an analysis of current foreign aid issues. We anticipate updating it annually.
Since 1946, the United States has provided an estimated total of between $282 billion to $292 billion (obligations in current dollars) in foreign assistance to the region. For FY2016, overall non-humanitarian bilateral aid requested for Middle East and North Africa countries amounts to $7.14 billion, or...
Federal Affirmative Action Law: A Brief History
Affirmative action remains a subject of public debate as the result of legal and political developments at the federal, state, and local levels. Over the years, federal courts have reviewed minority admissions programs to state universities; scrutinized the constitutional status of racial diversity policies in public elementary and secondary schools; ruled on minority preferences in public and private employment as a remedy for violation of civil and constitutional rights; and considered federal, state, and local efforts to increase minority participation as contractors and subcontractors...
Greenhouse Gas Pledges by Parties to the United Nations Framework Convention on Climate Change
International negotiations are underway toward an agreement, due in December 2015, under the United Nations Framework Convention on Climate Change (UNFCCC) regarding commitments and actions to address human-related, global climate change from 2020 on. This report summarizes the existing commitments and pledges of selected national and regional governments to limit their greenhouse gas (GHG) emissions as contributions to the global effort.
The negotiations cover additional topics, including adaptation to the impacts of climate change and financing to assist the efforts of low-income...
Federal Aid for Reconstruction of Houses of Worship: A Legal Analysis
In late October 2012, Hurricane Sandy struck the East Coast of the United States, causing severe damage to the mid-Atlantic and northeast regions of the country. The resulting destruction led to major disaster declarations in 12 states and the District of Columbia, making those states eligible for certain federal supplemental assistance to aid in the recovery process. The damage resulting from Hurricane Sandy devastated a wide range of communities, and many individuals and organizations sought federal assistance for recovery, including churches, which, in turn, raised constitutional...
During the state visit on September 24-25, 2015, President Xi Jinping of China and President Barack Obama reached a Cyber Agreement. This report briefly discusses that agreement.
International Crises and Disasters: U.S. Humanitarian Assistance Response Mechanisms
The majority of humanitarian emergencies worldwide stem from natural disasters or from conflicts. Congress has consistently supported humanitarian efforts as a means of saving lives, promoting stability, and furthering U.S. foreign policy objectives. Intervention results in varying amounts of relief and recovery assistance and can have an important impact not only on the relief operation itself but on broader foreign policy issues. In the 114th Congress, international humanitarian and refugee assistance is expected to continue to have a strong measure of bipartisan interest, with key...
U.S. Natural Gas Exports and the Trans-Pacific Partnership (TPP) Agreement
On October 5, 2015, President Obama announced the conclusion of negotiations for the Trans-Pacific Partnership (TPP), a free trade agreement (FTA) among the United States and 11 other Asia-Pacific nations - Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. This report briefly discusses the agreement and its potential effects.
Alternative Inflation Measures for the Social Security Cost-of-Living Adjustment (COLA)
Monthly Social Security payments for retired workers, disabled workers, and all other beneficiaries are generally increased annually by a cost-of-living adjustment (COLA), which is based on growth in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), a measure of inflation calculated by the Bureau of Labor Statistics (BLS). Several proposals would base the COLA on other measures of inflation produced by the BLS. Some would set the Social Security COLA equal to growth in the Chained CPI for All Urban Consumers (C-CPI-U), which is projected to reduce Social...
Less-than-Nationwide Ceasefire Agreement Signed in Burma
Eight ethnic groups and representatives of Burma's government signed a ceasefire agreement on October 15, possibly moving the country one step closer to ending its six decade long civil war. This report briefly discusses the process that lead to the agreement and its implications.
Sentence Reform Acts: S. 2123 and H.R. 3713
As introduced, the Sentencing Reform and Corrections Act of 2015, S. 2123, and the Sentencing Reform Act of 2015, H.R. 3713, use virtually identical language to reduce the impact of the mandatory minimum sentences which federal courts must now impose for certain drug trafficking and firearms offenses.
Key Takeaways
Existing law requires long minimum sentences for certain drug traffickers who have prior drug convictions. S. 2123 and H.R. 3713 would shorten the mandatory minimums, but apply them for both prior drug and violent felony convictions.
The safety valve permits judges to ignore...
The Discharge Rule in the House: Principal Features and Uses
The “discharge rule” of the House of Representatives allows a measure to come to the floor for consideration even if the committee of referral does not report it and the leadership does not schedule it. To initiate this action, a majority of House Members must first sign a petition for that purpose. After a petition has garnered 218 signatures, a motion to discharge may then be offered on the floor—but only after at least seven legislative days and only on a second or fourth Monday of a month.
The rule allows for two main methods of action: (1) The committee of referral may be discharged...
The Internet of Things: Frequently Asked Questions
“Internet of Things” (IoT) refers to networks of objects that communicate with other objects and with computers through the Internet. “Things” may include virtually any object for which remote communication, data collection, or control might be useful, such as vehicles, appliances, medical devices, electric grids, transportation infrastructure, manufacturing equipment, or building systems.
In other words, the IoT potentially includes huge numbers and kinds of interconnected objects. It is often considered the next major stage in the evolution of cyberspace. Some observers believe it might...
Public Health Service Agencies: Overview and Funding (FY2010-FY2016)
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS). The PHS agencies are funded primarily with annual discretionary appropriations. They also receive significant amounts of funding from other sources including mandatory funds from the Affordable Care Act (ACA), user fees, and third-party reimbursements (collections).
The Agency for Healthcare Research and Quality (AHRQ) funds research on improving the quality and delivery of health care. For several years prior to FY2015, AHRQ did not receive a direct...
Colombian Peace Talks Breakthrough: A Possible End- Game?
This report briefly discusses the recent breakthrough reached in talks between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) just a day after Pope Francis left Cuba, following more than 40 rounds of discussions held in Havana since November 2012.
Meat Animal Research Center: The Animal Welfare Act and Farm Animal Research
On January 19, 2015, the New York Times (NYT) published an exposé of research activities at the Roman L. Hruska U.S. Meat Animal Research Center located near Clay Center, Nebraska. The Center is a U.S. Department of Agriculture (USDA) facility overseen by USDA’s Agricultural Research Service (ARS). A veterinarian, who had worked at the Center for 24 years, approached the newspaper after his concerns about animal welfare conditions apparently went unanswered by the Center. The news article described “unsanitary housing and brutal treatment of pigs; violent forced mating between bulls and...
Impact Aid, Title VIII of the Elementary and Secondary Education Act: A Primer
The Impact Aid program, administered by the U.S. Department of Education (ED) and authorized by Title VIII of the Elementary and Secondary Education Act (ESEA) is one of the oldest federal education programs, dating from 1950. Impact Aid compensates local educational agencies (LEAs) for “substantial and continuing financial burden” resulting from federal activities. These activities include federal ownership of certain lands, as well as the enrollments in LEAs of children whose parents work or live on federal land and children living on Indian lands. The federal government provides...
Issues in a Tax Reform Limited to Corporations and Businesses
Some tax proposals have focused on broadening the tax base and lowering the rates of both individual and corporate income taxes. In some cases, these proposals have advanced a revenue-neutral tax reform. In other instances, they have proposed revenue increases. An example of a broad-based revenue-neutral income tax reform is H.R. 1 introduced in the 113th Congress by then Ways and Means Chairman Dave Camp. The bill proposed lowering both individual and corporate rates, while increasing the tax base through revising both business-related tax benefits (such as accelerated depreciation) and...
Conflict Minerals and Resource Extraction: Dodd-Frank, SEC Regulations, and Legal Challenges
Two sections of the Dodd-Frank Wall Street Reform and Protection Act (Dodd-Frank) require that the Securities and Exchange Commission (SEC or Commission) issue regulations to make public the involvement of U.S. companies in conflict minerals and in resource extraction payments. Both sections have been subject to litigation. As of the date of this report, the rules pursuant to Section 1502 are in effect, with the exception of the disclosure requirements being reviewed by the Court of Appeals for the D.C. Circuit. The SEC continues its rulemaking proceedings under Section 1504.
Key Takeaways...
Runaway and Homeless Youth Act: Current Issues for Reauthorization
The Runaway and Homeless Youth program is authorized by the Runaway and Homeless Youth Act, and funds organizations throughout the country to provide services to youth who have run away and/or experience homelessness. The program, which is administered by the U.S. Department of Health and Human Services (HHS), includes three components: (1) the Basic Center program (BCP), which provides outreach, temporary shelter, and counseling for up to 21 days to youth under age 18 who have run away or are homeless; (2) the Transitional Living program (TLP), which supports residential services and...
Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping
Congressional attention has recently been directed towards two practices within the pharmaceutical industry. The first pertains to “reverse payment” or “pay-for-delay” settlements of patent litigation. Under this scenario, a generic firm agrees to neither challenge the brand-name company’s patents nor sell a generic version of the patented drug for a period of time. In exchange, the brand-name drug company agrees to compensate the generic firm, sometimes with substantial monetary payments over a number of years. Because the payment flows counterintuitively, from the patent owner to the...
The Elementary and Secondary Education Act (ESEA) was last comprehensively reauthorized by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 114th Congress, the House Education and the Workforce Committee reported the Student Success Act (H.R. 5), which would provide for a comprehensive reauthorization of the ESEA. The bill was subsequently passed on the House floor on July 7, 2015. The Senate Health, Education, Labor, and Pensions (HELP) Committee reported the Every Child Achieves Act of 2015 (ECAA; S. 1177), which was subsequently passed on the Senate floor on July...
Integrated Mortgage Disclosure Forms and H.R. 3192 and S. 1484/S. 1910: In Brief
On November 20, 2013, the Consumer Financial Protection Bureau (CFPB) issued the TILA-RESPA Integrated Disclosure (TRID) Final Rule that would require mortgage lenders to use more easily understood and streamlined mortgage disclosure forms. The Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) have long required lenders to provide consumers disclosures about the estimated and actual real estate settlement costs and financial terms of the mortgages they offer. These disclosures are intended to help consumers compare the terms and make informed decisions...
2015 Leaders' Summit on U.N. Peacekeeping
This report discusses the outcome of the 2015 Leaders' Summit on U.N. Peacekeeping, which might elevate ongoing congressional interest in several policy issues related to U.N. peacekeeping.
“Amazon Laws” and Taxation of Internet Sales: Constitutional Analysis
As more purchases are made over the Internet, states are looking for new ways to collect taxes on online sales. There is a common misperception that the U.S. Constitution prohibits states from taxing Internet sales. This is not true. States may impose sales and use taxes on such transactions, even when the retailer is outside the state. However, if the seller does not have a constitutionally sufficient connection (“nexus”) to the state, then the seller is under no enforceable obligation to collect the tax and remit it to the state. The purchaser is still generally responsible for paying...
Overview of the FY2016 Continuing Resolution (H.R. 719)
The purpose of this report is to provide an analysis of the FY2016 continuing appropriations in H.R. 719. None of the FY2016 regular appropriations bills were enacted by the start of the fiscal year (October 1, 2015). On September 30, 2015, H.R. 719, a continuing resolution (CR) for FY2016, was signed into law by the President (P.L. 114-53).
The CR for FY2016 covers all 12 regular appropriations bills by providing continuing budget authority for projects and activities funded in FY2015 by that fiscal year’s regular appropriations acts, with some exceptions. It includes both budget...
Klamath Basin Settlement Agreements
The Klamath River Basin on the California-Oregon border is a focal point for local and national discussions on water allocation and species protection. Previously, water and species management issues have exacerbated competition and generated conflict among several interests—farmers; Indian tribes; commercial and sport fishermen; federal water project and wildlife refuge managers; environmental groups; hydropower facility operators; and state, local, and tribal governments. Drought conditions and a call for water by senior water rights holders in 2013 have again brought these issues to the...
Disconnected Youth: A Look at 16 to 24 Year Olds Who Are Not Working or In School
In recent years, policymakers and youth advocates have focused greater attention on young people who are neither working nor in school. Generally characterized as “disconnected,” these youth may also lack strong social networks that provide assistance in the form of employment connections and other supports such as housing and financial assistance. Without attachment to work or school, disconnected youth may be vulnerable to experiencing negative outcomes as they transition to adulthood. The purpose of the report is to provide context for Congress about the characteristics of disconnected...
Presidential Vetoes of Annual Defense Authorization Bills
This report briefly discusses the historical precedent of Defense Secretary Ashton B. Carter's recommendation that President Obama veto the conference report on H.R. 1735, the National Defense Authorization Act (NDAA) for FY2016. If Obama were to veto the measure, it would mark the fifth time since 1961 that a president has vetoed that measure.
Taxation of Internet Sales and Access: Legal Issues
In recent years, there has been significant congressional interest in the states’ ability to impose sales and use taxes on sales made over the Internet. While these taxes are imposed on the consumer, states generally prefer that retailers collect and remit them, rather than relying on the consumer to pay the tax. State laws requiring retailers to collect sales and use taxes are subject to federal law. First, such laws must comply with the U.S. Constitution, of which two provisions are particularly relevant—the dormant Commerce Clause and the Fourteenth Amendment’s Due Process Clause....
Poverty in the United States in 2014: In Brief
In 2014, approximately 46.7 million people, or 14.8% of the population, had incomes that fell below the official definition of poverty in the United States. Neither the number of people in poverty, nor the poverty rate (the percentage that were in poverty), had changed discernably from the previous year.
In this brief, the numbers and percentages of those in poverty are based on the Census Bureau’s estimates. While the official measure is regarded as a statistical yardstick rather than as a complete description of what people and families need to live, it does offer a measure of economic...
EPA's New Ozone Standards: A Few Thoughts
This report discusses the EPA's review of the National Ambient Air Quality Standards (NAAQS). After several years of analysis, EPA proposed more stringent standards last November. This began a public comment period, leading toward the final decision.
Emerging Markets: Is Slower Growth Temporary?
This report discusses the growing vulnerabilities Emerging market (EM) countries are facing due to declining global trade, depreciating currencies, sharply lower commodity prices, volatile equity markets, and deeper economic reforms.
Mexico's Oil and Gas Sector: Background, Reform Efforts, and Implications for the United States
The future of oil and natural gas production in Mexico is of importance for both Mexico’s economic growth, as well as for U.S. energy security, a key congressional interest. Mexico is a top trade partner and the third-largest crude oil supplier to the United States. Mexico’s state oil company, Petroleos Mexicanos (Pemex) remains an important source of government revenue even as it is struggling to counter declining oil production and reserves. Due to an inability to meet rising demand, Mexico has also significantly increased natural gas imports from the United States. Still, gas shortages...
The Lord’s Resistance Army: The U.S. Response
The Lord’s Resistance Army (LRA), led by Joseph Kony, is a small, dispersed armed group active in remote areas of Central Africa. The LRA’s infliction of widespread human suffering and its potential threat to regional stability have drawn significant attention in recent years, including in Congress. Campaigns by U.S.-based advocacy groups have contributed to policymakers’ interest.
Since 2008, the United States has provided support to Ugandan-led military operations to capture or kill LRA commanders, which since 2012 have been integrated into an African Union (AU) “Regional Task Force”...
Constitutional Implications of State GE Food Labeling Laws
The labeling of genetically engineered (GE) foods, sometimes referred to as genetically modified foods (GMO foods), has been the subject of debate among members of the general public, industry participants, and federal and state governments. Grocery Manufacturers Association v. Sorrell serves as a case study on the constitutional implications of state GE food labeling laws and provides some insight on the judicial consideration of GE labeling as Congress considers GE labeling legislation in the 114th Congress.
Key Takeaways of This Report
The Food and Drug Administration (FDA) does not...
The Supreme Court in its last term by a vote of 6-3 invalidated a statute passed by Congress touching on the status of Jerusalem, affirming the U.S. Court of Appeals for the D.C. Circuit decision in Zivotofsky v. Secretary of State that the President’s power to recognize foreign sovereigns is exclusive and trumps Congress’s authority to regulate passports. The Court’s decision in Zivotofsky v. Kerry (Zivotofsky II) represents the first time the Court has struck down a congressionally enacted law on the basis of a separation-of-powers infringement involving a matter of foreign affairs. At...
The World Trade Organization Agreement on Technical Barriers to Trade and Recent Food Labeling Cases
The World Trade Organization’s (WTO) Agreement on Technical Barriers to Trade (TBT Agreement) contains obligations that WTO members must adhere to when they impose requirements on a product’s characteristics. Countries typically implement such requirements in order to protect human health or the environment, prevent deceptive practices, or further other legitimate policy goals. However, these measures can be trade-distorting, and sometimes countries implement such regulations solely to protect domestic markets. To that end, the TBT Agreement is intended to balance the need to protect...
The Constitution provides Congress with the power to punish and discipline its Members. Since the House Committee on Ethics was created during the 90th Congress, it has been authorized to investigate allegations of misconduct against Members and staff, and if necessary, recommend sanctions that are then considered by the whole House. This report examines instances when the House Ethics Committee has recommended a sanction, and amendments or alternatives have been considered on the House floor. Since the committee’s creation, the House has attempted to amend sanction recommendations only a...
The FY2016 Continuing Resolution (H.R. 719)
This report discusses a resolution which would provide temporary funding to continue federal government operations through the beginning of the fiscal year, until annual appropriations acts could be enacted.
In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employer’s refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPS’s actions violated the Pregnancy Discrimination Act (PDA), a federal law that prohibits pregnancy discrimination in employment. In a highly anticipated ruling, the Justices fashioned a new test for determining when an employer’s refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the...
Floor Consideration of Conference Reports in the Senate
When a conference committee approves its report, the next step in the legislative process is for the report, along with a joint explanatory statement of the managers, to be presented to the House and Senate for consideration. A conference report must be considered in one chamber at a time when a chamber is in possession of the official conference papers. The papers consist of the conference report as well as the bill and the amendment(s) sent to conference.
Economic Effects of the FY2014 Shutdown
This report provides an info-graphic discussing the economic effects of the FY2014 shutdown.
Queen-of-the-Hill Rules in the House of Representatives
Congressional Research Service 7-5700 www.crs.gov RS20313 Contents Special Rules and the Amending Process 1 King-of-the-Hill: Predecessor to Queen-of-the-Hill 1 Queen-of-the-Hill 2
Tables Table 1. Queen-of-the-Hill Rules 2
Contacts Author Contact Information 2
Summary A special rule is a House resolution intended to regulate floor consideration of a specific legislative measure named in the resolution. When adopted by the House, the requirements prescribed by a special rule can supersede the standing rules of the House (as well as rulemaking provisions in statutes such as the...
Disparate Impact Claims Under the Fair Housing Act
The Fair Housing Act (FHA) was enacted “to provide, within constitutional limitations, for fair housing throughout the United States.” It prohibits discrimination on the basis of race, color, religion, national origin, sex, physical and mental handicap, and familial status. Subject to certain exemptions, the FHA applies to all sorts of housing, public and private, including single family homes, apartments, condominiums, and mobile homes. It also applies to “residential real estate-related transactions,” which include both the “making [and] purchasing of loans ... secured by residential...
Senate Conferees: Their Selection and Authority
Conference committees usually prepare the final versions of the most important bills that Congress approves. Who the conferees are and what decisions they can make, therefore, can have an important effect on the outcome of the legislative process. This report describes the selection and authority of Senate conferees.
Funding and Financing Highways and Public Transportation
Federal surface transportation programs are currently funded primarily through taxes on motor fuels that are deposited in the Highway Trust Fund (HTF). Although there has been some modification to the tax system, the tax rates, which are fixed in terms of cents per gallon, have not been increased at the federal level since 1993. Prior to the recession that began in 2007, annual increases in driving, with a concomitant increase in fuel use, were sufficient to keep revenues rising steadily. This may no longer be the case. Although vehicle miles traveled have recently returned to...
Reports of “waste, fraud, and abuse” in federal contracting often prompt questions about what the government can do to hold its vendors accountable for failure to perform as required under their contracts, or for legal violations or other misconduct unrelated to contract performance. Broadly speaking, the government can be seen as having two types of legal recourse available to it in such situations. The first type involves rights provided to the government as terms of its contracts, which the government may exercise without resort to judicial proceedings. The second type involves other...
Syrian Refugee Admissions to the United States
This report discusses the U.S.'s plans to admit Syrian and other refugees in FY2016 and beyond. The Obama Administration initially proposed an overall refugee ceiling of 75,000 for FY2016 and held consultations with Congress on that proposal, as required by law.
Restrictions on Trade in Elephant Ivory
For decades, illegal trade in elephant ivory has threatened the viability of wild populations of the Asian elephant (Elephas maximus) and the African elephant (Loxodonta africana). To reduce the United States’ contribution to the demand for illegal elephant ivory, President Obama announced in February 2014 that his Administration would “strengthen enforcement” of U.S. laws governing the trade as part of his National Strategy for Combating Wildlife Trafficking. Shortly thereafter, the Department of the Interior’s (DOI’s) Fish and Wildlife Service (FWS or Service) took administrative actions...
Copyright Licensing in Music Distribution, Reproduction, and Public Performance
This report provides an overview of the complexities of the Copyright Act’s provisions concerning music licensing. It also discusses four issues involving copyrights in musical works and sound recordings that have been the subject of recent congressional and judicial consideration: (1) extending copyright protection to pre-1972 sound recordings; (2) requiring radio broadcasters to compensate recording artists; (3) changing the standard used to calculate royalties for digital music transmissions; and (4) modifying antitrust consent decrees governing songwriter performance royalties....
The National Wild and Scenic Rivers System: A Brief Overview
The Wild and Scenic Rivers Act of 1968 (P.L. 90-542, 16 U.S.C. §§1271 et seq.) created the National Wild and Scenic Rivers System. The act established a policy of preserving designated free-flowing rivers for the benefit and enjoyment of present and future generations and to complement the then-current national policy of constructing dams and other structures along many rivers.
River units designated as part of the system are classified and administered as wild, scenic, or recreational rivers, based on the condition of the river, the amount of development in the river or on the shorelines,...
Canada's October 2015 Elections
This report discusses the political climate in Canada, leading up to Canada's next election, scheduled for October 19, 2015. The outcome of the election may have implications for the United States, which is Canada's largest trading partner, largest energy consumer, and NATO ally.
Oversight of the Inspector General Community: The IG Council’s Integrity Committee
The federal government has more than 70 federal inspectors general (IGs) who are vested with authority to combat waste, fraud, and abuse in their affiliated departments and agencies. This community of IGs serves a key role in assisting congressional oversight by conducting audits, investigations, and evaluations of their affiliated agencies, and by providing written reports at least two times a year to Congress.
The Inspector General Act of 1978 (5 U.S.C. Appendix), as amended, establishes an Integrity Committee (IC) that serves to oversee the appropriate conduct of high-ranking employees...
Russian Deployments in Syria Complicate U.S. Policy
This report briefly discusses Russia's military presence in Syria. In recent weeks, Russia has moved military equipment and personnel to Syria, which could potentially be used to resupply the Asad regime or lead to a direct Russian intervention in the Syrian civil war.
Human Rights in China and U.S. Policy: Issues for the 114th Congress
This report examines human rights issues in the People’s Republic of China (PRC), including ongoing rights abuses, and legal developments. Major events of the past two years include a clampdown on political dissent and civil society and an escalation of violence in Xinjiang, which many experts attribute at least in part to repressive government policies. Some observers view the closing of the “Re-education Through Labor” penal system as a potentially positive development, although many PRC citizens still are subject to various forms of extra-legal detention. Other, ongoing human rights...
The Amending Process in the House of Representatives
Congressional Research Service 7-5700 www.crs.gov 98-995 Summary Most amendments that Representatives propose to legislation on the House floor are offered in the Committee of the Whole. Measures considered under suspension of the rules are not subject to floor amendments, and few amendments are proposed to bills and resolutions considered in the House or in the House as in Committee of the Whole. The House’s procedures recognize distinctions between first- and second-degree amendments, between perfecting and substitute amendments, and among amendments in the forms of motions to strike, to...
Flow of Business: A Typical Day on the Senate Floor
Congressional Research Service 7-5700 www.crs.gov 98-865 Summary Several authorities govern the daily work in the Senate chamber: its standing rules, standing orders, unanimous consent agreements, precedent, and tradition. Because these authorities have different influence at certain times, no Senate session day is truly “typical.” This report discusses procedures that usually occur every session day and notes certain business items that occur less frequently. This report will be revised as events warrant. Contents Legislative and Calendar Days/Morning Hour and Morning Business 1 Items of...
Expedited Procedures in the House: Variations Enacted into Law
Congressional Research Service 7-5700 www.crs.gov RL30599 Summary Congress enacts expedited, or fast-track, procedures into law when it wants to increase the likelihood that one or both houses of Congress will vote in a timely way on a certain measure or kind of measure. These procedures are enacted as rule-making provisions of law pursuant to the constitutional power of each house to adopt its own rules. The house to which a set of expedited procedures applies may act unilaterally to waive, suspend, amend, or repeal them. Sets of expedited procedures, as they affect the House of...
Section 924(c) requires the imposition of one of a series of mandatory minimum terms of imprisonment upon conviction for misconduct involving the firearm and the commission of a federal crime of violence or a federal drug trafficking offense. The terms vary according to the type of firearm used, the manner of the firearm’s involvement, and whether the conviction involves a single, first-time offense. Liability extends to co-conspirators and to those who aid or abet in the commission of a violation of the section.
If a machine gun, silencer, short barreled rifle, short barreled shotgun, or...
The Amending Process in the Senate
A bill is subject to amendment as soon as the Senate begins to consider it. Committee amendments are considered first; then Senators can offer amendments to any part of the bill, generally, in any order. Senators may debate each amendment without limit unless the Senate (1) agrees to a motion to table (kill) the amendment, (2) agrees to a unanimous consent request to limit debate on the amendment, or (3) invokes cloture, limiting debate on the amendment or on the bill and all amendments to it.
There are several different types of amendments. A first-degree amendment proposes to change the...
The President Pro Tempore of the Senate: History and Authority of the Office
The U.S. Constitution establishes the office of the President pro tempore of the Senate to preside over the Senate in the Vice President’s absence. Since 1947, the President pro tempore has stood third in line to succeed to the presidency after the Vice President and the Speaker of the House.
Although the President pro tempore’s powers are limited and not comparable to those of the Speaker of the House, as the chamber’s presiding officer, he is authorized to perform certain duties. For example, he may decide points of order (subject to appeal) and enforce decorum in the Senate chamber and...
Powering Africa: Challenges of and U.S. Aid for Electrification in Africa
The largest infrastructure deficit in sub-Saharan Africa, a region mostly made up of low income developing countries, is in the power sector, according to the World Bank. Rates of access to electricity in Africa are very low by global standards, notably in rural areas. About 57% of Africans, or about 621 million people, lack access to electricity (also referred to as “power” in this report). Whether measured in terms of generation and distribution capacity, electricity consumption, or security of supply, Africa’s power sector delivers a fraction of the service needed or found elsewhere in...
This report discusses issues leading up to Greece's snap legislative election on September 20, only eight months after the country's last election. Greece continues to struggle with the negative repercussions of a sovereign debt and financial crisis that began in 2009.
Federal Credit Programs: Comparing Fair Value and the Federal Credit Reform Act (FCRA)
The U.S. government uses direct loans and loan guarantees in a range of policy areas. More than 100 direct federal loans and private financial institution loans guaranteed by the government, known as federal credit programs, are available to individuals and firms. The credit programs support a wide range of economic activities, including home ownership, education, small business, farming, energy, infrastructure investment, and exports. At the end of fiscal year (FY) 2014, outstanding federal credit totaled $3.3 trillion, with direct loans at $1.0 trillion and loan guarantees at $2.3...
The Toxic Substances Control Act (TSCA): A Summary of the Act and Its Major Requirements
This report summarizes the Toxic Substances Control Act (TSCA) and the major regulatory programs dealing with chemical production and distribution in U.S. commerce. Issues related to TSCA implementation over time are addressed in CRS Report RL34118, The Toxic Substances Control Act (TSCA): Implementation and New Challenges, by Linda-Jo Schierow.
President Ford signed TSCA into law on October 11, 1976. Subsequently, five titles were added to address specific concerns—asbestos in 1986 (Title II, P.L. 99-519), radon in 1988 (Title III, P.L. 100-551), lead in 1992 (Title IV, P.L. 102-550),...
Procedures for Congressional Action in Relation to a Nuclear Agreement with Iran: In Brief
An April 2015 framework for negotiations on a comprehensive nuclear agreement with Iran suggests that a final agreement that would ease many existing sanctions on Iran might be reached. Amid concerns among some in Congress about the terms of the potential agreement with Iran, Congress passed, and the President signed, the Iran Nuclear Agreement Review Act of 2015 (P.L. 114-17). The act establishes a period for Congress to review any comprehensive agreement with Iran, during which certain presidential actions to provide relief from sanctions on Iran are barred. It also provides for...
Pension Sponsorship and Participation: Summary of Recent Trends
This report discusses trends that will affect the economic well-being of future retirees.
Surface Transportation Program Reauthorization Issues for Congress
The Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141), a two-year authorization of federal spending on highway and public transportation programs, surface transportation safety and research, and some rail programs, was set to expire September 30, 2014. MAP-21 has been extended three times since then, most recently through October 29, 2015, by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114-41). That legislation also transferred $8.07 billion from the Treasury general fund to the Highway Trust Fund (HTF).
Nearly all the...
The FY2014 Government Shutdown: Economic Effects
The federal government experienced a funding gap beginning on October 1, 2013, which ended when the Continuing Appropriations Act, 2014 (P.L. 113-46) was signed into law on October 17, 2013. This funding gap resulted in a “government shutdown” and the furlough of federal employees who were not excepted. The Continuing Appropriations Act, 2014 also temporarily suspended the statutory debt limit through February 7, 2014. This report discusses the effects of the FY2014 government shutdown on the economy.
The government shutdown had both direct and indirect effects on economic growth. It...
Affirmative Action and Diversity in Public Education: Legal Developments
Almost four decades after the Supreme Court ruling in Regents of the University of California v. Bakke, the diversity rationale for affirmative action in public education remains a topic of political and legal controversy. Many colleges and universities have implemented affirmative action policies not only to remedy past discrimination, but also to achieve a racially and ethnically diverse student body or faculty. Justice Powell, in his opinion for the Bakke Court, stated that the attainment of a diverse student body is “a constitutionally permissible goal for an institution of higher...
Unmanned Aircraft Systems (UAS): Commercial Outlook for a New Industry
Unmanned aircraft systems (UAS)—commonly referred to as drones—have become a staple of U.S. military reconnaissance and weapons delivery in overseas war zones such as Afghanistan. Now some new technologies and pending federal regulations are enabling the manufacture and use of UAS in domestic commerce, giving rise to a growing commercial UAS industry.
Flying small, unmanned aircraft has been a hobbyists’ pastime for decades. However, the Federal Aviation Administration (FAA) currently prohibits the use of UAS for commercial purposes, except where it has granted an exemption permitting...
Spectrum Policy: Provisions in the 2012 Spectrum Act
The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, signed February 22, 2012) contains provisions in Title VI that expedite the availability of spectrum for commercial mobile broadband. The provisions in Title VI—also known as the Public Safety and Spectrum Act, or the Spectrum Act—cover reallocation of spectrum, new assignments of spectrum rights, and changes in procedures for repurposing spectrum used by the federal government. The act establishes a process for television broadcasters to release spectrum licensed to them for auction as commercial licenses (Broadcast...
Statutory Qualifications for Executive Branch Positions
In the aftermath of Hurricane Katrina, some Members of Congress and others questioned the competence of leadership at the Federal Emergency Management Agency (FEMA). After investigating the federal response to the hurricane, the Senate Committee on Homeland Security and Governmental Affairs concluded that the agency’s leader had “lacked the leadership skills that were needed for his critical position.” In response, the Post-Katrina Emergency Management Reform Act of 2006 (P.L. 109-295, 120 Stat. 1394) stipulated that the FEMA Administrator, among other top agency leaders, must meet certain...
Veterans’ Benefits: Pension Benefit Programs
This report discusses selected veteran pension programs administered by the Department of Veterans Affairs (VA):
The Improved Disability Pension makes payments to certain low-income veterans. In FY2013, the program paid an average benefit of about $11,300 to about 310,000 beneficiaries.
The Improved Death Pension makes payments to certain low-income spouses or children of deceased veterans. In FY2013, the program paid an average benefit of about $7,000 to about 210,000 beneficiaries.
The Medal of Honor Pension makes payments to veterans who were awarded the Medal of Honor. Fewer than 100...
An Analysis of Efforts to Double Federal Funding for Physical Sciences and Engineering Research
Federal funding of physical sciences and engineering (PS&E) research has played a substantial role in U.S. economic growth and job creation by creating the underlying knowledge that supports technological innovation. Some Members of Congress and leaders in industry and academia have expressed concern that recent public investments in these disciplines have been inadequate in light of the emergence of new global competitors and the science and technology-focused investments of other nations. A 2005 National Academies report, Rising Above the Gathering Storm: Energizing and Employing America...
Temporary Assistance for Needy Families (TANF): Financing Issues
The Temporary Assistance for Needy Families (TANF) block grant provides grants to states, Indian tribes, and territories to help them fund a wide range of benefits and services for needy families with children. It was created in the 1996 welfare reform law, which rewrote the rules for cash assistance programs for these families. The 1996 law also created TANF as a broad-purpose block grant with state flexibility to design programs to address both the effects of and root causes of childhood economic disadvantage.
TANF funding is based on the amount of federal and state expenditures in its...
Pope Francis and Selected Global Issues: Background for Papal Address to Congress
Pope Francis (born Jorge Mario Bergoglio) assumed the papacy on March 13, 2013, following the surprise resignation of Pope Benedict XVI (Joseph Ratzinger), who had served as pope since the death of St. Pope John Paul II (Karol Józef Wojtya) in 2005. The pope, respectfully referred to as “Your Holiness,” serves as head of the Holy See (diocese) of Rome and as the leader of the world’s roughly 1.2 billion Catholics. He is the first pope elected from Latin America, the first Jesuit pope (an order of priests founded by Ignatius Loyola), and the first pope in recent times who spent much of his...
The National Science Foundation: Background and Selected Policy Issues
The National Science Foundation (NSF) supports both basic research and education in the non-medical sciences and engineering. Congress established the foundation in 1950 and directed it to “promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes.” The NSF is a major source of federal support for U.S. university research, especially in certain fields such as mathematics and computer science. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics...
Drought Legislation: Comparison of Selected Provisions in H.R. 2898 and S. 1894
Several western states are experiencing extreme, and in some cases exceptional, drought conditions. The persistence and intensity of the current drought has received considerable attention from Congress. To date, federal legislative proposals to address drought have focused on the federal role in managing water supplies, supporting drought-related projects and programs, and conserving fish species and their habitat.
A number of bills in the 114th Congress include proposals to address drought, including S. 176, S. 1837, S. 1894, H.R. 2898, and H.R. 3045, among others. Two of these bills...
VA Accountability Act of 2015 (H.R. 1994) as Passed by the House
This report describes H.R. 1994, 114th Congress, 1st Session, the VA Accountability Act of 2015, as passed by the House on July 29, 2015, and compares its sections to current law where appropriate. Sections 1 through 10 were reported by the Committee on Veterans Affairs. Section 11 was added as a floor amendment.
Section 1 is the short title, “VA Accountability Act of 2015.” Section 2 would authorize the Secretary of Veterans Affairs to expedite removing or demoting most employees for misconduct. Section 3 would require an individual appointed to a permanent position in the competitive...
U.S. Catfish Industry and Foreign Trade: A Fact Sheet
Catfish Industry Channel catfish Mississippi, Alabama, Arkansas Fillets frozen Aquaculture Seafood Catch Fisheries Farming Freshwater, Marine Vietnam, Asia Farm Bill, 2008, 2014 Trade Basa, Tra Antidumping duties Labeling USDA, U.S. Department of Agriculture FDA, Food and Drug Administration USITC, U.S. International Trade Commission
In 2014 and 2015, reports of Special Weapons and Tactics (SWAT) teams used by law enforcement agencies in allegedly questionable raids or in what appeared to be aggressive responses to public disturbances generated interest among policymakers in federal tactical teams. There is no single source for data on federal tactical teams. The Congressional Research Service (CRS) surveyed federal agencies with law enforcement personnel to collect basic information on any tactical teams they maintain.
The number of tactical teams has proliferated among American law enforcement since the first SWAT...
Long Range Strike Bomber Begins to Emerge
This report discusses the U.S. Air Force's top three procurement priorities, including the LRS-B program, which is intended to yield 80 to 100 strategic bombers to replace aging B-52s and B-1s, beginning in the mid-2020s.
History and Authority of the Joint Economic Committee
Congressional Research Service 7-5700 www.crs.gov R41519 Summary The Joint Economic Committee was first established by the Employment Act of 1946 in order to monitor the subjects included in the President’s yearly Economic Report, identify ways to coordinate federal government programs in relation to economic matters, and produce a yearly report in response to the President’s Economic Report. This role was later expanded to include the issuance of a monthly publication on economic indicators and the submission of a report to the House and Senate Budget Committees analyzing the short- and...
Across-the-Board Rescissions in Appropriations Acts: Overview and Recent Practices
As the annual appropriations process draws to a close each fiscal year, Congress and the President must often come to an agreement not only on the level of funding for individual items or accounts but also with regard to the total amount of discretionary budget authority that will be provided for that fiscal year. If that agreed-upon amount requires a reduction in budget authority and sufficient reductions are not associated with individual programs, an alternative method to reduce that amount is an “across-the-board rescission.”
A rescission is a provision of law that cancels budget...
Arms Control Ratification: Opportunities for Modifying Agreements
This report briefly examines arms control ratification and opportunities for modifying agreements. On July 14, 2015, Iran, the United States, the United Kingdom, France, Russia, China, and Germany (the P5+1) finalized a Joint Comprehensive Plan of Action (JCPOA)--an agreement that restricts Iran's nuclear program in an effort to ensure that it can only be used for peaceful purposes.
Recent Developments in the Job Corps Program: Frequently Asked Questions
The Job Corps program is a job training and academic program for youth ages 16 to 24 who are low-income and have a barrier to employment, such as having dropped out of high school. It is administered by the Employment and Training Administration’s (ETA’s) Office of Job Corps in the U.S. Department of Labor (DOL). Job Corps seeks to provide disadvantaged youth with the skills needed to obtain and hold jobs, enter the Armed Forces, or enroll in advanced training or higher education. The program was established under the Economic Opportunity Act of 1964 (P.L. 88-452), and was most recently...
Renegotiating Arms Control Agreements: A Brief Review
This report discusses previous arms control agreements that affected U.S. weapons programs or military activities. On July 14, 2015, Iran, the United States, the United Kingdom, France, Russia, China, and Germany finalized a Joint Comprehensive Plan of Action (JCPOA)--an agreement that restricts Iran's nuclear program in an effort to ensure that it can only be used for peaceful purposes.
This report discusses concerns about a slowdown in the global economy, particularly in China and other emerging markets. Some projections indicate that global economic growth in 2016 could be slightly weaker for emerging markets, primarily Latin America, and developed economies, except the United States and the United Kingdom.
Drought in the United States: CRS Experts
Congressional Research Service 7-5700 www.crs.gov R42610 Summary Drought is commonly defined as a lack of precipitation over an extended period of time, usually a season or more, relative to some long-term average condition. While the technology and science to predict droughts have improved, regional predictions remain limited to a few months in advance. History suggests that severe and extended droughts are inevitable and part of natural climate cycles. The physical conditions causing drought in the United States are increasingly understood to be linked to sea surface temperatures (SSTs)...
The Low-Income Housing Tax Credit Program: The Fixed Subsidy and Variable Rate
The Low-Income Housing Tax Credit (LIHTC) program was originally designed to provide financing for rehabilitated and newly constructed rental housing with a subsidy equal to 30% and 70% of construction costs, respectively. To ensure that the 30% or 70% subsidies were achieved, the U.S. Department of the Treasury designed a formula for determining the LIHTC rate. The LIHTC rate is a percentage of the initial qualified investment in a low-income housing project. A higher LIHTC rate generates a larger tax credit. The formula used to determine the rate depends in part on current market...
Expedited or “Fast-Track” Legislative Procedures
Congressional Research Service 7-5700 www.crs.gov RS20234 Summary Expedited or “fast-track” legislative procedures are special procedures that Congress adopts to promote timely committee and floor action on a specifically defined type of bill or resolution. For example, House and Senate consideration of budget resolutions and reconciliation bills are governed by fast-track procedures. Congress includes fast-track procedures in bills that are enacted into law—for example, the Congressional Budget Act, as amended, and the Patient Protection and Affordable Care Act—instead of adopting them as...
Procedural Analysis of Private Laws Enacted: 1986-2015
Congressional Research Service 7-5700 www.crs.gov RS22450 Summary Between 1986 and 2015 (99th-114th Congresses), 170 private laws were enacted. As of this writing, no private laws have been enacted in the 114th Congress (2015-2016). Most private laws during this period dealt with immigration issues or claims against the government. Of these measures, 65% originated in the House, 9% had cosponsors, and 23% had companion bills. Most were enacted without amendment or need to resolve differences with the other house. This report examines the broad distinctions among these measures in terms of...
House Rules Governing Committee Markup Procedures
The rules of the House provide only general guidance to committees for conducting meetings to mark up legislation. There are no House rules that explicitly govern the various aspects of markup procedure. Instead, clause 1(a)(1) of Rule XI provides in part that “the Rules of the House are the rules of its committees and subcommittees so far as applicable.... ” And clause 2(a)(1) of the same rule directs each standing committee to adopt written rules governing its own procedures that “may be not inconsistent with the Rules of the House.... ” (Italics added).
These requirements leave many...
Fraudulent seafood sales and marketing—the act of defrauding buyers of seafood for economic gain—has been widely reported and has gained greater public attention in recent years. The extent of seafood fraud is difficult to determine because of its clandestine nature; fraud depends on not being detected, which often depends on not attracting attention or causing immediate harm to customers. Seafood fraud can include a variety of illegal activities, such as transshipping products to avoid antidumping and countervailing duties; mislabeling products or substituting one species for another;...
Senate Committee Hearings: The “Minority Witness Rule”
Congressional Research Service 7-5700 www.crs.gov RS22649 Summary When a Senate committee other than the Appropriations Committee holds a hearing, the minority party members of the panel have the right to call witnesses of their choosing to testify during at least one day of that hearing. Paragraph 4(d) of Senate Rule XXVI—known as the “minority witness rule”—states: Whenever any hearing is conducted by a committee (except the Committee on Appropriations) upon any measure or matter, the minority on the committee shall be entitled, upon request made by a majority of the minority members to...
The Renewable Fuel Standard (RFS): Cellulosic Biofuels
Congressional Research Service 7-5700 www.crs.gov R41106 Summary The Renewable Fuel Standard (RFS) was established under the Energy Policy Act of 2005 (EPAct05, P.L. 109-58), and was later expanded under the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140), in accordance with efforts at that time to reduce dependence on foreign oil, promote biofuel use, and stabilize transportation fuel prices, among other goals. Over 15 years, the RFS requires that increasing amounts of biofuels—36 billion gallons by 2022—be used in transportation fuel. The mandate is to be accomplished...
Proxy Voting and Polling in Senate Committee
Congressional Research Service 7-5700 www.crs.gov RS22952 Summary In an effort to operate efficiently despite the competing scheduling demands placed on its members, all Senate standing committees permit “proxy voting” in some instances, and many of them permit certain questions to be “polled.” Proxy voting is a practice whereby an absent Senator authorizes a second, present Senator to cast a vote in addition to his or her own during a committee markup meeting. When polling, a committee or subcommittee asks its members to approve questions relating to legislation or internal committee...
Follow-On Biologics: Intellectual Property Issues
The term “biologics” refers to a category of medical preparations derived from a living organism. These medicines have added notable therapeutic options for many diseases and impacted fields such as oncology and rheumatology. The biologics industry invests extensively in R&D and contributes to a rapidly expanding market for these treatments. Biologics are often costly, however, in part due to the sophistication of the technologies and the manufacturing techniques needed to make them.
Compared to the number of generic drugs available in traditional pharmaceutical markets, few “follow-on”...
Financial Services and General Government (FSGG): FY2015 Appropriations
Congressional Research Service 7-5700 www.crs.gov R44172 Summary The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. In its current form, it has existed since the 2007 reorganization of the House and Senate Committees on Appropriations. The House and Senate FSGG bills fund nearly the same agencies, with the exception of the Commodities and Futures Trading Commission (CFTC), which is...
The National Science Foundation: FY2016 Budget Request and Funding History
Congressional Research Service 7-5700 www.crs.gov R44170 Summary The National Science Foundation (NSF) supports both basic research and education in the non-medical sciences and engineering. Congress established the foundation in 1950 and directed it to “promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes.” The NSF is a major source of federal support for U.S. university research, especially in certain fields such as mathematics and computer science. It is also responsible for significant shares of...
Gold King Mine Spill May Renew Interest in "Good Samaritan" Legislation
This report discusses legislation related to an accidental spill from the Gold King Mine, a long-abandoned gold mine site in Colorado, which released acid mine drainage (AMD) wastewater into a tributary of the Animas River and downstream to the San Juan River. The proposed legislation would authorize Good Samaritan remediation, in which third parties who have no history of polluting at a particular site or legal responsibility for its pollution step forward to clean up AMD or other historic mine residue of pollution.
The International Labor Organization (ILO): Background in Brief
Congressional Research Service 7-5700 www.crs.gov R44165 Summary This report is intended as a primer on the International Labor Organization (ILO). The ILO was founded in 1919 under the Treaty of Versailles that ended World War I, and became the first independent agency of the United Nations in 1946. It is a tripartite organization composed of member governments, labor, and employer representatives. The United States helped found the ILO and contributes more to the ILO regular budget (22%) than any other country. The ILO and its activities are of ongoing interest to Congress, particularly...
Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; P.L. 113-146)
Congressional Research Service 7-5700 www.crs.gov R43704 Summary On August 7, 2014, President Obama signed the Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; H.Rept. 113-564; P.L. 113-146). The Department of Veterans Affairs Expiring Authorities Act of 2014 (H.R. 5404; P.L. 113-175), the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; P.L. 113-235), the Construction Authorization and Choice Improvement Act (H.R. 2496; P.L. 114-19), and the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (H.R. 3236; P.L. 114-41) made...
Congressional Research Service 7-5700 www.crs.gov R41772 Summary The public funding of abortion services for District of Columbia residents is a perennial issue debated by Congress during its annual deliberations on District of Columbia appropriations. District officials have cited the prohibition on the use of District funds as another example of congressional intrusion into local matters. Since 1979, with the passage of the District of Columbia Appropriations Act of 1980, P.L. 96-93 (93 Stat. 719), Congress has placed some limitation or prohibition on the use of public (federal or...
This report briefly discusses the Department of Defense's (DOD) projected procurement levels for unmanned aerial vehicles (UAVs or "drones") over the next several years.
Financial Regulatory Improvement Act Included in Senate Appropriations Bill
This report highlights some of the major policy proposals included in S. 1484, as reported by the Senate Banking Committee on June 2, 2015. The text of the bill was among the financial regulatory changes included in the FY2016 Financial Services and General Government Appropriations Act (S. 1910). S. 1484 encompasses a broad package of reforms to the financial regulatory system, including some changes to the Dodd-Frank Act (P.L. 111-203).
House Rules and Precedents Affecting Committee Markup Procedures
Congressional Research Service 7-5700 www.crs.gov 97-1045 Summary Markup procedures in standing committees of the House of Representatives generally conform to guidelines the House follows when it conducts business on the floor under a set of procedures known as consideration by the “House as in Committee of the Whole.” Consideration by the “House as in Committee of the Whole” is not the same as the more common practice of the House “resolving itself into Committee of the Whole House” but is, instead, a more rarely used set of procedures that combines elements of both procedures used in...
Health Insurance: Small is the New Large
This report discusses aspects of the Patient Protection and Affordable Care Act that expand the definition of small employer to include employers with 100 or fewer employees. States must implement the expanded definition for plan years beginning in 2016, but have the option of implementing the expanded definition prior to the deadline.
Amendments in the Senate: Types and Forms
Congressional Research Service 7-5700 www.crs.gov 98-614 Contents Distinctions Among Amendments 1 Degrees of Amendments 1 Forms of Amendments 1 Scope of Amendments 2
Contacts Author Contact Information 2
Summary The amending process is central to the consideration of legislation by the Senate, and the rules, practices, and precedents that underlie this process frequently depend on distinguishing among amendments based on their type and form. The way in which an amendment is crafted, and the circumstances in which it is offered, can have an impact on its consideration. When an amendment...
Amendments on the House Floor: Summary of Major Restrictions
Congressional Research Service 7-5700 www.crs.gov 98-426 The opportunities for Representatives to offer floor amendments to a bill or resolution depends on the procedures by which the House considers the measure. In summary: After general debate on a bill in the Committee of the Whole, Members may offer whatever amendments they choose if (1) those amendments comply with applicable House rules and precedents, some of which are identified below; (2) Members offer their amendments at the appropriate times; and (3) the House has not adopted a special rule that prohibits consideration of some...
House Committee Hearings: Arranging Witnesses
Congressional Research Service 7-5700 www.crs.gov 98-304 Summary Selecting witnesses is often one of the most important tasks in planning a hearing. House committees and subcommittees pay careful attention to which viewpoints will be represented, who should testify, and the order and format for presenting witnesses. Witnesses do not have an inherent right to appear at a hearing but must be invited by a committee or subcommittee in order to testify; committees and subcommittees may also subpoena reluctant witnesses to appear at a hearing. Contents Selecting and Inviting Witnesses 1 Subpoena...
General Debate in Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov RS20200 Summary The House considers most important bills (and resolutions) on the floor by resolving into the Committee of the Whole House on the state of the Union. This is a committee on which all Representatives serve and which meets on the House floor. The House acts on a measure by resolving into Committee of the Whole (as it usually is called) first to debate the bill as a whole and subsequently to debate and vote on any amendments to the bill. At the end of this process, the committee “rises” and reports the bill back to the House...
House Committee Hearings: Scheduling and Notification
Congressional Research Service 7-5700 www.crs.gov 98-339 Summary Each House committee has the authority to hold hearings whether the House is in session, has recessed, or has adjourned (Rule XI, clause 2(m)(1)(A)). Regardless of the type of hearing, or whether a hearing is held in or outside of Washington, hearings share common aspects of planning and preparation. Contents Whether to Schedule a Hearing 1 Scheduling Requirements and Practices 1 Notification Requirements and Practices 1
Contacts Author Contact Information 2 Acknowledgments 2
Each House committee has the authority to hold...
Policy Implications of the Internet of Things
This report briefly discusses the Internet of Things (IoT), which is an umbrella term that many policymakers use to refer to the technologies and network structures that interconnect objects, humans, and animals to collect and analyze data and manage processes.
Congressional Research Service 7-5700 www.crs.gov RS22766 Summary A provision of the Pension Protection Act of 2006 (P.L. 109-280) allows tax-free distributions from Individual Retirement Accounts (IRAs) for charitable purposes. This Qualified Charitable Distribution (QCD) provision is available to taxpayers aged 70½ or older and allows them to make contributions directly to a qualified charity while excluding the distribution from their taxable income. The provision initially expired on December 31, 2007. Subsequent legislation has extended this provision on a one- or two-year basis,...
Amendment Process in the Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov 98-439 Contents Reading for Amendment 1 Debating an Amendment 1 Amendment Tree: Degrees of Amendments 2 Voting on Amendments 2
Contacts Author Contact Information 2
Summary Amendments are usually considered not in the House, but in the Committee of the Whole, a parliamentary device designed to expedite the amendment process. For example, in the House, Members are generally recognized under the “hour rule;” in the Committee of the Whole, they are recognized to speak under the “five-minute rule.” A quorum in the House is 218; in the...
House Committee Hearings: Preparation
Congressional Research Service 7-5700 www.crs.gov 98-488 Contents Preliminary Decisions 1 Witness Selection 1 Media Concerns 2 Final Preparations 2
Contacts Author Contact Information 2
Summary Committee hearings provide Representatives an opportunity to gather information on, and draw attention to, legislation and issues within a committee’s purview; conduct oversight of programs or agencies; and investigate allegations of mismanagement or wrongdoing. This checklist identifies many of the tasks that need to be performed, primarily by staff, for full committees and (in most cases)...
Quorum Requirements in the House: Committee and Chamber
Congressional Research Service 7-5700 www.crs.gov 98-870 Summary House Rule XI, clause 2 establishes minimum quorum requirements for eight areas of committee activity. Table 1 summarizes these requirements as found in Wm. Holmes Brown, Charles W. Johnson, and John V. Sullivan’s House Practice: A Guide to the Rules, Precedents, and Procedures of the House (Washington: GPO, 2011). Contents Quorum Requirements in Committee 2 Quorums in the House 1
Tables Table 1. Minimum Quorum Requirements 1
Contacts Author Contact Information 2
Quorum Requirements in Committee House Rule XI, clause 2...
Pairing in Congressional Voting: The House
Congressional Research Service 7-5700 www.crs.gov 98-970 Summary Under House Rule XX, clause 3, the practice of “pairing” involves—under certain procedural circumstances—a Member who is absent during a vote on the House floor arranging with a Member on the opposite side of a specific question who is present during a vote to announce that the Member who is present is forming a “pair” with the absent Member, thus allowing the absent Member to have recorded how he would have voted had he been present. Contents Contacts Author Contact Information 2
Under House Rule XX, clause 3, the practice...
Farm Safety Net Programs: Background and Issues
The U.S. Department of Agriculture (USDA) operates several programs that supplement the income of farmers and ranchers in times of low farm prices and natural disasters. Federal crop insurance, farm programs, and disaster assistance are collectively called the farm safety net.
Federal crop insurance is often referred to as the centerpiece of the farm safety net because of its cost and broad scope for addressing natural disasters. The program is permanently authorized and makes available subsidized insurance for more than 130 commodities (ranging from apples to wheat) to help farmers...
Amendments in the House: Types and Forms
Congressional Research Service 7-5700 www.crs.gov 98-613 Summary The amending process is central to the consideration of legislation by the House of Representatives, and the rules, practices, and precedents that underlie this process frequently depend on distinguishing among amendments based on their type and form. Simply put, not all amendments are equal in a procedural sense, and the form or type of amendment frequently determines what further amendments may be offered and, therefore, what alternatives the House may choose among. Contents Distinctions Among Amendments 1 Degrees of...
The Excise Tax on High-Cost Employer-Sponsored Health Coverage: Background and Economic Analysis
Congressional Research Service 7-5700 www.crs.gov R44160 Summary Beginning in 2018, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) imposes a 40%, nondeductible excise tax on the value of applicable employer-sponsored health coverage above specific dollar thresholds. In 2018, these thresholds are $10,200 for single health coverage and $27,500 for non-single (e.g., family) coverage. The thresholds are adjusted for eligible retirees, workers in certain high-risk professions, and plans whose demographics differ from the national workforce. This excise tax on...
Bundling and Consolidation of Contract Requirements Under the Small Business Act: Legal Overview
Congressional Research Service 7-5700 www.crs.gov R41133 Summary When used in reference to federal procurement contracts, “bundling” and “consolidation” are technical terms, whose meaning is prescribed by statute. Specifically, “bundling” denotes “consolidating 2 or more ... requirements for goods or services previously provided or performed under separate smaller contracts” into a solicitation for a single contract that is likely to be unsuitable for award to a small business due to its size or scope. “Consolidation” is similarly defined to mean soliciting a single contract to satisfy two...
This report traces the history of birthright citizenship under U.S. law and discusses some of the legislation in recent Congresses intended to alter it. In the current and recent Congresses, some Members have introduced or supported legislation that would revise or reinterpret the Citizenship Clause to address several concerns.
Automatic Continuing Resolutions: Background and Overview of Recent Proposals
Congressional Research Service 7-5700 www.crs.gov R41948 Summary Currently, 12 regular appropriations acts fund the activities of most federal government agencies. When these acts are not completed prior to the beginning of the fiscal year, Congress uses a continuing appropriations act, also known as a “continuing resolution” (CR), to provide interim funding until the annual appropriations process is complete. Some Members of Congress have proposed legislation to establish an automatic continuing resolution (ACR) mechanism that would ensure a source of funding for discretionary spending...
Medal of Honor: History and Issues
The Medal of Honor is the nation’s highest military award for bravery. It is awarded by the President in the name of Congress. For this reason, it is often referred to as the Congressional Medal of Honor. Since it was first presented in 1863, the medal has been awarded 3,512 times to 3,493 recipients. Nineteen individuals have been double recipients of the award.
Recipients of the Medal of Honor are afforded a number of benefits as a result of this award.
Since the award’s inception, the laws and regulations that apply to it have changed. In certain cases, the award has been rescinded....
The Intelligence Community and Its Use of Contractors: Congressional Oversight Issues
Congressional Research Service 7-5700 www.crs.gov R44157 Summary Contractors have been and are an integral part of the intelligence community’s (IC’s) total workforce (which also includes federal employees and military personnel). Yet questions have been raised regarding how they are used, and the size and cost of the contractor component. Of particular interest are core contract personnel, who provide direct technical, managerial, and administrative support to agency staff. Examples of these types of support are collection and operations, analysis and production, and enterprise...
U.S.-China Nuclear Cooperation Agreement
Negotiated by the Reagan Administration nearly 30 years ago, the current U.S. peaceful nuclear cooperation agreement with the People’s Republic of China (PRC) is set to expire on December 30, 2015. President Obama submitted a new 30-year U.S.-China nuclear cooperation agreement for congressional review on April 21, 2015. Among other provisions, the agreement would allow for uranium enrichment up to a level less than 20% U-235 and Chinese reprocessing of U.S.-obligated material at safeguarded facilities. The required congressional review period ended on July 31.
Such agreements are often...
Iran Nuclear Agreement: CRS Experts
Congressional Research Service 7-5700 www.crs.gov R44139 Summary Congress is currently in a period of formal review, being conducted on the basis of the Iran Nuclear Agreement Review Act (P.L. 114-17), of the “Joint Comprehensive Plan of Action” (JCPOA) nuclear agreement concluded between Iran and six negotiating powers (“P5+1”) on July 14. The period for initial congressional review under the Act is to conclude on September 17. The agreement has raised a wide variety of questions in Congress. Issues include the specific terms of the deal; the implications for inspections, proliferation,...
This report discusses China's recent changes to its method for determining the value of its currency (the renminbi). On Tuesday, August 11, 2015, the People's Bank of China (PBC), China's central bank, surprised global financial markets by lowering the reference rate of the renminbi, effectively depreciating the currency.
Filling the Amendment Tree in the Senate
Congressional Research Service 7-5700 www.crs.gov RS22854 Summary “Amendment trees” are charts that illustrate certain principles of precedence that guide the Senate amendment process. When all of the amendments permitted simultaneously by these principles have been offered and are pending, an amendment tree is said to be “filled,” and no additional amendments may be offered until one or more of those pending is disposed of or laid aside. Given that the presiding officer traditionally affords the Senate majority leader or his designee priority over all others in being recognized, a...
The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues
Congressional Research Service 7-5700 www.crs.gov R41933 Summary The Freedom of Information Act (FOIA; 5 U.S.C. §552) allows any person—individual or corporate, citizen or not—to request and obtain existing, identifiable, and unpublished agency records on any topic. Pursuant to FOIA, the public has presumptive access to agency records unless the material falls within any of FOIA’s nine categories of exception. Disputes over the release of records requested pursuant to FOIA can be appealed administratively, resolved through mediation, or heard in court. FOIA was enacted in 1966, after 11...
House Committee Hearings: Witness Testimony
Congressional Research Service 7-5700 www.crs.gov 98-338 Summary Witnesses before House committees must generally file advance copies of their written testimony with the committees and then limit their oral testimony to brief summaries (Rule XI, clause 2(g)(5)). A question-and-answer period usually follows a witness’s opening statement. Following hearings, committees usually publish the transcripts of witness testimony and questioning. Contents Advance Written Testimony 1 Oral Testimony 1 Questioning Witnesses 1 Printing Hearings 2
Contacts Author Contact...
House Committee Hearings: The “Minority Witness Rule”
Congressional Research Service 7-5700 www.crs.gov RS22637 Summary House Rule XI gives the minority party members of committees the right to have witnesses of their choosing called to testify on at least one day of any hearing scheduled by the majority. The rule has primarily served as an incentive to the majority party to see that the minority viewpoint is represented at hearings. Although the minority has a right to have witnesses testify on one hearing day, the committee majority maintains control over the scheduling, scope, and duration of that testimony. Contents Origin of the Minority...
The Demand for Municipal Bonds: Issues for Congress
Congressional Research Service 7-5700 www.crs.gov R44146 Summary Municipal bonds are debt securities issued by states, cities, counties, and other government-created agencies to finance capital projects, such as highways, airports, sewers, bridges, schools, hospitals, and other public goods for residents. The municipal bond market is large and varied, consisting of more than an estimated 1.5 million bond types and more than an estimated 55,000 issuers borrowing to finance a variety of civic projects. The U.S. municipal bond market had a total of $3.7 trillion outstanding issuances by year...
California Drought: Hydrological and Regulatory Water Supply Issues
Congressional Research Service 7-5700 www.crs.gov R40979 Summary California is in its fourth year of drought. As of late July 2015, 47% of California was experiencing exceptional drought—the most severe U.S. federal drought classification—and approximately 71% of the state was experiencing extreme drought. The 2014 water year (October 2013 through September 2014) was the third driest on record. Water users that receive water supplies from the state of California and federal water projects are experiencing unprecedented water supply shortages due to the drought. Severe water supply...
Congressional Research Service 7-5700 www.crs.gov R42887 Summary Cloud computing is a new name for an old concept: the delivery of computing services from a remote location, analogous to the way electricity, water, and other utilities are provided to most customers. Cloud computing services are delivered through a network, usually the Internet. Some cloud services are adaptations of familiar applications, such as e-mail and word processing. Others are new applications that never existed as a local application, such as online maps and social networks. Since 2009, the federal government has...
Revision of the Nutrition Facts Label: Proposed Rules
Congressional Research Service 7-5700 www.crs.gov R43733 Summary High rates of obesity and chronic diseases have prompted federal, state, and local initiatives such as exercise promotion, nutrition education, and food labeling. Nearly two-thirds of U.S. adults are overweight or obese, suggesting that consumers need to be more aware of their calorie intake. Labeling of the nutritional content of foods has been recommended by researchers and policymakers as a tool to address the obesity epidemic. National survey data indicate that the frequency of food label use among consumers has...
Lobbying Congress with Appropriated Funds: Restrictions on Federal Agencies and Officials
Congressional Research Service 7-5700 www.crs.gov R44154 Summary Congress, under its authority to direct and control the use and expenditure of the funds that it appropriates from the U.S. Treasury, has enacted several specific and express limitations on the expenditure of federal appropriations. Some of these restrictions and prohibitions apply specifically to using federal appropriations for what is generally called “lobbying” of the Congress (or in some cases other government officials). Although these restrictions exist in both federal statutory laws as well as in yearly appropriations...
Federal Crop Insurance: Background
Congressional Research Service 7-5700 www.crs.gov R40532 Summary The federal crop insurance program began in 1938 when Congress authorized the Federal Crop Insurance Corporation. The current program, which is administered by the U.S. Department of Agriculture’s Risk Management Agency (RMA), provides producers with risk management tools to address crop yield and/or revenue losses for about 130 crops. The federal farm safety net also includes the farm commodity support programs, which provide price and income support for a much narrower list of “covered and loan commodities” such as corn,...
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress
Congressional Research Service 7-5700 www.crs.gov R42497 Summary Trafficking in persons, or human trafficking, refers to the subjection of men, women, and children to exploitative conditions that can be tantamount to slavery. Reports suggest that human trafficking is a global phenomenon, victimizing millions of people each year and contributing to a multi-billion dollar criminal industry. It is a centuries-old problem that, despite international and U.S. efforts to eliminate it, continues to occur in virtually every country in the world. Human trafficking is also an international and...
H.R. 6: The 21st Century Cures Act
On July 10, 2015, the House passed H.R. 6, the 21st Century Cures Act, on a vote of 344 to 77. Eight amendments were offered; five were approved by voice vote, two failed by recorded vote, and one was withdrawn. The House Energy and Commerce Committee, on May 21, 2015, unanimously ordered to be reported H.R. 6 and the House Committee on Rules published a committee print of the bill on July 2, 2015. On July 7, 2015, H.R. 6 was reported by the Committee on Energy and Commerce (H.Rept. 114-190), and the House Committee on Ways and Means was discharged from further consideration of the bill....
This report presents statistics regarding U.S. military and civilian casualties in the active missions Operation Freedom’s Sentinel (OFS, Afghanistan) and Operation Inherent Resolve (OIR, Iraq and Syria) and, as well as operations that have ended, Operation New Dawn (OND, Iraq), Operation Iraqi Freedom (OIF, Iraq), and Operation Enduring Freedom (OEF, Afghanistan). It also includes statistics on post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and amputations. Some of these statistics are publicly available at the Department of Defense’s (DOD’s) website and others have...
Obergefell v. Hodges: Same-Sex Marriage Legalized
On June 26, 2015, the Supreme Court issued its decision in Obergefell v. Hodges requiring states to issue marriage licenses to same-sex couples and to recognize same-sex marriages that were legally formed in other states. In doing so, the Court resolved a circuit split regarding the constitutionality of state same-sex marriage bans and legalized same-sex marriage throughout the country. The Court’s decision relied on the Fourteenth Amendment’s equal protection and due process guarantees.
Under the Fourteenth Amendment’s Equal Protection Clause, state action that classifies groups of...
Iran Nuclear Agreement: Selected Issues for Congress
The nuclear agreement between Iran and six negotiating powers (“P5+1:” United States, France, Britain, Germany, Russia, and China), finalized on July 14, 2015, raises a wide variety of issues as Congress undertakes a formal review under the Iran Nuclear Agreement Review Act (P.L. 114-17). The Administration submitted the 150+ page text (including annexes) of the “Joint Comprehensive Plan of Action,” (JCPOA) to Congress on July 19, 2015, and the period for congressional review under the act is to conclude on September 17. Should the agreement stand after review processes in Congress and in...
Guinea is one of three countries most affected by the Ebola outbreak in West Africa, which has affected the country’s economy, social relations, food security, and politics. A former French colony on West Africa’s Atlantic coast with a population of about 11 million, Guinea is rich in natural resources, but poverty is widespread. President Alpha Condé, a former opposition leader, was voted into office in 2010 in Guinea’s first ever presidential election organized by an independent electoral commission and without an incumbent candidate. His inauguration brought an end to a turbulent period...
Overview of Management and Restoration Activities in the Lake Tahoe Basin
The Lake Tahoe Basin (Tahoe Basin) straddles the California-Nevada border and includes Lake Tahoe. The basin is regarded for its beauty, wildlife diversity, clear waters, and recreation. Logging and mining stimulated development in the Tahoe Basin beginning in the 1850s. Development, especially urban development, has affected the basin’s ecosystem, leading to a decline in the water quality of Lake Tahoe, tree mortality, heightened wildfire risk, and population declines in fish and wildlife species.
Restoration of the Tahoe Basin began in 1969 under the Bi-State Compact between California...
The Genetic Information Nondiscrimination Act of 2008 (GINA)
On May 21, 2008, the Genetic Information Nondiscrimination Act of 2008 (GINA), referred to by its sponsors as the first civil rights act of the 21st century, was enacted. GINA, P.L. 110-233, prohibits discrimination based on genetic information by health insurers and employers. The sequencing of the human genome and subsequent advances raise hope for genetic therapies to cure disease, but this scientific accomplishment is not without potential problems. An employer or health insurer could decide to take adverse action based on a genetic predisposition to disease, and situations have arisen...
Questions of the Privileges of the House: An Analysis
A question of the privileges of the House is a formal declaration by a Member of the House asserting that a situation has arisen affecting “the rights of the House collectively, its safety, dignity and the integrity of its proceedings.” Once a question of the privileges of the House is raised, the Speaker must, at some point, entertain the question and rule on its validity. The Speaker makes such a ruling with guidance from the House Parliamentarian based on House rule and precedent. If it is ruled to be valid, a question of the privileges of the House will be considered and possibly voted...
In 1988, 1991, 1993, 1995, and 2005, an independent Defense Base Closure and Realignment (BRAC) Commission was authorized by law to recommend the disposal of unneeded defense facilities throughout the United States. The Department of Defense (DOD) formally asked Congress to provide it with statutory authority to conduct another round of base closures and realignments in 2015, but no new round was authorized.
Under the terms of the statutes that authorized these previous BRAC rounds, the BRAC Commission’s recommendations automatically take effect unless, within a stated period after the...
Background and Issues for Congressional Oversight of ARRA Broadband Awards
The American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provided an unprecedented level of federal funding for broadband projects across the nation. These projects are intended to expand broadband availability and adoption in unserved and underserved areas, which in turn is believed to contribute to increased future economic development in those areas.
The ARRA provided nearly $7 billion for broadband grant and loan programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the...
Access to Unapproved Drugs: FDA Policies on Compassionate Use and Emergency Use Authorization
The Food and Drug Administration (FDA) regulates the U.S. sale of drugs and biological products, basing approval or licensure on evidence of the safety and effectiveness for a product’s intended uses. Without that approval or licensure, a manufacturer may not distribute the product except for use in the clinical trials that will provide evidence to determine that product’s safety and effectiveness. Under certain circumstances, however, FDA may permit the sponsor to provide an unapproved or unlicensed product to patients outside that standard regulatory framework. Two such mechanisms are...
Federal Tax Benefits for Manufacturing: Current Law and Arguments For and Against
Fueled in part by certain policy initiatives advocated by President Obama, a lively debate over whether additional federal assistance should be provided for manufacturing is taking place among some analysts and lawmakers. Several issues are central to the debate: (1) the contributions of manufacturing to the performance and growth of the U.S. economy, (2) whether the federal government should do more to promote the growth of the sector, and (3) if so, what measures would be likely to have the intended effect?
The federal government supports manufacturing in a variety of ways. This report...
History of the Navy UCLASS Program Requirements: In Brief
During its development, the U.S. Navy’s Unmanned Carrier Launched Airborne Surveillance and Strike (UCLASS) aircraft and its predecessors have been proposed to fill a number of roles and operate in a variety of air defense environments. Over time, those requirements have evolved to encompass a less demanding set of capabilities than first envisioned. This report details the history of UCLASS requirements development through the program’s evolution to its current stage.
Specialty Drugs: Background and Policy Concerns
Congressional Research Service 7-5700 www.crs.gov R44132 Summary Specialty drugs are one of the fastest-growing areas of health care spending. There is no one set definition of specialty drugs, although insurers and other health care payers often characterize them as prescription products requiring extra handling or administration that are used to treat complex diseases including hepatitis C, multiple sclerosis, and cancer. High cost can trigger a specialty drug designation. Biologics, or drugs derived from living cells, are often but not always deemed to be specialty drugs. Over the past...
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act (P.L. 107-56) expanded the authority under the original four NSL statutes and created a fifth. Thereafter, the authority was reported to have been widely used. Then, a report by the Department of Justice’s Inspector General (IG) found that in its use of expanded USA PATRIOT Act authority the...
Social Security Disability Insurance (SSDI) and Unemployment Insurance (UI) are forms of social insurance that provide protection against the risk of economic loss due to specific adverse events. SSDI provides long-term benefits to nonelderly workers and their eligible dependents if the worker is unable to engage in substantial gainful activity (SGA) due to a qualifying impairment. UI provides temporary benefits to involuntarily unemployed workers who meet the requirements of state law. Although SSDI and UI serve largely separate populations, some individuals may be concurrently...
Thailand: Background and U.S. Relations
Thailand is a long-time military ally and a significant trade and economic partner for the United States. For many years, Thailand was seen as a model democracy in Southeast Asia, although this image, along with U.S.-Thai relations, has been complicated by deep political and economic instability in the wake of two military coups in the past nine years. The first, in 2006, displaced Prime Minister Thaksin Shinawatra, a popular but polarizing figure who is currently living in exile. The second, in 2014, deposed an acting prime minister after Thaksin’s sister, Yingluck Shinawatra, was ousted...
Defense Health Program Funding Shortfall for Fiscal Year 2015
This report describes the defense health program (DHP) and discusses the DHP budget.
National Security Letters in Foreign Intelligence Investigations: Legal Background
Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSL) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act (P.L. 107-56) expanded the authority under the original four NSL statutes and created a fifth. Thereafter, the authority was reported to have been widely used. Then, a report by the Department of Justice’s Inspector General (IG) found that in its use of expanded USA PATRIOT Act authority the...
Mass Murder with Firearms: Incidents and Victims, 1999-2013
In the wake of tragedy in Newtown, CT, Congress defined “mass killings” as “3 or more killings in a single incident” (P.L. 112-265). Any consideration of new or existing gun laws that follows mass shootings is likely to generate requests for comprehensive data on the prevalence and deadliness of these incidents. Despite the pathos of mass shootings, only a handful of researchers and journalists have analyzed the principal source of homicide data in the United States—the Supplementary Homicide Reports (SHR) compiled by the Federal Bureau of Investigation (FBI)—to determine whether those...
The Federal Tax Treatment of Married Same-Sex Couples
Since the Supreme Court’s ruling on the Defense of Marriage Act (DOMA) in 2013—in the case of United States v. Windsor—married same-sex couples have been considered married for federal tax purposes. The federal tax treatment of married same-sex couples was not affected by the recent June 26, 2015, ruling in Obergefell v. Hodges. Obergefell struck down state bans on same-sex marriage. As a result of the Court’s decision, all states must both permit same-sex couples to marry in their states and recognize same-sex marriages that were formed in other states.
The U.S. Supreme Court ruled in...
ESEA Reauthorization Proposals in the 114th Congress: Selected Key Issues
The Elementary and Secondary Education Act (ESEA) was last comprehensively amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 114th Congress, the House Education and the Workforce Committee reported the Student Success Act (H.R. 5), which would provide for a comprehensive reauthorization of the ESEA. The bill was subsequently passed on the House floor on July 8, 2015. The Senate Health, Education, Labor, and Pensions (HELP) Committee reported the Every Child Achieves Act of 2015 (ECAA; S. 1177), which would also provide for a comprehensive reauthorization of...
The 2015 National Military Strategy: Background and Questions for Congress
This report discusses the National Military Strategy (NMS) that describes a global environment marked by increasing interdependence, complexity, and the diffusion of information and technologies across state boundaries.
Older Americans Act: Long-Term Care Ombudsman Program
Quality of care in long-term care settings has been, and continues to be, a concern for federal policymakers. The Long-Term Care (LTC) Ombudsman Program is a consumer advocacy program that aims to improve the quality of care, as well as the quality of life, for residents in LTC settings by investigating and resolving complaints made by, or on behalf of, such residents. Established under Title VII of the Older Americans Act (OAA), the Administration on Aging (AoA) within the Administration for Community Living in the Department of Health and Human Services (HHS) administers the nationwide...
Filling the Senate "Amendment Tree"
This report discusses the filing process of "Amendment trees": diagrams that have developed over decades of Senate practice as a way of visualizing certain principles of precedence that govern the offering of, and voting on, amendments in the chamber.
Expansion of WTO Information Technology Agreement Targets December Conclusion
This report discusses the World Trade Organization (WTO) expansion and agreement to expand the Information Technology Agreement (ITA) and eliminate tariffs on 201 goods not included in the original 1996 ITA.
Agricultural Biotechnology: Background, Regulation, and Policy Issues
Biotechnology refers primarily to the use of recombinant DNA techniques to genetically modify or bioengineer plants and animals. Most crops developed through recombinant DNA technology have been engineered to be tolerant of various herbicides or to be pest resistant through having a pesticide genetically engineered into the plant organism. U.S. soybean, cotton, and corn farmers have rapidly adopted genetically engineered (GE) varieties of these crops since their commercialization in the mid-1990s. Over the past 15 years, GE varieties in the United States have increased from 3.6 million...
The United Nations Convention on the Rights of the Child
U.S. ratification of the United Nations (U.N.) Convention on the Rights of the Child (hereinafter referred to as CRC or the Convention) may be a key area of focus during the 114th Congress, particularly if President Barack Obama seeks the advice and consent of the Senate.
Background and Current Status
CRC is an international treaty that aims to protect the rights of children worldwide. It defines a child as any human being under the age of 18, and calls on States Parties to take all appropriate measures to ensure that children’s rights are protected—including the right to a name and...
The America COMPETES Acts: An Overview
Scientific and technological advancement played a central role in ensuring U.S. prosperity and power in the 20th century. From the first flight of the Wright brothers in 1903 to the creation of Google in the 1990s, U.S. scientific and technological innovations have reshaped the global economy and provided both economic mobility and national security for generations of Americans.
Whether the United States will maintain its preeminence over the course of the 21st century is an open question. Some observers assert that U.S. leadership is at risk. They argue that the United States...
Who Pays for Long-Term Services and Supports? A Fact Sheet
Long-term services and supports (LTSS) refer to a broad range of health and health-related services and supports that are needed by individuals over an extended period of time. The need for LTSS affects persons of all ages and is generally measured by limitations in an individual’s ability to perform daily personal care activities (e.g., eating, bathing, dressing, walking) or activities that allow individuals to live independently in the community (e.g., shopping, housework, meal preparation). The most recent published data estimating the number of Americans in need of LTSS indicate that...
Charter-Time Warner Cable-Bright House Networks Mergers: Overview and Issues
In May 2015, Charter Communications, Inc. announced that it reached agreements with Time Warner Cable Inc. (TWC) to merge the two companies in a deal valued at $78.7 billion, including the assumption of debt, and with Advance/Newhouse Partnership to acquire Bright House Networks (BHN) for $10.4 billion. The combination of Charter, TWC, and BHN would create a single entity providing cable television and broadband access service to 23.9 million customers in 41 states, making it the nation’s second-largest cable television operator and broadband access provider.
The proposed merger raises a...
OPM Data Breach: Personnel Security Background Investigation Data
This report provides information on the types of data that may be collected in a typical personnel security background investigation. In a July 9, 2015, news release on the cyber-intrusions of its systems, OPM "concluded with high confidence that sensitive information, including the Social Security Numbers (SSNs) of 21.5 million individuals, was stolen from the background investigation databases." This report is not an official statement of the data that was compromised in the OPM breach.
The Senate may consider providing its advice and consent to U.S. ratification of the United Nations (U.N.) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, or the Convention) during the 114th Congress. CEDAW is the only international human rights treaty that specifically addresses the rights of women. It calls on States Parties to take measures to eliminate discrimination against women in all areas of life, including political participation, employment, education, healthcare, and family structure. CEDAW has been ratified or acceded to by 189 States...
U.S.-Kenya Relations: Current Political and Security Issues
The U.S. government views Kenya as a strategic partner and a key regional actor in East Africa, and as critical to regional counterterrorism efforts. Kenya has repeatedly been a target of terrorist attacks, and, as the deadly September 2013 assault on a Nairobi shopping mall and subsequent attacks have underscored, terrorist threats in Kenya remain a serious concern. Heightened threats have led the U.S. government to reevaluate the size of its presence in the country, which hosts the largest U.S. diplomatic mission in Africa and one of four major U.N. offices worldwide.
Kenya’s military...
War Funding and the Budget Control Act: In Brief
In the FY2016 debate on the level of defense spending, Congress is considering how to stay within the spending limits, or caps, set by the Budget Control Act (BCA). Under the BCA, all defense spending for the defense base budget—excluding amounts designated for “Overseas Contingency Operations” (OCO) or emergencies—is subject to annual BCA caps.
For funds to be counted as OCO funding that is essentially exempt from BCA caps, Congress must first designate funds in law on an account-by-account basis, and the President must subsequently do the same. The OCO designation therefore requires a...
Laws Affecting the Federal Employees Health Benefits (FEHB) Program
For more than 50 years, the Federal Employees Health Benefits (FEHB) Program has been providing health insurance coverage to federal employees, retirees, and their dependents. It is the largest employer-sponsored health insurance program in the country, covering about 8.2 million enrollees each year.
The program was created by the Federal Employees Health Benefits Act of 1959 (FEHBA; P.L. 86-382). FEHBA and its subsequent amendments established the parameters for eligibility; election of coverage; the types of health plans and benefits that may be offered; and the level of the government’s...
U.S. Agency for International Development (USAID): Background, Operations, and Issues
This report provides background information on the institutional makeup and operations of the U.S. Agency for International Development (USAID), the leading international humanitarian and development arm of the U.S. government. The report then discusses in greater depth several aspects of the agency that might be of particular congressional interest.
In FY2015, USAID is responsible for more than $20 billion in appropriations, representing more than one-third of the International Affairs 150 budget function and more than half of total foreign assistance encompassed by the State, Foreign...
GAO Bid Protests: Trends and Analysis
Bid protests on federal government contracts filed with the Government Accountability Office (GAO) have received congressional scrutiny due to protests of high-profile awards and reports that the number of protests is increasing. Concerns over delays in contract award or performance triggered by a GAO protest, coupled with the increasing number of GAO protests, have prompted concerns about the potential impact of protests upon government agency operations, especially in the Department of Defense (DOD). Both the House- and Senate- passed versions of the FY2016 National Defense Authorization...
Microbeads: An Emerging Water Quality Issue
This report discusses the debate over how to address growing environmental concerns regarding microbeads (synthetic particles made of either polyethylene or polypropylene plastic) and whether federal regulation to control or ban them is needed. A number of companies are voluntarily removing microbeads from their products, and some states--eight so far--have passed laws to ban manufacture and sale of products with microbeads.
Update on the Highly-Pathogenic Avian Influenza Outbreak of 2014-2015
The U.S. poultry industry is experiencing a severe outbreak of highly-pathogenic avian influenza (HPAI). The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has reported 223 cases of HPAI in domestic flocks in 15 states. With the start of summer, the finding of new cases slowed. The last reported new case was in Iowa on June 17, 2015. More than 48 million chickens, turkeys, and other poultry have been euthanized to stem the spread of the disease. Cases have been caused by several highly pathogenic H5 avian influenza (AI) strains that result in...
The Voting Rights Act of 1965: Background and Overview
The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting—mostly in the South—were required to “pre-clear” changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting...
Takings Decisions of the U.S. Supreme Court: A Chronology
This report is a reverse chronological listing of U.S. Supreme Court decisions addressing claims that a government entity has “taken” private property, as that term is used in the Takings Clause of the Fifth Amendment. The Takings Clause states: “[N]or shall private property be taken for public use, without just compensation.” A scattering of related, substantive due process decisions is also included.
Under the Takings Clause, courts allow two distinct types of suit. Condemnation (also “formal condemnation”) occurs when a government or private entity formally invokes its power of eminent...
Can Military Servicemembers Carry Firearms for Personal Protection on Duty?
This report briefly discusses the applicable law and policy regarding government-issued firearms for personal protection of servicemembers on duty.
Cyber Intrusion into U.S. Office of Personnel Management: In Brief
On June 4, 2015, the U.S. Office of Personnel Management (OPM) revealed that a cyber intrusion had impacted its information technology systems and data, potentially compromising the personal information of about 4.2 million former and current federal employees. Later that month, OPM reported a separate cyber incident targeting OPM’s databases housing background investigation records. This breach is estimated to have compromised sensitive information of 21.5 million individuals.
Amid criticisms of how the agency managed its response to the intrusions and secured its information systems,...
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone or with the advice and consent of the Senate. This report identifies all nominations that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions,...
Presidential Appointments to Full-Time Positions in Executive Departments During the 113th Congress
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone, or with the advice and consent of the Senate. There are some 351 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 113th Congress for full-time positions in these 15 executive departments.
Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay...
Fair Pay and Safe Workplaces Order: Answers to Questions
This report discusses Executive Order 13673, Fair Pay and Safe Workplaces, which has the stated intent of increasing “efficiency and cost savings” by ensuring that executive branch procurement contractors understand and comply with labor laws.
Fair Pay and Safe Workplaces Executive Order: Questions and Answers
On July 31, 2014, President Obama issued Executive Order 13673, Fair Pay and Safe Workplaces, with the stated intent of “increas[ing] efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws.” The order requires that executive branch procurement contractors disclose information about their compliance with 14 specified federal labor laws and their state equivalents as part of the award process. It also requires that agency contracting officers take these disclosures into consideration...
What are the Department of Defense (DOD) Policies on Transgender Service?
This report briefly discusses Department of Defense Policies regarding transgender service.
The Dominican Republic: Tensions with Haiti over Citizenship and Migration Issues
This report discusses the dispute between the Dominican Republic and Haiti regarding the citizenship status of some 200,000 Dominicans of Haitian descent, as well as undocumented migrants in the Dominican Republic, which threatens to exacerbate tensions between the two neighbors.
On May 26, 2015, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule (CMS-2390-P) laying out the agency’s plan to update the federal regulations pertaining to Medicaid managed care, under which states contract with private health insurers to provide health care to some enrollees. The proposed rule was posted to the Federal Register on June 1, 2015.
The proposed rule would be the first major federal regulation impacting Medicaid managed care since 2002. In the early 1990s, states began turning to managed care to deliver benefits to enrollees. In FY2011, 49.8% of...
U.S. Command and Control and Intelligence, Surveillance, and Reconnaissance Aircraft
The fleet of manned aircraft accomplishing the Department of Defense’s (DOD’s) Command and Control (C2) and Intelligence, Surveillance, and Reconnaissance (ISR) missions for the joint military community (E-8, E-3, RC-135, WC-135, OC-135, and E-6) is primarily based on Boeing 707 aircraft procured from the 1960s to the early 1990s. As the age of these legacy C2ISR aircraft increases, understanding the Air Force and Navy modernization and recapitalization plans is likely important for Congress. This report examines the Air Force’s and Navy’s current sustainment, modernization, and...
Juvenile Justice: Legislative History and Current Legislative Issues
Juvenile justice in the United States has predominantly been the province of the states and their localities. The first juvenile court in America was founded in 1899 in Cook County, Illinois, and, by 1925, all but two states had established juvenile court systems. The mission of these early juvenile courts was to rehabilitate young delinquents instead of just punishing them for their crimes; in practice, this led to marked procedural and substantive differences between the adult and juvenile court systems in the states, including a focus on the offenders and not the offenses, and...
DRIVE Act Would Increase Highway Funding Faster than Projected Inflation
This report briefly discusses the Developing a Reliable and Innovative Vision for the Economy Act (DRIVE Act; S. 1647). The DRIVE Act would authorize $278 billion for a six-year federal highway program.
Hydraulic Fracturing and Safe Drinking Water Act Regulatory Issues
Congressional Research Service 7-5700 www.crs.gov R41760 Summary Hydraulic fracturing is a technique developed initially to stimulate oil production from wells in declining oil reservoirs. With technological advances, hydraulic fracturing is now widely used to initiate oil and gas production in unconventional (low-permeability) oil and gas formations that were previously uneconomical to produce. Nationwide, this process is now used in more than 90% of new oil and gas wells and in many existing wells to stimulate production. Hydraulic fracturing is done after a well is drilled and involves...
This report briefly discusses the announcement by Federal Bureau of Investigation (FBI) Director James Comey that the alleged assailant in the Charleston, SC, mass murder/shooting at the Emanuel African Methodist Episcopal Church might have been prevented from acquiring a handgun if not for possible recordkeeping oversights on the part of the FBI and Columbia, SC, city police and county sheriff's departments.
State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement
While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration—whether lawful or unlawful—is arguably felt most directly in the communities where aliens settle. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. Some states, cities, and other municipalities have sought to play an active role in immigration...
The Tibetan Policy Act of 2002: Background and Implementation
The Tibetan Policy Act of 2002 (TPA) is a core legislative measure guiding U.S. policy toward Tibet. Its stated purpose is “to support the aspirations of the Tibetan people to safeguard their distinct identity.” Among other provisions, the TPA establishes in statute the State Department position of Special Coordinator for Tibetan Issues and defines the Special Coordinator’s “central objective” as being “to promote substantive dialogue” between the government of the People’s Republic of China and Tibet’s exiled spiritual leader, the Dalai Lama, or his representatives. The Special...
Hunting and Fishing: Analysis of S. 556 and S. 659
Hunting, fishing, trapping, and recreational shooting, particularly on federal lands, have been the subjects of various bills for several Congresses. In general, federal land management agencies work with state fish and game agencies in setting quotas, bag or size limits, and other specifics of management. Some agencies currently open more than 90% of their acreage to hunting and fishing. Yet there has been criticism in recent years that insufficient federal land is open to hunting. In the 114th Congress, attention has focused on a pair of companion bills, S. 556 and S. 659. While both are...
Enacted in 1976, the Toxic Substances Control Act (TSCA) is the primary federal law that governs the regulation of chemicals in commerce. TSCA authorizes the Environmental Protection Agency (EPA) to determine whether regulatory control of a chemical substance is necessary to provide protection against “unreasonable risks” to those who are potentially exposed or to the environment. For several years leading up to the 114th Congress, there have been various legislative proposals to amend Title I of TSCA to revise the chemical evaluation process and the criteria by which chemical substances...
Hydropower: Federal and Nonfederal Investment
Congress continues to look at various fuel contributions to the electricity market and federal involvement with these fuel sources. Hydropower, the use of flowing water to produce electricity, is one such contribution. Conventional hydropower accounted for approximately 6% of total U.S. net electricity generation in 2014.
Hydropower has advantages and disadvantages as an energy source. Its advantages include its ability to be a continuous, or baseload, power source that releases minimal air pollutants during power generation relative to fossil fuels. Some of its disadvantages, depending...
District of Columbia: Issues in the 114th Congress
In the coming weeks and months the 114th Congress will debate a number of funding, governance, and constitutional issues affecting the District of Columbia, including budget and legislative autonomy, voting representation in the national legislature, federal appropriations, and congressionally supported education initiatives. In addition, Congress may consider measures intended to void or otherwise modify acts and initiatives approved by District citizens and their elected representatives. The mechanisms available to Congress in carrying out its oversight of District affairs include...
Trans-Pacific Partnership (TPP) Countries: Comparative Trade and Economic Analysis
The Trans-Pacific Partnership (TPP) is a proposed regional free trade agreement (FTA) among 12 countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. The negotiating parties describe the TPP as a proposed “living agreement,” which seeks to cover new trade topics and to include new members that are willing to adopt its high standards. The ongoing negotiations, which TPP country trade ministers have repeatedly announced are in the final stages, may progress more quickly with the recent congressional grant of Trade...
The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2016
The National Oceanic and Atmospheric Administration (NOAA) conducts scientific research in areas such as ecosystems, climate, global climate change, weather, and oceans; supplies information and data on the oceans and atmosphere; and manages coastal and marine organisms and environments. In 1970, Reorganization Plan No. 4 created NOAA in the Department of Commerce. Reorganization Plan No. 4 brought together environmental agencies from within the Department of Commerce, such as the National Weather Service, and from other departments and agencies, such as the Department of the Interior’s...
Considerations for a Catastrophic Declaration: Issues and Analysis
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) is the principal authority governing federal emergency and disaster response in the United States. The act authorizes the President to issue three categories of declaration: (1) major disaster, (2) emergency, or (3) fire management assistance grants in response to incidents that overwhelm the resources of state and local governments. Once a major disaster declaration is issued, a wide range of federal disaster assistance becomes available to eligible individuals and households, public entities, and...
Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy
Legislation to reauthorize Trade Promotion Authority (“TPA”), sometimes called “fast track,” was signed by President Obama on June 29, 2015 (P.L. 114-26). It was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015; H.R. 1890/S. 995) on April 16, 2015. The legislation was reported by the Senate Finance Committee on April 22, 2015, and by the House Ways and Means Committee the next day. TPA, as incorporated into H.R. 1314 by substitute amendment, passed the Senate on May 22 by a vote of 62-37. In the House of Representatives, the measure was...
Physical Security of the U.S. Power Grid: High-Voltage Transformer Substations
The U.S. electric power grid consists of over 200,000 miles of high-voltage transmission lines and hundreds of large transformer substations. High voltage (HV) transformer units make up less than 3% of U.S. transformers, but they carry 60%-70% of the nation’s electricity. Because they serve as vital nodes, HV transformers are critical to the nation’s electric grid. HV transformers are also the most vulnerable to damage from malicious acts.
For more than 10 years, the electric utility industry and government agencies have engaged in activities to secure HV transformers from physical attack...
How the Federal Sentencing Guidelines Work: An Overview
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most...
For purposes of this analysis, CRS selected 35 sections of the House-passed version of FY2016 National Defense Authorization Act (H.R. 1735), and 47 sections of the Senate-passed version of FY2016 NDAA (also H.R. 1735) that appear closely linked to the respective committee’s efforts to reform the acquisition system (excluding Sense of Congress). Each section is identified as fitting into one (or more) of the following four overarching categories: gathering information for future action, streamlining the current process, improving the effectiveness of the current process, and/or improving...
How the Federal Sentencing Guidelines Work: An Abridged Overview
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most...
Middle East Respiratory Syndrome (MERS-CoV): World Health Organization Responses
This report discusses responses to the recent outbreak of Middle East Respiratory Syndrome coronavirus (MERS-CoV), which has spread to more than a dozen countries.
Prospects for Democracy in Hong Kong: The 2017 Election Reforms (Update)
The United States-Hong Kong Policy Act of 1992 (P.L. 102-383) declares that, “Support for democratization is a fundamental principle of U.S. foreign policy. As such, it naturally applies to United States policy toward Hong Kong.” China’s law establishing the Hong Kong Special Administration Region (HKSAR), commonly referred to as the “Basic Law,” declares that “the ultimate aim” is the selection of Hong Kong’s Chief Executive (CE) and Legislative Council (Legco) by universal suffrage. The year 2015 may be a pivotal year for making progress toward the objectives of both of these laws. It...
Ex-Im Bank's General Statutory Authority Expires
This report discusses the Export-Import Bank (Ex-Im Bank), a wholly owned federal government corporation which seeks to provide direct loans, loan guarantees, and export credit insurance to: (1) support exports that the private sector is unwilling or unable to finance alone at commercially viable terms; and/or (2) counter government-backed financing offered by foreign countries through their export credit agency (ECA).
California Agricultural Production and Irrigated Water Use
California ranks as the leading agricultural state in the United States in terms of farm-level sales. In 2012, California’s farm-level sales totaled nearly $45 billion and accounted for 11% of total U.S. agricultural sales. Five counties—Tulare, Kern, Fresno, Monterey, and Merced—rank among the leading agricultural counties in the nation.
Given current drought conditions in California, however, there has been much attention on the use of water to grow agricultural crops in the state. Depending on the data source, irrigated agriculture accounts for roughly 40% to 80% of total water...
U.S.-Republic of Korea Nuclear Cooperation Agreement
The United States and South Korea have cooperated in the peaceful use of nuclear energy for over 50 years. This cooperation includes commercial power reactor projects as well as research and development work on safety, safeguards, advanced nuclear reactors, and fuel cycle technologies. This report discusses the new civilian nuclear cooperation agreement between the United States and South Korea.
Burma's Parliament Defeats Constitutional Amendments
This report discusses the recent defeat of 5 proposed constitutional amendments in Burma that arguably could have advanced democratic reforms in which Congress has shown an interest.
This report briefly discusses the current economic situation in Greece. Questions about whether Greece will stay in the Eurozone have resurfaced, as the government's stalemate with the International Monetary Fund (IMF) and Eurozone creditors has reached a critical point.
Congress has historically been quite interested in recruiting and retention of personnel in the nation’s Armed Forces, since maintaining a fully manned and capable workforce is a key component of military readiness. This report provides a brief overview of the recruiting and retention results for Active and Reserve Component enlisted personnel during FY2013 and FY2014.
Recruiting and Retention Metrics
Recruiting performance for enlisted personnel is principally measured in terms of meeting quantity and quality goals. Quantity goals are based on the projected need for new personnel each...
Life-Cycle Greenhouse Gas Assessment of Coal and Natural Gas in the Power Sector
Recent expansion in natural gas production has made the resource an increasingly significant component in the U.S. energy market. Further, a number of policies recently proposed and/or promulgated at the federal, state, and local levels may serve to accelerate this development. Examples of federal policies include U.S. Environmental Protection Agency air standards for power plants and vehicles, as well as bills introduced in the 114th Congress to promote increased natural gas production on federal lands, amend provisions in the tax code to incentivize natural gas production and use, and...
U.S. Capital Markets and International Accounting Standards: GAAP Versus IFRS
Capital markets function most efficiently when investors and creditors have a high degree of trust in the quality of information communicated by firms. Financial reports and disclosures are the primary means by which firms communicate about their performance with investors, creditors, regulators, and the public. Since the creation of the Securities and Exchange Commission (SEC) in 1930s, domestic companies in the United States have used U.S. Generally Accepted Accounting Principles (U.S. GAAP) to issue financial reports.
In 2002, the International Accounting Standards Board (IASB) was...
Sex Trafficking: An Abbreviated Overview of Federal Criminal Law
Sex trafficking is a state crime. Federal law, however, makes it a federal crime to conduct the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws sex trafficking activities that affect interstate or foreign commerce. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. The Justice for Victims of Trafficking Act of 2015 (Victims Justice Act; P.L. 114-22/S. 178) amended both §1591...
Sex Trafficking: An Overview of Federal Criminal Law
Sex trafficking is a state crime. Federal law, however, makes it a federal crime to conduct the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws sex trafficking activities that affect interstate or foreign commerce. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. The Justice for Victims of Trafficking Act of 2015 (Victims Justice Act; P.L. 114-22/S. 178) amended both §1591...
The Toxic Substances Control Act (TSCA) was enacted in 1976 to govern the regulation of chemical substances in U.S. commerce. Its core provisions have not been significantly amended since that time. Under TSCA, the Environmental Protection Agency (EPA) has implemented a chemicals management program over the past four decades. EPA has issued a very limited number of risk management rules under TSCA to restrict chemicals it has found to present unreasonable risks of injury to human health or the environment. Meanwhile, states and, in a few cases, local subdivisions of states have enacted an...
Determining the future role of U.S. nuclear weapons within the U.S. national security strategy is currently a topic of much debate. Many senior leaders are determined to design a strategy that defines a new role for U.S. nuclear weapons and makes those weapons responsive and relevant in today’s global threat environment. The current U.S. nuclear enterprise consists of a triad of options: Intercontinental Ballistic Missiles (ICBMs), Submarine Launched Ballistic Missiles (SLBMs), and long-range bombers. All three legs of the nuclear triad are aging, since they were largely built to counter...
Congressional Research Service 7-5700 www.crs.gov R42745 Summary Medicare is a nationwide health insurance program for individuals aged 65 and over and certain disabled individuals. The basic Medicare benefit package (termed “original Medicare” in this report) provides broad protection against the costs of many health care services. However, Medicare beneficiaries may still have significant additional costs, including co-payments, coinsurance, deductibles, and the full cost of services that are not covered by Medicare. To decrease their potential financial liability, some Medicare...
Comparison of Post-9/11 GI Bill® and Pell Grant Administration
This report compares and contrasts the administration of the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill®)—enacted as Title V of the Supplemental Appropriations Act, 2008 (P.L. 110-252)—and Federal Pell Grants, as authorized by Title IV-A-1 of the Higher Education Act (HEA). The Post-9/11 GI Bill provides educational assistance payments to eligible servicemembers and veterans, and their dependents. One of its primary objectives is readjustment of veterans to civilian life and the workforce. The federal Pell Grant program provides grant aid payments to eligible...
Navy Shipboard Lasers for Surface, Air, and Missile Defense: Background and Issues for Congress
This report focuses on potential Navy shipboard lasers for countering surface, air, and ballistic missile threats. It does not discuss the use of lasers on Navy aircraft or submarines, or the use of lasers by other military services. This report is based on unclassified, open-domain information from the Navy, industry, and research organizations such as RAND.
Immigration-Related Worksite Enforcement: Performance Measures
Under current Department of Homeland Security (DHS) guidance on immigration-related worksite enforcement, the agency uses available civil and administrative tools, including civil fines and debarment, to penalize and prevent unlawful employment. According to 2012 estimates, there are some 8.1 million unauthorized workers in the U.S. civilian labor force.
DHS’s U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA)....
The William D. Ford Federal Direct Loan (DL) program, authorized under Title IV, Part D of the Higher Education Act of 1965 (HEA), as amended, is the primary federal student loan program administered by the U.S. Department of Education (ED). The program makes available loans to undergraduate and graduate students and the parents of dependent undergraduate students to help them finance their postsecondary education expenses. Four types of loans are offered: Subsidized Stafford Loans for undergraduate students; Unsubsidized Stafford Loans for undergraduate and graduate students; PLUS Loans...
U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security
International trade is a critical component of the U.S. economy, with U.S. merchandise imports amounting to $2.4 trillion and exports to $1.6 trillion in 2014. The efficient flow of legally traded goods in and out of the United States is thus a vital element of the country’s economic security.
U.S. Customs and Border Protection (CBP), within the Department of Homeland Security (DHS), is the primary agency charged with monitoring, regulating, and facilitating the flow of goods through U.S. ports of entry (POEs). CBP’s policies are designed to (1) ensure the smooth flow of imported cargo...
Heightened commodity price volatility since 2008—driven by major market-shifting events, including increased demand for corn under strong federal biofuels incentives, a prolonged surge in China’s soybean import demand, and the severe U.S. drought of 2012—has generated many questions about linkages between farm commodity prices and U.S. food price inflation from Members of Congress and their constituents. This report responds to those concerns by addressing the linkage between farm and retail food prices. Retail food price inflation is addressed in CRS Report R40545, Consumers and Food...
Timeline Related to Health Insurance and Exchange Rules: Backdrop to King v. Burwell
The Supreme Court is expected to issue a decision in King v. Burwell by the end of June. The central issue in the case is whether the Affordable Care Act (ACA; P.L. 111-148, as amended) gives authority to the U.S. Department of the Treasury to make premium tax credits available to eligible individuals in every state (including the District of Columbia) or just the states that choose to establish their own health insurance exchanges (state-based exchanges, or SBEs).
As of the date of this report, the direction and scope of the Court decision is unknown. However, it is generally agreed that...
Social Networking and Committee Communications: Use of Twitter and Facebook in the 113th Congress
Communications between congressional committees and constituents and stakeholder groups have changed with the development of social networking services. Many committees now use email, official websites, blogs, YouTube channels, Twitter, Facebook, and other services—technologies that were either nonexistent or not widely available until recently—to communicate with Members of Congress, constituents, and stakeholder groups.
Social networking services have arguably served to enhance the ability of congressional committees to reach Members of Congress, constituents, and stakeholder groups and...
Cybersecurity and Information Sharing: Comparison of H.R. 1560 and H.R. 1731 as Passed by the House
Effective sharing of information in cybersecurity is generally considered an important tool for protecting information systems and their contents from unauthorized access by cybercriminals and other adversaries. Five bills on such sharing have been introduced in the 114th Congress—H.R. 234, H.R. 1560, H.R. 1731, S. 456, and S. 754. The White House has also submitted a legislative proposal and issued an executive order on the topic.
In the House, H.R. 1560, the Protecting Cyber Networks Act (PCNA), was reported out of the Intelligence Committee. H.R. 1731, the National Cybersecurity...
Tribal Jurisdiction over Nonmembers: A Legal Overview
Indian tribes are quasi-sovereign entities that enjoy all the sovereign powers that are not divested by Congress or inconsistent with the tribes’ dependence on the United States. As a general rule, this means that Indian tribes cannot exercise criminal or civil jurisdiction over nonmembers. There are two exceptions to this rule for criminal jurisdiction. First, tribes may exercise criminal jurisdiction over nonmember Indians. Second, tribes may try non-Indians who commit dating and domestic violence crimes against Indians within the tribes’ jurisdictions provided the non-Indians have...
The Medical Device Excise Tax: Economic Analysis
The 2.3% medical device tax imposed by the Affordable Care Act (ACA; P.L. 111-148) in 2010 was one of a number of additional revenue-raising provisions to finance health reform. This tax, which took effect in January 2013, is projected to collect approximately $30.6 billion over the next 10 fiscal years (FY2016-FY2025), resulting in $24.4 billion of net revenue raised, after accounting for offsets from other taxes.
Some have called for a repeal of the medical device tax since enactment in 2010. Repeal of the tax has become such a high priority for some Members of Congress that it was one...
South Carolina Church Shooting and Hate Crime in the United States
This report provides statistics on Hate Crimes in the United States, in the wake of the South Carolina Church Shooting on June 18, 2015.
Chinese Land Reclamation in the South China Sea: Implications and Policy Options
Since September 2013, China has undertaken extensive reclamation and construction on several reefs in the Spratly Island chain in the South China Sea, raising a variety of concerns in the United States and Asia. The reclamation has created over 2,000 acres (809 hectares) of artificial landmasses on Chinese-occupied reefs that are disputed between several countries and are located in some of the world’s most heavily trafficked waters. China announced on June 16, 2015, that its reclamation work would be completed “in the upcoming days,” and that when reclamation was finished, it would turn...
Protecting Civil Aviation from Cyberattacks
This report briefly discusses cyber-security issues in civil aviation. unclear. A recent probe into alleged hacking incidents unfolded just weeks after the Federal Bureau of Investigation (FBI) and the Transportation Security Administration (TSA) alerted airlines to be on the lookout for passengers trying to tap into aircraft electronics and for evidence of tampering or network intrusions.
DOE’s Office of Science and the FY2016 Budget Request
The Department of Energy’s Office of Science conducts basic research in six overarching program areas: advanced scientific computing research, basic energy sciences, biological and environmental research, fusion energy sciences, high-energy physics, and nuclear physics. Through primarily these programs, the Department of Energy was the third-largest federal funder of basic research and the largest federal funder of research in the physical sciences in FY2014.
This budget and appropriations tracking report describes selected major items from the Administration’s FY2016 budget request for...
ARPA-E and the FY2016 Budget Request
The Advanced Research Projects Agency–Energy, or ARPA-E, was established within the Department of Energy to “overcome the long-term and high-risk technological barriers in the development of energy technologies” (P.L. 110-69, §5012). Patterned after the widely lauded Defense Advanced Research Projects Agency (DARPA)—which played a key role in the development of critical technologies such as satellite navigation and the Internet—ARPA-E has supported more than 400 energy technology research projects since Congress first funded it in FY2009.
This budget and appropriations tracking report...
Modification of Child Support Orders: Background, Policy, and Concerns
Child support orders are almost always expressed in fixed dollar amounts, and over time the needs of the child and the financial circumstances of one or both parents may change. However, without periodic modifications, child support obligations can become inadequate and/or inequitable or may not correspond to the noncustodial parent’s income and/or ability to pay.
Under current law (pursuant to P.L. 109-171, the Deficit Reduction Act of 2005), states are required to review and, if appropriate, adjust child support orders at least once every three years in cases in which the family is...
Fact Sheet: Selected Highlights of the FY2016 Defense Appropriations Bills (H.R. 2685 and S. 1558)
This fact sheet summarizes selected highlights of the version of the FY2016 Defense Appropriations Bill passed by the House on June 11, 2015 (H.R. 2685) and the version reported by the Senate Appropriations Committee the same day (S. 1558).
The Addition of Trainers to Iraq: Background for Congress
Responding to recent setbacks in Iraq and Syria in the fight against the Islamic State organization (IS, aka ISIL/ISIS/Daesh), on June 10, 2015, President Obama authorized the deployment of an additional 450 troops to train, advise and assist the Iraqi Security Forces. These U.S. forces are to join the 3,100 already in theater, which would bring the total number of U.S. forces in Iraq up to approximately 3,550. Approximately half of those additional forces would advise the 8th Iraqi Division on the use of its ground forces and help build connections between the government in Baghdad and...
African Growth and Opportunity Act (AGOA): Background and Reauthorization
The African Growth and Opportunity Act (AGOA) is a nonreciprocal trade preference program that provides duty-free treatment to U.S. imports of certain products from eligible sub-Saharan African (SSA) countries. There are 49 candidate SSA countries with 39 currently eligible for the preference benefits. Congress first authorized AGOA in 2000 to encourage export-led growth and economic development in SSA and improve U.S. economic relations with the region. Its current authorization expires on September 30, 2015.
Bills to renew the preference program (H.R. 1891/S. 1009) were introduced in...
Turkey After June 2015 Elections: Erdogan and the AKP Fall Short
This report discusses the parliamentary politics of Turkey in the wake of elections held on June 7, 2015. Although Turkey's Islamist-rooted Justice and Development Party (AKP) won the most seats in parliamentary elections, it lost the governing majority it had enjoyed since 2002--probably ending President Recep Tayyip Erdogan's (air-doe-wan) hopes for constitutional change to increase his formal powers.
Intelligence Authorization Legislation for FY2016: Selected Provisions
This report briefly highlights key provisions of H.R. 2596, the Intelligence Authorization Act for Fiscal Year 2016 (IAA for FY2016), which provides guidance to, and authorizes appropriations for, components of the U.S. Intelligence Community (IC).
Conference Reports and Joint Explanatory Statements
When a conference committee completes its work successfully, the committee presents and explains its agreements in two documents: first, a conference report; and second, a joint explanatory statement, often called a statement of managers.
The conference report presents the formal legislative language on which the conference committee has agreed. The joint explanatory statement explains the various elements of the conferees’ agreement in relation to the positions that the House and Senate had committed to the conference committee.
Critical Infrastructures: Background, Policy, and Implementation
The nation’s health, wealth, and security rely on the production and distribution of certain goods and services. The array of physical assets, functions, and systems across which these goods and services move are called critical infrastructures (e.g., electricity, the power plants that generate it, and the electric grid upon which it is distributed).
The national security community has been concerned for some time about the vulnerability of critical infrastructure to both physical and cyberattack. In May 1998, President Clinton released Presidential Decision Directive No. 63. The Directive...
Cybersecurity Issues for the Bulk Power System
In the United States, it is generally taken for granted that the electricity needed to power the U.S. economy is available on demand and will always be available to power our machines and devices. However, in recent years, new threats have materialized as new vulnerabilities have come to light, and a number of major concerns have emerged about the resilience and security of the nation’s electric power system. In particular, the cybersecurity of the electricity grid has been a focus of recent efforts to protect the integrity of the electric power system.
The increasing frequency of cyber...
Sex Trafficking: Proposals in the 114th Congress to Amend Federal Criminal Law
Existing federal law outlaws sex trafficking and provides a variety of mechanisms to prevent it and to assist its victims. Members have offered a number of proposals during the 114th Congress to bolster those efforts. Several clarify, expand, or supplement existing federal criminal law.
For instance, Senator Cornyn’s S. 178, which was packaged with Representative Poe’s H.R. 181 and several proposals and enacted as the Justice for Victims of Trafficking Act of 2015 (P.L. 114-22), confirms that federal commercial sex trafficking prohibitions apply to the customers of such enterprises. P.L....
Justice for Victims of Trafficking Act: A Legal Analysis of the Criminal Provisions of P.L. 114-22
The Justice for Victims of Trafficking Act, P.L. 114-22 (S. 178), establishes and enhances a host of federal programs designed to prevent human trafficking and assist its victims. It also adjusts federal criminal law in the areas of substantive criminal law, victims’ rights, and related criminal procedure. It is these adjustments that are the subject of this report.
P.L. 114-22 amends the federal commercial sex trafficking statute, 18 U.S.C. 1591, to clarify the criminal liability of the advertisers and customers of a commercial sex trafficking enterprise. It modifies the Mann Act, which...
Train and Equip Program for Syria: Authorities, Funding, and Issues for Congress
In 2014, Congress for the first time provided the President with authority and funds to overtly train and lethally equip vetted members of the Syrian opposition for select purposes. These purposes include supporting U.S. efforts to combat the Islamic State and other terrorist organizations in Syria and setting the conditions for a negotiated settlement to Syria’s civil war. The FY2015 National Defense Authorization Act (NDAA, P.L. 113-291) and the FY2015 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) provided that up to $500 million could be transferred from...
Campaign Finance: Constitutionality of Limits on Contributions and Expenditures
The First Amendment to the U.S. Constitution provides that “Congress shall make no law ... abridging the freedom of speech, or of the press.” This provision limits the government’s power to restrict speech. In 1976, the Supreme Court issued its landmark campaign finance ruling in Buckley v. Valeo. In Buckley, the Court determined that limits on campaign contributions, which involve giving money to an entity, and expenditures, which involve spending money directly for electoral advocacy, implicate rights of political expression and association under the First Amendment. In view of the fact...
Ending Cash Flow Financing to Egypt: Issues for Congress
On March 31, 2015, after a phone call between President Obama and Egyptian President Abdelfattah al Sisi, the White House announced that beginning in FY2018, the United States would stop providing cash flow financing (CFF) to Egypt. Cash flow financing is the financial mechanism that enables foreign governments to pay for U.S. defense equipment in partial installments over time rather than all at once; successive Administrations have authorized CFF for Egypt since 1979.
In recent years, as public scrutiny of U.S. military aid to Egypt has increased, some observers have criticized the...
FY2016 NDAA: A Comparison of House and Senate Provisions for Military Retirement Reform
This report discusses the military retirement system, which is a funded, noncontributory, defined benefit system that provides a monthly annuity to servicemembers after 20 years of qualifying service.
Legislation to Facilitate Cybersecurity Information Sharing: Economic Analysis
Data breaches, such as those at Target, Home Depot, Neiman Marcus, JPMorgan Chase, and Anthem, have affected financial records of tens of millions of households and seem to occur regularly. Companies typically respond by trying to increase their cybersecurity, hiring consultants, and purchasing new hardware and software. Policy analysts have suggested that sharing information about these breaches could be an effective and inexpensive part of improving cybersecurity. Firms share information directly on an ad hoc basis and through private-sector, nonprofit organizations, such as Information...
Department of Homeland Security: FY2015 Appropriations
This report analyzes the FY2015 appropriations for the Department of Homeland Security (DHS). While this report makes note of many budgetary resources provided to DHS, its primary focus is on funding approved by Congress through the appropriations process.
The Administration requested $38.332 billion in adjusted net discretionary budget authority for DHS for FY2015, as part of an overall budget of $60.919 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the budget caps). The request amounted to a $0.938 billion, or 2.4%, decrease...
The Social Security Retirement Age: In Brief
Workers may claim full Social Security benefits at the full retirement age (FRA), which is rising gradually to age 67 for workers who were born in 1960 or later. Retired workers may claim benefits as early as age 62, which is known as the early eligibility age (EEA). Social Security benefits are reduced, however, for every month that retired worker benefits are claimed before the FRA.
Congressional Power to Create Federal Courts: A Legal Overview
The U.S. Constitution established only one federal court—the U.S. Supreme Court. Beyond this, Article III of the Constitution left it to the discretion of Congress to “ordain and establish” lower federal courts to conduct the judicial business of the federal government. From the very first, Congress established a host of different federal tribunals to adjudicate a variety of legal disputes. The two central types of federal “courts”—courts established under Article III and those tribunals that are not—differ in many respects, including with regard to their personnel, purposes, and...
A Parliamentary-Style Question Period: Proposals and Issues for Congress
In May 2008, Senator and presidential candidate John McCain stated that, as President, he would “ask Congress to grant me the privilege of coming before both Houses to take questions and address criticism, much the same as the Prime Minister of Great Britain appears regularly before the House of Commons.”
Such a “question period,” in which the chief executive official appears before the legislature to answer questions, is a feature of most parliamentary systems. Prime Minister’s Questions is a major component of British politics, receiving substantial press, radio, and television...
Procurement Debarment and Suspension of Government Contractors: Legal Overview
Debarment and suspension (collectively known as “exclusion”) are of perennial interest to Congress because exclusion is one of the primary techniques that federal agencies use to avoid dealings with vendors who have failed, or are deemed likely to fail, to meet their obligations under federal law or government contracts. Debarred contractors are generally ineligible for new federal contracts for a fixed period of time, while suspended contractors are generally ineligible for the duration of any investigation or litigation involving their conduct. Federal law specifies various grounds for...
An Overview of the Employment-Population Ratio
The Bureau of Labor Statistics (BLS) defines the employment-population ratio as the ratio of total civilian employment to the civilian noninstitutional population. Simply put, it is the portion of the population that is employed. The ratio is used primarily as a measure of job holders and to track the pace of job creation, relative to the adult population, over time.
The employment-population ratio has several properties that make it an attractive indicator for labor market analysis. It is easy to interpret and can be used to make meaningful comparisons across time and groups with...
Marijuana and Federal Tax Law: In Brief
As an increasing number of states have permitted the use of marijuana for medical and recreational uses, questions have arisen about the federal income tax consequences for businesses that sell marijuana and their buyers.
There is no question that income from selling marijuana is taxable to the seller, regardless of whether such sale is legal or not under federal or state law. While such income is taxable, the seller will be limited in its ability to deduct business expenses and claim tax credits. This is because Section 280E of the Internal Revenue Code (IRC) disallows a deduction or...
The Violence Against Women Act: Overview, Legislation, and Federal Funding
The Violence Against Women Act (VAWA) has been of ongoing interest to Congress since its enactment in 1994 (P.L. 103-322). The original act was intended to change attitudes toward domestic violence, foster awareness of domestic violence, improve services and provisions for victims, and revise the manner in which the criminal justice system responds to domestic violence and sex crimes. The legislation created new programs within the Departments of Justice (DOJ) and Health and Human Services (HHS) that aimed to reduce domestic violence and improve response to and recovery from domestic...
Congress has played an active role in U.S. policy toward Sudan for more than three decades. Efforts to support an end to the country’s myriad conflicts and human rights abuses have dominated the agenda, as have counterterrorism concerns. When unified (1956-2011), Sudan was Africa’s largest nation by area, bordering nine countries and stretching from the northern borders of Kenya and Uganda to the southern borders of Egypt and Libya. Strategically located along the Nile River and the Red Sea, Sudan was historically described as a crossroads between the Arab world and Africa. Domestic and...
In Brief: Options to Help Meet a Congressional Requirement for Nuclear Weapon “Pit” Production
A pit is the plutonium core of a thermonuclear weapon. Imploding it with conventional explosives provides the energy to detonate the rest of the weapon. The Rocky Flats Plant made up to 2,000 pits per year (ppy) through 1989; since then, the United States has made 29 pits for the stockpile. Yet the FY2015 National Defense Authorization Act requires the National Nuclear Security Administration (NNSA), which manages the nuclear weapons program, to produce at a rate of 80 ppy for 90 days in 2027. How can that requirement be met?
Pits are to be made at Los Alamos National Laboratory’s main...
Invasive Species: Issues in Brief
For the first few centuries after the arrival of Europeans in North America, plants and animals of many species were sent between the two continents. The transfer of non-natives consisted not only of intentional westbound species ranging from pigs to dandelions but also of intentional eastbound species, such as gray squirrels and tomatoes. And for those centuries, the remaining non-native species crossing the Atlantic, uninvited and often unwelcome, were ignored if they were noticed at all. They were joined by various species arriving deliberately or accidentally from Asia and Africa. The...
Transportation Conformity Under the Clean Air Act
Under the Clean Air Act, areas that have not attained one or more of the six National Ambient Air Quality Standards (currently more than 100 areas with a combined population of 143 million) must develop State Implementation Plans (SIPs) providing for implementation, maintenance, and enforcement of the NAAQS. The act requires that, in these areas, federal agencies not engage in, approve, permit, or provide financial support for activities that do not “conform” to the area’s SIP.
Although a wide range of federal funding and programs is subject to conformity, it is transportation planning...
Overview of Constitutional Challenges to NSA Collection Activities
Beginning in summer 2013, media reports of foreign intelligence activities conducted by the National Security Agency (NSA) have been widely published. The reports have focused on two main NSA collection activities approved by the Foreign Intelligence Surveillance Court (FISC) established under the Foreign Intelligence Surveillance Act (FISA) of 1978. The first is the bulk collection of telephony metadata for domestic and international telephone calls. The second involves the interception of Internet-based communications and is targeted at foreigners who are not within the United States,...
Maps of 2015 Individual Exchange Enrollment by Zip Code
This report presents a tool to examine exchange enrollment information by zip code with additional geographic boundaries.
Agricultural Disaster Assistance
This report briefly discusses the federal grand jury, which exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment.
The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 149 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 113th Congress.
Information for each board and commission is presented in profiles and tables. The profiles...
Highly Pathogenic Avian Influenza: Ongoing Outbreak
This report gives a brief overview of the pathogenic avian influenza (HPAI), which as of May 15, 2015, the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) reported 168 cases.
Stored Communications Act: Reform of the Electronic Communications Privacy Act (ECPA)
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to both protect the privacy of an individual’s electronic communications and provide the government with a means for accessing these communications and related records. Although passed at the infancy of the Internet, the Stored Communications Act (SCA), which is part of ECPA, has been interpreted over the years to cover the content of emails, private Facebook messages, YouTube videos, and so-called metadata, or non-content information, connected to our Internet transactions (e.g., websites visited, to/from and...
Candidates, Groups, and the Campaign Finance Environment
This report briefly discusses the current campaign finance environment and the implications of changes to campaign finance policy over the past several decades.
This report discusses the legal background associated with the sunset of various provisions of the USA PATRIOT Act and of subsequent related legislation.
Selected Issues in Homeland Security Policy for the 114th Congress
In 2001, in the wake of the terrorist attacks of September 11th, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to a broadly discussed issue in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296) and the establishment of the Department of Homeland Security (DHS). Evolution of America’s response to terrorist threats has continued under the leadership of different Administrations, Congresses, and in a shifting...
United Nations Reform: Background and Issues for Congress
Since its establishment in 1945, the United Nations (U.N.) has undergone numerous reforms as international stakeholders seek ways to improve the efficiency and effectiveness of the U.N. system. During the past two decades, controversies such as corruption in the Iraq Oil-For-Food Program, allegations of sexual abuse by U.N. peacekeepers, and instances of waste, fraud, and abuse by U.N. staff have focused attention on the need for change and improvement of the United Nations. Many in the international community, including the United States, continue to promote substantive reforms. The 114th...
International Investment Agreements (IIAs): Frequently Asked Questions
In recent decades, the United States has entered into binding investment agreements with foreign countries to facilitate investment flows, reduce restrictions on foreign investment and expand market access, and enhance investor protections, while balancing other policy interests. Some World Trade Organization (WTO) agreements address investment issues in a limited manner. In the absence of a comprehensive multilateral agreement, bilateral investment treaties (BITs) and investment chapters in free trade agreements (FTAs), known as international investment agreements (IIAs), have been the...
U.S. Citizenship and Immigration Services (USCIS) Functions and Funding
U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS), performs multiple functions including the adjudication of immigration and naturalization petitions, consideration of refugee and asylum claims and related humanitarian and international concerns, and a range of immigration-related services, such as issuing employment authorizations and processing nonimmigrant change-of-status petitions. Processing immigrant petitions remains USCIS’s leading function. In FY2014, it handled roughly 6 million petitions for immigration-related...
How Have Small Banks Been Affected by Financial Reform?
This report briefly summarizes a CRS analysis of major rules issued since 2010 by banking regulators pursuant to the Dodd-Frank Act.
Pakistan-U.S. Relations: Issues for the 114th Congress
Congress has taken keen interest in U.S. relations with Pakistan, especially as related to counterterrorism and U.S. foreign assistance. The terrorist attacks of September 2001 transformed U.S.-Pakistan relations virtually overnight. After more than a decade under broad U.S. sanctions for its nuclear proliferation activities, and later for a military coup, Pakistan became a key ally in U.S.-led efforts to combat Islamist militancy and extremism. Pakistan has been a leading recipient of U.S. assistance for nearly 15 years, having received more than $20 billion in economic, security, and...
Uncertainty in Financial Projections of Social Security
The financial outlook for Social Security has been the subject of much analysis and debate. This report briefly discusses a report from the Social Security Board of Trustees which contains the federal government's official financial projections for the Social Security program.
Nuclear Weapon “Pit” Production: Options to Help Meet a Congressional Requirement
A pit is the plutonium core of a thermonuclear weapon. Imploding it with conventional explosives provides the energy to detonate the rest of the weapon. The Rocky Flats Plant made up to 2,000 pits per year (ppy) through 1989; since then, the United States has made 29 pits for the stockpile. Yet the FY2015 National Defense Authorization Act requires the National Nuclear Security Administration (NNSA), which manages the nuclear weapons program, to produce at a rate of 80 ppy for 90 days in 2027. How can that requirement be met?
Pits are to be made at Los Alamos National Laboratory’s main...
Individual Mandate Under the ACA
Since 2014, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) has required most individuals to maintain health insurance coverage or potentially to pay a penalty for noncompliance. Specifically, most individuals are required to maintain minimum essential coverage for themselves and their dependents. Minimum essential coverage is a term defined in the ACA and its implementing regulations and includes most private and public coverage (e.g., employer-sponsored coverage, individual coverage, Medicare, and Medicaid, among others). Some individuals are exempt from...
The September 11, 2001 Terrorist Attacks: Reauthorization of Health and Injury Compensation Programs
For most disasters across the nation, the affected local, state, or tribal governments have sufficient capabilities to respond to the incident. However, for disasters with consequences that require unique capabilities or that overwhelm the existing capabilities of a respective state or tribal government, Congress has authorized and appropriated a suite of deployable federal assets to support domestic disaster response operations. This report reviews several key concepts about these federal assets, and highlights possible issues Congress may consider when evaluating their authorization and...
Obama Library Likely Headed to Chicago's South Side
This report briefly discusses the proposed construction of President Barack Obama's presidential library in the South Side of Chicago.
Military Construction, Veterans Affairs, and Related Agencies: FY2015 Appropriations
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. It capitalizes military family housing and the U.S. share of the NATO Security Investment Program and finances the implementation of installation closures and realignments. It underwrites veterans benefit and health care programs administered by the Department of Veterans Affairs (VA), provides for the creation and maintenance of U.S. cemeteries and...
The Student Non-Discrimination Act (SNDA): A Legal Analysis
Introduced in each of the last several congressional sessions, the Student Non-Discrimination Act (SNDA) would prohibit discrimination on the basis of actual or perceived sexual orientation or gender identity in public elementary and secondary schools. The stated purpose of the legislation (H.R. 846/S. 439 in the 114th Congress) is to ensure that students are free from discriminatory conduct such as harassment, bullying, intimidation, and violence. SNDA appears to be patterned on Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally...
Consumers and Food Price Inflation
The heightened price volatility of global commodity markets in 2008, the devastating U.S. drought of 2012, China’s growing demand for international commodities, and almost routine media reports of daunting world population growth all raise the specter of food price inflation and generate many questions about farm and food price movements. Understanding food price changes and their effects on consumers is an important matter for Members of Congress and their constituents. This report provides information on the current status and outlook for U.S. food prices, measuring their changes and how...
Genomic Data and Privacy: Background and Relevant Law
Advances in genomics technology and information technology infrastructure, together with policies regarding the sharing of research data, support new approaches to genomic research but also raise new issues with respect to privacy. The development of new genomic sequencing technologies has allowed for the generation of big data, and recent changes in information technology infrastructure have facilitated big data storage and analytics. These developments are expected to support significant changes in health research and, eventually, in health care delivery.
Genetic and genomic research—and...
Employment for Veterans: Trends and Programs
Veterans’ employment outcomes in the civilian labor market are an issue of ongoing congressional interest. This report offers introductory data on veterans’ performance in the civilian labor market as well as a discussion of veteran-targeted federal programs that provide employment-related benefits and services.
According to federal data, the unemployment rate for veterans who served after September 2001 is higher than the unemployment rate for nonveterans. Conversely, the unemployment rate for veterans from prior service periods (a much larger population than post-9/11 veterans) is lower...
Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions
Recent reports that certain entities continued to receive federal government contracts after reincorporating overseas have prompted questions about current and proposed restrictions on contracting with “inverted domestic corporations.” These questions are shaped, in part, by the broader debate over whether such corporations are to be seen as “deserters,” who change their corporate citizenship to avoid paying U.S. taxes, or as evidencing systemic problems in the U.S. tax code. However, they also reflect long-standing debate over whether and to what degree the federal procurement process...
This report briefly outlines the United Kingdom's recent election that was held on May 7, 2015 and resulted in a decisive victory for the Conservative Party.
Immigration Detainers: Legal Issues
An “immigration detainer” is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. ICE and its predecessor, the Immigration and Naturalization Service (INS), have used detainers as one means of obtaining custody of aliens for removal proceedings since at least 1950. ICE’s implementation of the Secure Communities program in the period between 2008 and 2014 raised numerous questions about detainers. This program relied upon information sharing between various levels and...
In-Country Refugee Processing: In Brief
The Obama Administration has established a new refugee program for certain minors in El Salvador, Guatemala, and Honduras with a parent who is lawfully present in the United States. Created in response to the FY2012-FY2014 surge in unaccompanied child arrivals to the United States from these countries, the Administration has described the new Central American Minors (CAM) program as providing an alternative to a dangerous journey to the United States.
The CAM program is an in-country refugee processing program, which means that eligible minors will be processed by the U.S. government from...
The federal grand jury exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers.
As an arm of the U.S. District Court which summons it, upon whose process it relies, and which will receive any indictments it returns, the grand jury’s subject matter and geographical jurisdiction is that of the court to which it is attached.
As a general rule, the law is entitled to everyone’s evidence. Witnesses subpoenaed to appear before the grand jury, therefore, will find little to excuse their...
The White House Office of Science and Technology Policy: Issues for the 114th Congress
Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states, “The primary function of the OSTP Director is to provide, within the Executive Office of the President [EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.” Further, “The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans,...
In 2007, the Supreme Court rendered one of its most important environmental decisions. In Massachusetts v. EPA, the Court held 5-4 that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute “air pollutants” as that phrase is used in the Clean Air Act (CAA). As a result, said the Court, the U.S. Environmental Protection Agency (EPA) had improperly denied a petition seeking CAA regulation of GHG emissions from new motor vehicles by citing, among other reasons, the agency’s lack of authority over such emissions.
This report offers a chronology of major federal...
International Air Service Controversies: Frequently Asked Questions
“Open skies” agreements are a form of international civil air service agreement that facilitates international aviation in a deregulated environment. They eliminate government involvement in airline decisionmaking about international routes, capacity, and prices. Since 1992, the United States has reached 114 open skies agreements governing international air passenger and air freight services.
There are two ongoing controversies that are related to open skies agreements. One controversy involves some U.S. network airlines’ and labor unions’ opposition to the expansion of three fast-growing...
Tesla's Home Battery--An Electricity Storage Breakthrough?
Cost-effective electricity storage has long been a kind of "Holy Grail" for the electric power sector. This report briefly discusses potential innovations in electricity storage.
Patents and Regulatory Exclusivities: Issues in Pharmaceutical Innovation and Competition
Patents and regulatory exclusivities have each been the subject of congressional interest in recent years. Patents, which are administered by the U.S. Patent and Trademark Office (USPTO), allow for a uniform 20-year term of protection for a variety of inventions. In contrast, regulatory exclusivities apply to drugs and biologic medicines regulated by the Food and Drug Administration (FDA). Federal legislation establishes a complex range of regulatory exclusivities applicable to, among other subjects, new chemical entities, orphan drugs, and generic drugs. In general, these intellectual...
Upon the enactment of the Patient Protection and Affordable Care Act (ACA), as amended, certain questions have been raised about how the ACA might affect existing law. One such existing law, the Genetic Information Nondiscrimination Act (GINA), is a civil rights statute and has as its purpose the prohibition of discrimination against individuals on the basis of genetic information. In order to effectuate this prohibition, GINA not only contains certain requirements for health insurance and a general prohibition of employment discrimination provisions, but also has strong privacy...
Frequently Asked Questions About Tax-Exempt Organizations
This report answers frequently asked questions about tax-exempt organizations. It provides basic answers and refers to sources of additional information that might be useful. The report focuses on the types of organizations described in Internal Revenue Code (IRC) Section 501(c), with the main emphasis on Section 501(c)(3) charitable organizations.
One set of questions addresses some of the primary characteristics of tax-exempt organizations, including whether they may participate in lobbying and election-related activities, and defines the terms “tax-exempt,” “nonprofit...
Invasive Species: Control Options and Issues for Congress
For the first few centuries after the arrival of Europeans in North America, plants and animals of many species were sent between the two land masses. The transfer of non-natives consisted not only of intentional westbound species ranging from pigs to dandelions but also of intentional eastbound species such as grey squirrels and tomatoes. And for those centuries, the remaining non-native species crossing the Atlantic, uninvited and often unwelcome, were ignored if they were noticed at all. They were joined by various species arriving deliberately or accidentally from Asia and Africa. The...
An Introduction to Health Insurance: What Should a Consumer Know?
Congress has seen a renewed interest in the market for private health insurance since the passage of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended). This report provides an overview of private-sector (as opposed to government-provided) health insurance. It serves as an introduction to health insurance from the point of view of many consumers under the age of 65. No background in health insurance is assumed, and all terms are defined in the body of the report.
A consumer may find the purchase of health care inherently different from some other purchases....
Corporate Tax Base Erosion and Profit Shifting (BEPS): An Examination of the Data
Congress and the Obama Administration have expressed interest in addressing multinational corporations’ ability to shift profits into low- and no-tax countries with little corresponding change in business operations. Several factors appear to be driving this interest. Economists have estimated that profit shifting results in significant tax revenue losses annually, implying that reducing the practice could help address deficit and debt concerns. Profit shifting and base erosion are also believed to distort the allocation of capital as investment decisions are overly influenced by taxes....
Benefits for retired employees are of particular interest to policymakers, who often are concerned with the income security of retirees, a large and fast-growing population. One aspect of this congressional concern is what happens when bankrupt employers are unable to provide promised pension and health benefits to their retired employees.
In chapter 11 bankruptcy reorganization, the employer receives protections against its financial commitments in the hope that it may once again become profitable. This protection could include not having to honor obligations concerning pensions and...
Tax Expenditures: Overview and Analysis
Tax expenditures—revenue losses associated with targeted provisions that move the income tax away from a “theoretical normal” tax system—are a long-standing feature of the U.S. tax code. In some ways, tax expenditures resemble direct spending programs. They both have similar budgetary effects and provide incentives that alter the allocation of resources. Hence, tax expenditures, like direct spending, are one of the ways that the federal government plays a role in shaping the economy.
Tax expenditures, however, do not regularly receive the same level of scrutiny as direct spending programs....
Mandatory Minimum Sentencing Legislation in the 114th Congress
A surprising number of federal crimes carry mandatory minimum terms of imprisonment; that is, they are punishably by imprisonment for a term of not less than some number of years. During the 114th Congress, Members have introduced a number of related proposals. Some would expand the scope of existing mandatory minimum sentencing provisions; others would contract their reach.
The most sweeping proposal is that of Representative Scott (VA) (H.R. 706) and Senator Paul (S. 353), which impacts mandatory minimum sentencing across the board, allowing federal courts to disregard statutory...
European Fighters in Syria and Iraq: Assessments, Responses, and Issues for the United States
The rising number of U.S. and European citizens traveling to fight with rebel and terrorist groups in Syria and Iraq has emerged as a growing concern for U.S. and European leaders, including Members of Congress. Several deadly terrorist attacks in Europe over the past year—including the killing of 17 people in Paris in January 2015—have heightened the perception that these individuals could pose a serious security threat. Increasingly, terrorist suspects in Europe appear to have spent time with groups fighting in the Middle East, especially with the Islamic State organization (also known...
Carbon capture and sequestration (or storage)—known as CCS—is a physical process that involves capturing manmade carbon dioxide (CO2) at its source and storing it before its release to the atmosphere. The U.S. Department of Energy (DOE) has pursued research and development (R&D) of aspects of the three main steps leading to an integrated CCS system since 1997. Congress has appropriated nearly $7 billion in total since FY2008 for CCS research, development, and demonstration (RD&D) at DOE’s Office of Fossil Energy: nearly $3.5 billion in total annual appropriations (including FY2015) and...
FY2016 Military Construction Appropriations: President's Request and House Markup Compared
This report briefly discusses the financing of military construction. Military construction is normally funded through Title I of the Military Construction, Veterans Affairs, and Related Agencies appropriations bill and provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide.
Cash Versus Accrual Accounting: Tax Policy Considerations
Two methods of accounting are generally available to businesses: cash basis and accrual basis accounting. Under cash basis accounting, revenue and expenses are recognized and recorded when cash is actually paid or received. Under accrual basis accounting, revenue is recorded when it is earned and expenses are reported when they are incurred, regardless of when payment is actually made or received. On the one hand, the cash basis method is simpler and arguably less administratively burdensome on businesses. On the other hand, cash accounting may result in a less accurate measure of economic...
State Children’s Health Insurance Program: An Overview
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and states, and the states are responsible for administering CHIP. In FY2013, CHIP enrollment totaled 8.4 million individuals and CHIP expenditures totaled $13.2 billion.
Under the CHIP program, the federal government sets basic requirements for CHIP, but states have the flexibility...
2014 Farm Bill Provisions and WTO Compliance
The enacted 2014 farm bill (Agricultural Act of 2014; P.L. 113-79) could result in potential compliance issues for U.S. farm policy with the rules and spending limits for domestic support programs that the United States agreed to as part of the World Trade Organization’s (WTO’s) Uruguay Round Agreement on Agriculture (AoA). In general, the act’s new farm safety net shifts support away from classification under the WTO’s green/amber boxes and toward the blue/amber boxes, indicating a potentially more market-distorting U.S. farm policy regime.
The 2014 farm bill eliminates many of the...
An Analysis of the Regulatory Burden on Small Banks
Since the financial crisis, policymakers have focused on addressing the failures that led to turmoil and ensuring that the financial system and the economy are better positioned to withstand future market disruptions. Some believe that the actions taken to realize these goals have been beneficial; others argue that the pendulum of regulation has swung too far and that the additional regulation has stymied economic growth and reduced consumers’ access to credit. Much of the debate has centered on how new regulation has affected small banks.
A central question about the regulation of small...
An Overview of Unconventional Oil and Natural Gas: Resources and Federal Actions
The United States has seen resurgence in petroleum production, mainly driven by technology improvements—especially hydraulic fracturing and directional drilling—developed for natural gas production from shale formations. Application of these technologies enabled natural gas to be economically produced from shale and other unconventional formations and contributed to the United States becoming the world’s largest natural gas producer in 2009. Use of these technologies has also contributed to the rise in U.S. oil production over the last few years. In 2009, annual oil production increased...
Israel After the 2015 Elections: What Does Netanyahu's Victory Mean for U.S. Policy?
This report discusses the U.S. policy towards Israel after prime minister Binyamin Netanyahu's victory in 2015 elections.
WTO Doha Round: Implications for U.S. Agriculture
The Doha Round of multilateral trade negotiations, launched in November 2001, has been at an impasse since 2009 and presently shows no signs of restarting, despite an interim agreement reached at the December 2013 Bali Ministerial.
The goal of the Doha Round’s agriculture negotiations is to make progress simultaneously across the three pillars of the World Trade Organization’s (WTO’s) 1994 Agricultural Agreement—domestic support, market access, and export competition—by building on the specific terms and conditions established during the previous Uruguay Round of negotiations. Negotiators...
Agriculture in the WTO: Rules and Limits on Domestic Support
Omnibus U.S. farm legislation—referred to as the farm bill—is renewed every five or six years. Farm income and commodity price support programs have been a part of U.S. farm bills since the 1930s. Each successive farm bill usually involves some modification or replacement of existing farm programs. A key question likely to be asked of every new farm proposal or program is how it will affect U.S. commitments under the World Trade Organization’s (WTO’s) Agreement on Agriculture (AoA) and its Agreement on Subsidies and Countervailing Measures (SCM).
The United States currently is committed,...
Older Americans Act: FY2015 Appropriations Overview
The Older Americans Act (OAA) is the major federal vehicle for the delivery of social and nutrition services for individuals aged 60 and older. These include supportive services, congregate nutrition services (i.e., meals served at group sites such as senior centers, schools, churches, or senior housing complexes), home-delivered nutrition services, family caregiver support, community service employment, the long-term care ombudsman program, and services to prevent the abuse, neglect, and exploitation of older persons. The OAA also supports grants to older Native Americans and research,...
Sick Leave for Federal Employees: In Brief
This brief provides an overview of sick leave for federal employees, including leave options for employees when sick leave has been exhausted. Full-time federal employees can earn up to 104 hours (13 days) of sick leave per year and are entitled to use such leave for four primary reasons: (1) personal medical needs, (2) care of a family member, (3) death of a family member, and (4) adoption of a child.
A federal employee might experience a situation in which he or she does not have enough accrued sick leave to cover a prolonged absence from work for personal or family medical reasons. In...
Deepwater Horizon Oil Spill: Recent Activities and Ongoing Developments
In the wake of the explosion of the Deepwater Horizon offshore drilling rig in the Gulf of Mexico on April 20, 2010, federal agencies, state and local government agencies, and responsible parties faced an unprecedented challenge. An oil discharge continued for 87 days, resulting in the largest ever oil spill in U.S. waters.
Led by the U.S. Coast Guard, response activities were extensive for several years but have diminished substantially:
At the height of operations (summer of 2010), response personnel numbered over 47,000.
As of April 2015, 30 response personnel, including federal...
HIPAA Privacy, Security, Enforcement, and Breach Notification Standards
The Privacy Rule, which was promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, comprises a set of federal standards governing the use of personal health information. The Privacy Rule generally applies to individually identifiable health information created and maintained by payers and providers of health care, collectively referred to as covered entities. The rule establishes certain individual rights, including the right to inspect and obtain a copy of one’s health information; describes the circumstances under which covered entities are...
Attribution in Cyberspace: Challenges for U.S. Law Enforcement
This report discusses criminal attribution in the cyber security realm.
Domestic Human Trafficking Legislation in the 114th Congress
Legislation aimed at combating trafficking in persons (TIP) is a top item on the legislative agenda for the 114th Congress. TIP is of significant interest to the United States as a serious human rights concern, and it is believed to be one of the most prolific areas of contemporary criminal activity. TIP is both an international and domestic crime that involves violations of labor, public health, and human rights standards, as well as criminal law. The Trafficking Victims Protection Act (TVPA)—most recently reauthorized in March 2013 (Title XII of P.L. 113-4)—is the primary law that...
Issues in International Trade: A Legal Overview of Investor-State Dispute Settlement
Ongoing trade negotiations among the United States and several Pacific Rim countries regarding the proposed Trans Pacific Partnership (TPP) agreement and between the United States and the European Union with respect to the proposed Transatlantic Trade and Investment Partnership (T-TIP) agreement have rekindled debate over the value of including investor-state dispute settlement (ISDS) provisions in bilateral investment treaties (BIT) and trade agreements. Congress plays an important role in the approval and implementation of U.S. international investment agreements (IIA), and, therefore,...
FEMA’s Public Assistance Grant Program: Background and Considerations for Congress
The Public Assistance Grant Program (PA Program) is administered by the Federal Emergency Management Agency (FEMA) and combines the authorities of multiple sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended, the Stafford Act). The PA Program is only available for states and communities that have received a major or emergency disaster declaration through the Stafford Act (and in a more limited fashion, Fire Management Assistance Grants). The PA Program provides grant assistance for eligible purposes, including
Emergency work, as...
Housing Issues in the 113th Congress
The 113th Congress was active in considering a number of housing-related issues. In general, these issues can be divided into two broad categories: (1) issues related to homeownership and financing home purchases, and (2) issues related to housing assistance programs for low-income households. Housing assistance for low-income households tends to be primarily, but not exclusively, related to rental housing.
During the 113th Congress, housing and mortgage markets showed some signs of recovering after several years of distress. Nevertheless, several issues that Congress considered were...
2001 Authorization for Use of Military Force: Issues Concerning Its Continued Application
In response to the September 11, 2001, terrorist attacks against the United States, Congress enacted the Authorization for Use of Military Force (2001 AUMF; P.L. 107-40; 50 U.S.C. §1541 note) to authorize the use of military force against those who perpetrated or provided support for the attacks. Under the authority of the 2001 AUMF, U.S. Armed Forces have conducted military operations in Afghanistan since October 2001. As armed conflict against Al Qaeda and the Taliban progressed, and U.S. counterterrorism strategy evolved, U.S. use of military force has expanded outside Afghanistan to...
Congressional Redistricting and the Voting Rights Act: A Legal Overview
The Constitution requires a count of the U.S. population every 10 years. Based on the census, the number of seats in the House of Representatives is reapportioned among the states. Thus, at least every 10 years, in response to changes in the number of Representatives apportioned to it or to shifts in its population, each state is required to draw new boundaries for its congressional districts. Although each state has its own process for redistricting, congressional districts must conform to a number of constitutional and federal statutory standards, including the Voting Rights Act (VRA) of...
Islamic State Financing and U.S. Policy Approaches
Countering the financial resources of the Islamic State, which has seized significant territory in Iraq and Syria and threatened to conduct attacks against the United States and its citizens, has become a significant national security priority for policymakers, including Members of Congress. By undermining the financial strength of the group, also known as ISIL or ISIS, policymakers seek to reduce its capability to conduct terrorist attacks, as well as to ultimately “degrade and ultimately destroy” the group. This effort includes a comprehensive look at how the group generates...
Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
This report is written in response to frequently asked questions (FAQs) about military funeral honors and military cemeteries. It provides information to questions in three general areas: implementation of the funeral honors and eligibility criteria; components of the honor detail and the funeral ceremony; and specific questions on burial and honors at Arlington National Cemetery. It also cites legislation requiring the Department of Defense (DOD) to make military funeral honors available to every eligible veteran upon request.
Food Safety Issues for the 114th Congress
Congress passed comprehensive food safety legislation in December 2010 (FDA Food Safety Modernization Act [FSMA], P.L. 111-353), representing the largest expansion and overhaul of U.S. food safety authorities since the 1930s. FSMA greatly expanded food safety oversight authority at the Food and Drug Administration (FDA), within the U.S. Department of Health and Human Services (HHS), but did not alter oversight authorities within other federal agencies responsible for food safety, such as the U.S. Department of Agriculture (USDA). Given challenges facing FDA in implementing this law and...
IMF Reforms: Issues for Congress
In December 2010, the Board of Governors of the International Monetary Fund (IMF, the Fund), the institution’s highest governing body, agreed to a reform package that addresses two major concerns about the institution: (1) that the size of the IMF’s resources has not kept pace with increased economic activity in the global economy; and (2) that the representation of emerging and developing economies at the IMF does not reflect their growing importance in the global economy. Key parts of the reform package cannot go into effect until a number of IMF countries formally approve the reforms....
Marijuana: Medical and Retail—Selected Legal Issues
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. Four have revenue regimes that allow possession, cultivation, and sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require...
Medicaid Reimbursement Rate Litigation: An Overview of Armstrong v. Exceptional Child Center, Inc.
On March 31, 2015, the Supreme Court decided in Armstrong v. Exception Child Center, Incorporated, that private parties cannot seek an injunction from a federal court to prevent state Medicaid officials from implementing a state plan that may violate Medicaid’s equal access requirement under federal law.
Medicaid is a cooperative federal-state program through which the federal government provides financial assistance to states for medical care and other services for poor, elderly, and disabled individuals. States have considerable discretion in administering their Medicaid program, which...
Premium Tax Credits and Federal Health Insurance Exchanges: Questions and Answers
Legal challenges that may have a substantial impact on the implementation and operation of the Patient Protection and Affordable Care Act (ACA) concern whether premium tax credits are available for millions of individuals participating in federally administered health insurance exchanges. These credits, which became available in 2014, are intended to help individuals pay the premiums for private health plans offered through the insurance exchanges established under the act. In addressing who may receive this credit, ACA refers to individuals who are “enrolled in [a plan] through an...
Marijuana: Medical and Retail—An Abbreviated View of Selected Legal Issues
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. Four have revenue regimes that allow possession, cultivation, and sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require...
Science and Technology Issues in the 114th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The constantly changing nature and ubiquity of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement directly by funding research and development and indirectly by creating...
Ethics and conflict of interest concerns have been raised concerning the impartiality or bias of government regulators or administrators who, shortly before entering government service, represented, owned, were employed by, or were given large cash payments or “rewards” by private firms or other entities that such officials must now regulate and oversee. Federal conflict of interest law and regulation, for the most part, deal with the potential influence of existing financial assets, properties, and relationships of a federal official. There are, however, some limited conflict of interest...
Same-Sex Marriage: A Legal Overview
Same-sex marriage has engendered heated debate throughout the country. There is no federal same-sex marriage prohibition after the Supreme Court’s decision in United States v. Windsor, which struck down the portion of the Defense of Marriage Act that defined marriage as a union between a man and a woman. However, many states have passed statutes or constitutional amendments that prohibit same-sex couples from marrying, and that deny recognition of same-sex marriages that were legally formed in other states. These state same-sex marriage bans may impact gay individuals’ rights and claims to...
Brokers and dealers and investment advisers have been held to different standards of conduct in their dealings with investors. In very general terms, a broker-dealer is held to a suitability standard, and an investment adviser is held to a fiduciary duty standard. With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203), which tasks the Securities and Exchange Commission (SEC) with issuing rules concerning the standards of conduct for brokers, dealers, and investment advisers, the current standards may be changed.
The Financial Industry Regulatory...
Joint Employers and the National Labor Relations Act
This report examines the standard used currently by the National Labor Relations Board (“Board”) to determine whether two businesses may be considered joint employers for purposes of the rights and protections afforded by the National Labor Relations Act (“NLRA”). In a June 2014 amicus brief filed with the Board, the Board’s General Counsel encouraged the adoption of a new joint employer standard that would consider the totality of the circumstances, including how the alleged joint employers have structured their commercial relationship. Following the filing of the amicus brief, the...
Ballistic Missile Defense in the Asia-Pacific Region: Cooperation and Opposition
The growing number and modernization of ballistic missiles in the Asia-Pacific region poses a security challenge for the United States and its allies and is thus a concern for many in Congress. The United States has made ballistic missile defense (BMD) a central component of protection for forward-deployed U.S. forces and extended deterrence for allied security. The configuration of sensors, command-and-control centers, and BMD assets in the region has slowly evolved with contributions from treaty allies, primarily Japan, Australia, and South Korea.
Observers believe that North Korea has...
The report describes the expired eligibility criteria, as well as the types of health insurance to which the tax credit may have been applied. It discusses past federal and state roles in administering the HCTC program, and it summarizes analyses on the credit's effectiveness in reaching targeted populations and related equity and efficiency issues. In addition, the report includes a short discussion of relevant current law and summarizes statutory history of the HCTC program.
Rail Safety Efforts Miss Leading Cause of Fatalities
This report briefly discusses the debate over the reauthorization of the Rail Safety Improvement Act of 2008 (RSIA08; P.L. 110-432). Congress is focusing on steps to prevent train derailments and collisions. Such incidents often receive extensive publicity and cause harm to bystanders, such as the residents of Mount Carbon, West Virginia, who were forced to evacuate after a train carrying crude oil derailed and burned on February 16, 2015.
Status of a Senator Who Has Been Indicted for or Convicted of a Felony
There are no federal statutes or Rules of the Senate that directly affect the status of a Senator who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, nor the Rules of the Senate upon an indictment. Under the Rules of the Senate, therefore, an indicted Senator may continue to participate in congressional proceedings and considerations. Under the United States Constitution, a person under indictment is not disqualified from being a Member of or a candidate for reelection to Congress. Internal party rules in...
SAMHSA FY2016 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities, such as technical assistance, data collection,...
Keystone XL Pipeline: Overview and Recent Developments
TransCanada’s proposed Keystone XL Pipeline would transport oil sands crude from Canada and shale oil produced in North Dakota and Montana to a market hub in Nebraska for further delivery to Gulf Coast refineries. The pipeline would consist of 875 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day. Because it would cross the Canadian-U.S. border, Keystone XL requires a Presidential Permit from the State Department based on a determination that the pipeline would “serve the national interest.” To make its national interest determination (NID), the department...
Labor, Health and Human Services, and Education: FY2015 Appropriations
This report provides an overview of actions taken by Congress and the President to provide FY2015 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED) appropriations bill. This bill provides funding for all accounts subject to the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Domestic Drones and Privacy: A Primer
It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or “drones,” into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not...
Cyberwarfare and Cyberterrorism: In Brief
Recent incidents have highlighted the lack of consensus internationally on what defines a cyberattack, an act of war in cyberspace, or cyberterrorism. Cyberwar is typically conceptualized as state-on-state action equivalent to an armed attack or use of force in cyberspace that may trigger a military response with a proportional kinetic use of force. Cyberterrorism can be considered “the premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar...
Reaching the Debt Limit: Background and Potential Effects on Government Operations
The gross federal debt, which represents the federal government’s total outstanding debt, consists of (1) debt held by the public and (2) debt held in government accounts, also known as intragovernmental debt. Federal government borrowing increases for two primary reasons: (1) budget deficits and (2) investments of any federal government account surpluses in Treasury securities, as required by law. Nearly all of this debt is subject to the statutory limit.
Treasury has yet to face a situation in which it was unable to pay its obligations as a result of reaching the debt limit. In the...
Status of the Federal Perkins Loan Program: Frequently Asked Questions
The Federal Perkins Loan program authorizes the allocation of federal funds to institutions of higher education to assist them in capitalizing revolving loan funds for the purpose of making low-interest loans to students with exceptional financial need. Institutions participating in the program are required to provide matching funds equal to one-third of the federal funds they receive. Authorization of appropriations for the Perkins Loan program is due to expire at the end of FY2015, and the future operation of the program is uncertain. This report answers several frequently asked...
Health Care-Related Expiring Provisions, First Session of the 114th Congress
This report provides a list of selected health-related programs and activities under specified titles of the Social Security Act (SSA), including the Maternal and Child Health Services Block Grant (Title V), General Provisions, Peer Review, and Administrative Simplification (Title XI), Medicare (Title XVIII), Medicaid (Title XIX), and the State Children’s Health Insurance Program (CHIP; Title XXI); the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended); as well as selected provisions from the Public Health Service Act (PHSA) that are scheduled to terminate during...
The Budget Control Act of 2011: Legislative Changes to the Law and Their Budgetary Effects
Congressional Research Service 7-5700 www.crs.gov R43411 Summary Following a lengthy debate over raising the debt limit, the Budget Control Act of 2011 (BCA; P.L. 112-25) was signed into law by President Obama on August 2, 2011. In addition to including a mechanism to increase the debt limit, the BCA contained provisions intended to reduce the budget deficit through spending limits and reductions. The savings in the BCA are achieved mainly through two mechanisms: (1) statutory discretionary spending caps covering 10 years that came into effect in 2012 and (2) a requirement for an...
The federal government plays a role in the management of sex offenders. In a law enforcement capacity, it enforces federal laws involving sexual abuse, online predatory offenses, or other related federal crimes. In addition, Congress has enacted legislation that encourages the development of state sex offender registries, urges states to punish recalcitrant sex offenders, and induces state and local law enforcement to make certain information on sex offenders public, and has taken other steps involving the registration of sex offenders and notification of the community. Federal legislation...
Seventh Summit of the Americas: In Brief
On April 10-11, 2015, President Obama is scheduled to attend the seventh Summit of the Americas in Panama City, Panama. The Summits of the Americas, which have been held roughly every three years since 1994, serve as opportunities for the Western Hemisphere’s leaders to engage directly with one another and discuss issues of collective concern. With Cuba expected to attend for the first time in 2015, the Summit of the Americas will be the only forum in the hemisphere that includes all 35 independent nations. The theme of the 2015 summit is “Prosperity with Equity: The Challenge of...
Congress currently appropriates foreign affairs funding through annual Department of State, Foreign Operations, and Related Programs appropriations. Prior to FY2008, however, Congress provided funds for the Department of State and international broadcasting within the Commerce, Justice, and State, the Judiciary, and Related Agencies appropriations (CJS) and separately provided foreign aid funds within Foreign Operations, Export Financing, and Related Programs appropriations. The transition between the different alignments occurred in the 109th Congress with a change in appropriations...
Terrorist Attack in Tunis: Implications
This report briefly discusses the implications of the March 18 terrorist attack in Tunis which killed at least 20 foreign tourists visiting the national Bardo Museum, along with a Tunisian police officer.
Social Security and Same-Sex Marriage: Frequently Asked Questions
In United States v. Windsor, the U.S. Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, finding, in part, that it violated the Constitution’s equal protection and substantive due process guarantees. Section 3 had required that marriage be defined as the union of one man and one woman for the purpose of federal enactments. According to the court, federal statutes that refer to a marriage for federal purposes should be interpreted as applying equally to married same-sex couples. The Court did not address Section 2 of DOMA, which allows individual...
The Trans-Pacific Partnership (TPP) Negotiations and Issues for Congress
The Trans-Pacific Partnership (TPP) is a proposed regional free trade agreement (FTA) being negotiated among the United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. U.S. negotiators and others describe and envision the TPP as a “comprehensive and high-standard” FTA that aims to liberalize trade in nearly all goods and services and include rules-based commitments beyond those currently established in the World Trade Organization (WTO). The broad outline of an agreement was announced on the sidelines of the Asia-Pacific...
Proposals to Reduce Premium Subsidies for Federal Crop Insurance
Congressional Research Service 7-5700 www.crs.gov R43951 Summary Many farm policymakers generally consider the federal crop insurance program as the principal tool to help farmers cope with the variable impact of weather on crop yields. The program makes available subsidized policies that farmers may purchase each year to protect against yield and/or revenue declines during a particular growing season. Policies are available for about 130 commodities, covering crops supported by traditional farm programs (e.g., corn, wheat, and soybeans) as well as many fruits, vegetables, tree nuts,...
China's Mineral Industry and U.S. Access to Strategic and Critical Minerals: Issues for Congress
China is the world’s leading producer and consumer of many minerals and metals that are in high demand in the United States and on which the United States is highly import dependent. In the near future, China anticipates rapid urbanization, a rising middle class, and increased product manufacturing of high-value, high-quality goods and increased consumption. As China pursues this development path, will adequate supplies of critical and strategic raw materials and metals be available to the U.S. economy from reliable suppliers? Is there a possibility of material shortfalls? If China uses...
Designating Systemically Important Financial Institutions (SIFIs)
This report briefly discusses congressional concerns regarding the Financial Stability Oversight Council's (FSOC) authorization to designate certain non-bank entities as Systemically Important Financial Institutions (SIFI).
This is the first Quadrennial Energy Review (QER) report with focus on U.S. energy infrastructure, specifically transmission, storage, and distribution (TS&D), looking out to 2030.
International Drug Control Policy: Background and U.S. Responses
The global illegal drug trade represents a multi-dimensional challenge that has implications for U.S. national interests as well as the international community. Common illegal drugs trafficked internationally include cocaine, heroin, and methamphetamine. According to the U.S. intelligence community, international drug trafficking can undermine political and regional stability and bolster the role and capabilities of transnational criminal organizations in the drug trade. Key regions of concern include Latin America and Afghanistan, which are focal points in U.S. efforts to combat the...
The Tip Credit Provisions of the Fair Labor Standards Act (FLSA): In Brief
The Fair Labor Standards Act (FLSA), enacted in 1938 (P.L. 75-718), is the federal legislation that establishes the general minimum wage that must be paid to all covered workers. In 1966, Congress amended the FLSA to add a “tip credit” provision to the minimum wage provisions. These amendments, which apply to “tipped workers,” do not change the guaranteed minimum wage of $7.25 per hour but they allow a combination of earnings from employer cash wages and employee tips to equal the federal minimum wage (currently $7.25 per hour). That is, the “credit” is the amount from employee tips that...
Energy Tax Incentives: Measuring Value Across Different Types of Energy Resources
The U.S. tax code supports the energy sector by providing a number of targeted tax incentives, or tax incentives only available for the energy industry. As Congress evaluates the tax code and contemplates tax reform, there has been interest in understanding how energy tax benefits are distributed across different domestic energy resources. For example, what percentage of energy-related tax benefits support fossil fuels (or support renewables)? How much domestic energy is produced using fossil fuels (or produced using renewables)? And how do these figures compare?
In 2013, the value of...
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (ACA) in 2015
New federal tax credits, authorized under the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), first became available in 2014 to help certain individuals pay for health insurance. The tax credits apply toward premiums for private health plans offered through exchanges (also referred to as health insurance marketplaces). The ACA also established subsidies to reduce cost-sharing expenses.
Health insurance exchanges operate in every state and the District of Columbia (DC), per the ACA statute. Exchanges may be established and administered by states, the federal...
FY2015 Funding to Counter Ebola and the Islamic State (IS)
In 2014, two major global threats—the Ebola outbreak in West Africa and the Islamic State (IS) in the Middle East—caused serious concern within the Obama Administration and among Members of Congress. In November 2014, the President requested a total of $11.7 billion for responding to the Ebola crisis and combatting the Islamic State.
On November 5, 2014, the President requested $6.18 billion in FY2015 emergency appropriations for Health and Human Services (HHS), the Department of State and international assistance programs, and DOD to address the Ebola crisis domestically and overseas. The...
Federal spending is divided into three broad categories: discretionary spending, mandatory spending, and net interest. Mandatory spending is composed of budget outlays controlled by laws other than appropriation acts, including federal spending on entitlement programs. Entitlement programs such as Social Security and Medicare make up the bulk of mandatory spending. Other mandatory spending programs include Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), unemployment insurance, some veterans’ benefits, federal employee retirement and disability, and...
This report provides brief answers to frequently asked questions about increased campaign contribution limits in the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; P.L. 113-235), enacted and signed into law in December 2014. The relevant language increases certain contribution limits to national political party committees. This language changes the amounts the two major parties may solicit and collect.
Most notably, three units within each of the national Democratic and Republican parties could be affected. These include a headquarters committee (e.g., the...
EPA’s Proposed Clean Power Plan: Conversion to Mass-Based Emission Targets
The Environmental Protection Agency (EPA) proposed a rule in June 2014 that would require states to address carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. The proposal would create CO2 emission rate goals—measured in pounds of CO2 emissions per megawatt-hour (MWh) of electricity generation—for each state to achieve by 2030 and an interim goal in 2029, based on the average of a state’s emission rates between 2020 and 2029.
EPA’s proposal would allow a state to establish its emission reduction requirements by converting the interim (2029) and final...
Cybersecurity and Information Sharing: Legal Challenges and Solutions
Over the course of the last year, a host of cyberattacks has been perpetrated on a number of high profile American companies. The high profile cyberattacks of 2014 and early 2015 appear to be indicative of a broader trend: the frequency and ferocity of cyberattacks are increasing, posing grave threats to the national interests of the United States. While considerable debate exists with regard to the best strategies for protecting America’s various cyber-systems and promoting cybersecurity, one point of general agreement amongst cyber-analysts is the perceived need for enhanced and timely...
As part of its civil works mission, the U.S. Army Corps of Engineers manages water resource projects. Areas behind and below Corps dams and around Corps locks, levees, and waterways are popular recreation sites, attracting 370 million visits annually. Corps projects are some of the most densely used federal recreation sites. Title 36, Section 327, of the Code of Federal Regulations sets out the regulations for public use of Corps projects. Section 327.13 generally prohibits possession of loaded firearms by private (i.e., non-law enforcement) individuals at Corps-administered projects...
Homeland Security Appropriations: FY2015 Action in the 114th Congress
This report provides a brief outline of the FY2015 annual appropriations measure for the Department of Homeland Security (DHS) and its enactment by the 114th Congress. It serves as a complement to CRS Report R43796, Department of Homeland Security: FY2015 Appropriations.
The Administration requested $38.3 billion in adjusted net discretionary budget authority for DHS for FY2015. In the 113th Congress, the House Appropriations Committee reported an annual appropriations measure (H.R. 4903) that would have provided $39.2 billion in adjusted net discretionary budget authority, and the Senate...
Freight Infrastructure Issues in Surface Transportation Reauthorization
Goods movement has increased substantially over the past few decades as the economy and global trade have expanded. Freight transportation demand in tandem with passenger-side demand has caused congestion in many parts of the transportation system, resulting in slower and less reliable freight movement. Also, the condition and performance of freight infrastructure play considerable roles in the efficiency of the freight system and, therefore, are likely to be of significant congressional concern in the reauthorization of the surface transportation program that is currently authorized...
The Sustainable Growth Rate (SGR) and Medicare Physician Payments: Frequently Asked Questions
This report responds to frequently asked questions about the Sustainable Growth Rate (SGR) system for updating Medicare physician fee schedule payments (MPFS) and the recent legislative efforts to repeal and replace the SGR. Frequently asked questions address the background of the SGR, the need for congressional overrides (also referred to as “doc fixes”), and current legislative activity.
For additional information, see CRS Report R40907, Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System, by Jim Hahn.
Offices and Officials in the Senate: Roles and Duties
Article I, Section 3, clause 5 of the United States Constitution authorizes the Senate to choose its own officers, but does not specify their titles, roles, or duties.
This report provides a brief overview of the Senate’s elected and appointed administrative officers and officials, including their authorities, history, and main responsibilities. These officers and officials include the Secretary of the Senate, Sergeant at Arms, Chaplain, Secretary for the Majority, Secretary for the Minority, Legal Counsel, Legislative Counsel, and Parliamentarian.
Balancing Tourism against Terrorism: The Visa Waiver Program
This report briefly discusses Congress's concern that some foreign fighters might exploit the Visa Waiver Program (VWP) to enter the United States and commit acts of terrorism. The VWP allows eligible visitors from 38 European nations and a few prosperous Asia-Pacific countries to enter the United States for short business or leisure stays without first obtaining a visa from a U.S. consulate abroad.
U.S.-EU Cooperation on Ukraine and Russia
This report briefly discusses U.S.-EU responses to the Ukrainian conflict, specifically focusing on the possible expansion of sanctions against Russia.
Medal of Honor Recipients in the 113th Congress: A Fact Sheet
This fact sheet lists names of recipients of the Congressional Medal of Honor, the highest award for valor, awarded during the 113th Congress. Previous congressional use of the information contained in this fact sheet has included examinations of legislative measures that have waived or accelerated timeline reviews for potential Medal of Honor recipients. The material has been used in speeches, including Memorial and Veterans Day holiday observations.
Terms for metadata: Congressional Medal of Honor, Date of Issue, MOH Home of Record, Medal of Honor, General Orders Congressional Medal of...
Dominican Republic: Background and U.S. Relations
The Dominican Republic, a country of roughly 10.3 million people that shares the Caribbean island of Hispaniola with Haiti, is a close U.S. trade partner and political ally in Latin America. The United States is the Dominican Republic’s main trading partner, with two-way trade totaling more than $12.5 billion in 2014. In addition to trade, U.S. interest in the Dominican Republic has recently focused on anti-drug cooperation and governance/human rights issues, particularly as they relate to Haiti. U.S.-Dominican cooperation on bilateral and regional issues intensified during Leonel...
The European Capital Markets Union
This report briefly discusses the implications of the European Commission's recently drafted proposal for a Capital Markets Union (CMU) to complement its current efforts to create a Banking Union. The CMU is intended to strengthen capital markets in the 28-member European Union (EU) in order to provide a viable alternative to the current bank-centered funding model commonly used by European firms.
Community Development Block Grants: Funding Issues in the 113th Congress
On March 4, 2014, the Obama Administration released its FY2015 budget request, which included $2.870 billion for activities under the Community Development Fund (CDF) administered by the Department of Housing and Urban Development (HUD), including $2.8 billion for formula grants. On June 5, 2014, the Senate Appropriations Committee reported S. 2438, its version of the Departments of Transportation, and Housing and Urban Development, and Independent Agencies Appropriations Bill for FY2015 (THUD), which recommended $3.090 billion for activities funded under the Community Development Fund...
Recess Appointments: Frequently Asked Questions
Under the Constitution (Article II, §2, clause 2), the President and the Senate share the power to make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. Generally, the President nominates individuals to these positions, and the Senate must confirm them before he can appoint them to office. The Constitution also provides an exception to this process. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval (Article II, §2, clause 3)....
Conducting Foreign Relations Without Authority: The Logan Act
The Logan Act, codified at 18 U.S.C. § 953, states:
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign...
The No Child Left Behind Act of 2001 (NCLB) established minimum qualifications for paraprofessionals (also known as instructional aides) employed in Title I, Part A-funded schools. NCLB required that paraprofessionals must complete two years of college, obtain an associate’s degree, or demonstrate content knowledge and an ability to assist in classroom instruction. Prior to the NCLB, the Elementary and Secondary Education Act of 1965 (ESEA) required only that paraprofessionals possess a high school diploma.
These requirements, as enacted through NCLB, apply to all paraprofessionals...
Veterans’ Medical Care: FY2015 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). This report focuses on funding for the VHA. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans...
Issues in the Reauthorization of Amtrak
Amtrak is the nation’s primary provider of intercity passenger rail service. It was created by Congress in 1970 to preserve some level of intercity passenger rail service while enabling private rail companies to exit the money-losing passenger rail business. It is a quasi-governmental entity, a corporation whose stock is almost entirely owned by the federal government. It runs a deficit each year. Congressional appropriations cover about half its total loss, and represent essentially all of its funding for capital maintenance and improvements.
Amtrak can be divided into three parts. There...
The Attack Against the U.S. Ambassador to South Korea
This report briefly discusses the March 5 knife attack on U.S. Ambassador to South Korea Mark Lippert.
Federal Employees’ Retirement System: The Role of the Thrift Savings Plan
Federal employees participate in one of two retirement systems. The Civil Service Retirement System (CSRS) was established in 1920 and covers only employees hired before 1984. Participants in the CSRS do not pay Social Security payroll taxes and they do not earn Social Security benefits. For a worker retiring after 30 years of federal service, a CSRS annuity will be equal to 56.25% of the average of his or her highest three consecutive years of basic pay.
The Social Security Amendments of 1983 (P.L. 98-21) required federal employees hired after 1983 to participate in Social Security....
Congressional Action on FY2015 Appropriations Measures
The congressional appropriations process, which provides discretionary spending for federal government agencies, assumes the annual enactment of 12 regular appropriations bills prior to the beginning of the fiscal year (October 1). One or more continuing resolutions (CRs) may be enacted if all regular appropriations bills are not completed by that time. This report provides information on the budget enforcement framework for the consideration of FY2015 appropriations measures, the status of the FY2015 regular appropriations bills as of the beginning of the fiscal year, and the enactment of...
The selection and confirmation process for U.S. circuit and district court judges is of continuing interest to Congress. Recent Senate debates over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama’s nominees in gaining Senate confirmation compared with other recent Presidents, as well as the time from nomination to confirmation for nominees, and the relative prevalence of vacant judgeships compared to years past. This report addresses these issues, and others, by providing a statistical analysis of nominations to U.S. circuit and...
President’s FY2016 Budget: Centers for Medicare & Medicaid Services (CMS) Legislative Proposals
Federal law requires the President to submit an annual budget request to Congress no later than the first Monday in February. The budget informs Congress of the President’s overall federal fiscal policy based on proposed spending levels, revenues, and deficit (or surplus) levels. The budget request lays out the President’s relative priorities for federal programs, such as how much should be spent on defense, education, health, and other federal programs. The President’s budget also may include legislative proposals for spending and tax policy changes. While the President is not required to...
Health Care for Veterans: Traumatic Brain Injury
In recent years, Congress, the Department of Defense (DOD), and the Department of Veterans Affairs (VA) have increased attention to traumatic brain injury (TBI), which is known as a “signature wound” of Operations Enduring Freedom and Iraqi Freedom (OEF/OIF). Although the early stages of TBI treatment may occur within the military health care system (if the injury occurs during military service), this report focuses on the VA health care system. In FY2015, VA spending for TBI is estimated to be $234 million. The VA projects the 10-year (FY2016–FY2025) costs of TBI to be $2.2 billion...
Nigeria’s 2015 Elections and the Boko Haram Crisis
In early February, the Nigerian government controversially delayed its scheduled elections by six weeks, to March 28, based on security concerns, drawing criticism from the political opposition and the Obama Administration, among others. The delay has heightened concerns about tensions around the polls and raised questions about alleged political interference in the electoral process. Two weeks prior to the delay, in late January, Secretary of State John Kerry traveled to Nigeria to stress U.S. views about the importance of the elections, and to extend condolences to the families of...
Each year, Congress considers appropriations measures that provide funding for various federal government activities. Such measures are commonly referred to as “regular” appropriations bills. In recent years, the House has typically considered a regular appropriations bill after first reaching agreement on the procedural terms of its consideration, most frequently through the adoption of a special rule or occasionally through a unanimous consent agreement (UCA). Rarely have regular appropriations bills been considered as privileged business.
This report examines the terms under which the...
Child Welfare: Title IV-E Proposals in the President’s FY2016 Budget
Under Title IV-E of the Social Security Act, states are entitled to open-ended reimbursement for the cost of providing foster care, adoption assistance, and (in states that choose to provide it) kinship guardianship assistance. Additional mandatory funding is available, on a capped basis, for services to youth who “age out” of foster care, or are expected to, and for Tribal Title IV-E plan development and technical assistance. Each year the President’s budget estimates the amount of funding necessary to meet federal commitments under Title IV-E based on current law and, if included in the...
The Elementary and Secondary Education Act (ESEA) was last amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 114th Congress, the House Education and the Workforce Committee considered and reported the Student Success Act (H.R. 5), a bill that would reauthorize the ESEA. H.R. 5 would make several changes to current law, but one issue that has attracted substantial congressional interest is a new option that would be available to states for distributing funds available under Title I-A of the ESEA to local educational agencies (LEAs) and schools. In H.R. 5, this...
Veterans’ Benefits: The Impact of Military Discharges on Basic Eligibility
The Department of Veterans Affairs (VA) offers a broad range of benefits to veterans of the U.S. Armed Forces and to certain members of their families; however, a claimant must meet the basic eligibility criteria. A benefit claimant must prove that he or she meets the statutory definition of a “veteran,” which includes (1) service in the active military (i.e., Army, Navy, Air Force, Marine Corps, Coast Guard) or commissioned officers of the Public Health Service (PHS), and National Oceanic and Atmospheric Administration (NOAA); (2) minimum length of service requirements; and (3) discharge...
The Federal Budget: Overview and Issues for FY2016 and Beyond
Congressional Research Service 7-5700 www.crs.gov R43933 Summary The federal budget is central to Congress’s ability to exercise its “power of the purse.” Each fiscal year Congress and the President undertake a variety of steps intended to set levels of spending and revenue and to make policy decisions. The purpose of this report is to provide an overview and background on the current budget debate. This report will track legislative events related to the federal budget and will be updated as budgetary legislation moves through Congress. In recent years, policies enacted to restrain...
Internet Domain Names: Background and Policy Issues
Navigating the Internet requires using addresses and corresponding names that identify the location of individual computers. The Domain Name System (DNS) is the distributed set of databases residing in computers around the world that contain address numbers mapped to corresponding domain names, making it possible to send and receive messages and to access information from computers anywhere on the Internet. Many of the technical, operational, and management decisions regarding the DNS can have significant impacts on Internet-related policy issues such as intellectual property, privacy,...
For decades, federal policymakers and state administrators of governmental assistance programs, such as the Temporary Assistance for Needy Families (TANF) block grants (formerly Aid to Families with Dependent Children (AFDC)), the Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), the Section 8 Housing Choice Voucher program, and their precursors, have expressed concern about the “moral character” and worthiness of beneficiaries. For example, the Anti-Drug Abuse Act of 1988 made individuals who have three or more convictions for certain drug-related offenses...
Information Warfare: The Role of Social Media in Conflict
This report briefly discusses the use if social media as a tool of information warfare. The ability to rapidly disseminate graphic images and ideas to shape the public narrative transforms social media into a strategic weapon in the hands of terrorists, insurgent groups, or governments engaged in conflict.
Food Safety Issues: FDA Judicial Enforcement Actions
The U.S. Food and Drug Administration (FDA) has a statutory mission to ensure the safety of all food except for meat, poultry, and certain egg products over which the U.S. Department of Agriculture (USDA) has regulatory oversight. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the FDA has the authority to regulate the manufacturing, processing, and labeling of food, with the primary goal of promoting food safety.
Congress has vested the FDA with the authority to take both administrative and judicial enforcement actions. The agency initiates and carries out administrative...
Many Aspects of the Affordable Care Act Would Not Be Affected by King v. Burwell
This report briefly discusses the possible effects of the King v. Burwell case on the Affordable Care Act (ACA) law. The case examines whether or not the ACA allows the IRS to make premium tax credits available to residents of states that decline to establish health insurance exchanges.
Genetic Testing: Background and Policy Issues
Congress has considered, at various points in time, numerous pieces of legislation that relate to genetic and genomic technology and testing. These include bills addressing genetic discrimination in health insurance and employment; precision medicine; the patenting of genetic material; and the oversight of clinical laboratory tests (in vitro diagnostics), including genetic tests. The focus on these issues signals the growing importance of public policy issues surrounding the clinical and public health implications of new genetic technology. As genetic technologies proliferate and are...
Foreign Heads of State Addressing Congress
This report discusses the historical precedent for an addresses Israeli Prime Minister Benjamin Netanyahu made before a joint meeting of Congress on March 3, 2015.
Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress
The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top-Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment,...
Medicare Advantage—Proposed Benchmark Update and Other Adjustments for CY2016: In Brief
SUMMARY TO BE SUPPRESSED]
Medicare Advantage MA Part C Advance notice of methodological changes for CY 2016 Capitation Rates, AHIP Benchmark Bid National Per Capita MA Growth Percentage US Per Capita Cost Growth Percentage USPCC, NPCMAGP payments quality bonus payment demonstration applicable amount specified amount Affordable Care Act phase-in to new benchmark coding pattern differences normalization ACA
On November 20, 2014, President Obama announced his Immigration Accountability Executive Action which would revise some U.S. immigration policies and initiate several programs, including a revised border security policy for the Southwest border; deferred action programs for some unauthorized aliens; revised interior enforcement priorities; changes to aid the entry of skilled workers; promoting immigrant integration and naturalization; and several other initiatives the President indicated would improve the U.S. immigration system. The most controversial among these provisions would grant...
Anthem Data Breach: How Safe Is Health Information Under HIPAA?
This report discusses the implications of the recent data breach at Anthem Inc., which raised new concerns about the vulnerability of electronic health information. Security experts question whether the Health Insurance Portability and Accountability Act (HIPAA) privacy and security standards are sufficiently protective of sensitive patient information.
Enforcement of Congressional Rules of Conduct: A Historical Overview
The Constitution vests Congress with broad authority to discipline its Members. Only since 1967, however, have both houses established formal rules of conduct and disciplinary procedures whereby allegations of illegal or unethical conduct may be investigated and punished.
In 1964, the Senate established its first permanent ethics committee, the Select Committee on Standards and Conduct, which was renamed the Select Committee on Ethics in 1977. In 1967, the House first established a permanent ethics committee, the Committee on Standards of Official Conduct, which was renamed the Committee...
Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses
Congress has generally broad authority to impose requirements upon the federal procurement process (i.e., the process whereby agencies obtain supplies and services from the private sector). One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with “small businesses” by federal agencies. Among other things, these measures (1) declare a congressional policy of ensuring that a “fair proportion” of federal contract and subcontract dollars are awarded to small businesses; (2) establish government-wide and...
Climate Change Adaptation by Federal Agencies: An Analysis of Plans and Issues for Congress
Though Congress has debated the significance of global climate change and what federal policies, if any, should address them, the Government Accountability Office (GAO) since 2013 has identified the changing climate as one of the 30 most significant risks facing the federal government. President Obama established adaptation as a prominent part of his Climate Action Plan in June 2013. The November 2013 Executive Order 13653, Preparing the United States for the Impacts of Climate Change, directed agencies to undertake vulnerability assessments and planning for adaptation. The Administration...
Number of African American Judges Reaches All-Time High; Do Issues Remain?
This report provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
Teacher Quality Issues in the Elementary and Secondary Education Act
One of the major goals of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110), is to raise the achievement of students who currently fail to meet grade-level proficiency standards. Because student achievement is widely believed to depend largely on the quality of instruction, the law also contains provisions designed to improve teacher quality. These provisions establish professional credentials for teachers and charge states and school districts with developing plans to improve teacher quality. According to the...
Environmental Protection Agency (EPA): FY2015 Appropriations
Enacted on December 16, 2014, Title II of Division F of the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235; H.R. 83) provided $8.14 billion for the Environmental Protection Agency (EPA) for FY2015. The act appropriated funding for the full fiscal year through September 30, 2015, for 11 of the 12 regular appropriations acts, including “Interior, Environment, and Related Agencies,” under which EPA is funded. Total discretionary appropriations available in FY2015 for all federal departments and agencies were based on a cap of $1.014 trillion set in the Bipartisan...
USCIS Funding and Accountability to Congress
This report briefly discusses funding for U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS). USCIS handles many immigration administration functions, the most prominent of which is processing and adjudicating immigrant petitions and applications.
Commerce, Justice, Science, and Related Agencies: FY2015 Appropriations
This report tracks and describes actions taken by the Administration and Congress to provide FY2015 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2014 appropriations for agencies and bureaus funded as a part of the annual appropriation for CJS.
The annual CJS appropriations act provides funding for the Departments of Commerce and Justice, the science agencies, and several related agencies. Appropriations for the Department of Commerce include funding for agencies such as the Census Bureau; the U.S. Patent and...
Bee Health: The Role of Pesticides
Over the past few decades there has been heightened concern about the plight of honey bees as well as other bee species. Given the importance of honey bees and other bee species to food production, many have expressed concern about whether a “pollinator crisis” has been occurring in recent decades. Although honey bee colony losses due to bee pests, parasites, pathogens, and disease are not uncommon, there is the perception that bee health has been declining more rapidly than in prior years, both in the United States and globally. This situation gained increased attention in 2006 as some...
U.S. Citizens Kidnapped by the Islamic State
This report briefly examines the kidnapping and killing of U.S. citizens by the terrorist group known as the Islamic State (IS).
The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures that, according to the Legislative Information System of the U.S. Congress, received action on the House floor in the...
Veterans’ Benefits: Dependency and Indemnity Compensation (DIC) for Survivors
The Department of Veterans Affairs (VA) administers directly, or in conjunction with other federal agencies, programs that provide benefits and other services to veterans and their spouses, dependents, and beneficiaries.
One of the benefits that VA administers is Dependency and Indemnity Compensation (DIC) for survivors of certain servicemembers and veterans. DIC is a monthly tax-free cash payment to survivors and dependents of servicemembers killed while on active military duty and those of certain veterans. Survivors of veterans who die from service-related conditions are eligible for...
Department of Housing and Urban Development: FY2015 Appropriations
In FY2015, the Department of Housing and Urban Development was funded as part of the FY2015 Consolidated and Further Continuing Appropriations Act (P.L. 113-235), enacted on December 16, 2014, following funding through three short-term continuing resolutions. The bill provides $45.4 billion in gross discretionary appropriations, not accounting for savings from offsets and other sources, about $90 million less than in FY2014 ($45.5 billion). However, net budget authority is higher than in FY2014, approximately $35.6 billion in FY2015 compared to $32.8 billion in FY2014. Net budget authority...
Water Resource Issues in the 114th Congress
The 114th Congress faces many water resource development, management, and protection issues. Congressional actions shape reinvestment in aging federal infrastructure (e.g., dams, locks, and levees) and federal and nonfederal investment in new infrastructure, such as water supply augmentation, hydropower projects, navigation improvements, and efforts to restore aquatic ecosystems. These issues often arise at the regional or local levels but frequently have a federal connection. Ongoing issues include competition over water, drought and flood responses and policies, competitiveness and...
Yemen: Background and U.S. Relations
This report provides an overview and analysis of U.S.-Yemeni relations amidst evolving political change in Yemeni leadership, ongoing U.S. counterterrorism operations against Al Qaeda in the Arabian Peninsula (AQAP) operatives in Yemen’s hinterlands, and international efforts to bolster the country’s stability despite an array of daunting socio-economic problems. Along with determining how best to counter terrorist threats emanating from Yemen, Congress and U.S. policy makers also may consider the priority level and resources that should be accorded to attempts to stabilize Yemen and to...
The Swiss National Bank's Recent Currency Actions
This report presents the foreign exchange value of the Swiss franc relative to the euro and dollar.
The Measles: Background and Federal Role in Vaccine Policy
The earliest accounts of measles date back over 1,000 years. This report presents basic information about this infectious disease, its history in the United States, available treatments to prevent individuals from contracting measles, and the federal role in combatting measles—from funding, to research, to the authority of the federal government in requiring mandatory childhood vaccinations. The report provides additional resources for information on measles and recommendations for vaccination against the disease.
According to the U.S. Centers for Disease Control and Prevention (CDC),...
House Committee Reports: Required Contents
House rules and statutes detail several substantive requirements for items to be included in reports accompanying bills reported from committees, as noted in the following table. For example, most committee reports explain a bill’s purpose and the need for the legislation, its cost, the committee votes on amendments and the measure itself, the position of the executive branch, and the specific changes the bill would make in existing law. Not all requirements are applicable to all committees or in all circumstances. There is also no prescribed order for inclusion of these items in the...
Tailoring the Patent System for Specific Industries
Congressional interest in the patent system has been demonstrated by the enactment of the Leahy-Smith America Invents Act (AIA) in the 112th Congress. Most of the provisions of the AIA apply to any type of patented invention, whether it consists of a chemical compound, mechanical device, electrical circuit, or other technology. However, other AIA provisions are specific to particular types of inventions, including business methods, tax strategies, and human organisms. The AIA reflects the principle that, for the most part, patentable inventions are generally subject to the same statutory...
The Global Climate Change Initiative (GCCI): Budget Authority and Request, FY2010-FY2016
The United States supports international financial assistance for global climate change initiatives in developing countries. Under the Obama Administration, this assistance has been articulated primarily as the Global Climate Change Initiative (GCCI), a platform within the President’s 2010 Policy Directive on Global Development. The GCCI aims to integrate climate change considerations into U.S. foreign assistance through a range of bilateral, multilateral, and private sector mechanisms to promote sustainable and climate-resilient societies, foster low-carbon economic growth, and reduce...
The Presidential Libraries Act and the Establishment of Presidential Libraries
The Presidential Libraries Act (P.L. 84-373; 69 Stat. 695), as originally enacted in 1955, sought to create a system of government “preservation and administration ... of papers and other historical materials of any President or former President of the United States.” Pursuant to the law, the General Services Administration’s (GSA’s) Administrator could, among other actions,
accept ... the papers and other historical materials of any President or former President of the United States, or of any other official or former official of the Government, and other papers relating to and...
Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues
Poor performance under a federal contract can have immediate consequences for contractors, who could be denied award or incentive fees, required to pay damages, or terminated for default. In addition, it could affect their ability to obtain future contracts because federal law generally requires agencies to evaluate contractors’ past performance and consider past performance information when making source selection decisions in negotiated procurements and determining whether prospective contractors are “responsible.” “Past performance” refers to performance on “active and physically...
A Guide to Describing the Income Distribution
The distribution of income in the United States features heavily in congressional discussions about the middle class, program funding and effectiveness, new and existing target groups, government tax revenue, and social mobility, among other topics. Recently, the level and distribution of U.S. income have also been raised in the context of broader macroeconomic issues, such as economic growth. Accordingly, Congress has sought information on the absolute and relative experience of U.S. households, the range of incomes, and their dispersion.
Describing the income distribution involves...
Agriculture and Related Agencies: FY2015 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It includes the Food and Drug Administration (FDA) and—in the House and in even-numbered enacted fiscal years—the Commodity Futures Trading Commission (CFTC).
The FY2015 Agriculture and Related Agencies appropriation was enacted as Division A of the FY2015 Consolidated Appropriations Act, P.L. 113-235 (December 16, 2014), an omnibus appropriation that included 11 of the 12 appropriations subcommittee bills. Although the fiscal year began under a continuing resolution, the...
Dependent Care: Current Tax Benefits and Legislative Issues
Congressional Research Service 7-5700 www.crs.gov RS21466 Summary There are two tax benefits for families who pay for the care of dependents: the child and dependent care tax credit (CDCTC) and the exclusion from income for employer-provided dependent care assistance programs (DCAPs). The CDCTC directly reduces a taxpayer’s income tax liability by the amount of the credit. The CDCTC is calculated as a percentage (a credit rate) of qualifying dependent care expenses. The credit rate is 35% for taxpayers with income of $15,000 or less, but it declines as income increases, to 20% for...
The Target and Other Financial Data Breaches: Frequently Asked Questions
In November and December of 2013, cybercriminals breached the data security of Target, one of the largest U.S. retail chains, stealing the personal and financial information of millions of customers. On December 19, 2013, Target confirmed that some 40 million credit and debit card account numbers had been stolen. On January 10, 2014, Target announced that personal information, including the names, addresses, phone numbers, and email addresses of up to 70 million customers, was also stolen during the data breach. A report by the Senate Committee on Commerce in March 2014 concluded that...
The United States and Europe: Current Issues
Due to extensive cooperation on a wide range of issues, the relationship between the United States and Europe is often called the transatlantic partnership. The two sides have many common values and concerns, and have grown increasingly interdependent in terms of security and prosperity. The transatlantic relationship and the main areas of U.S.-European cooperation and shared interest are likely to have continuing implications for U.S. policy during the 114th Congress. Members of Congress may have an interest in considering the dimensions and dynamics of current issues in U.S.-European...
U.S. Travel and Tourism: Industry Trends and Policy Issues for Congress
The U.S. travel and tourism industry accounted for 2.6% of gross domestic product (GDP) in 2012 and directly employed nearly 5.4 million people in 2013. Tourism exports reached a record $215 billion in 2013, representing almost a third of total U.S. services exports. The sector has posted an annual trade surplus with the world for more than two decades. The Department of Commerce forecasts foreign visitor volume in the United States will reach nearly 90 million in 2019.
In 1996, Congress stopped funding the United States Travel and Tourism Administration (USTTA), which for 35 years...
Alien Removals and Returns: Overview and Trends
The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013—including about 440,000 formal removals—the removal and return of...
The President makes appointments to positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 149 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 112th Congress.
Information for each board and commission is presented in profiles and tables. The profiles provide...
Asset Forfeiture: Selected Legal Issues and Reforms
From its beginning in the First Congress, Congress has viewed asset forfeiture as an integral part of federal crime fighting: It takes contraband off the streets, ensures that “crime doesn’t pay,” and deprives criminals of their “tools of the trade.” In short, asset forfeiture is the process of confiscating money or property from a person because it is illegal to possess, it constitutes proceeds of a crime, or it was used to facilitate a crime. Asset forfeiture became a major tool in combating organized crime, drug trafficking, and other serious federal offenses throughout the mid-to-late...
Biennial Budgeting: Options, Issues, and Previous Congressional Action
Difficulties in the timely enactment of budgetary legislation have long fueled interest in ways to structure the congressional budget process to ease time constraints. One long-discussed reform proposal would attempt to remedy this by changing the budget cycle from one to two years.
Biennial budgeting is a concept that may involve several variations, including two-year budget resolutions, two-year appropriations, and other changes in the timing of legislation related to revenue or spending. Biennial budgeting proposals may focus on enacting budgetary legislation for either a two-year...
Department of Housing and Urban Development (HUD): FY2016 Budget Request Overview and Resources
Department of Housing and Urban Development (HUD) FY2016 Budget Request.
International Climate Change Financing: The Green Climate Fund (GCF)
Over the past several decades, the United States has delivered financial and technical assistance for climate change activities in the developing world through a variety of bilateral and multilateral programs. The United States and other industrialized countries committed to such assistance through the United Nations Framework Convention on Climate Change (UNFCCC, Treaty Number: 102-38, 1992), the Copenhagen Accord (2009), and the UNFCCC Cancun Agreements (2010), wherein the higher-income countries pledged jointly up to $30 billion in “fast start” climate financing for lower-income...
Federal Research and Development Funding: FY2015
President Obama’s budget request for FY2015 included $135.352 billion for research and development (R&D), a $1.670 billion (1.2%) increase from the FY2014 level of $133.682 billion.
Funding for R&D is concentrated in a few departments and agencies. Under President Obama’s FY2015 budget request, seven federal agencies would have received 95.4% of total federal R&D funding, with the Department of Defense (DOD, 47.6%) and the Department of Health and Human Services (HHS, 23.0%) accounting for more than two-thirds of all federal R&D funding.
In addition to the FY2015 base budget request, the...
Common Questions About Federal Records and Related Agency Requirements
Federal departments and agencies create federal records in the course of their daily operations. Congress first enacted the Federal Records Act (FRA; 44 U.S.C. Chapters 21, 29, 31, and 33) in 1950. Congress deemed federal records worthy of preservation for their “informational value,” and also because they document “the transaction of public business” and the “organization, functions, policies, decisions, procedures, operations, or other activities of the Government.” The FRA requires executive branch departments and agencies to collect, retain, and preserve—or dispose of—these records....
Financial regulatory policies are of interest to Congress because firms, consumers, and governments fund many of their activities through banks and securities markets. Furthermore, financial instability can damage the broader economy. Financial regulation is intended to protect borrowers and investors that participate in financial markets and mitigate financial instability. This report provides an overview of the regulatory policies of the agencies that oversee banking and securities markets and explains which agencies are responsible for which institutions, activities, and markets. Some...
China's Air Defense Identification Zone (ADIZ)
In November 2013, the People’s Republic of China (PRC, or China) announced that it would establish an “East China Sea Air Defense Identification Zone (ADIZ),” covering a large swath of airspace over the East China Sea, including over small islands that are the subject of a territorial dispute among Japan, the PRC, and Taiwan. Beijing did not formally consult with other countries prior to the announcement, and its initial statement seemed to warn that China might use force against aircraft that did not follow its ADIZ guidelines. Senior officials from the United States and East Asian...
Information Warfare: Cyberattacks on Sony
This report discusses information warfare, which includes information-related capabilities to influence, disrupt, corrupt, or usurp the decision making of adversaries while protecting our own.
Energy and Water Development: FY2015 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior’s Bureau of Reclamation (Reclamation), and the Department of Energy (DOE), as well as the Nuclear Regulatory Commission (NRC) and several other independent agencies.
President Obama’s FY2015 budget request for Energy and Water Development was released in March 2014. Including adjustments, the request totaled $34.26 billion, compared with a total of $34.13 billion appropriated for FY2014. The House approved the Energy and...
Issues in the Reauthorization of the Federal Aviation Administration (FAA)
The funding authorization for the Federal Aviation Administration (FAA), included in the FAA Modernization and Reform Act of 2012 (P.L. 112-95), expires on September 30, 2015. In addition to setting spending levels, FAA authorization acts typically set policy on a wide range of issues related to civil aviation. This report considers topics that are likely to arise as the 114th Congress debates reauthorization.
Most FAA programs are financed through the Airport and Airway Trust Fund (AATF), sometimes referred to as the Aviation Trust Fund. The financial health of the AATF, which is funded...
FHA Single-Family Mortgage Insurance: Recent Policy Changes and Proposed Legislation
The Federal Housing Administration (FHA), an agency of the Department of Housing and Urban Development (HUD), insures private mortgage lenders against losses on eligible mortgages. If a borrower defaults on an FHA-insured mortgage, FHA will repay the lender the remaining amount owed. FHA insurance is intended to encourage lenders to offer mortgages to households who might otherwise have difficulty obtaining a loan at an affordable interest rate, such as households with small down payments. Borrowers pay fees, called premiums, in exchange for the insurance, and these fees are supposed to...
Poverty in the United States: 2013
In 2013, 45.3 million people were counted as poor in the United States under the official poverty measure—a number statistically unchanged from the 46.5 million people estimated as poor in 2012. The poverty rate, or percent of the population considered poor under the official definition, was reported at 14.5% in 2013, a statistically significant drop from the estimated 15.0% in 2012. Poverty in the United States increased markedly over the 2007-2010 period, in tandem with the economic recession (officially marked as running from December 2007 to June 2009), and remained unchanged at a...
The 2010 Patient Protection and Affordable Care Act (ACA, P.L. 111-148) requires certain health insurers to provide consumer rebates if they do not meet a set financial target known as a medical loss ratio (MLR). At its most basic, a MLR measures the share of health care premium dollars spent on medical benefits, as opposed to company expenses such as overhead or profits. For example, if an insurer collects $100,000 in premiums and spends $85,000 on medical care, the MLR is 85%. In general, the higher the MLR, the more value a policyholder receives for his or her premium dollar. The ACA...
Defense: FY2015 Authorization and Appropriations
In contrast with the debate over the FY2014 defense budget, congressional action on the FY2015 Department of Defense (DOD) “base budget” (that is, the part of the budget not associated with operations in Afghanistan or other situations designated by the President as emergencies) was not complicated by disputes over the total amount at issue. For both the FY2015 National Defense Authorization Act (NDAA) and the FY2015 Defense Appropriations Act, President Obama’s request, and versions of the legislation that were passed by the House, approved by the relevant Senate committees, and finally...
U.S. Natural Gas Exports: New Opportunities, Uncertain Outcomes
As estimates for the amount of U.S. natural gas resources have grown, so have the prospects of rising U.S. natural gas exports. The United States is expected to go from a net importer of natural gas to a net exporter by 2016. With recent natural gas prices relatively low compared to global prices and historically low for the United States, producers are looking for new markets for their natural gas. Projects to export liquefied natural gas (LNG) by tanker ship have been proposed—cumulatively accounting for over 60% of current gross U.S. natural gas production. Pipeline exports, which...
Sex Trafficking of Children in the United States: Overview and Issues for Congress
The trafficking of individuals within U.S borders is commonly referred to as domestic human trafficking, and it occurs in every state of the nation. One form of domestic human trafficking is sex trafficking. Research indicates that most victims of sex trafficking into and within the United States are women and children, and the victims include U.S. citizens and noncitizens alike. Recently, Congress has focused attention on domestic sex trafficking, including the prostitution of children, which is the focus of this report.
Federal law does not define sex trafficking per se. However, the...
H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief
This report provides a summary of select provisions in the Secure Our Borders First Act of 2015 (H.R. 399). An amendment in the nature of a substitute to the bill was favorably marked up and reported out of the House Homeland Security Committee on January 21, 2015.
This report provides a summary of select provisions in the bill that fall under two major headings—Operational Control of the Borders and Biometric Entry and Exit System—and concludes with a brief description of additional provisions collected under a third heading—CBP Agents and Officers, and Federal Land. Figures provide...
Interior, Environment, and Related Agencies: FY2015 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for most of the Department of the Interior (DOI) and for agencies within other departments—including the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and numerous other entities.
For FY2015, the President requested $30.69 billion for the approximately 30 agencies and entities typically funded in the annual Interior,...
U.S. Solar Photovoltaic Manufacturing: Industry Trends, Global Competition, Federal Support
Every President since Richard Nixon has sought to increase U.S. energy supply diversity. Job creation and the development of a domestic renewable energy manufacturing base have joined national security and environmental concerns as reasons for promoting the manufacturing of solar power equipment in the United States. The federal government maintains a variety of tax credits and targeted research and development programs to encourage the solar manufacturing sector, and state-level mandates that utilities obtain specified percentages of their electricity from renewable sources have bolstered...
Border Security: Immigration Inspections at Ports of Entry
About 362 million travelers (citizens and non-citizens) entered the United States in FY2013, including about 102 million air passengers and crew, 18 million sea passengers and crew, and 242 million land travelers. At the same time about 205,000 aliens were denied admission at ports of entry (POEs); and about 24,000 persons were arrested at POEs on criminal warrants.
Within the Department of Homeland Security (DHS), U.S. Customs and Border Protection’s (CBP) Office of Field Operations (OFO) is responsible for conducting immigration inspections at America’s 329 POEs. CBP’s primary...
Government Assistance for GMAC/Ally Financial: Unwinding the Government Stake
Ally Financial, formerly known as General Motors Acceptance Corporation or GMAC, provides auto financing, insurance, online banking, and mortgage and commercial financing. For most of its history, it was a subsidiary of General Motors Corporation. Like some of the automakers, it faced serious financial difficulties due to a downturn in the market for automobiles during the 2008-2009 financial crisis and recession, while also suffering from large losses in the mortgage markets. With more than 90% of all U.S. passenger vehicles financed or leased, GMAC’s inability to lend was particularly...
Social Security’s Effect on Child Poverty
Social Security plays an important role in reducing poverty, not only among the aged but among children as well. Children may be eligible for Social Security benefits when a parent who is a covered worker dies, becomes disabled, or retires. In addition to receiving Social Security in their own right, children may economically benefit from Social Security by living with other family members receiving benefits.
Based on a Congressional Research Service (CRS) analysis of U.S. Census Bureau Survey of Income and Program Participation (SIPP) data, in April 2013, an estimated 8.5 million children...
Aereo and FilmOn X: Internet Television Streaming and Copyright Law
Aereo and FilmOn X were created to stream television programming over the Internet for a monthly subscription fee. Aereo and FilmOn’s technology permitted subscribers to watch both live broadcast television in addition to already-aired programming. Their use of this development in technology triggered multiple lawsuits from broadcasting companies alleging copyright violations. These cases revealed not only multiple interpretations of copyright law and its application to new and developing technologies, but also a possible “loophole” in the law, which some accused Aereo and FilmOn of...
The Impact of Sequestration on Unemployment Insurance Benefits: Frequently Asked Questions
“Sequestration” refers to a process of automatic, largely across-the-board spending reductions under which budgetary resources are permanently canceled to enforce certain budget policy goals. Most recently, sequestration was triggered by the Budget Control Act of 2011 (BCA; P.L. 112-25) and first implemented on March 1, 2013 (delayed by P.L. 112-240).
Some, but not all, types of unemployment insurance (UI) benefits are subject to reductions under the BCA sequester. Regular Unemployment Compensation (UC), Unemployment Compensation for Ex-Servicemembers (UCX), and Unemployment Compensation...
National Security Letters: Proposals in the 113th Congress
A National Security Letter (NSL) is roughly comparable to an administrative subpoena. Various intelligence agencies use NSLs to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. Congress weighed several NSL amendments during the 113th Congress. The House passed one, H.R. 3361. The Senate failed to provide the three-fifths vote necessary for cloture on another, S....
Through the Occupational Safety and Health Act of 1970 (“OSH Act” or “act”), Congress sought a nationwide approach to regulating workplace accidents and injuries. The act authorizes the Secretary of Labor to create and enforce workplace safety standards. Additionally, the act contains a “General Duty Clause,” also enforced by the Secretary of Labor, which generally requires employers to provide workplaces that are free of potentially harmful hazards. The act created the Occupational Safety and Health Administration (“OSHA”) and an Assistant Secretary of Labor for Occupational Safety and...
Mandatory Minimum Sentencing Legislation in the 113th Congress
Defendants convicted of violating certain federal criminal laws face the prospect of mandatory minimum terms of imprisonment. Bills offered during the 113th Congress would have supplemented, enhanced, or eliminated some of these. The most all-encompassing, H.R. 1695 (Representative Scott (VA)) and S. 619 (Senator Paul) would have permitted federal courts to impose a sentence below an otherwise applicable mandatory minimum when necessary to avoid violating certain statutory directives.
Federal drug statutes feature a series of mandatory minimums. S. 1410 (Senator Durbin)/H.R. 3382...
Competition in Federal Contracting: Legal Overview
Competition in federal procurement contracting has long been of interest to Congress and the executive branch, in part because of the belief that increased competition among potential vendors results in lower prices for the government. President Obama issued a memorandum calling for increased competition in federal contracting on March 4, 2009, shortly after taking office, and his Administration has sought to reduce the number of “noncompetitive” contracts by various means, including by issuing guidance on “Increasing Competition and Structuring Contracts for Best Results” in October 2009....
North Korea: Back on the State Sponsors of Terrorism List?
From 1988 until 2008, the United States designated the government of North Korea, officially known as the Democratic People’s Republic of Korea (DPRK), as a state sponsor of terrorism. The Reagan Administration designated the DPRK after it was implicated in the 1987 bombing of a South Korean airliner, in which more than 100 people died. The George W. Bush Administration removed the designation from the DPRK in 2008, one of the measures the United States took in exchange for North Korea’s agreement to take steps to disable its nuclear program. As of early 2015, only the governments of Cuba,...
During the 114th Congress, the Senate might consider providing its advice and consent to ratification of the U.N. Convention on the Rights of Persons with Disabilities (CRPD, or the Convention). CRPD, which has been ratified or acceded to by 151 countries, is a multilateral agreement that addresses the rights of disabled persons. Its purpose is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.
Administration and Senate Actions
Many U.S. policy makers, including President Obama and some Members of...
P.L. 111-3: The Children’s Health Insurance Program Reauthorization Act of 2009
The Children’s Health Insurance Program Reauthorization Act of 2009 (H.R. 2, CHIPRA) was first passed in the House on January 14, 2009, and an amended version was passed in the Senate on January 29, 2009. On February 4, 2009, the House passed H.R. 2 as amended by the Senate and later that day President Obama signed the bill into law as P.L. 111-3. One of the provisions of CHIPRA permits using CHIP as the program’s acronym, instead of SCHIP. This report reflects this change, using CHIP instead of SCHIP.
The overall structure of CHIPRA is similar to its two predecessors, H.R. 976 and H.R....
This report explains dynamic scoring, including the types of effects incorporated and the types of models used, as well as what groups conduct or have conducted macroeconomic analysis of tax changes.
This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of the federal Controlled Substances Act (CSA) and other drug supply and drug demand related laws.
It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine, methamphetamine, listed (precursor) chemicals, paraphernalia, date rape drugs, rave drugs, designer drugs, ecstasy, drug kingpins, as well as the other substances including narcotics and opiates assigned to Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule...
Insurance Agent Licensing: Overview and Background on Federal NARAB Legislation
The individual states have been the primary regulators of insurance in this country for the past 150 years. Congress specifically authorized the states’ role in the 1945 McCarran-Ferguson Act (15 U.S.C. §§1011-1015), and state primacy in insurance regulation has been recognized in more recent laws shaping the financial regulatory system, such as the 1999 Gramm-Leach-Bliley Act (GLBA; P.L. 106-102) and the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203). The system of multiple state regulators, however, has faced criticism over the years, with frequent focus on...
Unauthorized Alien Students: Issues and “DREAM Act” Legislation
Immigration reform has been hotly debated in recent years. Broadly construed, it encompasses a range of issues, including the highly controversial question of legalizing large numbers of unauthorized immigrants in the United States. A historically less controversial, more targeted legalization proposal has been included in “DREAM Act” legislation, which seeks to enable certain unauthorized aliens who entered the United States as children to obtain legal immigration status. The name DREAM Act derives from the bill title, Development, Relief, and Education for Alien Minors Act, but it refers...
Bee Health: Background and Issues for Congress
Bees, both commercially managed honey bees and wild bees, play an important role in global food production. In the United States alone, the value of insect pollination to U.S. agricultural production is estimated at $16 billion annually, of which about three-fourths is attributable to honey bees. Worldwide, the contribution of bees and other insects to global crop production for human food is valued at about $190 billion. Given the importance of honey bees and other bee species to food production, many have expressed concern about whether a “pollinator crisis” has been occurring in recent...
Terrorism Risk Insurance Legislation in the 114th Congress: Issue Summary and Side-by-Side Analysis
Prior to the September 11, 2001, terrorist attacks, insurance covering terrorism losses was normally included in commercial insurance policies without additional cost to the policyholders. Following the attacks, this ceased to be the case as insurers and reinsurers pulled back from offering terrorism coverage. Some feared that a lack of insurance against terrorism loss would have a wide economic impact, particularly because insurance coverage can be a significant factor in lending decisions.
Congress responded to the disruption in the insurance market by passing the Terrorism Risk...
Post-9/11 Evolution of the United States' Defining of the Terrorist Threat from Al Qaeda
This report discusses the evolution on how the United States defines the terrorist threat since the terrorist attacks of September 11, 2001.
Mineral Royalties on Federal Lands: Issues for Congress
Three royalty debates may be revived in the 114th Congress: (1) whether to increase the statutory minimum rate for onshore federal oil and gas leases from 12.5% to 18.75%, (2) whether to enact revenue sharing laws for Outer Continental Shelf (OCS) leases to include all coastal states, and (3) whether to charge a royalty on hardrock locatable minerals produced on federal public domain lands. House and Senate bills in the 113th Congress proposed to raise the minimum rate from 12.5% to 18.75% on oil and gas produced on federal leases, provide for revenue sharing of OCS revenues, and establish...
Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review
Growth in U.S. shale gas production involves the expansion of natural gas pipeline infrastructure to transport natural gas from producing regions to consuming markets, typically in other states. Over 300,000 miles of interstate transmission pipeline already transport natural gas across the United States. However, if the growth in U.S. shale gas continues, the requirement for new pipelines could be substantial. This ongoing expansion has increased congressional interest in the role of the federal government in the certification (permitting) of interstate natural gas pipelines.
Under Section...
Changes in the Purposes and Frequency of Authorizations of Appropriations
The congressional budget process distinguishes between “authorizations,” which establish or define the activities of the federal government, and “appropriations,” which finance those activities. The purpose of this report is to discuss the changes in the form and frequency of authorization laws that have occurred over the past century.
As the congressional approach to authorizations and appropriations developed over the nineteenth century, distinct roles for these types of laws were established. However, that approach began to shift in the early twentieth century as the size and scope of...
State, Foreign Operations, and Related Programs: FY2015 Budget and Appropriations
On December 16, 2014, Congress presented the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83), to the President, who signed it into law (P.L. 113-235) that same day. In Division J of that act, Congress appropriated $51.98 billion for the Department of State and Foreign Operations, including $9.26 billion for Overseas Contingency Operations (OCO) and $2.53 billion to address the Ebola crisis.
The annual State, Foreign Operations, and Related Programs appropriations bill (also referred to here as “foreign affairs appropriations” or “foreign affairs funding”) is the...
Federal Benefits and Services for People with Low Income: Programs and Spending, FY2008-FY2013
The Congressional Research Service (CRS) regularly receives requests about the number, size, and programmatic details of federal benefits and services targeted toward low-income populations, and the characteristics of people who participate. This report attempts to identify and provide information about such programs, including their federal spending during FY2008-FY2013. The report does not discuss social insurance programs such as Social Security, Medicare, or Unemployment Insurance, but includes only programs with an explicit focus on low-income people or communities. Tax provisions,...
The Advanced Technology Vehicles Manufacturing (ATVM) Loan Program: Status and Issues
The Advanced Technology Vehicles Manufacturing (ATVM) Loan Program is a Department of Energy (DOE) program designed to reduce petroleum use in vehicles and promote domestic manufacturing. It was established in 2007, when the Detroit 3 automakers—General Motors, Ford, and Chrysler—faced declining sales in a weakening economy at the same time that U.S. fuel economy standards were raised. It provides direct loans to automakers and parts suppliers to construct new U.S. factories or retrofit existing factories to produce vehicles that achieve at least 25% higher fuel economy than model year...
Qualifications of Members of Congress
There are three, and only three, standing qualifications for U.S. Senator or Representative in Congress which are expressly set out in the U.S. Constitution: age (25 for the House, 30 for the Senate); citizenship (at least seven years for the House, nine years for the Senate); and inhabitancy in the state at the time elected. U.S. Constitution, Article I, Section 2, cl. 2 (House); and Article I, Section 3, cl. 3 (Senate). The Supreme Court of the United States has affirmed the historical understanding that the Constitution provides the exclusive qualifications to be a Member of Congress,...
Successive U.S. Administrations have viewed Morocco as an important regional ally, a partner in counterterrorism, and a free trade counterpart. Morocco receives substantial U.S. development aid, and bilateral trade and investment have increased following a 2006 Free Trade Agreement. Morocco also benefits from U.S. security assistance and military cooperation, and is a purchaser of U.S. defense articles, including F-16 jets. Some observers have placed greater emphasis on the U.S.-Morocco relationship amid regional turmoil and terrorist threats emanating from neighboring states in North...
Social Security Reform: Legal Analysis of Social Security Benefit Entitlement Issues
Calculations indicating that the Social Security program will not be financially sustainable in the long run under the present statutory scheme have fueled the current debate regarding Social Security reform. This report addresses selected legal issues that may be raised regarding entitlement to Social Security benefits as Congress considers possible changes to the Social Security program in view of projected long-range shortfalls in the Social Security Trust Funds.
Social Security is a statutory entitlement program. Beneficiaries have a legal entitlement to receive Social Security...
Cybercrime: Conceptual Issues for Congress and U.S. Law Enforcement
Twenty-first century criminals increasingly rely on the Internet and advanced technologies to further their criminal operations. These criminals can easily leverage the Internet to carry out traditional crimes such as distributing illicit drugs and sex trafficking. In addition, they exploit the digital world to facilitate crimes that are often technology driven, including identity theft, payment card fraud, and intellectual property theft. Cybercrimes have economic, public health, and national security implications, among others. For over three decades, Congress has been concerned about...
The Affordable Care Act and Small Business: Economic Issues
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148 and P.L. 111-152) contains several provisions to encourage employer-sponsored health coverage, particularly among small businesses. The provisions that most directly relate to small businesses are (1) an employer penalty for not providing health insurance, (2) a tax credit to increase the affordability of health care for the smallest firms, and (3) small business health insurance exchanges designed to increase plan options and lower plan costs.
Several events have altered the ACA’s implementation since its enactment in 2010....
Legislative Branch: FY2015 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); and Open World Leadership Center.
The legislative branch FY2015 budget request of $4.471 billion was submitted on March 4, 2014. By law, the President includes the requests submitted from the legislative branch in the...
The Workforce Investment Act and the One-Stop Delivery System
The Workforce Investment Act of 1998 (WIA; P.L. 105-220), which succeeded the Job Training Partnership Act (P.L. 97-300) as the main federal workforce development legislation, was enacted to bring about increased coordination among federal workforce development and related programs. WIA authorized the appropriation of “such sums as may be necessary” for each of FY1999 through FY2003 to carry out the programs and activities authorized in the legislation. Authorization of appropriations under WIA expired in FY2003 but has been extended annually through the Departments of Labor, Health and...
The President makes appointments to positions within the federal government, either using the authorities granted to the President alone or with the advice and consent of the Senate. This report identifies all nominations that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions, which are...
Afghanistan: Politics, Elections, and Government Performance
The capacity, transparency, legitimacy, and cohesiveness of Afghan governance are crucial to Afghan stability as nearly all international forces exit Afghanistan by the end of 2016. The size and capability of the Afghan governing structure has increased significantly since the Taliban regime fell in late 2001, but the government remains rife with corruption and ethnic and political tensions among its major factions are ever present. Its recent elections have been marred by allegations of vast fraud and resulting post-election political crises.
Hamid Karzai, who served as president since...
Biomass Crop Assistance Program (BCAP): Status and Issues
The Biomass Crop Assistance Program (BCAP) is designed to assist the bioenergy industry to overcome the hurdle of continuous biomass availability—viewed as a critical deterrent to private sector investment in the cellulosic biofuels industry. To accomplish this, BCAP is charged with two tasks: (1) to support the establishment and production of eligible crops for conversion to bioenergy in selected areas, and (2) to assist agricultural and forest land owners and operators with collection, harvest, storage, and transportation (CHST) of eligible material for use in a biomass conversion...
Congress has played a role in establishing museums that have become part of the Smithsonian Institution (e.g., the National Museum of the American Indian and the National Museum of African American History and Culture) and museums that operate independently (e.g., the National Gallery of Art and the United States Holocaust Memorial Museum). Historically, for most museums operated in whole or in part by the federal government, congressional authorization has been required.
Congressional action is likely required to authorize a new federal museum. In the 113th Congress (2013-2014),...
Trade Adjustment Assistance for Workers
Trade Adjustment Assistance for Workers (TAA) provides federal assistance to workers who have been adversely affected by foreign trade. It was most recently authorized by the Trade Adjustment Assistance Extension Act of 2011 (TAAEA; Title II of P.L. 112-40). Under TAAEA, the program operated under one set of eligibility and benefit provisions through December 31, 2013, and then reverted to a more restrictive set of provisions on January 1, 2014. The TAA program was scheduled to be phased out beginning January 1, 2015, but the Consolidated and Further Continuing Appropriations Act, 2015...
Social Security Disability Insurance (SSDI) provides benefits to nonelderly workers with certain disabilities and their eligible dependents. As in Old-Age and Survivors Insurance (OASI)—Social Security’s retirement program—SSDI benefits are based on a worker’s past earnings. To qualify, individuals must have worked and paid Social Security taxes for a certain number of years and be unable to engage in substantial gainful activity (SGA) due to a severe mental or physical impairment that is expected to last for at least one year or result in death. In 2015, the monthly SGA earnings limit for...
Gun Control Legislation in the 113th Congress
The December 2012 Newtown, CT, tragedy, along with other mass shootings in Aurora, CO, and Tucson, AZ, restarted the national gun control debate in the 113th Congress. The Senate considered a range of legislative proposals, including several that President Barack Obama supported as part of his national gun violence reduction plan. The most salient of these proposals would have (1) required background checks for intrastate firearms transfers between unlicensed persons at gun shows and nearly any other venue, otherwise known as the “universal background checks” proposal; (2) increased...
The Network for Manufacturing Innovation
In December 2014, Congress passed the Revitalize American Manufacturing and Innovation Act of 2014 (RAMIA), as Title VII of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235). President Obama signed the bill into law on December 16, 2014. RAMIA directs the Secretary of Commerce to establish a Network for Manufacturing Innovation (NMI) program within the Commerce Department’s National Institute of Standards and Technology (NIST). The act comes about two years after President Obama first proposed the establishment of a National Network for...
Water Quality Issues in the 113th Congress: An Overview
Much progress has been made in achieving the ambitious goals that Congress established 40 years ago in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. However, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions are needed...
People obtain insurance to protect themselves against the possibility of financial loss in the future. Health insurance provides protection against the possibility of financial loss due to high health care expenses. Also, people do not know ahead of time exactly what their health care expenses will be, so paying for health insurance on a regular basis helps ease their out-of-pocket spending.
While health coverage continues to be mostly a private enterprise in this country, government plays an increasingly significant role. Government has initiated and responded to dynamics in medicine,...
Presidential Appointments to Full-Time Positions in Executive Departments During the 112th Congress
The President makes appointments to positions within the federal government, either using the authorities granted to the President alone or with the advice and consent of the Senate. There are some 349 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 112th Congress for full-time positions in these 15 executive departments.
Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels...
Out-of-Pocket Costs for Medicaid Beneficiaries: In Brief
The federal Medicaid statute and accompanying regulations include provisions that states can apply to certain program beneficiaries with respect to out-of-pocket cost-sharing, including premiums that may be required on a monthly or quarterly basis, enrollment fees that may be applied on an annual or semiannual basis, and point-of-service cost-sharing (e.g., a co-payment to a Medicaid participating provider for a specific covered service received). To implement these options, states must submit Medicaid state plan amendments (SPAs) detailing these provisions to the federal Centers for...
U.S. Postal Service Retiree Health Benefits and Pension Funding Issues
Congress designed the U.S. Postal Service (USPS) to be a self-supporting government agency. Since 1971, the agency has not relied upon annual appropriations to cover its operating costs. Rather, USPS has funded its operations mostly through the sales of postage and postal products and services.
Since FY2007, however, the agency has run more than $40 billion in deficits and has reached its statutory borrowing limit ($15 billion). The agency does receive an annual appropriation of approximately $90 million per year, which amounts to about 0.1% of USPS’s $65 billion operating budget.
USPS’s...
Clean Air Issues in the 113th Congress: An Overview
Oversight of Environmental Protection Agency (EPA) regulatory actions was the main focus of interest as the 113th Congress considered air quality issues. Of particular interest were EPA’s proposed regulations on the emissions of greenhouse gases (GHGs) from power plants.
Reducing GHG emissions to address climate change is a major goal of President Obama, but Congress has been less enthusiastic about it. In the absence of congressional action, the President has directed EPA to promulgate GHG standards using existing authority under the Clean Air Act. This authority has been upheld on at...
Taiwan: Major U.S. Arms Sales Since 1990
This report, updated through the 113th Congress, discusses U.S. security assistance to Taiwan (calling itself Republic of China (ROC)), including policy issues for Congress and legislation. Congress has oversight of the Taiwan Relations Act (TRA), P.L. 96-8, which has governed arms sales to Taiwan since 1979, when the United States recognized the People’s Republic of China (PRC) instead of the ROC. The U.S.-ROC Mutual Defense Treaty terminated in 1979. Two other relevant parts of the “one China” policy are the August 17, 1982, U.S.-PRC Joint Communique and the “Six Assurances” to Taiwan....
Despite broadly consistent statements, the U.S. “one China” policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. This CRS Report, updated through the 113th Congress, analyzes the “one China” policy since U.S. Presidents began in 1971 to reach understandings with the People’s Republic of China (PRC). Taiwan calls itself the...
FY2015 Commerce, Justice, Science, and Related Agencies’ Appropriations: Fact Sheet
The annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations act provides funding for the Departments of Commerce and Justice, the science agencies, and several related agencies. Appropriations for the Department of Commerce include funding for agencies such as the Census Bureau; the U.S. Patent and Trademark Office; the National Oceanic and Atmospheric Administration; and the National Institute of Standards and Technology. Appropriations for the Department of Justice provide funding for agencies such as the Federal Bureau of Investigation; the Bureau of Prisons; the...
China and Proliferation of Weapons of Mass Destruction and Missiles: Policy Issues
Congress has long been concerned about whether policy advances the U.S. interest in reducing the role of the People’s Republic of China (PRC) in the proliferation of weapons of mass destruction (WMD) and missiles that could deliver them. Recipients of PRC technology included Pakistan, North Korea, and Iran. This CRS Report, updated through the 113th Congress, discusses the security problem of China’s role in weapons proliferation and issues related to the U.S. policy response since the mid-1990s. China has taken some steps to mollify U.S. and other foreign concerns about its role in...
Guam: U.S. Defense Deployments
Since 2000, the U.S. military has been building up forward-deployed forces on the westernmost U.S. territory of Guam (west of Hawaii) to increase U.S. operational presence, deterrence, and power projection for potential responses to crises, disasters, or other contingencies to support Japan, Republic of Korea (ROK), the Philippines, Taiwan, or others in Asia. Since 2006, Valiant Shield exercises based at Guam have boosted U.S. military readiness for joint operations in the Pacific. The defense buildup on Guam has been moderate. China has concerns, suspecting Guam’s buildup to be directed...
Title I of the Americans with Disabilities Act (ADA): Employment Discrimination
Title I of the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008 (together, ADA) prohibit discrimination in employment against qualified individuals on the basis of disability. The ADA defines the term disability broadly to include individuals with disabilities, individuals with a history of a disability, and individuals regarded as having disabilities whether they have one or not. The ADA protects alcoholics and drug addicts who are in recovery, but does not protect individuals who are actively abusing drugs or alcohol.
The ADA requires “covered...
U.S.-Taiwan Relationship: Overview of Policy Issues
This CRS Report, updated through the 113th Congress, provides an overview with analysis of the major issues in U.S. policy on Taiwan. Taiwan formally calls itself the Republic of China (ROC), tracing its political lineage to the ROC set up after the revolution in 1911 in China. The ROC government retreated to Taipei in 1949. The United States recognized the ROC until the end of 1978 and has maintained a non-diplomatic relationship with Taiwan after recognition of the People’s Republic of China (PRC) in 1979. The Taiwan Relations Act (TRA) of 1979, P.L. 96-8, has governed policy in...
Proposed Retirement of A-10 Aircraft: Background in Brief
The Administration’s fiscal 2015 budget proposed to retire the entire fleet of A-10 Thunderbolt II attack aircraft beginning in FY2016. This report covers the background to that decision and legislative action as of the end of 2014.
U.S.-China Military Contacts: Issues for Congress
This CRS Report, updated through the 113th Congress, discusses policy issues regarding military-to-military (mil-to-mil) contacts with the People’s Republic of China (PRC) and records major contacts and crises since 1993. The United States suspended military contacts with China and imposed sanctions on arms sales in response to the Tiananmen Crackdown in 1989. In 1993, President Clinton reengaged with the top PRC leadership, including China’s military, the People’s Liberation Army (PLA). Renewed military exchanges with the PLA have not regained the closeness reached in the 1980s, when...
Cyber Operations in DOD Policy and Plans: Issues for Congress
Cyberspace is defined by the Department of Defense as a global domain consisting of the interdependent networks of information technology infrastructures and resident data, including the Internet, telecommunications networks, computer systems, and embedded processors and controllers. Attacks in cyberspace have seemingly been on the rise in recent years with a variety of participating actors and methods. As the United States has grown more reliant on information technology and networked critical infrastructure components, many questions arise about whether the nation is properly organized...
Insurance Regulation: Issues, Background, and Legislation in the 113th Congress
The individual states have been the primary regulators of insurance since 1868. Following the 1945 McCarran-Ferguson Act, this system has operated with the explicit blessing of Congress, but has also been subject to periodic scrutiny and suggestions that the time may have come for Congress to reclaim the regulatory authority it granted to the states. In the late 1980s and early 1990s, congressional scrutiny was largely driven by the increasing complexities of the insurance business and concern over whether the states were up to the task of ensuring consumer protections, particularly...
Desalination and Membrane Technologies: Federal Research and Adoption Issues
In the United States, desalination and membrane technologies are used to augment municipal water supply, produce high-quality industrial water supplies, and reclaim contaminated supplies (including from oil and gas development). Approximately 2,000 desalination facilities larger than 0.3 million gallons per day (MGD) operate in the United States; this represents more than 2% of U.S. municipal and industrial freshwater use. At issue for Congress is what should be the federal role in supporting desalination and membrane technology research and facilities. Desalination issues before the 114th...
Constitutional Authorities Under Which Congress Regulates State Taxation
A variety of clauses in the U.S. Constitution provide direct and implicit authority for Congress to enact legislation affecting the ability of states to impose taxes, and Congress has acted under several of them. In some situations, Congress has restricted the states’ taxing power, such as by prohibiting them from taxing certain activities. In others, it has expanded the states’ ability to tax, such as by waiving federal immunity to state taxation in specific circumstances.
Chief among these authorities is the Commerce Clause, which provides Congress with the authority to regulate...
Federal Income Taxes and Noncitizens: Frequently Asked Questions
This report answers frequently asked questions about noncitizens and federal income taxes. Noncitizens may be subject to U.S. income taxes when, for example, they work in the United States or they live abroad but have U.S. source income. Noncitizens who may be subject to U.S. income taxes include
legal permanent residents (LPRs or green card holders) who are authorized to live and work in the United States permanently;
aliens who are authorized to stay in the United States temporarily, and may or may not be authorized to work;
aliens who are not authorized to be in the United States...
U.S. Crude Oil Export Policy: Background and Considerations
During an era of oil price controls and following the 1973 Organization of Arab Petroleum Exporting Countries oil embargo, Congress passed the Energy Policy and Conservation Act of 1975 (EPCA), which directs the President “to promulgate a rule prohibiting the export of crude oil” produced in the United States. Crude oil export restrictions are codified in the Export Administration Regulations administered by the Bureau of Industry and Security (BIS)—a Commerce Department agency. Generally, U.S. crude oil exports are prohibited, although there are a number of exemptions and circumstances...
Terrorism Risk Insurance Legislation in the 113th Congress: Issue Summary and Side-by-Side Analysis
Prior to the September 11, 2001, terrorist attacks, insurance covering terrorism losses was normally included in commercial insurance policies without additional cost to the policyholders. Following the attacks, this ceased to be the case as insurers and reinsurers pulled back from offering terrorism coverage. It was feared that a lack of insurance against terrorism loss would have a wider economic impact, particularly because insurance coverage can be a significant factor in lending decisions.
Congress responded to the disruption in the insurance market by passing the Terrorism Risk...
Public-Private Partnerships for Purposes of Federal Real Property Management
While public-private partnerships (PPPs) have long been used to manage real property, congressional interest in PPPs has recently increased due to the large number of underutilized and excess buildings owned by federal agencies, as well as sequestration and other spending constraints. There is no single, accepted definition of public-private partnership, and PPPs can be structured in many ways. However, for purposes of this report, a PPP is an agreement whereby a nonfederal entity acquires the right to use a real property owned or controlled by a federal agency—typically through a...
The Presidential Records Act: Background and Recent Issues for Congress
Presidential documents are historical resources that capture each incumbent’s conduct in presidential office. Pursuant to the Presidential Records Act ((PRA) 44 U.S.C. §§2201-2207), the National Archives and Records Administration (NARA) collects most records of Presidents and Vice Presidents at the end of each Administration. They are then disclosed to the public—unless the Archivist of the United States, the incumbent President, or the appropriate former President requests the records be kept private.
The PRA is the primary law governing the collection and preservation of, and access to,...
The U.S. Postal Service’s Financial Condition: A Primer
Since 1971, the U.S. Postal Service (USPS) has been a self-supporting government agency that covers its operating costs with revenues generated through the sales of postage and related products and services.
The USPS is experiencing significant financial challenges. After running modest profits from FY2003 through FY2006, the USPS lost $45.6 billion between FY2007 and FY2013. Since FY2011, the USPS has defaulted on $22.4 billion in payments to its Retiree Health Benefits Fund (RHBF). The agency reached its $15 billion borrowing limit in FY2012 and has not reduced total debt since that...
Rehabilitation Act: Vocational Rehabilitation State Grants
The federal government is authorized to make grants to state agencies for vocational rehabilitation (VR) services. These grants support services to help individuals with disabilities prepare for and engage in employment. VR state grants are administered at the federal level by the Rehabilitation Services Administration (RSA) in the Department of Education (ED).
The VR state grants program is authorized by Title I of the Rehabilitation Act of 1973, as amended. The Rehabilitation Act was amended and the VR state grants program was reauthorized in July 2014 by Title IV of the Workforce...
Secret Sessions of the House and Senate: Authority, Confidentiality, and Frequency
Secret, or closed, sessions of the House and Senate exclude the press and the public. They may be held for matters deemed to require confidentiality and secrecy—such as national security, sensitive communications received from the President, and Senate deliberations during impeachment trials. Although Members usually seek advance agreement for going into secret session, any Member of Congress may request a secret session without notice. When the House or Senate goes into secret session, its chamber and galleries are cleared of everyone except Members and officers and employees specified in...
Congressional Research Service 7-5700 www.crs.gov R43634 Summary The Temporary Assistance for Needy Families (TANF) block grant helps states fund, among other benefits and services, cash assistance for needy families with children. While there are some federal rules that determine who may qualify for TANF-funded cash assistance (e.g., the family must have a dependent child), states determine the financial eligibility criteria and cash assistance benefit amounts. There is a large amount of variation among the states in the income thresholds that determine whether a family is eligible for...
Historically, Medicaid eligibility has generally been limited to certain low-income children, pregnant women, parents of dependent children, the elderly, and individuals with disabilities; however, as of January 1, 2014, states have the option to extend Medicaid coverage to most non-elderly, low-income individuals.
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148 as amended) established 133% of the federal poverty level (FPL) (effectively 138% of FPL with an income disregard of 5% of FPL) as the new mandatory minimum Medicaid income eligibility level for most non-elderly...
Canadian Oil Sands: Life-Cycle Assessments of Greenhouse Gas Emissions
Canadian Oil Sands and Climate Change
Recent congressional interest in U.S. energy policy has focused in part on ways through which the United States could secure more economical and reliable petroleum resources both domestically and internationally. Many forecasters identify petroleum products refined from Canadian oil sands as one possible solution. Increased production from Canadian oil sands, however, is not without controversy, as many have expressed concern over the potential environmental impacts. These impacts include emissions of greenhouse gases (GHG) during resource extraction...
Contract Types: Legal Overview
This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. The types of contracts used by federal agencies have long been of interest to Congress and the executive branch, as they have sought to ensure that the most appropriate type of contract is used to acquire particular supplies or services.
Cuba: U.S. Policy and Issues for the 113th Congress
Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. In February 2013, Castro was reappointed to a second five-year term as President (until 2018, when he would be 86 years old), and selected 52-year old former Education Minister Miguel Díaz-Canel as his First Vice President, making him the official successor in the event that Castro cannot serve out his term. Raúl Castro has implemented a number of gradual economic...
The Consumer Financial Protection Bureau (CFPB) has been a controversial product of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; the Dodd-Frank Act). Some in Congress view the CFPB as an important protector of consumers and families against predatory financial actors. Others believe the CFPB is an institution not subject to sufficient accountability that imposes undue regulatory burdens on providers of financial services and limits credit available to households. This policy disagreement among Members of Congress has been on display during the controversy...
The Political Question Doctrine: Justiciability and the Separation of Powers
Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual “Cases” and “Controversies.” The Supreme Court has articulated several “justiciability” doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their resolution is more proper within the political branches. Because of the potential implications for the separation of powers when courts decline to adjudicate...
The September 11, 2012, attack on U.S. facilities in Benghazi, Libya, prompted sustained congressional attention on the specific circumstances of the events in question, as well as broader questions regarding how U.S. diplomatic personnel and facilities abroad are secured. Ensuring that the Department of State is better prepared for the possibility of similar attacks in the future has been a central congressional concern.
The Department of State undertook a number of measures in response to the attack, including immediate steps to bolster security at posts around the world; an...
Definitions of “Inherently Governmental Function” in Federal Procurement Law and Guidance
Functions that federal law and policy require to be performed by government personnel, not contractor employees, are known as “inherently governmental functions.” Such functions have been a topic of interest in recent Congresses, in part, because of questions about sourcing policy (i.e., whether specific functions should be performed by government personnel or contractor employees). There have also been questions about the various definitions of inherently governmental function given in federal law and policy and, particularly, whether the existence of multiple definitions of this term may...
U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2015 Appropriations
Geographic proximity has forged strong linkages between the United States and the nations of Latin America and the Caribbean, with critical U.S. interests encompassing economic, political, and security concerns. U.S. policy makers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to advancing democracy and open markets since the 1990s. Current U.S. policy is designed to promote economic and social opportunity, ensure citizen security, strengthen effective democratic institutions, and secure a clean energy...
Reauthorization of the Satellite Television Extension and Localism Act (STELA)
One hundred sixteen million U.S. households watch television. Approximately 86% of those households subscribe to a service that carries the retransmitted signals of broadcast stations over fiber optic cables, telephone lines, or through satellite dishes on the premises. Such services, known as multichannel video programming distributors (MVPDs), retransmit broadcast television signals pursuant to a regulatory framework constructed by Congress and the Federal Communications Commission (FCC). The remaining households generally use an individual antenna that receives broadcast signals...
Wastewater Treatment: Overview and Background
The Clean Water Act prescribes performance levels to be attained by municipal sewage treatment plants in order to prevent the discharge of harmful wastes into surface waters. The act also provides financial assistance so that communities can construct treatment facilities to comply with the law. The availability of funding for this purpose continues to be a major concern of states and local governments.
This report provides background on municipal wastewater treatment issues, federal treatment requirements and funding, and recent legislative activity. Meeting the nation’s wastewater...
NASA: Issues for Authorization, Appropriations, and Oversight in the 114th Congress
Spaceflight fascinates and inspires many Americans, but in a time of constrained federal budgets, it must compete with a multitude of other national priorities. As the 114th Congress conducts oversight and considers authorization and appropriations legislation for the National Aeronautics and Space Administration (NASA), an overarching question will be how NASA should move forward within budget constraints.
The National Aeronautics and Space Administration Authorization Act of 2010 (P.L. 111-267) set a new direction for NASA’s human spaceflight programs. For access to low Earth orbit,...
FY2015 Department of Housing and Urban Development Appropriations: Fact Sheet
On December 13, 2014, the Senate passed H.R. 83, the FY2015 Consolidated and Further Continuing Appropriations Act, two days after it had been passed by the House. The President signed the bill on December 16, 2014, as P.L. 113-235. The bill funds nearly all agencies of the federal government, including the Department of Housing and Urban Development (HUD), for FY2015. Prior to enactment of P.L. 113-235, three continuing resolutions funded the federal government: the first, P.L. 113-164, through December 11, 2014; the second, P.L. 113-202, through December 13, 2014; and P.L. 113-203...
Latin America and the Caribbean: Key Issues for the 113th Congress
Geographic proximity has ensured strong linkages between the United States and the Latin American and Caribbean region, with diverse U.S. interests, including economic, political, and security concerns. U.S. policy toward the region under the Obama Administration has focused on four priorities: promoting economic and social opportunity; ensuring citizen security; strengthening effective democratic institutions; and securing a clean energy future. There was substantial continuity in U.S. policy toward the region during the first six years of the Obama Administration, which pursued some of...
The American Community Survey: Development, Implementation, and Issues for Congress
The American Community Survey (ACS), implemented nationwide in 2005 and 2006, is the U.S. Bureau of the Census’s (Census Bureau’s) replacement for the decennial census long form, which, from 1940 to 2000, gathered detailed socioeconomic and housing data from a representative population sample in conjunction with the once-a-decade count of all U.S. residents. Unlike the long form, with its approximately 17% sample of U.S. housing units in 2000, the ACS is a “rolling sample” or “continuous measurement” survey of about 295,000 housing units a month, totaling about 3.54 million a year (an...
Senate Committees: Categories and Rules for Committee Assignments
Senate Rule XXV and party conference rules address committee assignments. Senate Rule XXV, paragraphs 2 and 3 establish categories of committees, popularly referred to as “A,” “B,” and “C,” that condition assignment rules.
DHS Headquarters Consolidation Project: Issues for Congress
The Department of Homeland Security (DHS) was established in early 2003, bringing together existing parts of 22 different federal agencies and departments in a new framework of operations. In its first few years, the department was reorganized multiple times, and more focus was given to ensuring its components were addressing the perceived threats facing the country rather than to addressing the new organization’s management structure and headquarters needs. Therefore, the consolidation of physical infrastructure that one might expect in creating an operation of such size and breadth did...
The Islamic State in Egypt: Implications for U.S.-Egyptian Relations
This report discusses Islamist militancy in Egypt; specifically the presence the Islamic State organization (IS, aka the Islamic State of Iraq and the Levant, ISIL/ISIS). The report also briefly discusses what the propagation of militants means for relations between the United States and Egypt.
The U.S. Secret Service: History and Missions
The U.S. Secret Service has two missions—criminal investigations and protection. Criminal investigation activities have expanded since the inception of the Service from a small anti-counterfeiting operation at the end of the Civil War, to now encompassing financial crimes, identity theft, counterfeiting, computer fraud, and computer-based attacks on the nation’s financial, banking, and telecommunications infrastructure, among other areas. Protection activities, which have expanded and evolved since the 1890s, include ensuring the safety and security of the President, Vice President, their...
This report briefly examines the economic climate in Russia, providing background information and examining key trends. The report also briefly discusses possible next steps for the Kremlin and potential spillover effects for the United States.
Several West African countries are currently grappling with an unprecedented outbreak of Ebola virus disease (EVD). Here in the United States, where Ebola is not endemic, a handful of EVD cases have been diagnosed, and domestic transmission of the virus has occurred in only two cases to date. This report provides a brief overview of selected legal issues regarding measures to prevent transmission of Ebola virus and the civil rights of individuals affected by the disease.
Quarantine and isolation are restrictions on a person’s movement, imposed to prevent the spread of contagious disease....
The Federal Trade Commission’s Regulation of Environmental Marketing Claims and Related Legal Issues
During the last few decades, consumers in the United States have shown a significant interest in purchasing consumer products and packaging that appear to be beneficial—or at least not harmful—to the natural environment. In response to consumers’ willingness to pay a premium for these products, manufacturers and others have increasingly touted the positive environmental attributes of their products in marketing materials, such as in advertising or on product labels. These environmental marketing claims may concern a single environmental attribute or relate to the environmental impacts of a...
Overview of Selected Federal Criminal Civil Rights Statutes
Federal criminal civil rights laws impose criminal penalties for deprivation of certain federal rights, privileges, or immunities. These laws prohibit hate crimes based on race, color, religion, or national origin; the burning of places of worship; violence against health care providers; and the transport of persons (particularly women and children) for the purpose of enslavement or forced labor. Some of these laws require a discriminatory motivation while others, such as human trafficking, do not. Some cover offenders acting “under color of any law.”
The Federal Bureau of Investigation...
Child Welfare: Health Care Needs of Children in Foster Care and Related Federal Issues
Approximately 641,000 children spend some time in foster care each year. Most enter care because they have experienced neglect or abuse by their parents. Between 35% and 60% of children entering foster care have at least one chronic or acute physical health condition that needs treatment. As many as one-half to three-fourths show behavioral or social competency problems that may warrant mental health services. A national survey of children adopted from foster care found that 54% had special health care needs. Research on youth who aged out of foster care shows these young adults are more...
Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch
Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to noncompliance with a duly issued congressional subpoena—whether in the form of a refusal to appear before a committee for purposes of...
Radio Broadcasting Chips for Smartphones: A Status Report
The concurrent developments of digital radio broadcasting and digital cellular networks have enabled hybrid products that incorporate over-the-air broadcasting into cellphones. A recent introduction (2013) is a hybrid radio/smartphone with Internet connectivity, marketed in the United States as NextRadio. NextRadio uses a chip that receives analog FM and digital radio, with enhancements such as customized radio listening; the primary radio connection is over-the-air, not through Internet streaming.
On the assumption that radio broadcasting is more accessible and reliable than...
Presidential Advisers’ Testimony Before Congressional Committees: An Overview
Since the beginning of the federal government, Presidents have called upon executive branch officials to provide them with advice regarding matters of policy and administration. While Cabinet members were among the first to play such a role, the creation of the Executive Office of the President (EOP) in 1939 and the various agencies located within that structure resulted in a large increase in the number and variety of presidential advisers. All senior staff members of the White House Office and the leaders of the various EOP agencies and instrumentalities could be said to serve as...
The 2013 Cybersecurity Executive Order: Overview and Considerations for Congress
The federal role in cybersecurity has been a topic of discussion and debate for over a decade. Despite significant legislative efforts in the 112th Congress on bills designed to improve the cybersecurity of U.S. critical infrastructure (CI), no legislation on that issue was enacted in that Congress. In an effort to address the issue in the absence of enacted legislation, the White House issued an executive order in February 2013. Citing repeated cyber-intrusions into critical infrastructure and growing cyberthreats, Executive Order 13636, Improving Critical Infrastructure Cybersecurity,...
Presidential Claims of Executive Privilege: History, Law, Practice, and Recent Developments
Presidential claims of a right to preserve the confidentiality of information and documents in the face of legislative demands have figured prominently, though intermittently, in executive-congressional relations since at least 1792. Few such interbranch disputes over access to information have reached the courts for substantive resolution. The vast majority of these disputes are resolved through political negotiation and accommodation. In fact, it was not until the Watergate-related lawsuits in the 1970s seeking access to President Nixon’s tapes that the existence of a presidential...
Chemical Facility Security: Issues and Options for the 113th Congress
The Department of Homeland Security (DHS) has had statutory authority to regulate chemical facilities for security purposes since the 109th Congress. The 113th Congress extended this authority through December 13, 2014, and has passed H.R. 4007, which provides new statutory authority. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive...
Cash Versus Accrual Basis of Accounting: An Introduction
This report introduces two general methods of accounting—the cash basis method and accrual basis method. The choice of accounting method determines the timing of the recognition of revenue and expenses. Under cash basis accounting, revenue and expenses are recorded when cash is actually paid or received. Under accrual basis accounting, revenue is recorded when it is earned and expenses are reported when they are incurred. Understanding the differences between these two accounting methods could be helpful to Congress as it considers reforming the tax system and changing the federal...
For more than a decade, various experts have expressed increasing concerns about cybersecurity, in light of the growing frequency, impact, and sophistication of attacks on information systems in the United States and abroad. Consensus has also been building that the current legislative framework for cybersecurity might need to be revised.
The complex federal role in cybersecurity involves both securing federal systems and assisting in protecting nonfederal systems. Under current law, all federal agencies have cybersecurity responsibilities relating to their own systems, and many have...
FY2015 National Defense Authorization Act: Selected Military Personnel Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing operations in Afghanistan, along with the regular use of the reserve component personnel for operational missions, further heighten interest in a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on H.R. 4435, the initial House-passed version of the National Defense Authorization Act (NDAA) for Fiscal Year 2015; S. 2410, the version of the NDAA...
Analysis of H.R. 5781, California Emergency Drought Relief Act of 2014
California is experiencing serious water shortages due to widespread drought. Both of the state’s large water infrastructure projects, the federal Central Valley Project (CVP) and the State Water Project (SWP), have had to reduce water deliveries in 2014 to the farmers and communities they serve. Dry hydrological conditions, in combination with regulatory restrictions on water being pumped from the Sacramento and San Joaquin Rivers Delta confluence with the San Francisco Bay (Bay-Delta) to protect water quality and fish and wildlife, have resulted in water supply cutbacks for CVP and SWP...
Latin America and Climate Change
This report briefly discusses recent policy efforts in Latin America to confront climate change and the Obama Administrations' Energy and Climate Partnership for the Americas (ECPA).
Congress has enacted a number of federal laws banning discrimination in employment decisions, including hiring and firing of employees. For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment if the discrimination is based on race, color, religion, national origin, or sex. The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The Age Discrimination in Employment Act prohibits discrimination in employment based on age. Exceptions in these laws for religious organizations have reflected long-standing recognition of the...
Overview of Federal Real Property Disposal Requirements and Procedures
The federal government holds thousands of properties that agencies no longer need to accomplish their missions. When the government disposes of unneeded properties—through transfer, donation, or sale—it generates savings by eliminating maintenance costs. In addition, when state or local governments, nonprofits, or businesses acquire unneeded federal properties, they may be used to provide services to the public, such as temporary housing, or contribute to economic development.
The General Services Administration (GSA) plays a central role in disposing of unneeded property at most federal...
Federal Land Management Agencies: Appropriations and Revenues
Congressional Research Service 7-5700 www.crs.gov R43822 Summary A perennial focus for Congress is on appropriations for management of federal lands and resources. Issues include the purposes for which appropriations are used, factors influencing their distribution among states, and the extent to which appropriations are used on nonfederal lands. Congress also continues to be interested in the revenues derived from federal lands and resources. Questions relate to the amount of revenue generated on federal lands, the sources of revenue, and factors affecting the variation among states in...
Fact Sheet: Some Highlights of H.R. 83, Division C, FY2015 Defense Appropriations Act
This Fact Sheet summarizes selected highlights of H.R. 83, Division C: the Department of Defense (DOD) Appropriations Act for FY2015.
Cost-Benefit and Other Analysis Requirements in the Rulemaking Process
Regulatory analytical requirements (e.g., cost-benefit and cost-effectiveness analysis) have been established incrementally during the last 40 to 50 years through a series of presidential and congressional initiatives. The current set of requirements includes Executive Order 12866 and Office of Management and Budget (OMB) Circular A-4, the Regulatory Flexibility Act (RFA), and the Unfunded Mandates Reform Act (UMRA). These requirements vary in terms of the agencies and rules they cover, and the types of analyses that are required. For example, a regulatory analysis under the Regulatory...
Addressing the Long-Run Budget Deficit: A Comparison of Approaches
A small share of federal spending is for direct provision of domestic government services, which many people may think of when considering federal spending. Because this spending is normally about 10% of total federal spending and about 2% of gross domestic product (GDP) and deficits are projected to be 2.8% of GDP and rising in the future, cutting this type of spending can make only a limited contribution to reducing the deficit. (Note that direct provision of domestic services by the federal government is smaller than the total of nondefense discretionary spending, about 17% of spending,...
The Cost of Iraq, Afghanistan, and Other Global War on Terror Operations Since 9/11
With enactment of the FY2014 Consolidated Appropriations Act on January 1, 2014 (H.R. 3547/P.L. 113-73), Congress has approved appropriations for the past 13 years of war that total $1.6 trillion for military operations, base support, weapons maintenance, training of Afghan and Iraq security forces, reconstruction, foreign aid, embassy costs, and veterans’ health care for the war operations initiated since the 9/11 attacks.
Of this $1.6 trillion total, CRS estimates that the total is distributed as follows:
$686 billion (43%) for Operation Enduring Freedom (OEF) for Afghanistan and other...
Hospital-Based Emergency Departments: Background and Policy Considerations
Hospital-based Emergency Departments (EDs) are required to stabilize patients with emergent conditions regardless of the patients’ ability to pay as a requirement of the Emergency Medical Treatment and Active Labor Act (EMTALA). Given this requirement, EDs play an important part in the health care safety net by serving the uninsured, the underserved, and those enrolled in Medicaid. Open 24 hours a day, EDs provide emergency care, urgent care, primary care, and behavioral health care services in communities where these services are unavailable or unavailable after hours. EDs also play a key...
Security Assistance Reform: “Section 1206” Background and Issues for Congress
Section 1206 of the National Defense Authorization Act (NDAA) for Fiscal Year 2006, as amended and regularly extended, provides the Secretary of Defense with authority to train and equip foreign military forces for two specified purposes—counterterrorism and stability operations—and foreign security forces for counterterrorism operations. Section 1206 authority now extends through FY2017.
The conference version of the FY2015 NDAA somewhat modifies a Senate Armed Services Committee (SASC) proposal it its version of the FY2015 NDAA to codify this authority as permanent law under Title 10....
Nuclear Energy Cooperation with Foreign Countries: Issues for Congress
U.S. civil nuclear cooperation agreements (“123” agreements), which are bilateral agreements with other governments or multilateral organizations, have several important goals, including promoting the U.S. nuclear industry, which is increasingly dependent on foreign customers and suppliers, and preventing nuclear proliferation. Increased international interest in nuclear power has generated concern that additional countries may obtain fuel-making technology that could also be used to produce fissile material for nuclear weapons. Ensuring the peaceful use of transferred nuclear technology...
Closing a Congressional Office: Overview of House and Senate Practices
Turnover of membership in the House and Senate necessitates closing congressional offices. The closure of a congressional office requires an outgoing Member of Congress to evaluate pertinent information regarding his or her staff; the disposal of personal and official records; and final disposition of office accounts, facilities, and equipment. In the past several years, the House and Senate have developed extensive resources to assist Members in closing their offices. These services are most typically used at the end of a Congress, when a Member’s term of service ends, but most of the...
The Receipt of Gifts by Federal Employees in the Executive Branch
This report provides information on the federal statutes, regulations, and guidelines concerning the restrictions on the acceptance of gifts and things of value by officers or employees in the executive branch of the United States government. The laws and regulations on the receipt of “gifts” by executive branch personnel provide, generally, that an employee may not solicit or accept a gift: (1) if the gift is from a “prohibited source” or (2) if the gift is given because of the employee’s official position. A “prohibited source” under the regulations is one who seeks official action...
Preventing the Introduction and Spread of Ebola in the United States: Frequently Asked Questions
Throughout 2014, an outbreak of Ebola virus disease (EVD) has outpaced the efforts of health workers trying to contain it in three West African countries: Guinea, Liberia, and Sierra Leone. (These are often referred to as “affected countries” or “countries with widespread transmission.” In mid-November, 2014, Ebola transmission also occurred for the second time in neighboring Mali. The extent of spread in Mali remains to be seen.) EVD cases have been imported to other countries, including the United States, where two nurses were infected while caring for a patient who had traveled from...
Army Active Component (AC)/Reserve Component (RC) Force Mix: Considerations and Options for Congress
The Army is composed of both an Active Component (AC) and a Reserve Component (RC). The AC consists of soldiers who are in the Army as their full-time occupation. The RC is composed primarily of soldiers who serve part-time but who can be ordered to full-time duty. The Army’s RC is made up of both the Army National Guard (ARNG) and the United States Army Reserve (USAR). AC/RC force mix refers to the distribution of units between the active and reserve components of the armed forces.
The congressional role in AC/RC force mix is most obvious in its authorization of end strengths for the...
Congressional Authority to Direct How States Administer Elections
In the United States, states have primary responsibility for the administration of federal elections. The federal government, however, has significant authority to determine how these elections are run, and may direct states to implement such federal regulations as the federal government provides. This authority can extend to registration, voting, reporting of results, or even more fundamental aspects of the election process such as redistricting. This report focuses on Congress’s constitutional authority to regulate how states administer elections.
Congress’s authority to regulate a...
One of the chief objectives of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) is to promote financial stability within the United States, without the need for emergency governmental assistance to troubled firms. To achieve this goal, the DFA establishes a heightened regulatory regime for certain, generally large “covered financial institutions.” A pillar of this heightened regulatory regime is that each covered financial institution must submit “credible” plans to the Board of Governors of the Federal Reserve System (FRB) and the Federal Deposit Insurance Corporation...
Unapproved Genetically Modified Wheat Discovered in Oregon and Montana: Status and Implications
The U.S. Department of Agriculture (USDA) announced on May 31, 2013, that a variety of genetically engineered (GE) wheat had been discovered in a field in eastern Oregon. No varieties of genetically modified wheat have been approved, or deregulated, by the Animal Plant and Health Inspection Service (APHIS), the USDA agency responsible for regulating the release of GE plants into the environment. Release of GE plants into the natural environment is regulated by APHIS under the Plant Protection Act (PPA, 7 U.S.C. 7701 et seq.), as amended.
APHIS began a formal investigation in early May...
The Hurricane Sandy Rebuilding Strategy: In Brief
< SUPPRESS > KEY TERMS FOR SEARCH: Hurricane Sandy Superstorm Sandy Hurricane Rebuilding Strategy Recovery Disaster Recovery Executive Order 13632 E.O. 13632 Hurricane Sandy Rebuilding Task Force HUD Task Force Hurricane Sandy recovery P.L. 113-2
Attorney General Nominations Since the Reagan Administration
On November 9, 2014, President Obama announced his intention to nominate U.S. Attorney Loretta E. Lynch to replace Eric H. Holder Jr. as Attorney General (AG). Presidents have nominated a total of 11 individuals, including Lynch, for the position of AG since the beginning of the Reagan Administration in 1981. This report provides a table with information regarding these 11 nominations.
State Marijuana Legalization Initiatives: Implications for Federal Law Enforcement
Marijuana is the most commonly used illicit drug in the United States. In 2013, an estimated 19.8 million individuals in the United States aged 12 or older (7.5% of this population) had used marijuana in the past month. While reported marijuana use is similar to that in 2012, it has generally increased since 2007 when 5.8% of individuals aged 12 or older were current users of marijuana. Mirroring this increase in use, marijuana availability in the United States has also increased. This growth has been linked to factors such as rising marijuana production in Mexico, and increasing marijuana...
U.S. Rail Transportation of Crude Oil: Background and Issues for Congress
North America is experiencing a boom in crude oil supply, primarily due to growing production in the Canadian oil sands and the recent expansion of shale oil production from the Bakken fields in North Dakota and Montana as well as the Eagle Ford and Permian Basins in Texas. Taken together, these new supplies are fundamentally changing the U.S. oil supply-demand balance. The United States now meets 66% of its crude oil demand from production in North America, displacing imports from overseas and positioning the United States to have excess oil and refined products supplies in some...
Following are selected highlights of S. 1847, the version of the National Defense Authorization Act (NDAA) for FY2015, agreed to on December 2, 2014, by negotiators for the House and Senate Armed Services Committees.
On May 22, 2014, by a vote of 325-98, the House passed H.R. 4435, a version of the FY2015 NDAA that had been reported by the House Armed Services Committee. On the same day, the Senate Armed Services Committee reported S. 2410, its version of the FY2015 NDAA. To expedite final action on the bill (since the Senate did not take up S. 2410), negotiators from the House and Senate...
Medicaid Home and Community-Based Settings Final Rule: In Brief
On January 16, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a final rule for Medicaid participants receiving home and community-based services (HCBS). Effective March 17, 2014, the rule establishes certain requirements for home and community-based settings. To receive federal reimbursement, states must ensure that Medicaid HCBS are delivered in such settings. CMS states that the purpose of the rule is to ensure that Medicaid participants have full access to community living and opportunities to receive Medicaid services in the most integrated setting appropriate....
Medal of Honor Recipients: 1979-2014
The Medal of Honor (MOH) is the nation’s highest award for military valor. It is presented by the President in the name of Congress and is often called the Congressional Medal of Honor. Since its first presentation in 1863, nearly 3,500 MOHs have been awarded. In 1973, the Senate Committee on Veterans’ Affairs issued a committee print, Vietnam Era Medal of Honor Recipients 1964-72, followed by the committee print, Medal of Honor Recipients: 1863-1978, in 1979. Both committee prints list recipients and provide the full text of the citation, which describes the actions that resulted in the...
The Corporate Income Tax System: Overview and Options for Reform
Many economists and policy makers believe that the U.S. corporate tax system is in need of reform. There is, however, disagreement over why the corporate tax system needs to be reformed, and what specific policy measures should be included in a reform. To assist policy makers in designing and evaluating corporate tax proposals, this report (1) briefly reviews the current U.S. corporate tax system; (2) discusses economic factors that may be considered in the corporate tax reform debate; and (3) presents corporate tax reform policy options, including a brief discussion of current corporate...
What Is the Current State of the Economic Recovery?
This report discusses the U.S. economy's recovery from the 2007-2009 recession.
EPA Delays Decision on 2014 Renewable Fuel Standard to 2015
This report discusses the 2014 Renewable Fuel Standard (RFS) that sets the annual minimum use requirements for biofuels in the nation's transportation fuel supply.
Energy-Water Nexus: The Energy Sector’s Water Use
Water and energy are critical resources that are reciprocally linked; this interdependence is often described as the water-energy nexus. Meeting energy-sector water needs, which are often large, depends upon the local availability of water for fuel production, hydropower generation, and thermoelectric power plant cooling. The U.S. energy sector’s use of water is significant in terms of water withdrawals and water consumption. Thermoelectric cooling represented 38% of freshwater withdrawn nationally and 45% of all water (fresh and saline) withdrawn in 2010, and the broader energy sector’s...
Employment Growth and Progress Toward Full Employment
This report provides figures on job growth since October 2010 to the second half of 2012.
The Budget Control Act and Trends in Discretionary Spending
Discretionary spending is provided and controlled through appropriations acts, which fund many of the activities commonly associated with such federal government functions as running executive branch agencies, congressional offices and agencies, and international operations of the government. Essentially all spending on federal wages and salaries is discretionary. Spending can be measured by budget authority (BA; what agencies can legally obligate the government to pay) or outlays (disbursements from the U.S. Treasury). This report mostly discusses trends in outlays.
Federal spending in...
U.S. Secret Service Protection Mission Funding and Staffing: Fact Sheet
U.S. Secret Service Presidential protection White House Security U.S. Secret Service appropriations U.S. Secret Service staffing U.S. Secret Service Police U.S. Secret Service Uniformed Division
A Federal Pause in Potentially Risky Influenza Research
This report briefly discusses a recently implemented federal research moratorium that has highlighted concerns about the general appropriateness of research on biological pathogens and the sufficiency of certain biosecurity efforts.
The Obama Administration’s November 2014 Immigration Initiatives: Questions and Answers
On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to “fix” what he has repeatedly described as a “broken immigration system.” Following the President’s address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future. These actions generally involve either border security, the current unlawfully present population, or future legal immigration.
The most notable of these actions, for many...
U.S. Greenhouse Gas Emissions: Recent Trends and Factors
On June 25, 2013, President Obama affirmed his commitment to reduce U.S. greenhouse gas (GHG) emissions by 17% below 2005 levels by 2020 if all other major economies agreed to limit their emissions as well. In addition, during a November 2014 trip to China, President Obama announced a new policy target to reduce U.S. net GHG emissions by 26%-28% by 2025. Whether these objectives will be met is uncertain, but emission levels and recent trends remain a topic of interest among policy makers.
U.S. GHG emissions increased during most of the years between 1990 and 2007, and then decreased...
Membership of the 113th Congress: A Profile
This report presents a profile of the membership of the 113th Congress (2013-2014). Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.
As of November 24, 2014, in the House of Representatives, there are 234 Republicans, 207 Democrats (including 5 Delegates and the Resident Commissioner), and no vacant seats. The Senate has 45 Republicans, 53 Democrats, and 2 Independents, who caucus...
This report briefly discusses current requirements under the Federal Information Security Management Act (FISMA) and two bills currently being considered by Congress that would revise the conditions and authority granted by FISMA.
Welfare, Work, and Poverty Status of Female-Headed Families with Children: 1987-2013
Eighteen years have passed since repeal of what was the nation’s major cash welfare program assisting low-income families with children, the Aid to Families with Dependent Children (AFDC) program, and its replacement with a block grant of Temporary Assistance for Needy Families (TANF). This report focuses on trends in the economic well-being of female-headed families with children, the principal group affected by the replacement of AFDC with TANF. Female-headed families and their children are especially at risk of poverty, and children in such families account for well over half of all...
Energy Efficiency: DOE’s Regional Standards for Indoor (Non-Weatherized) Residential Gas Furnaces
This report reviews the background, regulatory framework, and policy issues that have shaped the debate over regional energy efficiency standards for residential natural gas furnaces. Those furnaces are the most common type of home heating appliance. While the scope of the report is limited to that one type of furnace, much of the discussion also applies to standards for other furnaces and to standards for residential central air conditioners and heat pumps.
A 1987 statutory congressional directive set gas furnace standards for 1992 and directed the Department of Energy (DOE) to consider...
Overview of the Federal Tax System
The major sources of federal tax revenue are individual income taxes, Social Security and other payroll taxes, corporate income taxes, excise taxes, and estate and gift taxes. This report describes the federal tax structure, provides some statistics on the tax system as a whole, and presents analysis of selected tax concepts.
The federal income tax is levied on an individual’s taxable income, which is adjusted gross income (AGI) less deductions and exemptions. Tax rates, based on filing status (e.g., married filing jointly or single individual) determine the level of tax liability. Tax...
Jerusalem: Recent Israeli-Palestinian Tensions and Violence
This report discusses Israeli-Palestinian tension in the wake of the November 20th attack by two Palestinian men that left four Israelis dead in a West Jerusalem Synagogue.
U.S. Family Wealth from 1989 to 2013: Evidence and Analysis
U.S. family wealth has been an underlying consideration in congressional deliberations on various issues, including education, taxation, social welfare, and recovery from the 2007-2009 recession. This report analyzes the change over time in the level and concentration of family wealth as measured by net worth (i.e., assets minus liabilities) to help inform those policy deliberations.
According to the Federal Reserve’s latest Survey of Consumer Finances (SCF), in 2013, mean family net worth was $534,600 and median family net worth was $81,200. The median is the value at which one-half of...
Food Recalls and Other FDA Administrative Enforcement Actions
The U.S. Food and Drug Administration (FDA) ensures the safety of all food except for meat, poultry, and certain egg products over which the U.S. Department of Agriculture (USDA) has regulatory oversight. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the FDA has the authority to regulate the manufacturing, processing, and labeling of food with the primary goal of promoting food safety.
Congress has granted the FDA the authority to take both administrative and judicial enforcement actions. The agency initiates and carries out administrative enforcement actions while judicial...
Natural Gas for Cars and Trucks: Options and Challenges
The increase in domestic supplies of natural gas has raised new interest in expanding its use in the transportation sector. This report considers issues related to wider use of natural gas as a fuel in passenger cars and commercial vehicles.
The attractiveness of natural gas as a vehicle fuel is premised in large part on its low price (on an energy-equivalent basis) compared to gasoline and diesel fuel. When prices for gasoline and diesel are relatively low or natural gas prices are relatively high, natural-gas-based fuels lose much of their price advantage. While natural gas has other...
Veterans Affairs: Presumptive Service Connection and Disability Compensation
The United States has provided benefits in varying degrees to those who have worn the uniform and suffered disabilities in service to the nation. In general, a veteran is entitled to compensation for disabilities incurred in or aggravated during active military, naval, or air service. It should be noted that not all persons who served in the military are considered veterans for purposes of veterans benefits. Veterans could meet the burden of proving that their disabilities are service-connected through their military records, which may clearly describe and document the circumstances and...
Veterans Exposed to Agent Orange: Legislative History, Litigation, and Current Issues
The U.S. Armed Forces used a variety of chemical defoliants to clear dense jungle land in Vietnam during the war. Agent Orange (named for the orange-colored identifying stripes on the barrels) was by far the most widely used herbicide during the Vietnam War. Many Vietnam-era veterans believe that their exposure to Agent Orange caused them to contract several diseases and caused certain disabilities, including birth defects in their children, and now their grandchildren.
The Department of Veterans Affairs (VA) received the first claims asserting conditions related to Agent Orange in 1977....
Adult Education and Family Literacy Act: Major Statutory Provisions
The Adult Education and Family Literacy Act (AEFLA) is the primary federal legislation that supports basic education for out-of-school adults. Commonly called “adult education,” the programs and activities funded by AEFLA typically support educational services at the secondary level and below, as well as English language training. Actual educational services are typically provided by local entities.
AEFLA was created by Title II of the Workforce Investment Act of 1998 (WIA; P.L. 105-220). The authorization of appropriations under WIA lapsed after FY2003, though the program continued to be...
Under Title IV-E of the Social Security Act, states, territories, and tribes are entitled to claim partial federal reimbursement for the cost of providing foster care, adoption assistance, and kinship guardianship assistance to children who meet federal eligibility criteria. The Title IV-E program, as it is commonly called, provides support for monthly payments on behalf of eligible children, as well as funds for related case management activities, training, data collection, and other costs of program administration. For FY2013, states spent $12.3 billion under the Title IV-E program (both...
Agriculture in the WTO Bali Ministerial Agreement
Congressional Research Service 7-5700 www.crs.gov R43592 Summary At the World Trade Organization’s (WTO’s) Ninth Ministerial Conference in Bali, Indonesia, December 3-7, 2013, ministers adopted the so-called Bali Package—a series of decisions aimed at streamlining trade (referred to as trade facilitation), allowing developing countries more options for providing food security, boosting least-developed-country trade, and helping development more generally. The Bali Package represents the first multilateral trade deal in nearly two decades; however, it covers only a small fraction of the...
President Obama's November 2014 Visit to China: The Bilateral Agreements
This report discusses President Obama's visit to China, in November-10-12. The purpose of the visit was focused on increasing cooperation on global and regional challenges such as climate change, global economic governance, non-proliferation, and pandemic diseases like Ebola; improving the military-to-military relationship; and expanding business and people-to-people ties.
Federal Proposals to Tax Marijuana: An Economic Analysis
The combination of state policy and general public opinion favoring the legalizing of marijuana has led some in Congress to advocate for legalization and taxation of marijuana at the federal level. The Marijuana Tax Equity Act of 2013 (H.R. 501) would impose a federal excise tax of 50% on the producer and importer price of marijuana. The National Commission on Federal Marijuana Policy Act of 2013 (H.R. 1635) proposes establishing a National Commission on Federal Marijuana Policy that would review the potential revenue generated by taxing marijuana, among other things.
This report focuses...
Childhood Overweight and Obesity: Data Brief
In children and adolescents, obesity is defined as being at or above the 95th percentile of the age- and sex-specific body mass index (BMI); overweight is defined as being between the 85th and 94th percentiles, based on growth charts developed by the Centers for Disease Control and Prevention. Over the past three decades, obesity has become a major public health problem, capturing the interest of health care professionals, policymakers, schools, employers, and the media. Although obesity rates have stabilized over the past decade, almost 32% of U.S. children and adolescents between the...
When Will DOD Modernize its Electronic Health Records Systems?
This report discusses the Departments of Defense (DOD) efforts to mover from joint single integrated electronic health record to an "off-the-shelf" acquisition and VA announced it would pursue an "open-source" strategy.
FEMA’s Disaster Declaration Process: A Primer
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (referred to as the Stafford Act—42 U.S.C. 5721 et seq.) authorizes the President to issue “major disaster” or “emergency” declarations before or after catastrophes occur. Emergency declarations trigger aid that protects property, public health, and safety and lessens or averts the threat of an incident becoming a catastrophic event. Given their purpose, the emergency declarations may precede an event. A major disaster declaration is generally issued after catastrophes occur, and constitutes broader authority for federal...
Medicaid Prescription Drug Pricing and Policy
Medicaid is a federal-state entitlement program that pays for health care and related services on behalf of certain low-income individuals. Prescription drugs are an optional Medicaid benefit and all states cover outpatient drugs. States can create formularies, or lists of preferred drugs, but federal rules tend to result in comprehensive coverage, even for beneficiaries enrolled in Medicaid managed care plans. Pharmaceutical manufacturers that voluntarily participate in Medicaid are required to pay rebates to states on covered outpatient drugs, which help Medicaid receive manufacturers’...
Expired and Expiring Temporary Tax Provisions (“Tax Extenders”)
Dozens of temporary tax provisions expired at the end of 2013, and several other temporary tax provisions are scheduled to expire at the end of 2014. Most of the provisions that expired at the end of 2013 have been part of past temporary tax extension legislation. Most recently, many temporary tax provisions were extended as part of the American Taxpayer Relief Act (ATRA; P.L. 112-240). Collectively, temporary tax provisions that are regularly extended by Congress—often for one to two years—rather than being allowed to expire as scheduled are often referred to as “tax extenders.”
The...
Unemployment Insurance: Legislative Issues in the 113th Congress
The 113th Congress continues to face numerous issues related to unemployment insurance programs: Unemployment Compensation (UC), the temporary, now-expired Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). With the national unemployment rate decreasing but still high, the interest in extended unemployment benefits continues at elevated levels.
P.L. 112-240 extended the authorization for the EUC08 program until the week ending on or before January 1, 2014 (December 28, 2013, for most states). In addition, P.L. 112-240 extended the 100% federal financing of the EB...
U.S. Geological Survey: Background, Appropriations, and Issues for Congress
The U.S. Geological Survey (USGS) aims to provide unbiased scientific information to describe and understand the geological processes of the Earth; minimize loss of life and property from natural disasters; manage water, biological, energy, and mineral resources; and enhance and protect the nation’s quality of life. The USGS is a scientific agency that is housed within the Department of the Interior. Its primary mission is conducting science; it has no regulatory authority, nor does it manage any significant federal lands. The USGS also collects and stores scientific information that is...
The Temporary Assistance for Needy Families Block Grant: An Overview
The Temporary Assistance for Needy Families (TANF) block grant provides grants to states, Indian tribes, and territories for a wide range of benefits, services, and activities that address economic and social disadvantage for families with children. TANF is best known for funding state cash assistance programs for needy families with children, and it was created in the 1996 welfare reform law. However, TANF is not synonymous with cash assistance. In FY2013, only 28% of federal and state TANF dollars were for cash assistance.
The bulk of federal TANF funding is in a fixed block grant,...
Summary of the Small Business Health Insurance Tax Credit Under ACA
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a number of provisions intended to improve access to small group health insurance coverage. One of the provisions is the small business health insurance tax credit. Certain non-profit and for-profit small employers may be eligible for the credit, provided they cover at least 50% of the cost of each of their employees’ self-only health insurance premiums.
Beginning in 2014, the credit is generally available only to qualifying employers that purchase health insurance coverage through a small business...
The Federal Budget: Overview and Issues for FY2015 and Beyond
The federal budget is central to Congress’s ability to exercise its “power of the purse.” Each fiscal year Congress and the President undertake a variety of steps intended to set levels of spending and revenue and to make policy decisions. The purpose of this report is to provide an overview and background on the current budget debate. This report will track legislative events related to the federal budget and will be updated as budgetary legislation moves through Congress.
In recent years, policies enacted to restrain spending, along with a stronger economy, have led to reductions in the...
Treating Ebola Patients in the United States: Health Care Delivery Implications
This report discusses the recent response to Ebola patients in the United States. While the U.S. health care system has the resources to effectively identify and treat Ebola cases, a situation that is novel, emergent, and resource-intensive may test the system's ability to effectively mobilize those resources.
Immigration Legislation and Issues in the 113th Congress
Immigration reform was an active legislative issue in the first session of the 113th Congress. The Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), a comprehensive immigration reform bill that includes provisions on border security, interior enforcement, employment eligibility verification and worksite enforcement, legalization of unauthorized aliens, immigrant visas, nonimmigrant visas, and humanitarian admissions. For its part, the House took a different approach to immigration reform. Rather than considering a single comprehensive...
Qatar: Background and U.S. Relations
Qatar, a small peninsular country in the Persian Gulf, emerged as a partner of the United States in the mid-1990s and currently serves as host to major U.S. military facilities. Qatar holds the third-largest proven natural gas reserves in the world, and is the largest exporter of liquefied natural gas. Its small citizenry enjoys the world’s highest per capita income. Since the mid-1990s, Qatari leaders have overseen a course of major economic growth, increased diplomatic engagement, and limited political liberalization. The Qatari monarchy founded Al Jazeera, the first all-news Arabic...
EPA's Clean Power Plan Proposal: Are the Emission Rate Targets Front-Loaded?
On June 18, 2014, the Environmental Protection Agency (EPA) proposed regulations (the "Clean Power Plan") addressing carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. This report briefly discusses this proposal.
The Earned Income Tax Credit (EITC): Legislation in the 113th Congress
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. (Because the credit is refundable, an EITC recipient need not owe taxes to receive the benefit.) Under current law, the EITC is calculated based on a recipient’s earnings, using one of eight different formulas, which vary depending on several factors, including the number of qualifying children a tax filer has (zero, one, two, or three or more) and his or her marital status (unmarried or married).
All else being equal, the amount of the credit tends to increase with...
America COMPETES Acts: FY2008 to FY2013 Funding Tables
Changing economic, social, and political conditions at home and abroad have led some analysts to question whether the United States will remain globally competitive in the coming decades. In response to these and closely related concerns, Congress enacted the 2007 America COMPETES Act (P.L. 110-69), as well as its successor, the America COMPETES Reauthorization Act of 2010 (P.L. 111-358). These acts were broadly designed to invest in innovation through research and development and to improve U.S. competitiveness. More specifically, the acts authorized increased funding for certain physical...
Leverage Ratios in Bank Capital Requirements
This report provides a summary of leverage ratios used in bank capital requirements. It also explains the concept of leverage and the rationale behind a leverage ratio.
Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications
Designating funds within appropriations legislation for specified projects or locations has been a way for Congress to help communities meet needs to build and upgrade water infrastructure systems, whose estimated future funding needs exceed $630 billion. Such legislative action has often been popularly referred to as earmarking. This report discusses appropriations for water infrastructure programs of the Environmental Protection Agency (EPA), focusing on such designations in the account that funds these programs. Information on the programmatic history of EPA involvement in assisting...
Small Business Health Options Program (SHOP) Exchange
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a number of provisions intended to improve access to health insurance coverage. Among these are provisions that apply to the small group market to address perceived problems in the market, including low offer rates among smaller employers and the sometimes prohibitive cost of health plans available in the small group market.
The small business health option program (SHOP) exchanges are among the ACA provisions directed at the small group market. SHOP exchanges are marketplaces where private health...
Mobile Technology and Spectrum Policy: Innovation and Competition
This report traces the current and possible future evolution of mobile communications networks and some of the changes in spectrum policy that might better accommodate innovation.
U.S. and International Health Responses to the Ebola Outbreak in West Africa
In March 2014, an Ebola Virus Disease (EVD) outbreak was reported in Guinea, West Africa. The outbreak is the first in West Africa and has caused an unprecedented number of cases and deaths. The outbreak is continuing to spread in Guinea, Sierra Leone, and Liberia (the “affected countries”); it has been contained in Nigeria and Senegal, and has been detected in Mali. As of October 22, 2014, more than 10,000 people have contracted EVD, more than half of whom have died.
Until October 2014, no secondary EVD cases had occurred outside of Africa. That month, health workers in Spain and the...
Children depend on adults—usually their parents—to protect, support, and nurture them in their homes. The broadest mission of public child welfare agencies is to strengthen all families in ways that ensure children can depend on their parents to protect their safety, ensure they have a stable and permanent home, and enhance their well-being. More specifically, public child welfare agencies are expected to identify families where children are at risk of abuse or neglect and to provide services to prevent maltreatment. Public child welfare agencies are also expected to identify children who...
Federal Funding for Health Insurance Exchanges
Pursuant to the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended), a health insurance exchange has been established in each state and the District of Columbia (DC). Exchanges are marketplaces where individuals and small businesses can “shop” for health insurance coverage.
The ACA instructed each state to establish its own state-based exchange (SBE). If a state elected not to create an exchange or if the Secretary of Health and Human Services (HHS) determined a state was not prepared to operate an exchange, the law directed HHS to establish a federally facilitated...
Spectrum Needs of Self-Driving Vehicles
This report discusses issues with the operation and implementation of communication systems for self-driving vehicles.
Drought Policy, Response, and Preparedness
This report examines the various ways Congress and other federal, state, and local policymakers are considering to prepare for and respond to drought; how to coordinate actions and assign responsibilities; and who bears the costs of impacts, disaster response, and long-term adjustment to drought.
Landsat: Overview and Issues for Congress
On February 11, 2013, NASA launched Landsat 8, a remote sensing satellite jointly operated by the U.S. Geological Survey and NASA. Landsat 8 is the latest in a series of Earth-observing satellites that began on July 23, 1972, with the launch of Landsat 1. Landsat has been used in a wide variety of applications, including land use planning, agriculture, forestry, natural resources management, public safety, homeland security, climate research, and natural disaster management, among others. A question for Congress is, should there be a Landsat 9? More generally, should Congress support the...
Congress has long been concerned with the well-being of older youth in foster care and those who have recently emancipated from care without going to a permanent home. Research on this population is fairly limited, and the few studies that are available have focused on youth who live in a small number of states. This research has generally found that youth who spend time in foster care during their teenage years tend to have difficulty as they enter adulthood and beyond.
The Chafee Foster Care Independence Act (P.L. 106-169), enacted in 1999, specified that state child welfare agencies...
Intelligence Whistleblower Protections: In Brief
Intelligence whistleblowers are generally Intelligence Community (IC) employees or contractors who bring to light allegations of agency wrongdoings by, for example, disclosing information on such wrongdoings to congressional intelligence committees. Such disclosures can aid oversight of, or help curb misconduct within, intelligence agencies. However, intelligence whistleblowers could face retaliation from their employers for their disclosures, and the fear of such retaliation may deter whistleblowing. Congress and President Obama have taken measures to protect certain intelligence...
State CO2 Emission Rate Goals in EPA’s Proposed Rule for Existing Power Plants
On June 18, 2014, the Environmental Protection Agency (EPA) published a proposed rulemaking that would establish guidelines for states to use when developing plans that address carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. The proposal creates CO2 emission rate goals—measured in pounds of CO2 emissions per megawatt-hour (MWh) of electricity generation—for each state to achieve by 2030 and an interim goal to be achieved “on average” between 2020 and 2029. EPA estimates that if the states achieve their individual emission rate goals in 2030, the...
Medicare is the nation’s health insurance program for individuals aged 65 and over and certain disabled persons. Medicare consists of four distinct parts: Part A, or Hospital Insurance (HI); Part B, or Supplementary Medical Insurance (SMI); Part C, or Medicare Advantage (MA); and Part D, the outpatient prescription drug benefit. The Part A program is financed primarily through payroll taxes levied on current workers and their employers; these are credited to the HI trust fund. The Part B program is financed through a combination of monthly premiums paid by current enrollees and general...
Brazil's October 2014 Presidential Election
This report briefly discusses the results of Brazil's recent elections and potential policy shifts.
The Earned Income Tax Credit (EITC): An Overview
This report discusses the earned income tax credit (EITC), established in the tax code in 1975, which offers cash aid to working parents with relatively low incomes who care for dependent children.
Turkey-U.S. Cooperation Against the "Islamic State": A Unique Dynamic?
This report discusses the U.S.'s relationship with Turkey in fighting the Islamic State (IS, also known as ISIS or ISIL): "[The] U.S. strategic objectives regarding cooperation with Turkey, a NATO member and Sunni Muslim-majority country, in countering the Islamic State (IS, also known as ISIS or ISIL) in Syria and Iraq appear to include: avoiding attacks on or the destabilization of Turkey; minimizing the use of Turkish territory by extremists; and using Turkish territory and airspace and/or partnering with Turkish forces for military purposes and to further strengthen and diversify Sunni...
House Committee Jurisdiction and Referral: Rules and Practice
Committee jurisdiction is determined by a variety of factors. Paramount is House Rule X, which designates the subject matter within the purview of each standing committee. House Rule X, however, is both largely broad and the product of an era in which governmental activity was not so extensive and relations among policies not so intertwined as now. Most of Rule X was drawn from 19th and 20th century precedents and codified in the Legislative Reorganization Act of 1946. Although the rule underwent modest revisions in 1974 and 1980, as well as more extensive changes in the 104th and 109th...
Palestinian Authority: U.S. Payments to Creditors as Alternative to Direct Budgetary Assistance?
A September 24, 2014, congressional notification (CN) from the U.S. Agency for International Development (USAID) may reflect a new executive branch approach in assisting the Palestinian Authority (PA) to pay off some of the debts it incurs in providing various benefits and services to West Bank and Gaza residents. The CN indicates that USAID plans to obligate a total of $100 million in FY2014 bilateral economic assistance for the Palestinians toward direct U.S. payments to PA creditors. This report briefly discusses the details and implications of this new alternative method.
History of the Clery Act: Fact Sheet
This report summarizes legislative changes that have been made to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act, 20 U.S.C. 1092) since it was originally enacted as Title II of the Student Right-to-Know and Campus Security Act of 1990 (P.L. 101-542).
Procedural Distinctions Between the House and the Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov 98-143 Summary The Committee of the Whole House on the state of the Union, generally referred to as the Committee of the Whole, is a parliamentary device provided for under House rules to allow the House to operate as a committee on which every Member of the House serves. Through this practice, dating to colonial and English antecedents, the House is able to realize a procedural benefit from having established two somewhat different sets of rules to govern consideration of various types of measures. Measures placed on the Union Calendar...
House Committees: Categories and Rules for Committee Assignments
Both House and party rules detail procedures for committee assignments. House rules address the election and membership of committees, especially limitations on membership. The Democratic Caucus and Republican Conference rules designate categories of committees (shown in Table 1) and specify service limitations in addition to those in the House rules.
Smartphone Data Encryption: A Renewed Boundary for Law Enforcement?
This report briefly examines new issues for law enforcement regarding data encryption and smartphones including cyber-criminals and Apple's new privacy policy that removes the back-doors that law enforcement used to be able to use to access user data.
Bonus Depreciation: Economic and Budgetary Issues
The Expiring Provisions Improvement Reform and Efficiency (EXPIRE) Act (S. 2260) would extend expiring provisions, including bonus depreciation. The Jobs for America Act (H.R. 4) would make bonus depreciation permanent. The temporary provisions enacted in the past for only a year or two and extended many times are generally referred to collectively as the “extenders.” One reason advanced for these extenders is that time is needed to evaluate them. Most provisions have been extended multiple times, and some suggest they are actually permanent but are extended a year or two at a time because...
The Preventing Sex Trafficking and Strengthening Families Act (H.R. 4980), an omnibus bill that includes both child welfare and child support provisions, was signed into law on September 29, 2014, as P.L. 113-183. The bill received broad congressional support, passing the House by voice vote (under suspension of the rules) on July 23, 2014, and the Senate by unanimous consent on September 18, 2014.
P.L. 113-183 amends the federal foster care program to require state child welfare agencies to develop and implement procedures for identifying, documenting in agency records, and determining...
Labor, Health and Human Services, and Education: FY2014 Appropriations
This report provides an overview of actions taken by Congress to provide FY2014 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED) appropriations bill. The L-HHS-ED bill provides funding for all accounts subject to the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the Agriculture...
Nuclear energy issues facing Congress include reactor safety and regulation, radioactive waste management, research and development priorities, federal incentives for new commercial reactors, nuclear weapons proliferation, and security against terrorist attacks.
The earthquake and resulting tsunami that severely damaged Japan’s Fukushima Daiichi nuclear power plant on March 11, 2011, raised questions in Congress about the disaster’s possible implications for nuclear safety regulation, U.S. nuclear energy expansion, and radioactive waste policy. The tsunami knocked out electric power at the...
EPA's Upcoming Ozone Standard: How Much Will Compliance Cost?
This report briefly discusses upcoming changes in climate policy and cost associated with them. The Environmental Protection Agency (EPA) is under a court order to complete a review of its ambient air quality standard for ozone (the "ozone NAAQS") by October 1, 2015. The agency must propose any change to the standard by December 1 of [2014].
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of CFAA and some of its federal statutory companions, including the amendments found in the Identity...
Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of CFAA and some of its federal statutory companions, including the amendments found in the Identity...
Increased Department of Defense Role in U.S. Ebola Response
On September 16, 2014, President Obama announced a major increase in the United States response to the current Ebola outbreak in West Africa. The Department of Defense (DOD) submitted requests to Congress to make excess Overseas Contingency Operations funds appropriated for FY2014 available to support this effort. This report briefly outlines these requests.
Same-Sex Marriage: A Legal Background After United States v. Windsor
This report discusses the recognition of same-sex marriage that generates debate on both the federal and state levels.
Federal and State Quarantine and Isolation Authority
In the wake of increasing fears about the spread of highly contagious diseases, federal, state, and local governments have become increasingly aware of the need for a comprehensive public health response to such events. An effective response could include the quarantine of persons exposed to infectious biological agents that are naturally occurring or released during a terrorist attack, the isolation of infected persons, and the quarantine of certain cities or neighborhoods.
The public health authority of the states derives from the police powers granted by their constitutions and reserved...
Since the 1970s, Morocco and the independence-seeking Popular Front for the Liberation of Saqiat al Hamra and Rio de Oro (Polisario) have vied, at times violently, for control of the Western Sahara, a former Spanish colony. In 1991, the United Nations (U.N.) arranged a cease-fire and proposed a settlement plan calling for a referendum to allow the people of the Western Sahara to choose between independence and integration into Morocco. A long deadlock on determining the electorate for a referendum ensued. (The number of Sahrawis, as the indigenous people of Western Sahara are known, is...
On July 6, 2012, P.L. 112-141, the Moving Ahead for Progress in the 21st Century Act (MAP-21), was signed into law. Section 100121 of P.L. 112-141 provides authority for a new phased retirement option for certain federal employees.
Phased retirement allows eligible, full-time employees covered by the Civil Service Retirement System (CSRS) or the Federal Employees’ Retirement System (FERS) to move to a part-time work schedule while simultaneously receiving partial retirement benefits. Employees participating in phased retirement, with the exception of U.S. Postal Service employees, must...
Youth Transitioning from Foster Care: Issues for Congress
Recent research has demonstrated that compared to their peers current and former foster youth are more likely to experience negative outcomes in adulthood. This research, along with the efforts of policy makers and child welfare advocates, has brought greater attention to the challenges facing older youth in care and those transitioning from foster care. In response, Congress has sought to improve existing services and provide additional supports for this population through legislation. The 110th Congress passed the Fostering Connections to Success and Increasing Adoptions Act of 2008...
Federal Pollution Control Laws: How Are They Enforced?
As a result of enforcement actions and settlements for noncompliance with federal pollution control requirements, the U.S. Environmental Protection Agency (EPA) reported that, during FY2013, regulated entities committed to invest an estimated $7.0 billion for judicially mandated actions and equipment to control pollution (injunctive relief), and $22.0 million for implementing mutually agreed-upon (supplemental) environmentally beneficial projects. EPA estimated that these compliance/enforcement efforts achieved commitments to reduce or eliminate 1.3 billion pounds of pollutants in the...
Beverage Industry Pledges to Reduce Americans' Drink Calories
This report briefly covers recent initiatives by leading beverage companies to curb the obesity epidemic.
Ebola: Basics About the Disease
Will be suppressed. In March 2014, global health officials recognized an outbreak of Ebola virus disease (EVD) in Guinea, West Africa. In retrospect, officials determined that the outbreak began in December 2013, and spread to the adjacent countries of Liberia and Sierra Leone. In September 2014, the U.S. Centers for Disease Control and Prevention (CDC) confirmed the first EVD case diagnosed in the United States, heightening concerns among some who fear the disease could spread in American communities. This report discusses EVD in general, including symptoms, modes of transmission,...
Drug Enforcement in the United States: History, Policy, and Trends
The federal government prohibits the manufacturing, distribution, and possession of many intoxicating substances that are solely intended for recreational use (notable exceptions are alcohol and tobacco); however, the federal government also allows for and controls the medical use of many intoxicants. Federal authority to control these substances primarily resides with the Attorney General of the United States.
Over the last decade, the United States has shifted its stated drug control policy toward a comprehensive approach; one that focuses on prevention, treatment, and enforcement. In...
Extending Unemployment Compensation Benefits During Recessions
This report describes the history of temporary federal extensions to unemployment benefits from 1980 to the present. Among these extensions is the Emergency Unemployment Compensation (EUC08) program created by P.L. 110-252 (amended by P.L. 110-449, P.L. 111-5, P.L. 111-92, P.L. 111-118, P.L. 111-144, P.L. 111-157, P.L. 111-205, P.L. 111-312, P.L. 112-78, P.L. 112-96, and P.L. 112-240).
This report contains five sections. The first section provides background information on unemployment compensation (UC) benefits. It also provides a brief summary of UC benefit exhaustion and how exhaustion...
U.S. Exports of Crude Oil and Natural Gas: The Case of Alaska
Recent growth in U.S. natural gas and crude oil production has fundamentally shifted the energy supply and demand balance in key U.S. energy markets. Many analysts and energy producers argue that there is currently an oversupply of natural gas in U.S. gas-producing regions, and that supplies of certain light sweet Western crudes (notably from the Bakken region) exceed the demand of Gulf Coast refineries. The result has been a spate of applications by the U.S. natural gas industry for federal permits to export natural gas to overseas buyers. Such exports are permitted by statute, subject to...
Supplemental Appropriations for Disaster Assistance: Summary Data and Analysis
The federal government has provided a significant amount of money through supplemental appropriations to state, local, and tribal governments to help them repair, rebuild, and recover from catastrophic incidents. For example, Congress provided roughly $120 billion for the 2005 and 2008 Gulf Coast hurricane seasons and $50 billion for Hurricane Sandy recovery. Congressional interest in disaster assistance has always been high given the associated costs.
Additional issues associated with disaster assistance have been contentious. These issues include
increasing disagreements over the...
Syria's Chemical Weapons: Progress and Continuing Challenges
This report briefly covers the formal declaration and subsequent destruction of Syria's chemical weapons program. The report also mentions newer allegations of further use of chemical weapons that did not fall under the Chemical Weapons Convention (CWC) ban.
The WTO Brazil-U.S. Cotton Case
On October 1, 2014, Brazil and the United States reached an agreement to resolve the long-running cotton dispute in the World Trade Organization (WTO). The two countries signed a new memorandum of understanding (MOU) that spelled out the terms of the agreement: Brazil relinquishes its rights to countermeasures against U.S. trade or any further proceedings in the dispute; the United States agreed to new rules governing fees and tenor for the GSM-102 export credit guarantee program; Brazil agreed to a temporary Peace Clause with respect to any new WTO actions against U.S. cotton support...
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
On June 15, 2012, the Department of Homeland Security (DHS) announced that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal for two years, subject to renewal, under an initiative known as Deferred Action for Childhood Arrivals, or DACA. Among the eligibility requirements, an individual must have been under age 16 at the time of his or her entry into the United States; must have been continuously resident in the United States since June 15, 2007; and must not have been in lawful immigration status on...
Reauthorizing the Office of National Drug Control Policy: Issues for Consideration
The Office of National Drug Control Policy (ONDCP) is located in the Executive Office of the President and has the responsibility for creating policies, priorities, and objectives for the federal Drug Control Program. This national program is aimed at reducing the use, manufacturing, and trafficking of illicit drugs and the reduction of drug-related crime and violence and of drug-related health consequences. The director of ONDCP has primary responsibilities of developing a comprehensive National Drug Control Strategy (Strategy) to direct the nation’s anti-drug efforts; developing a...
Israel's Iron Dome Anti-Rocket System: U.S. Assistance and Coproduction
This report provides a background of Israel's Iron Dome anti-rocket system and then briefly touches on other topics including U.S.-Israeli co-production of the system, and proposed future U.S. funding.
Temporary Professional, Managerial, and Skilled Foreign Workers: Legislation in the 113th Congress
The admission of professional, managerial, and skilled foreign workers raises a complex set of policy issues as the United States competes internationally for the most talented workers in the world, without adversely effecting U.S. workers and U.S. students entering the labor market. Legislative proposals that Congress has considered include streamlining procedures that govern the admission of professional, managerial, and skilled foreign workers; increasing the number of temporary professional, managerial, and skilled foreign workers admitted each year; requiring employers of...
Public Transportation Program and Funding Issues
The federal public transportation program, administered by the Federal Transit Administration (FTA), is the primary means by which the federal government funds and regulates public transportation, such as local buses, subways, and ferries. The program was reauthorized through FY2014 as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141) and extended through May 31, 2015, as part of the Highway and Transportation Funding Act of 2014 (P.L. 113-159). Funding was authorized at $10.6 billion in FY2013 and $10.7 billion in FY2014, with the extension continuing...
Dark Pools in Equity Trading: Policy Concerns and Recent Developments
The term “dark pools” generally refers to electronic stock trading platforms in which pre-trade bids and offers are not published and price information about the trade is only made public after the trade has been executed. This differs from trading in so-called “lit” venues, such as traditional stock exchanges, which provide pre-trade bids and offers publicly into the consolidated quote stream widely used to price stocks.
Dark pools arose partly due to demand from institutional investors seeking to buy or sell big blocks of shares without sparking large price movements. The volume of...
India-U.S. Economic Relations: In Brief
Congressional Research Service 7-5700 www.crs.gov R43741 Summary As the world’s 3rd largest economy, India is an important trade and economic partner for the United States. The upcoming September 29-30 visit by recently elected Prime Minister Narendra Modi, his first to Washington, DC, has heightened congressional interest in the current status of the relationship. Modi’s visit provides the Obama Administration with an opportunity to advance the U.S.-India strategic partnership, including by discussing ways to foster greater trade and investment between the two nations. May 2014...
U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions
Ongoing U.S. military operations against the Islamic State (which formerly referred to itself as the Islamic State of Iraq and the Levant, and is also commonly referred to as IS, ISIS, or ISIL) raise issues concerning the allocation of war powers between Congress and the President, including whether such operations have been (or are required to be) authorized by an act of Congress. In August 2014, President Obama ordered U.S. forces to commence airstrikes against IS targets in Iraq to assist the Iraqi government in combating the insurgent force, protect U.S. military and nonmilitary...
This report briefly discusses the Syria-based terrorists referred to as the "Khorasan Group" and the U.S. airstrikes conducted against them in late September 2014.
Unaccompanied Alien Children: Demographics in Brief
The number of children coming to the United States who are not accompanied by parents or legal guardians and who lack proper immigration documents has raised complex and competing sets of humanitarian concerns and immigration control issues. This report focuses on the demographics of unaccompanied alien children while they are in removal proceedings. Overwhelmingly, the children are coming from El Salvador, Guatemala, and Honduras. The median age of unaccompanied children has decreased from 17 years in FY2011 to 16 years during the first seven months of FY2014. A greater share of males...
Statutory Interpretation: General Principles and Recent Trends
The exercise of the judicial power of the United States often requires that courts construe statutes to apply them in particular cases and controversies. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Beyond this, the methodologies and approaches taken by the courts in discerning meaning can help guide legislative drafters, legislators, implementing agencies, and private parties.
The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules, so that it may know the...
This report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (also referred to as PAS positions). It also identifies, for the 111th Congress, all nominations to full-time positions requiring Senate confirmation in 41 organizations in the executive branch (28 independent agencies, 6 agencies in the Executive Office of the President (EOP), and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions,...
Climate Summit 2014: Warm-Up for 2015
This report discusses Climate Summit 2014, its context, and its impact on future international climate initiatives.
Federal Elementary and Secondary Education Programs and Unaccompanied Alien Children
The number of children coming to the United States who are not accompanied by a parent or legal guardian is raising a host of policy questions. While much of the congressional interest initially focused directly on immigration policy, the implications for other areas, including education, are now arising as well. Under federal law, states and LEAs are required to provide all children with equal access to a public elementary and secondary education, regardless of their immigration status. Upon arrival in the United States, unaccompanied alien children generally are served initially through...
Lame Duck Sessions of Congress, 1935-2012 (74th-112th Congresses)
A “lame duck” session of Congress occurs whenever one Congress meets after its successor is elected, but before the term of the current Congress ends. Under present conditions, any meeting of Congress after election day in November, but before the following January 3, is a lame duck session. Prior to 1933, when the Twentieth Amendment changed the dates of the congressional term, the last regular session of Congress was always a lame duck session. Today, however, the expression is used not only for a separate session of Congress that convenes after a sine die adjournment, but also for any...
American Foreign Fighters and the Islamic State: Broad Challenges for Federal Law Enforcement
This report offers a framework for considering the challenges to domestic security posed by American fighters in the terrorist group known as the Islamic State (IS, previously referred to as ISIS or ISIL) and outlines some of the ways that U.S. law enforcement responds to such challenges.
Russia's Compliance with the INF Treaty
This report discusses the 1987 Intermediate-Range Nuclear Forces (INF) Treaty and the Obama administration's claim that Russia has violated the treaty by testing a land-based cruise missile with a range greater than 500 kilometers.
Ebola Virus Disease (Ebola or EVD): Experts List
Ebola virus disease (Ebola or EVD) is a severe, often fatal disease that was first detected near the Ebola River in the Democratic Republic of the Congo (DRC) in 1976. Originating in animals, EVD is spread to and among humans through contact with the blood, other bodily fluids, organs, and corpses of those infected. It is not transmitted through the air. In March 2014, the World Health Organization (WHO) announced that an EVD outbreak had begun in Guinea. The outbreak has since spread to Liberia, Sierra Leone, Nigeria, and Senegal.
Poverty: Major Themes in Past Debates and Current Proposals
This year marks the 50th anniversary of the War on Poverty, but poverty remains a difficult policy challenge. The Obama Administration and some in Congress have offered proposals that seek to address poverty, with the proposals differing considerably in their focus and content. However, the themes reflected in these proposals echo prior efforts to address the issue of poverty.
The terms “poverty” and “welfare” (commonly thought of as cash assistance for the poor) are often intertwined, but federal policies affecting poverty are broader than a single program or set of programs. In fact,...
The Child Care and Development Block Grant: Background and Funding
The Child Care and Development Block Grant (CCDBG) provides subsidies to assist low-income families in obtaining child care so that parents can work or participate in education or training activities. Discretionary funding for this program is authorized by the Child Care and Development Block Grant Act of 1990 (as amended), which is currently due for reauthorization. Mandatory funding for child care subsidies authorized in Section 418 of the Social Security Act (sometimes referred to as the “Child Care Entitlement to States”) is also due for reauthorization. In combination, these two...
Highway Bridge Conditions: Issues for Congress
Of the 608,000 public road bridges in the United States, about 64,000 (10%) were classified as structurally deficient in 2013, and another 84,000 (14%) were classified as functionally obsolete. The number of structurally deficient and functionally obsolete bridges has been declining steadily for more than two decades, and those that remain are not necessarily unsafe. Nonetheless, several high-profile bridge failures, including the 2013 collapse of a bridge on Interstate 5 in Washington State, have drawn public attention to the condition of bridges on federal-aid highways.
As it debates...
The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implementation
President Obama signed the legislation implementing the U.S.-South Korea Free Trade Agreement (KORUS FTA) on October 21, 2011 (P.L. 112-41), and the Korean National Assembly passed the agreement on November 22, 2011. The KORUS FTA entered into force on March 15, 2012.
With the KORUS FTA now in force for over two years, focus has shifted from the debate over its passage to its implementation, economic impact, and effect on future U.S. FTAs. Some U.S. companies have argued that certain aspects of the KORUS agreement are not being implemented appropriately, citing issues related to rules of...
U.S.-Vietnam Nuclear Cooperation Agreement: Issues for Congress
U.S.-Vietnamese cooperation on nuclear energy and nonproliferation has grown in recent years along with closer bilateral economic, military, and diplomatic ties. In 2010, the two countries signed a Memorandum of Understanding that Obama Administration officials said would be a “stepping stone” to a bilateral nuclear cooperation agreement. This agreement was signed by the two countries on May 6, 2014, and transmitted to Congress for review on May 8. The required congressional review period for this agreement was completed in early September, and the agreement will enter into force after an...
Scotland's Independence Referendum
This report examines varying opinion in regards to Scotland's Independence Referendum. The report also discusses U.S. views on the topic.
Dairy Provisions in the 2014 Farm Bill (P.L. 113-79)
The 2014 farm bill (P.L. 113-79), which was signed into law on February 7, 2014, makes significant changes to the structure of U.S. dairy support programs, including the elimination of several major price and income support programs from the 2008 farm bill (P.L. 110-246), the extension of several smaller dairy programs, and the addition of two new programs.
Three of the principal dairy support programs under the 2008 farm bill—the Dairy Product Price Support Program (DPPSP), the Milk Income Loss Contract (MILC) program, and the Dairy Export Incentives Program (DEIP)—are eliminated. These...
Common Core State Standards: Frequently Asked Questions
Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government’s role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government’s involvement in decisions that directly affect teaching and learning.
Under the...
Delayed Federal Grant Closeout: Issues and Impact
Federal outlays for grants to state and local governments have grown from $15.4 billion in 1940 (in constant FY2009 dollars) to $509.7 billion in 2013 (in constant FY2009 dollars). The number of congressionally authorized grant programs has also increased over time, with over 2,179 congressionally authorized grant programs currently being administered by federal agencies. Recently, congressional interest has focused on the efficient and effective management of federal grant programs. A recent congressional hearing evaluated the impact of alleged inefficient grant management which,...
This report provides answers to some of the basic question regarding the Islamic State (IS).
Temporary Assistance for Needy Families (TANF): Welfare-to-Work Revisited
One of the central features of the Temporary Assistance for Needy Families (TANF) block grant is promoting work and job preparation for parents (mostly single mothers) in families that receive cash assistance. TANF was created in the 1996 welfare law, which was the culmination of a decades-long evolution from providing single mothers “pensions” to permit them to stay home and raise children to a program focused on work. State TANF programs were influenced by research conducted during a period of much experimentation on welfare-to-work initiatives in the 1980s and early 1990s, which found...
The Federal Trade Commission Act established the Federal Trade Commission (FTC or Commission) in 1914. The protection of consumers from anticompetitive, deceptive, or unfair business practices is at the core of the FTC’s mission. As part of that mission, the FTC has been at the forefront of the federal government’s efforts to protect sensitive consumer information from data breaches and regulate cybersecurity. As the number of data breaches has soared, so too have FTC investigations into lax data security practices. The FTC has not been delegated specific authority to regulate data...
Diplomatic and Embassy Security Funding Before and After the Benghazi Attacks
Congressional investigations into the September 11, 2012, attacks on U.S. facilities in Benghazi, Libya, have focused on a number of issues, including the extent to which overall funding levels may have played a role in the security measures in place at that U.S. facility. While several factors may have been involved in the Benghazi situation, this report focuses only on funding for security of U.S. diplomatic personnel and facilities abroad, hereinafter referred to in this report as diplomatic/embassy security. (For other CRS reports on the Benghazi attacks and a list of CRS experts, go...
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation.
This report discusses major judicial...
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law ... abridging the freedom of speech, or of the press.” This language restricts government’s ability to constrain the speech of citizens. The prohibition on abridgment of the freedom of speech is not absolute. Certain types of speech may be prohibited outright. Some types of speech may be more easily constrained than others. Furthermore, speech may be more easily regulated depending upon the location at which it takes place.
This report provides an overview of the major exceptions to the First...
Cooling Water Intake Structures: Summary of the EPA Rule
Thermoelectric generating plants and manufacturing facilities withdraw large volumes of water for production and, especially, to absorb heat from their industrial processes. Water withdrawals by power producers and manufacturers represent more than one-half of water withdrawn daily for various uses in the United States. Although water withdrawal is a necessity for these facilities, it also presents special problems for aquatic resources. In particular, the process of drawing surface water into the plant through cooling water intake structures (CWIS) can simultaneously pull in fish,...
NATO’s Wales Summit: Outcomes and Key Challenges
On September 4-5, the leaders of the North Atlantic Treaty Organization’s (NATO’s) 28 member states met in Wales for the alliance’s 2014 summit. This was their first meeting since Russia began providing large-scale military support to separatist forces fighting in Ukraine, and their last before the planned completion by the end of 2014 of NATO’s mission in Afghanistan, the longest and most ambitious operation in NATO history. As such, some analysts portrayed the summit as an opportunity to consider a possible strategic shift for NATO, away from the broad, “out of area” focus embodied by...
Offices of Inspectors General and Law Enforcement Authority: In Brief
Federal inspectors general (IGs) have been granted substantial independence and powers to combat waste, fraud, and abuse within designated federal departments and agencies. To execute their missions, offices of inspector general (OIGs) conduct and publish audits and investigations—among other duties. Established by public law as permanent, nonpartisan, and independent offices, OIGs exist in more than 70 federal agencies, including all departments and larger agencies, along with numerous boards and commissions and other entities. Many OIGs have been vested with law enforcement authority to...
Postponement and Rescheduling of Elections to Federal Office
The prospect and potential for severe weather or other natural disasters, in addition to lingering hypotheticals about terrorist attacks directed at certain metropolitan areas, have brought attention to the possibility of postponing and/or the authority to postpone, cancel, or reschedule an election for federal office.
The United States Constitution does not provide in express language current authority for any federal official or institution to “postpone” an election for federal office. Although the Constitution does expressly delegate to the states the primary authority to administer...
Aviation War Risk Insurance: Background and Options for Congress
Following the terrorist attacks of September 11, 2001, coverage for such attacks, and for “war risks,” became difficult, if not impossible, for airlines to purchase from private insurers. In response, Congress passed expansions of the Federal Aviation Administration (FAA) Aviation War Risk Insurance Program. The amended statute (49 U.S.C. §44301 et seq) requires that the FAA offer war risk insurance to U.S. airlines with the premiums based on the cost of such coverage prior to the 9/11 terrorist attacks. The federal coverage under the program is relatively expansive, with coverage provided...
Federal Labor Relations Statutes: An Overview
Since 1926, Congress has enacted three major laws that govern labor-management relations for private sector and federal employees. An issue for Congress is the effect of these laws on employers, workers, and the nation’s economy. The Bureau of Labor Statistics (BLS) estimates that, in 2013, an estimated 14.5 million employees were union members. In the 113th Congress, more than 25 bills were introduced to amend federal labor relations statutes. The proposals ranged from repealing provisions that permit employers to require employees to join a union as a condition of employment to requiring...
China's Leaders Quash Hong Kong's Hopes for Democratic Election Reforms
This report briefly discusses a recent decision by China's National People's Congress Standing Committee (NPCSC) that places strict conditions on any possible electoral reforms in Hong Kong. The report covers the decision, Hong Kong's response, and options for Congress.
Defense Surplus Equipment Disposal, Including the Law Enforcement 1033 Program
The effort to dispose of surplus military equipment dates back to the end of World War II when the federal government sought to reduce a massive inventory of surplus military equipment by making such equipment available to civilians. (The disposal of surplus real property, including land, buildings, commercial facilities, and equipment situated thereon, is assigned to the General Services Administration, Office of Property Disposal.)
The Department of Defense (DOD) through a Defense Logistics Agency (DLA) component called DLA Disposition Services has a policy for disposing of government...
Asylum and Gang Violence: Legal Overview
The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum. Only aliens who are “refugees,” as that term is defined by the Immigration and Nationality Act (INA), qualify for potential refugee status or asylum (two forms of discretionary relief that could enable UACs to enter or remain in the United States).
The INA’s definition, in turn,...
The Take Care Clause and Executive Discretion in the Enforcement of Law
The Take Care Clause would appear to stand for two, at times diametrically opposed propositions—one imposing a “duty” upon the President and the other viewing the Clause as a source of Presidential “power.” Primarily, the Take Care Clause has been interpreted as placing an obligation on both the President and those under his supervision to comply with and execute clear statutory directives as enacted by Congress. However, the Supreme Court has also construed the Clause as ensuring Presidential control over the enforcement of federal law. As a result, courts generally will not review...
Article III Standing and Congressional Suits Against the Executive Branch
On July 30, 2014, the House of Representatives passed H.Res. 676, authorizing the Speaker of the House to initiate a civil action against the President and/or executive branch officials or employees for their failure to act consistently with their duties under the Constitution or federal law in implementing the Patient Protection and Affordable Care Act (ACA). Speaker John Boehner has argued that such a suit is necessary to compel the President to follow his oath of office and comply with his constitutional responsibility to “take Care that the Laws be faithfully executed.” The Speaker has...
Congressional Participation in Article III Courts: Standing to Sue
In disputes between Congress and the executive, questions arise about Congress’s ability to turn to the federal courts for vindication of its powers and prerogatives, or for declarations that the executive is in violation of the law or the Constitution. This report seeks to provide an overview of Congress’s ability to participate in litigation before Article III courts. The report is limited to a discussion of Congress’s participation in litigation as either a plaintiff (e.g., the party initiating the suit alleging some sort of harm or violation of law) or as a third-party intervener...
A Primer on the Reviewability of Agency Delay and Enforcement Discretion
Congress regularly authorizes and requires administrative agencies to implement and enforce regulatory programs. As such, agencies routinely make decisions about when to promulgate regulations and when to enforce statutory requirements against parties who violate the law.
During the 113th Congress, the Obama Administration announced that certain federal agencies would not enforce specific aspects of the Affordable Care Act (ACA) for a period of time in order to allow the public to further prepare for proper compliance with the law in the future. This has led to numerous questions...
Rural Development Provisions in the 2014 Farm Bill (P.L. 113-79)
While many legislative proposals introduced in a given Congress may have implications for rural America, Congress has generally expressed concern with economic development of rural communities within the context of periodic omnibus farm bills, most recently in Title VI of the Agricultural Act of 2014 (P.L. 113-79). Congress uses farm bills to address emerging rural issues as well as to reauthorize and/or amend a wide range of rural programs administered by the U.S. Department of Agriculture’s (USDA) three rural development mission agencies: Rural Housing Service, Rural Business-Cooperative...
Pakistan Political Unrest: In Brief
Beginning on August 15, 2014, Pakistan’s struggle to establish a sustainable democratic system has met with a new reversal in the form of major anti-government street protests in the capital. Crowds led by opposition figures have demanded the resignation of democratically elected Prime Minister Nawaz Sharif. The prime minister regards such demands to be inconsistent with the Pakistani Constitution, and the consensus view in Islamabad appears to support parliamentary processes. The strident and rigid nature of the protestors’ demands, and their unwillingness to disperse from areas...
Unlawfully Present Aliens, Driver’s Licenses, and Other State-Issued ID: Select Legal Issues
One aspect of the broader debate over aliens who are present in the United States in violation of federal immigration law has been their eligibility for driver’s licenses and other forms of state-issued identification documents (IDs). The issuance of driver’s licenses has historically been considered a state matter, and states have taken a variety of approaches. Some have barred the issuance of driver’s licenses and other state-issued ID to unlawfully present aliens; others permit their issuance; and yet others instead grant unlawfully present aliens Certificates for Driving (CFDs) or...
Mongolia is a sparsely populated young democracy in a remote part of Asia, sandwiched between two powerful large neighbors, China and Russia. It made its transition to democracy and free market reforms peacefully in 1990, after nearly 70 years as a Soviet satellite state. A quarter of a century later, the predominantly Tibetan Buddhist nation remains the only formerly Communist Asian nation to have embraced democracy. Congress has shown a strong interest in Mongolia since 1990, funding assistance programs, approving the transfer of excess defense articles, ratifying a bilateral investment...
The Doctrine of Constitutional Avoidance: A Legal Overview
Article III of the Constitution established the judicial branch of the United States, staffing the branch with life-tenured and salary-protected judges. Amongst the powers of the federal judiciary is the power of “judicial review”—that is, the power to invalidate the acts of other branches of government and the states that contravene the Constitution. The Framers of the Constitution established this “countermajoritarian” role for the judiciary to help protect the written Constitution and its principles against incursions from the political branches. The power of judicial review is both a...
Common Core State Standards and Assessments: Background and Issues
Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government’s role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government’s involvement in decisions that directly affect teaching and learning.
Under the...
Conservation Reserve Program (CRP): Status and Issues
The Conservation Reserve Program (CRP) provides payments to agricultural producers to take highly erodible and environmentally sensitive land out of production and install resource conserving practices for 10 or more years. CRP was first authorized in the Food Security Act of 1985 (P.L. 99-198, 1985 farm bill) and is administered by the U.S. Department of Agriculture’s (USDA’s) Farm Service Agency (FSA) with technical support from other USDA agencies. Participants offer land for enrollment through two types of sign-up: general and continuous. General sign-ups are competitive and only open...
Practical Implications of Noel Canning on the National Labor Relations Board: In Brief
On January 4, 2012, President Obama exercised his recess appointment power and appointed three individuals—Terrence F. Flynn, Sharon Block, and Richard F. Griffin, Jr.—to be members of the National Labor Relations Board (NLRB or Board). Whether the President had authority to make these appointments pursuant to the Recess Appointments Clause was at issue in the 2014 Supreme Court case National Labor Relations Board v. Noel Canning. The case marked the first time that the Court would examine the scope of the Recess Appointments Clause.
This report provides an overview of the Recess...
Special Immigrant Juveniles: In Brief
Abused, neglected, or abandoned children who also lack authorization under immigration law to reside in the United States (i.e., unauthorized aliens) raise complex immigration and child welfare concerns. In 1990, Congress created an avenue for unauthorized alien children who become dependents of the state juvenile courts to remain in the United States legally and permanently. Any child or youth under the age of 21 who was born in a foreign country; lives without legal authorization in the United States; has experienced abuse, neglect, or abandonment; and meets other specified eligibility...
Recess Appointments: A Legal Overview
The U.S. Constitution explicitly provides the President with two methods of appointing officers of the United States. First, the Appointments Clause provides the President with the authority to make appointments with the advice and consent of the Senate. Specifically, Article II, Section 2, clause 2 states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and...
The “1033 Program,” Department of Defense Support to Law Enforcement
The United States has traditionally kept military action and civil law enforcement apart, codifying that separation in the Posse Comitatus Act of 1878. On the other hand, Congress has occasionally authorized the Department of Defense (DOD) to undertake actions specifically intended to enhance the effectiveness of domestic law enforcement through direct or material support.
One such effort is the so-called “1033 Program,” named for the section of the National Defense Authorization Act (NDAA) of 1997 that granted permanent authority to the Secretary of Defense to transfer defense material to...
Summary Report: FY2014 Supplemental Appropriations
On July 8, 2014, the Administration requested $4,346 million in FY2014 supplemental appropriations to address two issues: the surge in both unaccompanied and escorted children illegally crossing the southwest border, and a shortfall in federal funding to pay the costs of wildfires. The appropriations were requested to be designated as emergency funding, meaning the requested funds would not count against the discretionary budget caps for FY2014.
On July 23, 2014, the Senate introduced S. 2648, which includes $3,571 million in supplemental appropriations for the Administration’s requested...
Can Body Worn Cameras Serve as a Deterrent to Police Misconduct?
This report discusses various issues regarding body worn cameras (BWCs), including the potential merits, concerns, and financial costs of use. The report also briefly states a possible method for allotting federal funds to help law enforcement agencies purchase BWCs.
U.S. Textile Manufacturing and the Trans-Pacific Partnership Negotiations
Textiles are a contentious and unresolved issue in the ongoing Trans-Pacific Partnership (TPP) negotiations to establish a free-trade zone across the Pacific. Because the negotiating parties include Vietnam, a major apparel producer that now mainly sources yarns and fabrics from China and other Asian nations, the agreement has the potential to shift global trading patterns for textiles and demand for U.S. textile exports. Canada and Mexico, both significant regional textile markets for the United States, and Japan, a major manufacturer of high-end textiles and industrial fabrics, are also...
The Islamic State in Syria and Iraq: A Possible Threat to Jordan?
This report briefly examines the extent to which the Islamic State (IS, formerly referred to as ISIS or ISIL) may pose a threat to Jordan, an "important U.S. partner." The report discusses Jordanian actions to address threats, and U.S. policy implications.
"Dark Pools" In Equity Trading: Significance and Recent Developments
This report discusses "Dark Pools", relatively recent and controversial electronic stock trading alternatives to traditional exchanges, such as the New York Stock Exchange (NYSE), and now account for about 15% of overall trading volume. The report discusses the pros and cons of "dark trading", civil suits in reaction to Dark Pools and recent Securities and Exchange Commission actions.
FEMA’s Pre-Disaster Mitigation Program: Overview and Issues
Pre-Disaster Mitigation (PDM), as federal law and a program activity, began in 1997. Congress established a pilot program, within the Appropriations Act, which FEMA named Project Impact, to test the concept of investing prior to disasters to reduce the vulnerability of communities to future disasters. Several years later, P.L. 106-390, the Disaster Mitigation Act of 2000, authorized the PDM program in law as Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. However, unlike the rest of the Stafford Act which has a freestanding authorization, the PDM program...
The Quadrennial Diplomacy and Development Review (QDDR)
This report briefly discusses the Quadrennial Diplomacy and Development Review (QDDR) that provides short-, medium-, and long-term blueprints for how to advance U.S. foreign policy objectives and values through the operations of both the Department of State and the U.S. Agency for International Development (USAID).
Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes
Recent disclosures concerning the size and scope of the National Security Agency’s (NSA) surveillance activities both in the United States and abroad have prompted a flurry of congressional activity aimed at reforming the foreign intelligence gathering process. While some measures would overhaul the substantive legal rules of the USA PATRIOT Act or other provisions of the Foreign Intelligence Surveillance Act (FISA), there are a host of bills designed to make procedural and operational changes to the Foreign Intelligence Surveillance Court (FISC), a specialized Article III court that hears...
In late January 2014, a group of students who play football for Northwestern University filed a representation petition with the National Labor Relations Board (NLRB). The students are seeking to be represented by the College Athletes Players Association (CAPA), a newly created labor organization. CAPA contends that college football and basketball players, particularly those who compete in Division I of the National Collegiate Athletic Association (NCAA), are essentially employees given the amount of time they commit to athletics, the revenue they generate for their schools, and their...
Bills of Attainder: The Constitutional Implications of Congress Legislating Narrowly
On occasion, Congress exercises its legislative authority regarding a specified individual, entity, or identifiable group in such a way as to raise constitutional concerns. In particular, the United States Constitution expressly prohibits the federal government from enacting bills of attainder, defined by the Supreme Court as a “law that legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of the protections of a judicial trial.” The basis for the prohibition arises from the separation of powers concern that the enforcement of a bill of...
The Defense Production Act of 1950, Before Passage of P.L. 113-172
The Defense Production Act (DPA) of 1950 (P.L. 81-774, 50 U.S.C. Appx §2061 et seq.), as amended, confers upon the President a broad set of authorities to influence domestic industry in the interest of national defense. The authorities can be used across the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense.
Though initially passed in response to the Korean War, the DPA is historically based on the War Powers Acts of World War II. Gradually, Congress has expanded the...
Overview of the Relationship between Federal Student Aid and Increases in College Prices
College affordability is an issue that has received considerable attention from federal policy makers in recent years as concerns have arisen that a college education may be out of reach for an increasing number of students and families. While there is little disagreement that escalating college prices pose a problem, there is not a consensus about the precise causes for these increases.
Among the possible explanations for price increases, one that has surfaced with some frequency in recent years is the notion that the availability of or increases in federal student aid may help to fuel...
Federal Financial Conflict of Interest Rules and Biomedical Research: A Legal Overview
Every year the federal government through a host of different agencies spends billions of dollars supporting biomedical research. In addition, the federal government, through the Food and Drug Administration (FDA), continually reviews the biomedical research that supports an application to market certain products, like drugs or medical devices. Collectively, the various federal agencies that either support or oversee biomedical research have a strong interest in ensuring that the underlying research is scientifically rigorous and free of bias. However, if a biomedical researcher has a...
More than 4 billion incandescent light bulbs (sometimes referred to as “lamps”) are in use in the United States. The basic technology in these bulbs has not changed substantially in the past 125 years, despite the fact that they convert less than 10% of their energy input into light. Improving light bulb performance can reduce overall U.S. energy use. About 20% of electricity consumed in the United States is used for lighting homes, offices, stores, factories, and outdoor spaces. Lighting represents about 14% of residential electricity use.
The Energy Independence and Security Act of 2007...
Social Networking and Constituent Communications: Members’ Use of Vine in Congress
In the past 10 years, the rise of social media has expanded the number of options available for communication between Members of Congress and their constituents. Virtually all Members, including all 100 Senators, use Twitter as a tool to communicate legislative, policy, and official actions to interested parties; and the use of other forms of social media, including Facebook, has also proliferated.
The adoption of these technologies has enhanced the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for constituents to communicate...
Troubled Asset Relief Program (TARP): Implementation and Status
The Troubled Asset Relief Program (TARP) was created by the Emergency Economic Stabilization Act (EESA; P.L. 110-343) in October 2008. EESA was enacted to address an ongoing financial crisis that reached near-panic proportions in September 2008. The act granted the Secretary of the Treasury authority to either purchase or insure up to $700 billion in troubled assets owned by financial institutions. This authority was granted for up to two years from the date of enactment and was very broad. In particular, the definitions of both “troubled asset” and “financial institution” allowed the...
Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future
This report surveys existing law for legal issues that have arisen, or may arise in the future, on account of climate change and government responses thereto.
At the threshold of many climate-change-related lawsuits are two barriers—whether the plaintiff has standing to sue and whether the claim being made presents a political question. Both barriers have forced courts to apply amorphous standards in a new and complex context.
Efforts to mitigate climate change—i.e., reduce greenhouse gas (GHG) emissions—have spawned a host of legal issues. The Supreme Court resolved a big one in 2007: the...
Social Security: Trust Fund Investment Practices
The Social Security Act has always required surplus Social Security revenues (revenues in excess of program expenditures) to be invested in U.S. government securities (or U.S. government-backed securities). In recent years, attention has been focused on alternative investment practices in an effort to increase the interest earnings of the trust funds, among other goals. This report describes Social Security trust fund investment practices under current law.
Clean Coal Loan Guarantees and Tax Incentives: Issues in Brief
Coal represents a major energy resource for the United States. Coal-fired power plants provided approximately 37% of U.S. generated electricity (about 1.5 billion megawatt-hours) in 2012, while consuming over 800 million tons of coal. Power plants that use coal are also a major source of greenhouse gas emissions in the United States, contributing approximately 28% of total U.S. CO2 emissions in 2012.
As part of federal efforts to reduce greenhouse gas emissions, loan guarantees and tax incentives have been made available to support private sector investment in “clean coal.” Both loan...
Improper Payments in High Priority Programs: In Brief
The Improper Payments Information Act (IPIA) of 2002 defines improper payments as payments that should not have been made or that were made in an incorrect amount, including both overpayments and underpayments. This definition includes payments made to ineligible recipients, duplicate payments, payments for a good or service not received, and payments that do not account for credit for applicable discounts. Since FY2004, federal agencies have been required to report on the amount of improper payments they issue each year and take steps to address the root causes of the problem. The data...
Air Quality Issues and Animal Agriculture: EPA’s Air Compliance Agreement
From an environmental quality standpoint, much of the interest in animal agriculture has focused on impacts on water resources, because animal waste, if not properly managed, can harm water quality through surface runoff, direct discharges, spills, and leaching into soil and groundwater. A more recent issue is the contribution of emissions from animal feeding operations (AFO), enterprises where animals are raised in confinement, to air pollution. AFOs can affect air quality through emissions of gases such as ammonia and hydrogen sulfide, particulate matter, volatile organic compounds,...
Export-Import Bank Reauthorization Debate
This report discusses the ongoing debate regarding the Export-Import Bank of the United States, a federal government corporation which is the the official export credit agency (ECA) of the U.S. Government. The bank's statutory charter expires on September 30, 2014, meaning that its authority to obligations generally would cease and a wind-down of operations would be required. The report gives four possible scenarios for approaches Congress could take in regards to approaching the bank's future authorization status.
Manufacturing Nuclear Weapon “Pits”: A Decisionmaking Approach for Congress
A “pit” is the plutonium “trigger” of a thermonuclear weapon. During the Cold War, the Rocky Flats Plant (CO) made up to 2,000 pits per year (ppy), but ceased operations in 1989. Since then, the Department of Energy (DOE) has made at most 11 ppy for the stockpile, yet the Department of Defense stated that it needs DOE to have a capacity of 50 to 80 ppy to extend the life of certain weapons and for other purposes. This report focuses on 80 ppy, the upper end of this range.
Various options might reach 80 ppy. Successfully establishing pit manufacturing will require, among other things,...
Domestic Terrorism Appears to Be Reemerging as a Priority at the Department of Justice
This document examines an apparent shift in priorities at the Department of Justice (DOJ) towards a renewed focus on domestic terrorism with the reestablishment of its Domestic Terrorism Executive Committee, which had been defunct for several years. The report considers why the shift in focus may be occurring and also briefly examines different types of domestic terror threats.
Environmental Protection Agency (EPA): Appropriations for FY2014 in P.L. 113-76
Enacted on January 17, 2014, Title II of Division G of the Consolidated Appropriations Act, 2014 (P.L. 113-76, H.R. 3547) provided $8.20 billion for the Environmental Protection Agency (EPA) for FY2014. The act appropriated funding for the full fiscal year through September 30, 2014, for all of the 12 regular appropriations acts, including EPA within Interior, Environment, and Related Agencies. Total discretionary appropriations available in FY2014 for all federal departments and agencies were based on a cap of $1.012 trillion set in the Bipartisan Budget Act of 2013 (P.L. 113-67). The...
Immigration Policies and Issues on Health-Related Grounds for Exclusion
News of humans infected with Ebola in West Africa, avian influenza in China, polio in the Middle East, and dengue fever in the Caribbean are examples of reports that heighten concerns about the health screenings of people arriving in the United States. Under current law, foreign nationals who wish to come to the United States generally must obtain a visa and submit to an inspection to be admitted. One of the reasons why a foreign national might be deemed inadmissible is on health-related grounds. The diseases that trigger inadmissibility in the Immigration and Nationality Act (INA) are...
The following table lists the names and contact information for CRS experts on policy concerns related to border security. Policy areas identified include the following: Mission: scope, magnitude, relationship to departmental mission, functions and their interrelationships. Border surveillance: airports and air space; detection of nuclear and radiological materials; land borders; seaports and waterways. Immigration and foreign visitors: immigration; border “look out” systems; illegal entry; visa issuance and alien tracking. Transnational issues: border violence; foreign cooperation with...
Health Insurance Exchanges: Health Insurance “Navigators” and In-Person Assistance
The 2010 Patient Protection and Affordable Care Act (ACA, P.L. 111-148) allows certain individuals and small businesses to buy qualified health insurance through state exchanges. The exchanges are not themselves insurers, but rather are special marketplaces where insurance firms may sell health policies that meet set, federal guidelines. As of July 2014, 14 states and the District of Columbia had secured HHS approval to create and run their own exchanges, 7 to enter into partnership exchanges, 29 to have federally facilitated exchanges, and two to have state-based SHOP/federally...
S. 1961 and H.R. 4024: Legislative Responses to a Chemical Storage Facility Spill
In January 2014, an estimated 10,000 gallons of 4-methylcyclohexanemethanol (MCHM) and other chemicals leaked from a bulk aboveground storage tank at a chemical storage facility located upstream from the intake pipes of the water treatment plant serving Charleston, WV, and nearby counties. In the wake of the resulting contamination of this large public water supply, Congress has undertaken oversight and is considering legislative options.
The chemical storage tank at the center of the West Virginia incident appears to not have been subject to regulation under various federal or state laws...
Small Refineries and Oil Field Processors: Opportunities and Challenges
The last refinery constructed in the United States opened in 1977. Since the mid-1980s, some 150 have closed as part of an industry-wide consolidation. Over the same time, the remaining refineries expanded their operational capacity by 23% to keep up with increasing demand. Current U.S. refining capacity appears to satisfy if not exceed demand as the increasing export of refined petroleum products would seem to suggest. Notwithstanding the current surplus capacity, opportunities for new refineries appear to have emerged as the result of the rise in production of U.S. light-sweet crude oil...
Emergency Unemployment Compensation (EUC08): Status of Benefits Prior to Expiration
Until its expiration at the end of December 2013, the temporary Emergency Unemployment Compensation (EUC08) program provided additional federal unemployment insurance benefits to eligible individuals who had exhausted all available benefits from their state Unemployment Compensation (UC) programs. Congress created the EUC08 program in 2008 and amended the original, authorizing law (P.L. 110-252) 11 times. No EUC08 benefits are currently available.
The last extension of EUC08 under P.L. 112-240, the American Taxpayer Relief Act of 2012, authorized EUC08 benefits until the week ending on or...
SAMHSA FY2015 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities such as technical assistance, data collection, and...
Summary Cost Data for Federally-Facilitated Exchanges, 2014
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect costs associated with plans sold through the health insurance exchanges established under ACA, both in terms of premiums and cost-sharing measures. CRS developed a fact sheet for each of the federally-facilitated exchanges that offer private health plans to individuals and families. Each fact sheet provides summary data about the range of costs and options for plans in a specific state’s marketplace.
In general, the ACA provisions that may affect exchange premiums...
India’s New Government and Implications for U.S. Interests
The United States and India have been pursuing a “strategic partnership” since 2004, and a 5th Strategic Dialogue session was held in New Delhi in late July 2014. A May 2014 national election seated a new Indian government led by the Hindu nationalist Bharatiya Janata Party (BJP) and new Prime Minister Narendra Modi. Top U.S. officials express eagerness to engage India’s new leadership and re-energize what some see as a relationship flagging in recent years. High hopes for the engagement have become moderated as expectations held in both capitals remain unmet, in part due to a global...
Reducing the Budget Deficit: Overview of Policy Issues
The federal budget deficit was the largest it has been since World War II as a percentage of GDP from 2009 to 2012, peaking at 10.1% of GDP. This occurred because spending reached its highest share of GDP since 1945 and revenues reached their lowest share of GDP since 1950. Since then, the deficit has declined to a projected 2.8% of GDP in 2014, which is still above the 1946 to 2008 average. Over the next 25 years, deficits are projected to become very large again under current law.
The recent decline in the deficit is partly due to improvements in the economy, the expiration of temporary...
2014 Quadrennial Homeland Security Review: Evolution of Strategic Review
The quadrennial homeland security review is a process in which DHS examines the nation's homeland security strategy; the report provides an explanation of this process. Neither the review process nor the report to Congress is a strategy, instead the 2014 QHSR (both the process and report) are part of the constant reevaluation of the nation's homeland security and part of the process by which the combined National and Homeland Security Staff develops the next iteration of the national security strategy.
Summary Cost Data for Health Plans Available in Wyoming’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Wyoming’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in West Virginia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in West Virginia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Utah’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Utah’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Congressional Action on FY2014 Appropriations Measures
This report provides background and analysis on congressional action relating to the FY2014 appropriations process. The annual appropriations process currently anticipates that 12 regular appropriations bills will be enacted prior to the beginning of the fiscal year (October 1) to provide discretionary spending for federal government agencies. If all regular appropriations bills are not enacted by that time, one or more continuing resolutions (CRs) may be enacted to provide interim or full-year funds until regular appropriations are completed, or the fiscal year ends. During the fiscal...
Summary Cost Data for Health Plans Available in Wisconsin’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Wisconsin’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Virginia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Virginia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Juvenile Victims of Domestic Sex Trafficking: Juvenile Justice Issues
There has been growing concern over sex trafficking of children in the United States. Demand for sex with children (and other forms of commercial sexual exploitation of children) is steady, and profit to sex traffickers has increased. Law enforcement is challenged not only by prosecuting traffickers and buyers of sex with children, but also by how to handle the girls and boys whose bodies are sexually exploited for profit.
Under the Victims of Trafficking and Violence Protection Act of 2000 (TVPA; P.L. 106-386), the primary law that addresses trafficking, sex trafficking of children is a...
Safe at Home? Letting Ebola-Stricken Americans Return
This report examines the U.S. practice of isolation and quarantine for citizens arriving in the country who have been infected with or exposed to a dangerous communicable disease. The report frames this information in the context of the two American healthcare workers who were brought back into the U.S. for treatment after contracting the Ebola virus in West Africa in the Summer of 2014.
Fish and Wildlife Service: FY2015 Appropriations and Policy
The annual appropriation for Interior, Environment, and Related Agencies provides funds for agencies and programs in three federal departments, as well as numerous related agencies and bureaus. Among the agencies represented is the Fish and Wildlife Service (FWS), in the Department of the Interior. Many of its programs are among the more controversial of those funded in the bill. On July 23, 2014, the House Committee on Appropriations reported H.R. 5171. The bill provided $1.40 billion for FWS, down 2.0% from the FY2014 level of $1.43 billion contained in P.L. 113-76. The President...
The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues
On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from...
Federal Permitting and Oversight of Export of Fossil Fuels
Recent technological developments have led to an increase in domestic production of natural gas and crude oil. As a result, there is interest among some parties in exporting liquefied natural gas (LNG) and crude oil to take advantage of international markets. This has placed new attention on the laws and regulations governing, and in many cases restricting, the export of fossil fuels.
In most cases, export of fossil fuels requires federal authorization of both the act of exporting the fuel and the facility that will be employed to export the fuel. For example, the export of natural gas is...
“Womenomics” in Japan: In Brief
Japan women womenomics abenomics economy structural reforms gender gap marriage birth rate demographics equality immigration Confronted with decades of economic stagnation, strict immigration controls, and a rapidly aging population, Japanese Prime Minister Shinzo Abe has launched an ambitious plan—widely known as “Abenomics”—to restart Japan’s economy. The program has three main components: a large fiscal stimulus that was injected into the economy in early 2013; expansionary monetary policy that also began in 2013 and continues today; and a series of planned structural economic reforms,...
U.S.-Africa Leaders Summit: Frequently Asked Questions and Background
This report provides information about the early August 2014 U.S.-Africa Leaders Summit in Washington, DC, and policy issues likely to be addressed by participants in the summit and other events being held in conjunction with it. In providing background on key U.S.-Africa policy issues, the report addresses: Africa’s development and economic challenges; U.S.-Africa trade, investment, and economic cooperation; U.S. aid to Africa; Governance, democracy, and human rights issues; and Peace and security issues, including selected U.S. responses. The summit is organized around the theme...
NATO: Response to the Crisis in Ukraine and Security Concerns in Central and Eastern Europe
Russia’s actions in Ukraine and its alleged role in the downing of Malaysia Airlines Flight 17 have caused observers and policy makers on both sides of the Atlantic, including Members of Congress, to reassess the role of the United States and the North Atlantic Treaty Organization (NATO) in upholding European security. The security concerns of NATO’s Central and Eastern European member states and non-NATO member states such as Moldova and Ukraine are of particular concern.
NATO has strongly condemned Russian actions in Ukraine and has taken steps aimed both at reassuring allies and...
The sheer number of Central American children coming to the United States who are not accompanied by a parent or legal guardian and who lack proper immigration documents is raising complex and competing sets of humanitarian concerns and immigration control issues. Adults and families from the same three countries—El Salvador, Guatemala, and Honduras—have also been coming in increasing numbers over the same period. Current law provides that unaccompanied alien children (also referred to as unaccompanied children) are treated differently than adults or children with their parents who come to...
Nominations to Cabinet Positions During Inter-Term Transitions Since 1984
Under the Constitution, high-level leadership positions in the executive branch are filled through appointment by the President “by and with the Advice and Consent of the Senate.” These posts include most of the approximately two dozen that form the President’s Cabinet, which is an institution established by custom, rather than by law. In recent decades, it has become customary for each two-term President to reshuffle his Cabinet during the inter-term transition—the transition that takes place at the end of a President’s first term in office and beginning of his second term. Typically...
Securing U.S. Diplomatic Facilities and Personnel Abroad: Background and Policy Issues
The United States maintains about 285 diplomatic facilities worldwide. Attacks on such facilities, and on U.S. diplomatic personnel, are not infrequent. The deaths of Ambassador Christopher Stevens and three other U.S. personnel in Benghazi, Libya, on September 11, 2012, along with attacks that week on U.S. embassies in Egypt, Sudan, Tunisia, and Yemen, drew renewed attention to the challenges facing U.S. diplomats abroad, as well as to the difficulty in balancing concerns for their security against the outreach required of their mission. Congress plays a key role in shaping the response...
Nonmarital Births: An Overview
Although nonmarital births (i.e., births to unmarried women) are not a new phenomenon, their impact on families has not diminished and there is much agreement that the complexity of modern family relationships and living arrangements may further complicate the well-being of children born to unwed mothers.
For the past six years (2008-2013), the percentage of all U.S. births that were nonmarital births remained unchanged at about 41% (1.6 million births per year), compared with 28% of all births in 1990 and about 11% of all births in 1970. Many of these children grow up in mother-only...
U.S.-Algeria ties are highly focused on counterterrorism cooperation and U.S. interest in Algeria’s oil and gas production. The Obama Administration has indicated a desire to deepen and broaden bilateral relations, including security assistance, while periodically urging greater political and economic openness. While both governments express appreciation for bilateral cooperation, U.S. officials may lack well-developed levers of influence in Algiers due to Algeria’s economic self-reliance and ties to non-Western strategic players such as Russia, along with Algerian leaders’ storied...
Summary Cost Data for Health Plans Available in Delaware’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Delaware’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Florida’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Florida’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in South Carolina’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in South Carolina’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Michigan’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Michigan’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Pennsylvania’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Pennsylvania’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Juice Labeling and Pom Wonderful v. Coca-Cola: A Legal Overview
This report discusses two different federal statutes that regulate beverage labels. The Food, Drug, and Cosmetic Act (FDCA) and its implementing regulations outline requirements for beverage labels reflecting the different ingredients of the juice. The FDCA also prohibits misbranded food and beverages when labels are false and misleading. The Lanham Act, the federal trademark statute that regulates unfair competition, also prohibits misleading labels and advertisements that may hurt a competitor’s business and/or goodwill. While these two statutes both impact juice labels, the overall...
Terrorism Risk Insurance: Issue Analysis and Overview of Current Program
Prior to the September 11, 2001, terrorist attacks, coverage for losses from such attacks was normally included in general insurance policies without specific cost to the policyholders. Following the attacks, such coverage became very expensive if offered at all. Because insurance is required for a variety of transactions, it was feared that the absence of insurance against terrorism loss would have a wider economic impact. Terrorism insurance was largely unavailable for most of 2002, and some have argued that this adversely affected parts of the economy.
Congress responded to the...
Tax Benefits for Families: Adoption
Congressional Research Service 7-5700 www.crs.gov RL33633 Summary The federal government provides assistance for the adoption of children through federal grants to states and through the tax code. Although federal assistance programs for adoption focus primarily on children adopted out of foster care, federal adoption tax provisions are available for all adoptions (except for adoptions of stepchildren). The adoption tax credit provides a 100% credit for adoption-related expenses of up to $13,190 in 2014. That limit is adjusted annually for inflation. The credit is not currently refundable,...
“Black Boxes” in Passenger Vehicles: Policy Issues
An event data recorder (EDR) is an electronic sensor installed in a motor vehicle that records certain technical information about a vehicle’s operational performance for a few seconds immediately prior to and during a crash. Although over 90% of all new cars and light trucks sold in the United States are equipped with them, the National Highway Traffic Safety Administration (NHTSA) is proposing that all new light vehicles have EDRs installed in the future. Under previously adopted NHTSA rules, these devices have to capture at least 15 types of information related to the vehicle’s...
Administered by the U.S. Department of Education (ED), the Impact Aid program is one of the oldest federal education programs, dating from 1950. Impact Aid, authorized under Title VIII of the Elementary and Secondary Education Act (ESEA, P.L. 89-10, as amended), compensates local educational agencies (LEAs) for “substantial and continuing financial burden” resulting from federal activities. These activities include federal ownership of certain lands, as well as the enrollments in LEAs of children of parents who work or live on federal land (e.g., children of parents in the military and...
Shipping U.S. Crude Oil by Water: Vessel Flag Requirements and Safety Issues
New sources of crude oil from North Dakota, Texas, and western Canada have induced new routes for shipping crude oil to U.S. and Canadian refineries. While pipelines have traditionally been the preferred method of moving crude overland, they either are not available or have insufficient capacity to move all the crude from these locations. While rail has picked up some of this cargo, barges, and to a lesser extent tankers, also are moving increasing amounts of crude in domestic trade.
The rather sudden shift in transportation patterns raises concerns about the safety and efficiency of oil...
Export-Import Bank (Ex-Im) and the Federal Budget
This report briefly examines budgetary considerations regarding the Export-Import Bank, which finances and ensures U.S. exports of goods and services on a demand driven basis.
The 109th Congress provided the Department of Homeland Security (DHS) with statutory authority to regulate chemical facilities for security purposes through Section 550 of the Department of Homeland Security Appropriations Act, 2007 (P.L. 109-295). This statutory authority contains a termination date, after which the statutory authority expires. The current termination date is October 4, 2014.
Subsequent Congresses have attempted to provide a new authorization for the current statutory authority, which DHS implements through the Chemical Facility Anti-Terrorism Standards (CFATS). In the...
H.R. 3964: Analysis of Key Provisions
For most of the last 20 years, some water contractors in California’s Central Valley have received less than their full contract water supplies from federal and state water resource facilities. Although such allocations are in part the result of the prior appropriation doctrine in western water law and are consistent with the expectation of a “junior” water user in times of drought, tensions over water delivery reliability have been exacerbated by reductions in deliveries even in non-drought years. Such reductions are significant because much of the California urban and agricultural...
Federal Response to Drought in California: An Analysis of S. 2198 and H.R. 3964
California is experiencing serious water shortages due to widespread drought. Even though much of the state is served by two large water infrastructure projects that store water for future use—the federal Central Valley Project (CVP) and the State Water Project (SWP)—both projects have had to reduce water deliveries to the farmers and communities that they serve. Many water users have received no water from the CVP and SWP this year and are supplementing surface water supplies with groundwater. Some water basins are experiencing overdraft of local aquifers (i.e., extracting of more ground...
Improving Health Care Access for Veterans: H.R. 3230
This report provides a brief comparison of the Senate ("Senate Bill") and House ("House Bill") provisions that would provide expanded authority to the VA to provide care to veterans through non-VA health care providers and facilities. This report compares only major provisions contained in Title III of the Senate version and Sections 2 and 3 of the House Version of H.R. 3230.
This report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (also referred to as PAS positions). It also identifies, for the 111th Congress, all nominations to full-time positions requiring Senate confirmation in the 15 executive departments. It excludes appointments to regulatory boards and commissions and independent and other agencies, which are covered in other CRS reports.
The appointment process for advice and consent positions consists of three main stages. The first stage is selection, clearance, and...
Child Welfare: The Adoption Incentive Program and Its Reauthorization
Under the Adoption Incentive program (Section 473A of the Social Security Act), states earn federal incentive payments when they increase adoptions of children who are in need of new permanent families. All 50 states, the District of Columbia, and Puerto Rico have earned a part of the $424 million in Adoption Incentive funds that have been awarded since the program was established as part of the Adoption and Safe Families Act of 1997 (ASFA, P.L. 105-89). Discretionary funding authorized for this program has been extended twice since it was established, most recently in 2008 (P.L. 110-351)....
U.S. Shale Gas Development: Production, Infrastructure, and Market Issues
The United States is in the process of discovering the true extent of its unconventional natural gas resources primarily derived from shale, with estimates rising every year. Natural gas has become an increasingly available, low-priced commodity, and U.S. natural gas is in demand at home and abroad. The price of natural gas relative to coal has led to a trend of switching from coal to gas for electric generation.
Estimates of undiscovered technically recoverable natural gas have multiplied in recent years, rewriting the map on natural gas production. Pennsylvania is newly one of the top...
Shale Energy Technology Assessment: Current and Emerging Water Practices
Shale oil and gas (collectively referred to as shale energy), long considered “unconventional” hydrocarbon resources, are now being developed rapidly. Economic extraction of shale energy resources typically relies on the use of hydraulic fracturing. This technique often requires significant amounts of freshwater, and fracturing flowback and related wastewaters must be recycled or disposed of after a well is completed. While shale energy presents a significant energy resource, its development has the potential to pose risks to water availability and water quality.
This report provides a...
Water Resources Reform and Development Act of 2014: Comparison of Select Provisions
The Water Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121) became law on June 10, 2014. The conference report, H.Rept. 113-449, resolved differences between H.R. 3080, the Water Resources Reform and Development Act of 2013 (WRRDA 2013), and S. 601, the Water Resources Development Act of 2013 (WRDA 2013). Both bills represented omnibus authorization legislation for water resource activities, principally associated with the U.S. Army Corps of Engineers (Corps).
Authorizing and Deauthorizing Projects. WRRDA 2014 authorized 34 construction projects totaling $25.65...
Privacy Protection for Customer Financial Information
One of the functions transferred to the Consumer Financial Protection Bureau (CFPB) under P.L. 111-203, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), is authority to issue regulations and take enforcement actions under the two major federal statutes that specify conditions under which customer financial information may be shared by financial institutions: Title V of the Gramm-Leach-Bliley Act of 1999 (GLBA, P.L. 106-102) and the Fair Credit Reporting Act (FCRA). Possible topics for congressional oversight in the 113th Congress include (1) the transition of...
Fruits, Vegetables, and Other Specialty Crops: Selected Farm Bill and Federal Programs
U.S. farmers grow more than 350 types of fruit, vegetable, tree nut, flower, nursery, and other horticultural crops in addition to the major bulk commodity crops. Specialty crop producers are ineligible for the federal commodity price and income support programs that benefit commodity crop producers (e.g., grains and cotton); however, they are eligible for other types of U.S. Department of Agriculture (USDA) support. Unlike federal support for commodity crops, support for specialty crops spans a wide range of existing USDA programs, many of which also provide support to other agricultural...
Trade Adjustment Assistance Community College and Career Training Grants
Trade Adjustment Assistance Community College and Career Training (TAACCCT) grants are competitive grants to institutions of higher education to support the development, offering, and improvement of career training programs that can be completed in two years or less. The program targets workers who have been adversely affected by international trade, though non-trade-affected workers may also participate in TAACCCT-funded programs.
TAACCCT is administered by the Department of Labor (DOL). It was created by the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) and is...
Specialty Crop Provisions in the 2014 Farm Bill (P.L. 113-79)
U.S. farmers grow more than 350 types of fruit, vegetable, tree nut, flower, nursery, and other horticultural crops in addition to the major bulk commodity crops. Specialty crops, defined in statute as “fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops (including floriculture)” (P.L. 108-465; 7 U.S.C. §1621 note) comprise a major part of U.S. agriculture. In 2012, the value of farm-level specialty crop production totaled nearly $60 billion, representing about one-fourth of the value of U.S. crop production. The U.S. Department of Agriculture (USDA) reports...
The Federal Prison Industries: An Analysis of Sales, FY1993-FY2013
The Federal Prison Industries (FPI) is a government-owned corporation that employs offenders incarcerated in correctional facilities operated by the Department of Justice’s (DOJ’s) Federal Bureau of Prisons (BOP). The FPI was created to serve as a means for managing, training, and rehabilitating inmates in the federal prison system through employment in one of its industries.
The FPI manufactures products and provides services that are primarily sold to executive agencies in the federal government. In the past, federal departments and agencies were required to purchase products from the...
Hatch Act: Candidacy for Office by Federal Employees in the Executive Branch
The federal law commonly known as the “Hatch Act” applies to all federal officers and employees—other than the President and Vice President—in the agencies, departments, bureaus, and offices of the executive branch of the federal government. Under the significant amendments made to the law in 1993, the Hatch Act now generally permits most federal employees to engage in a wide range of voluntary, partisan political activities on their own off-duty time and away from the federal workplace. Some employees in specified agencies and positions, including those dealing with law enforcement and...
Hunting and Fishing: Issues and Legislation in the 113th Congress
For several years, the House and Senate have been considering various approaches to improve hunting and recreational fishing opportunities both on and off federal lands. The Bipartisan Sportsmen’s Act of 2014 (S. 2363) is pending in the Senate, and addresses many of the same topics considered by recent Congresses.
Hunting, fishing, and conservation have been linked since the advent of federal wildlife legislation. Among early examples are the Lacey Act of 1900, the first federal wildlife law, which made it a federal crime to ship game killed in violation of one state’s laws to another...
Introducing a Senate Bill or Resolution
This report provides an overview of the most common considerations that may be taken into account when preparing the initial draft for a Senate bill or resolution.
Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration
Since FY2008, the growth in the number of unaccompanied alien children (UAC) from Mexico, El Salvador, Guatemala, and Honduras seeking to enter the United States has increased substantially. Total unaccompanied child apprehensions increased from about 8,000 in FY2008 to 52,000 in the first 8 ½ months of FY2014. Since 2012, children from El Salvador, Guatemala, and Honduras (Central America’s “northern triangle”) account for almost all of this increase. Apprehension trends for these three countries are similar and diverge sharply from those for Mexican children. Unaccompanied child...
Remote Gambling: Industry Trends and Federal Policy
Gambling, once widely outlawed, is now a regulated, taxed activity that is legal in some form—bingo, card games, slot machines, state-run lotteries, casinos, and even online—in all but two states. Like so many other industries, the gambling industry is being transformed by technology that has begun to shift patronage from casinos, bingo halls, or stores selling lottery tickets to desktop computers and tablets connected to the Internet and to mobile devices that may communicate by telephone or direct satellite links. This report discusses remote gambling and the likely implications for the...
Financial Services and General Government (FSGG): FY2014 Appropriations
The Financial Services and General Government (FSGG) appropriations bill provides funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. Among those independent agencies are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), the Securities and Exchange Commission (SEC), and the United States Postal Service (USPS). The Commodity Futures Trading Commission (CFTC) is funded in the House through the...
The Patient Protection and Affordable Care Act (ACA, as amended) was signed into law by President Barack Obama on March 23, 2010. As is often the case with legislation, the ACA granted rulemaking authority to federal agencies to implement many of its provisions. The regulations issued pursuant to the ACA and other statutes carry the force and effect of law. Therefore, scholars and practitioners have long noted the importance of rulemaking to the policy process, as well as the importance of congressional oversight of rulemaking. For example, one scholar noted that the “Constitution’s grant...
The nomination and confirmation process for U.S. circuit and district court judges is of ongoing interest to Congress. Recent Senate debates over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama’s nominees in gaining Senate confirmation compared with other recent Presidents, as well as the pace of confirmation of his nominees compared to the nominees of other recent Presidents, and the relative prevalence of vacant judgeships compared to years past.
This report addresses these issues by providing a statistical analysis of...
U.S. Energy: Overview and Key Statistics
Energy policy has been a recurring issue for Congress since the first major crises in the 1970s. As an aid in policymaking, this report presents a current and historical view of the supply and consumption of various forms of energy.
The historical trends show petroleum as the major source of primary energy, rising from about 38% in 1950 to 45% in 1975, and then declining to about 40% in response to the energy crises of the 1970s. Significantly, the transportation sector continues to be almost completely dependent on petroleum, mostly gasoline. Oil prices, which had been low and stable...
Inland Waterways: Recent Proposals and Issues for Congress
Inland waterways are a significant part of the nation’s transportation system. Because of the national economic benefits of maritime transport, the federal government has invested in navigation infrastructure for two centuries. Commercial barge shippers and other waterway users receive significant support through federal funding for operational costs, capital expenditures, and major rehabilitation on inland waterways. Since the Water Resources Development Act of 1986, expenditures for construction and major rehabilitation projects on inland waterways have been cost-shared on a 50/50 basis...
Panama: Background and U.S. Relations
The Central American nation of Panama has had five successive elected civilian governments since its return to democratic rule in 1989, and a sixth is scheduled to assume power on July 1, 2014 with the inauguration of current Vice President Juan Carlos Varela as President. Hailing from the center-right Panameñista Party, Varela won the May 4, 2014 presidential election with 39% of the vote in a three-candidate race. Significantly, Varela defeated the candidate of the ruling Democratic Change party of current President Ricardo Martinelli, who was constitutionally prohibited from running for...
C-130 Hercules: Background, Sustainment, Modernization, Issues for Congress
The United States primary tactical airlift aircraft is the C-130. Nicknamed the Hercules, this venerable aircraft has been the workhorse of U.S. tactical airlift for the past 57 years. The majority of C-130s in the U.S. government are assigned to the U.S. Air Force, but the U.S. Navy, Marine Corps, and Coast Guard also operate sizeable C-130 fleets. The potential concerns for Congress include oversight of and appropriations for an aging C-130 fleet.
As the C-130 fleet ages, management issues arise with reduced reliability, obsolescence and reduced parts availability, and changing aviation...
U.S.-Vietnam Relations in 2014: Current Issues and Implications for U.S. Policy
After communist North Vietnam’s victory over U.S.-backed South Vietnam in 1975, the United States and Vietnam had minimal relations until the mid-1990s. Since the establishment of diplomatic relations in 1995, overlapping security and economic interests have led the two sides to expand relations across a wide range of sectors. In 2013, President Obama and his Vietnamese counterpart announced a “comprehensive partnership” that is to provide a framework for moving the relationship to a “new phase.” A key factor driving the two countries together is a shared concern about China’s increased...
The U.S. government uses federal credit (direct loans and loan guarantees) to allocate financial capital to a range of areas, including home ownership, higher education, small business, agriculture, and energy. At the end of FY2013, outstanding federal credit totaled $3.2 trillion. This report explains the budgetary treatment of federal credit, examines proposed reforms, and describes recent legislation.
Title V of the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508), the Federal Credit Reform Act of 1990 or FCRA, changed how the unified budget reports the cost of federal credit...
Syria: Overview of the Humanitarian Response
The ongoing conflict in Syria has created one of the most pressing humanitarian crises in the world. More than three years later, as of mid-June 2014, an estimated 9.3 million people inside Syria, nearly half the population, have been affected by the conflict, with nearly 6.5 million displaced. In addition, 2.8 million Syrians are displaced as refugees, with 97% fleeing to countries in the immediate surrounding region, including Turkey, Lebanon, Jordan, Iraq, Egypt, and other parts of North Africa. The situation is fluid and continues to worsen, while humanitarian needs are immense and...
Prayer and Religious Expression in Public Institutions: A Constitutional Analysis
The First Amendment of the U.S. Constitution prohibits the government from providing official support or endorsement of religion and from interfering with individuals’ exercise of religion. Balancing the constitutional protections under the Establishment and Free Exercise Clauses, as these provisions are known, often leads to questions regarding the extent to which religious activities may occur within public institutions or at public events. On one hand, permitting prayer at publicly sponsored activities arguably may suggest official support for religion. On the other hand, restricting...
Advertising by the Federal Government: An Overview
Government advertising can be controversial if it conflicts with citizens’ views about the proper role of government. Yet some government advertising is accepted as a normal part of government information activities.
It is difficult to calculate the amount of funds spent by the federal government on advertising each year. The reasons for this include (1) there is no government-wide definition of what constitutes advertising and (2) there is no central authority to which agencies are required to report advertising expenses.
However, an estimate of the federal government’s expenditures on...
Bond v. United States: Validity and Construction of the Federal Chemical Weapons Statute
The Chemical Weapons Convention obligates the United States to outlaw the use, production, and retention of weapons consisting of toxic chemicals. The Chemical Weapons Convention Implementation Act outlaws the possession or use of toxic chemicals, except for peaceful purposes. In Bond v. United States, the Supreme Court concluded that Congress had not intended the Act to reach a “run of the mill” assault case using a skin irritating chemical.
Carol Anne Bond, upon discovering that her husband had impregnated another woman, repeatedly dusted the woman’s mail box, front door knob, and car...
Membership in the United Nations and Its Specialized Agencies
Since the United Nations (U.N.) was established in 1945, the U.S. government, including many Members of Congress, has maintained an ongoing interest in the criteria and process for membership in the United Nations and its specialized agencies. The United Nations currently has 193 member states and two observer non-member states—the Holy See (Vatican) and “Palestine.”
Criteria and Process
The decision to admit a state into the United Nations is made by the U.N. General Assembly on the recommendation of the U.N. Security Council, including all five permanent members (P-5): the United...
High-Frequency Trading: Background, Concerns, and Regulatory Developments
High-frequency trading (HFT) is a broad term without a precise legal or regulatory definition. It is used to describe what many characterize as a subset of algorithmic trading that involves very rapid placement of orders, in the realm of tiny fractions of a second. Regulators have been scrutinizing HFT practices for years, but public concern about this form of trading intensified following the April 2014 publication of a book by author Michael Lewis. The Federal Bureau of Investigation (FBI), Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading...
Legislation to Approve the U.S.-Mexico Transboundary Hydrocarbons Agreement
This report discusses the U.S.-Mexico Transboundary Hydrocarbons Agreement and analyzes relevant legislative initiatives (S. 812 and H.R. 1613) and other legislative action surrounding Congress's approval of the Agreement (P.L. 113-67).
The table below provides names and contact information for CRS experts on various policy concerns of interest to Congress relating to the ongoing crisis in Iraq. Policy areas identified include the conflict in Iraq, al Qaeda affiliates, embassy security, military operations, war powers, sanctions, energy security, humanitarian issues and displaced persons, issues in the Middle East region, the United Nations, and other international actors.
The Project BioShield Act: Issues for the 113th Congress
In 2004, Congress passed the Project BioShield Act (P.L. 108-276) to provide the federal government with new authorities related to the development, procurement, and use of medical countermeasures against chemical, biological, radiological, and nuclear (CBRN) terrorism agents. However, the government still lacks countermeasures against many of the CBRN terrorism agents determined by the government to pose the greatest threat. Congress is likely to consider whether modifications of these authorities or new authorities would help address remaining gaps.
The authority generally referred to...
Summary Cost Data for Health Plans Available in Tennessee’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Tennessee’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in South Dakota’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in South Dakota’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Texas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Texas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Environmental Regulation and Agriculture
As the U.S. and global economies continue to struggle, some inside and outside of Congress have expressed concern about how environmental regulation may stifle growth and productivity. Much of the criticism has focused on environmental regulations promulgated by the Environmental Protection Agency (EPA). Some claim that EPA is overreaching its regulatory authority and imposing costly and burdensome requirements on society. In general, the agriculture community, among others, has been vocal in its concerns, contending that EPA appears to be focusing some of its recent regulatory efforts on...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2015 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts for around half...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 113th Congress
Real property disposal is the process by which federal agencies identify and then transfer, donate, or sell real property they no longer need. Disposition is an important asset management function because the costs of maintaining unneeded properties can be substantial, consuming financial resources that might be applied to long-standing real property needs, such as repairing existing facilities, or other pressing policy issues, such as reducing the national debt.
Despite the expense, federal agencies hold thousands of unneeded and underutilized properties. Agencies have argued that they...
Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System
The Sustainable Growth Rate (SGR) is the statutory method for determining the annual updates to the Medicare physician fee schedule (MPFS). Under the SGR formula, if expenditures over a period are less than the cumulative spending target for the period, the annual update is increased. However, if spending exceeds the cumulative spending target over a certain period, future updates are reduced to bring spending back in line with the target.
In the first few years of the SGR system, the actual expenditures did not exceed the targets and the updates to the physician fee schedule were close to...
Selected Legislative Proposals to Reform the Housing Finance System
The 113th Congress has seen several developments in the effort to reform the housing finance system. In the House, the Protecting American Taxpayers and Homeowners Act of 2013 (PATH Act; H.R. 2767) was ordered to be reported out of the House Financial Services Committee on July 24, 2013. The PATH Act proposes to wind down Fannie Mae and Freddie Mac (the government-sponsored enterprises, or GSEs) over several years. In this context, wind down refers to dissolving Fannie Mae and Freddie Mac by removing their charters and placing certain assets and liabilities into a receivership entity. It...
Proposed Transatlantic Trade and Investment Partnership (T-TIP): In Brief
This report provides a brief overview of the Transatlantic Trade and Investment Partnership (T-TIP), and discusses the congressional interest, market access, regulatory issues, and trade-related rules.
Analysis of Senate-Passed S. 2198: Emergency Drought Relief Act of 2014
Over the past five years, portions of the country have been gripped with extensive drought, including the state of California. Drought conditions in California are “exceptional” and “extreme” in much of the state, including in prime agricultural areas of the Central Valley, according to the U.S. Drought Monitor. Such conditions pose significant challenges to water managers who before this dry winter were already grappling with below-normal surface water storage in the state’s largest reservoirs. Groundwater levels in many areas of the state also have declined due to increased pumping over...
In general, year-round schools are schools that reorganize a traditional school year without allowing for any extended breaks in instruction (e.g., 10-week summer vacation). Rather, the days usually included in summer break are redistributed to create regular breaks throughout the year. While year-round schools have existed to some extent since the early 1900s, there was substantial growth in the number of year-round schools from the mid-1980s to 2000. In 1985, there were 410 year-round public schools, serving about 350,000 students. By 2000, the number of year-round public schools had...
Metropolitan Area Designations by OMB: History, 2010 Standards, and Uses
On June 28, 2010, the U.S. Office of Management and Budget (OMB) announced its uniform criteria, or “standards,” for delineating metropolitan and micropolitan statistical areas in the decade 2010 to 2020. Together, these areas are known informally as “metropolitan areas” and officially as “core-based statistical areas” (CBSAs); “core” refers to a large population concentration that is socially and economically integrated with surrounding territory. Also announced were the standards for delineating New England city and town areas (NECTAs), which are conceptually similar to CBSAs. The 2010...
The Federal Estate, Gift, and Generation-Skipping Transfer Taxes
This report contains an explanation of the major provisions of the federal estate, gift, and generation-skipping transfer taxes as they apply to transfers in 2014. The following discussion provides basic principles regarding the computation of these three transfer taxes.
The federal estate and generation-skipping transfer taxes were resurrected by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) after a hiatus of one year (2010). The American Taxpayer Relief Act of 2012 (ATRA) permanently extended the estate tax rules enacted by the 2010...
The Fourth Amendment Third-Party Doctrine
In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility,...
U.S. Air Force Bomber Sustainment and Modernization: Background and Issues for Congress
The United States’ existing long-range bomber fleet of B-52s, B-1s, and B-2s are at a critical point in their operational life span. With the average age of each airframe being 50, 28, and 20 years old, respectively, military analysts are beginning to question just how long these aircraft can physically last and continue to be credible weapon systems. As potential adversaries acquire 21st century defense systems designed to prevent U.S. access to the global commons (sea, air, space, and cyberspace) and to limit U.S. forces’ freedom of action within an operational area, the ability of these...
Middle East Respiratory Syndrome (MERS): Is It a Health Emergency?
Middle East Respiratory Syndrome (MERS) is a serious viral respiratory illness first reported in Saudi Arabia in 2012. The global count of MERS cases increased sharply this spring. As of May 28, 2014, 636 MERS cases (including 193 deaths) have been reported to the World Health Organization (WHO). To date, cases have originated from countries in or near the Arabian Peninsula: Saudi Arabia, the United Arab Emirates, Qatar, Oman, Jordan, Kuwait, Yemen, and Lebanon. Cases have spread to additional countries—the United Kingdom, France, Tunisia, Italy, Malaysia, the Philippines, Greece, Egypt,...
Domestic Federal Law Enforcement Coordination: Through the Lens of the Southwest Border
Federally led law enforcement task forces and intelligence information sharing centers are ubiquitous in domestic policing. They are launched at the local, state, and national levels and respond to a variety of challenges such as violent crime, criminal gangs, terrorism, white-collar crime, public corruption, even intelligence sharing. This report focuses on those task forces and information sharing efforts that respond to federal counterdrug and counterterrorism priorities in the Southwest border region. More generally, the report also offers context for examining law enforcement...
The Number of Veterans That Use VA Health Care Services: A Fact Sheet
This report provides data on the number of veterans and VA health care users, and discusses the allegations of long delays in treatments.
Estate and Gift Taxes for Nonresident Aliens
This report explains the major provisions of the federal estate and gift transfer taxes as they apply to transfers by nonresident aliens in 2014. Estate and gift taxes are two federal transfer taxes imposed on the passing of property title from one person or entity to another. The federal estate tax is levied on the transfer of property at death, while the federal gift tax is levied on the transfer of property during life by one individual to another while receiving nothing or less than full value in return. The following discussion provides basic principles regarding the computation of...
Domestic Human Trafficking Legislation in the 113th Congress
Legislation aimed at preventing trafficking in persons (TIP) is unambiguously part of the legislative agenda of the 113th Congress. TIP is believed to be one of the most prolific areas of contemporary criminal activity and is of significant interest to the United States as a serious human rights concern. TIP is both an international and domestic crime that involves violations of labor, public health, and human rights standards, as well as criminal law. The Trafficking Victims Protection Act (TVPA) is the primary law that addresses human trafficking. Domestically, anti-TIP efforts provided...
Once a nomination to a U.S. circuit court of appeals or district court judgeship is submitted to the Senate by the President, the Senate almost invariably refers it to the Senate Judiciary Committee. If the Judiciary Committee schedules a vote on a nominee, it usually will vote on a motion to report the nomination favorably. However, the committee could also vote on a motion to report without recommendation, to report unfavorably, or to table the nomination. If the committee votes to report—whether favorably, without recommendation, or unfavorably—the nomination moves to the full Senate....
In 1978, the Department of the Interior (Department) adopted a final rule setting forth the process by which a group may be recognized (also acknowledged) as an Indian tribe by the Department. Prior to that time, the Department made decisions on an ad hoc basis. However, in the wake of the treaty fishing rights case United States v. Washington and eastern land claims, more groups started seeking recognition as Indian tribes, and the Department could no longer manage the recognition requests on a case-by-case basis. The acknowledgement process, codified in 25 C.F.R. Part 83, sets forth a...
President Obama’s Climate Action Plan
On June 25, 2013, President Obama announced a Climate Action Plan (CAP) to reduce emissions of carbon dioxide (CO2) and other greenhouse gases (GHG), and to encourage adaptation to expected climate change. The President affirmed his 2009 pledge to reduce U.S. GHG emissions by 17% below 2005 levels by 2020 if all other major economies agreed to limit their emissions as well. In 2012, U.S. gross GHG emissions were approximately 10% below 2005 levels.
The President stated willingness to work with Congress toward enacting a bipartisan, market-based scheme to reduce GHG emissions. He also said...
The term “neglected tropical diseases” (NTDs) was coined by the World Health Organization (WHO) in 2003 to describe a set of diseases that are ancient, worsen poverty, and typically impair health and productivity while carrying low death rates. While the use of the term “NTDs” has helped to raise awareness about these long-standing health challenges, its use risks simplifying a complicated health challenge. Some of the diseases are treatable with drugs that can be administered by lay health workers irrespective of disease status, while others require diagnosis and can be treated only by...
Defense Acquisitions: How DOD Acquires Weapon Systems and Recent Efforts to Reform the Process
The Department of Defense (DOD) acquires goods and services from contractors, federal arsenals, and shipyards to support military operations. Acquisition is a broad term that applies to more than just the purchase of an item or service; the acquisition process encompasses the design, engineering, construction, testing, deployment, sustainment, and disposal of weapons or related items purchased from a contractor.
As set forth by statute and regulation, from concept to deployment, a weapon system must go through a three-step process of identifying a required (needed) weapon system,...
Defense Acquisition Reform: Background, Analysis, and Issues for Congress
The Department of Defense (DOD) relies extensively on contractors to equip and support the U.S. military in peacetime and during military operations, obligating more than $300 billion on contracts in FY2013.
Congress and the executive branch have long been frustrated with waste, mismanagement, and fraud in defense acquisitions and have spent significant resources attempting to reform and improve the process. These frustrations have led to numerous efforts to improve defense acquisitions. Since the end of World War II, every Administration and virtually every Secretary of Defense has...
Congress has created a variety of federal agencies to execute the law. To this end, agencies may adopt rules to implement laws and adjudicate certain disputes arising under such laws. As such, agencies enjoy considerable power to regulate different industries and affect the legal rights of people. In order to control the manner in which agencies operate, Congress has passed numerous statutes that impose procedural requirements on federal agencies. The Administrative Procedure Act, for example, dictates the procedures an agency must follow to establish a final, legally binding rule. Other...
Reauthorization Issues for the Magnuson Stevens Fishery Conservation and Management Act
The 113th Congress is actively considering reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). The MSFCMA governs the management and conservation of commercial and recreational fisheries in U.S. federal waters (3-200 nautical miles from shore). The MSFCMA was last reauthorized and extensively amended in 2006 (P.L. 109-479). Although the authorization of appropriations under the MSFCMA expired at the end of FY2013, the act’s requirements continue in effect and Congress has continued to appropriate funds to administer the act. Historically,...
House Office of General Counsel
The Office of General Counsel of the House of Representatives provides legal assistance and representation to Members, committees, officers, and employees of the House of Representatives on matters pertaining to their official duties. These services may include advising offices on confidentiality issues, release of constituent information, requests from executive branch agencies, and the issuance and response to subpoenas. The office is led by the House General Counsel, who is appointed by the Speaker of the House in consultation with the Bipartisan Legal Advisory Group. The professional...
Publications of Congressional Committees: A Summary
House and Senate committees publish a variety of documents dealing with legislative and other policy issues, investigations, and internal committee matters. These include committee hearings; legislative, investigative, conference committee, and committee activity reports; calendars; and committee prints. These publications are usually available from the issuing committee, the House or Senate document rooms, and increasingly, from committee websites as well. For more information on congressional operations, see http://crs.gov/analysis/Pages/CongressionalOperations.aspx.
Office of Legislative Counsel: House
The Office of the Legislative Counsel of the House of Representatives provides confidential, nonpartisan legislative drafting services to committees and Members of the House. The office’s legislative mandate is “the achievement of a clear, faithful, and coherent expression of legislative policies.” The Legislative Counsel, appointed by the Speaker of the House of Representatives, is responsible for the management and administration of the office. The professional staff of the office currently includes a deputy legislative counsel, approximately 50 attorneys, and an administrative support...
Office of Legislative Counsel: Senate
The Office of the Legislative Counsel of the Senate provides confidential, nonpartisan legislative drafting services to committees and Members of the Senate. The office’s legislative mandate is to “aid in drafting public bills and resolutions or amendments thereto.” The Legislative Counsel, appointed by the President pro tempore of the Senate, is responsible for the management and administration of the office. The professional staff of the office currently also includes a deputy legislative counsel, approximately 30 attorneys, and an administrative support staff. Services are provided on...
Fish and Wildlife Service: Compensation to Local Governments
Many counties are compensated for the presence of federal lands within their boundaries because these lands are exempt from local taxes. Counties with lands under the primary jurisdiction of the Fish and Wildlife Service (FWS) are compensated through the National Wildlife Refuge Fund (NWRF). Counties have argued that the program is underfunded; in some instances, counties raise lack of funding as an argument against the establishment of new refuges. At the same time, some hold that budget constraints argue for a reduction in the program. Congress has begun to examine the program for...
Mandatory Vaccinations: Precedent and Current Laws
Historically, the preservation of the public health has been the primary responsibility of state and local governments, and the authority to enact laws relevant to the protection of the public health derives from the state’s general police powers. With regard to communicable disease outbreaks, these powers may include the enactment of mandatory vaccination laws. This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated...
Publications of the U.S. House of Representatives
The U.S. House of Representatives produces several publications relating to the legislative functions of the House. They include, but are not limited to, publications dealing with rules and procedures, bills, anticipated and past legislative activities, committee matters, and chamber proceedings. This report provides a brief description of these publications.
Publications of the U.S. Senate
The U.S. Senate produces several publications relating to the legislative functions of the Senate. They include, but are not limited to, publications dealing with rules and procedures, bills, anticipated and past legislative activities, committee matters, and chamber proceedings. This report provides a brief description of these publications.
Office of Senate Legal Counsel
The Office of Senate Legal Counsel provides legal assistance and representation to Senators, committees, officers, and employees of the Senate on matters pertaining to their official duties. The office is led by the Senate Legal Counsel and deputy counsel, who are appointed by the President pro tempore upon the recommendation of the majority and minority leaders. The professional staff of the office includes three attorneys and a support staff. Services are provided upon request. For more information on the legislative process and congressional operations, see...
Congressional Research Service 7-5700 www.crs.gov RS21998 Summary Between May 22 and May 25, 2014, the 28 member states of the European Union (EU) will hold elections for the next European Parliament (EP). The Parliament is a key EU institution that represents the citizens of the EU. It works closely with the two other main EU bodies, the European Commission (the EU’s executive) and the Council of the European Union (also known as the Council of Ministers, in which the national governments of the EU’s 28 member states are represented). Members of the European Parliament (MEPs) serve...
Summary Cost Data for Health Plans Available in Oklahoma’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Oklahoma’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
The Power to Regulate Commerce: Limits on Congressional Power
The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state. However, the Commerce Clause has never been construed quite so narrowly. Rather, the clause, along with the economy of the United States, has grown and become more complex. In addition, when Congress began to address national social problems, the Commerce Clause was often cited as the...
Summary Cost Data for Health Plans Available in Ohio’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Ohio’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Mexico’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Mexico’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Hampshire’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Hampshire’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Jersey’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Jersey’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Nebraska’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Nebraska’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Centers for Medicare & Medicaid Services: President’s FY2015 Budget
Federal law requires the President to submit an annual budget to Congress no later than the first Monday in February. The budget informs Congress of the President’s overall federal fiscal policy based on proposed spending levels, revenues, and deficit (or surplus) levels. The budget request lays out the President’s relative priorities for federal programs, such as how much should be spent on defense, education, health, and other federal programs. The President’s budget may also include legislative proposals for spending and tax policy changes. While the President is not required to propose...
The Republic of the Philippines and U.S. Interests—2014
The United States and the Republic of the Philippines maintain close ties stemming from the U.S. colonial period (1898-1946), the bilateral security alliance bound by the Mutual Defense Treaty of 1951, and common strategic and economic interests. In the past decade, the Philippines has been one of the largest recipients of U.S. foreign assistance in Southeast Asia, including both military and development aid. Many observers say that U.S. public and private support to the Philippines following Typhoon Yolanda (Haiyan), which struck the central part of the country on November 8, 2013,...
Everglades Restoration: CERP and the Central Everglades Planning Project (CEPP)
This report provides definition for everglades, describes what is the Comprehensive Everglades Restoration Plan (CERP), and discusses the restoration of everglades project.
S. 2262, Shaheen-Portman Bill 2014: Energy Savings and Industrial Competitiveness Act
S. 2262 has four energy efficiency titles, which address buildings, industry, federal agencies, and certain regulatory measures. Title V would provide a budgetary offset for bill authorizations. The bill was derived directly from S. 1392, often referred to as the Shaheen-Portman bill of 2013. During the first session, floor action on S. 1392 was halted by a push for votes on controversial non-energy amendments. Many energy amendments were also prepared for S. 1392, but floor action stopped before formal consideration.
In the second session, anticipating the potential for further procedural...
Maritime Territorial Disputes in East Asia: Issues for Congress
Rising tensions stemming from maritime territorial disputes in East Asia have become a pressing challenge for U.S. policy makers, and pose one of the most complicated issues for the Obama Administration’s policy of strategic “rebalancing” towards the Asia-Pacific.
Since around 2005-2006, long-disputed waters and land features in the South China Sea and, more recently, the East China Sea have seen increasingly aggressive behavior from nations trying to strengthen claims to disputed areas. Although China is not the only nation that has sought to press its maritime territorial claims, actions...
CRS Resources on the FY2014 Funding Gap, Shutdown, and Status of Appropriations
When federal government agencies and programs lack budget authority, they experience a “funding gap.” Under the Antideficiency Act (31 U.S.C. §1341 et seq.), they must cease operations, except in certain circumstances. When there is a funding gap that affects many federal entities, the situation is often referred to as a government shutdown.
This report provides an annotated list of Congressional Research Service (CRS) resources and analyses relevant to the shutdown that commenced October 1, 2013, and terminated on October 17, 2013, funding gaps (sometimes referred to as lapses), and...
Afghanistan: Drug Trafficking and the 2014 Transition
Afghanistan is the world’s primary source of opium poppy cultivation and opium and heroin production, as well as a major global source of cannabis (marijuana) and cannabis resin (hashish). Drug trafficking, a long-standing feature of Afghanistan’s post-Taliban political economy, is linked to corruption and insecurity, and provides a source of illicit finance for non-state armed groups. Based on recent production and trafficking trends, the drug problem in Afghanistan appears to be worsening—just as the U.S. government finalizes plans for its future relationship with the government of...
U.S. Circuit Court Judges: Profile of Professional Experiences Prior to Appointment
This report provides an analysis of the professional qualifications and experiences of U.S. circuit court judges who are currently serving on the federal bench. Interest in the professional qualifications of those nominated to the federal judiciary has been demonstrated by Congress and others. Congressional interest in the professional experiences of those nominated by a President to the federal courts reflects, in part, the evaluative role of Congress in examining the qualifications of those who are nominated to life-tenure positions. Other organizations, such as the American Bar...
Unauthorized Aliens in the United States: Policy Discussion
The unauthorized immigrant (illegal alien) population in the United States is a key and controversial immigration issue. Competing views on how to address this population have been, and continue to be, a major obstacle to enacting immigration reform legislation.
It is unknown, at any point in time, how many unauthorized aliens are in the United States; what countries they are from; when they came to the United States; where they are living; and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey...
Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony
There are no federal statutes or Rules of the House of Representatives that directly affect the status of a Member of Congress who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, or the Rules of the House merely upon an indictment for an offense, prior to an establishment of guilt under the judicial system. Under House Rules, therefore, an indicted Member may continue to participate in congressional proceedings and considerations. Under the Constitution, a person under indictment is not disqualified from...
Provisions in the Bipartisan Budget Act of 2013 as an Alternative to a Traditional Budget Resolution
The Bipartisan Budget Act of 2013 (P.L. 113-67) included as Title I, Subtitle B, a section titled, “Establishing a Congressional Budget” designed to serve as a substitute for a traditional congressional budget resolution for FY2014 and potentially for FY2015. This report provides an explanation of such provisions, highlights how those provisions compare with a traditional budget resolution, and places them within the context of the budget process for FY2014 and FY2015.This report assumes a general understanding of the congressional budget process. For more information on the budget...
Select Committee on Benghazi: CRS Experts
The following table provides names and contact information for CRS experts on policy concerns relating to the Select Committee on Benghazi (H.Res. 567). In addition to the policy expertise identified below, related CRS products include CRS Insight IN10055, House Select Committee Precedents and Procedures and H. Res. 567, Establishing a Select Committee on the 2012 Benghazi Attack, by Christopher M. Davis; CRS Insight IN10022, Diplomatic Security After Benghazi, by Alex Tiersky; CRS Report R43195, Securing U.S. Diplomatic Facilities and Personnel Abroad: Legislative and Executive Branch...
Low-Income Assistance Programs: Trends in Federal Spending
This report examines the spending trends of 10 major need-tested benefit programs or groups of programs: (1) health care from Medicaid and the Children’s Health Insurance Program (CHIP); (2) the refundable portion of the health insurance tax credit enacted in the 2010 health care reform law; (3) the Supplemental Nutrition Assistance Program (SNAP); (4) assisted housing; (5) financial assistance for post-secondary students (Pell Grants); (6) compensatory education grants to school districts; (7) the Earned Income Tax Credit (EITC); (8) the Additional Child Tax Credit (ACTC); (9)...
FEMA’s Disaster Relief Fund: Overview and Selected Issues
The Robert T. Stafford Emergency Relief and Disaster Assistance Act (P.L. 93-288, as amended) authorizes the President to issue declarations for incidents ranging from destructive, large-scale disasters to more routine, less damaging events. Declarations trigger federal assistance in the forms of various response and recovery programs under the Stafford Act to state, local, and tribal governments. The Federal Emergency Management Agency’s (FEMA’s) Disaster Relief Fund (DRF) is the primary funding source for disaster response and recovery.
Funds from the DRF are used to pay for ongoing...
Reform of the Foreign Intelligence Surveillance Court (FISC): Selection of Judges
In the past year, the decisions and functions of the courts established under the Foreign Intelligence Surveillance Act (FISA) have received much public attention. FISA established two courts—the Foreign Intelligence Surveillance Court (FISC) and the FISA Court of Review—which have jurisdiction to review government applications to conduct electronic surveillance for foreign intelligence purposes. Various proposals have been introduced in Congress to amend the law that authorizes such surveillance and to change the internal practices and procedures of the courts. This report focuses on...
Summary Cost Data for Health Plans Available in Missouri’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Missouri’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in North Carolina’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in North Carolina’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Mississippi’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Mississippi’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Montana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Montana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Traditional Benefits and Alternative Benefit Plans Under Medicaid
The Medicaid program, which served an estimated 56.7 million people in FY2012, finances the delivery of a wide variety of preventive, primary, and acute care services as well as long-term services and supports for certain low-income populations. Benefits are available to beneficiaries through two avenues: traditional coverage and alternative benefit plans (ABPs, formerly known as benchmark plans, first established in P.L. 109-171, the Deficit Reduction Act of 2005).
The traditional Medicaid program covers a wide variety of mandatory services (e.g., inpatient hospital services, lab/x-ray...
Summary Cost Data for Health Plans Available in Idaho’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Idaho’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in North Dakota’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in North Dakota’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
South Africa: Politics, Economy, and U.S. Relations
South Africa is a multi-racial, majority black southern African country of nearly 52 million. It held its first universal suffrage elections in 1994, after a transition from white minority rule under apartheid, a system of state-enforced racial segregation and socioeconomic discrimination. South Africa entered a period of mourning in late 2013, upon the death of its first post-apartheid president, Nelson Mandela. He is viewed as the founding father of the countrys nonracial democratic system, the 20th anniversary of which was recently celebrated prior to national elections on May 7. South...
Charter schools are public schools of choice that are created in accordance with state laws and are publicly funded and tuition free. They are operated according to the terms of charters or contracts granted by public chartering agencies. The terms of charters typically provide charter school operators with increased autonomy over the operation of schools, often including exemptions from, or flexibility in the application of, many of the state or local regulations otherwise applicable to public schools. Enrollment in charter schools is normally open to applicants on a local educational...
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet
This fact sheet provides information regarding the number of unauthorized migrants apprehended between ports of entry along the Southwest border from FY2000 to FY2013. It includes
trends in apprehension numbers across the Southwest border patrol sectors since FY2000; and
a breakdown of apprehensions of nationals from Mexico and nationals from countries other than Mexico along the Southwest border patrol sectors.
Summary Cost Data for Health Plans Available in Kansas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Kansas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Trafficking in Persons: U.S. Policy and Issues for Congress
Trafficking in persons (TIP) for the purposes of exploitation is believed to be one of the most prolific areas of contemporary international criminal activity and is of significant interest to the United States and the international community as a serious human rights concern. TIP is both an international and a domestic crime that involves violations of labor, public health, and human rights standards, and criminal law.
In general, the trafficking business feeds on conditions of vulnerability, such as youth, gender, poverty, ignorance, social exclusion, political instability, and ongoing...
Interior, Environment, and Related Agencies: FY2013 and FY2014 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for most of the Department of the Interior (DOI) and for agencies within other departmentsincluding the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and numerous other entities.
For FY2014, $30.12 billion was appropriated for the approximately 30 agencies and entities typically funded in the annual Interior, Environment,...
Summary Cost Data for Health Plans Available in Louisiana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Louisiana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (ACA) in 2014
New federal tax credits, authorized under the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended), first became available in 2014 to help certain individuals pay for health insurance. The tax credits apply toward premiums for private health plans offered through “exchanges” (also referred to as health insurance marketplaces). ACA also establishes subsidies to reduce cost-sharing expenses.
Exchanges have been established in every state, either by the state itself or by the Secretary of Health and Human Services (HHS), as required under ACA. Exchanges are not insurers,...
Summary Cost Data for Health Plans Available in Indiana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Indiana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Maine’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Maine’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Community Development Block Grants and Related Programs: A Primer
The Community Development Block Grant (CDBG) program, administered by the Department of Housing and Urban Development (HUD), was first authorized by Title I of the Housing and Community Development Act of 1974, P.L. 93-383 (42 U.S.C. 5301, et seq.). The program is one of the largest and longest-standing federal block grants in existence, annually allocating billions of dollars in federal assistance to state and local governments in support of local neighborhood revitalization, housing rehabilitation, and community and economic development efforts. During the program’s 40-year existence,...
China and the United States—A Comparison of Green Energy Programs and Policies
China is the world’s most populous country with approximately 1.4 billion people. It has experienced tremendous economic growth over the last three decades with an average annual increase in gross domestic product (GDP) of 9.8% during that period. This has led to an increasing demand for energy, spurring China to more than double its electric power generating capacity in each of the last three decades, growing from 66 GigaWatts (GW) installed in 1980 to 1,100 GW installed as of 2011. Coal currently fuels about 66% of China’s electricity generation. However, the reduction of air pollution...
The Northeast Heating Oil Supply, Demand, and Factors Affecting Its Use
The United States exports and imports of refined petroleum products include distillate fuel oilthe general category for heating oil. In 2013, distillate fuel oil imports exceeded 56.4 million barrels, up from the previous years 46.2 million barrels. However, distillate fuel imports have been declining. Overall, some 6.9 million households rely on heating oil nationally. The number of overall household users, however, has declined from 8.7 million in 2006-2007, and the Energy Information Administration (EIA) projects a 3% decline for 2013-2014. By and large, the greatest demand for home...
Tier 3 Motor Vehicle Emission and Fuel Standards
On March 3, 2014, the Environmental Protection Agency finalized new (Tier 3) emission standards for light duty (and some larger) motor vehicles. Light duty vehicles include cars, SUVs, vans, and most pickup trucks. Phase-in of the standards will begin with Model Year 2017. By the time Tier 3 is fully implemented in Model Year 2025, the standards for light duty vehicles will require reductions of about 80% in tailpipe emissions of non-methane organic gases and nitrogen oxides (both of which contribute to the formation of ground-level ozone) and of about 70% in tailpipe emissions of...
Affordable Housing Provisions in Selected Housing Finance Reform Proposals
Congress is considering different approaches to reforming the housing finance system. One of the major policy issues to emerge concerns the role of the federal government in supporting affordable housing for low- and moderate-income households. Much of this debate centers on Fannie Mae and Freddie Mac, two government-sponsored enterprises (GSEs). As GSEs, Fannie Mae and Freddie Mac are hybrid entities, private companies with congressional charters that contain special privileges and certain responsibilities to support affordable housing. Some argue that the hybrid nature of the GSEsprivate...
Summary Cost Data for Health Plans Available in Georgia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Georgia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Iowa’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Iowa’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Conservation Provisions in the 2014 Farm Bill (P.L. 113-79)
The Agricultural Act of 2014 (2014 farm bill, P.L. 113-79) was enacted on February 7, 2014. After years of debate and deliberation, the enacted 2014 farm bill included a number of changes to the Conservation title (Title II), including program consolidation and reauthorization, amendments to conservation compliance, and a reduction in overall funding. Debate on the 2014 farm bill focused on a number of controversial issues. While many did not consider conservation to be controversial, nonetheless, a number of policy issues shaped the final version of the title and ultimately its role in...
SNAP and Related Nutrition Provisions of the 2014 Farm Bill (P.L. 113-79)
After action to reauthorize the 2008 farm bill in both the 112th and 113th Congresses, the Agriculture Act of 2014 (P.L. 113-79; 2014 farm bill) was enacted on February 7, 2014. In addition to farm programs and other agricultural policies, this newest omnibus farm bill reauthorizes the Supplemental Nutrition Assistance Program (SNAP) and other related nutrition programs. Farm bills since 1973 have included reauthorization of the Food Stamp Program (now called SNAP).
The enacted 2014 law reconciles differences between the House-passed bill (H.R. 2642, as combined with H.R. 3102, Nutrition...
Analysis of S. 2198: Emergency Drought Relief Act of 2014
Over the past five years, portions of the country have been gripped with extensive drought, including the state of California. Drought conditions in California are exceptional and extreme in much of the state, including in prime agricultural areas of the Central Valley, according to the U.S. Drought Monitor. Such conditions pose significant challenges to water managers who before this dry winter were already grappling with below-normal surface water storage in the states largest reservoirs. Groundwater levels in many areas of the state also have declined due to increased pumping over the...
Summary Cost Data for Health Plans Available in Illinois’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Illinois’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Moldova: Background and U.S. Policy
Although a small country, Moldova has been of interest to U.S. policy makers due to its position between NATO and EU member Romania and strategic Ukraine. In addition, some experts have expressed concern about Russian efforts to extend its hegemony over Moldova through various methods, including a troop presence, manipulation of Moldovas relationship with its breakaway Transnistria region, and energy supplies and other economic links. Moldovas political and economic weakness has made it a source of organized criminal activity of concern to U.S. policy makers, including trafficking in...
Federal Deposit Insurance for Banks and Credit Unions
The federal deposit insurance system in the United States protects depositors from losses that would occur in the event that a financial institution becomes insolvent, meaning that the institutions lending activities did not generate enough revenue to repay depositors their principal and interest. By guaranteeing depositor accounts up to a set limit, deposit insurance may also help prevent runs, which occur when bank customers lose confidence in the ability of a financial institution to repay its depositors and rush to withdraw deposits. A bank run, or panic, can spread and threaten the...
Achievements of and Outlook for Sanctions on Iran
Most experts agree that the multilateral sanctions imposed on Iran since 2010 have contributed significantly to producing flexibility in Irans position on the scope of its nuclear program. There is similar agreement that the effect of sanctions on Irans foreign policyparticularly on its core interests in the Middle East regionand on its human rights practices, appear to have been minimal to date. In assessing effectiveness, however, it is difficult to separate the effect of sanctions from other variables such as Irans purported economic mismanagement, attitudes of the Iranian public, and...
Long-Term Services and Supports: In Brief
[Summary will be suppressed] Long-term services and supports (LTSS) refer to a broad range of health and health-related services and supports that are needed by individuals over an extended period of time. The need for LTSS affects persons of all ages and is generally measured by limitations in an individuals ability to perform daily personal care activities (e.g., eating, bathing, dressing, walking) or activities that allow individuals to live independently in the community (e.g., shopping, housework, meal preparation). Most individuals with LTSS needs prefer to remain in their own homes...
Crop Insurance Provisions in the 2014 Farm Bill (P.L. 113-79)
Congressional Research Service 7-5700 www.crs.gov R43494 Summary The enacted 2014 farm bill (the Agricultural Act of 2014; P.L. 113-79) enhances the federal crop insurance program by expanding its scope, covering a greater share of farm losses, and making other modifications that broaden policy coverage. The changes stem from the desire of many in Congress, particularly members of the agriculture committees, to bolster what they consider to be the most significant aspect of the farm safety net. Under the federal crop insurance program, which is administered by the U.S. Department of...
Department of Homeland Security: FY2014 Appropriations
This report analyzes the FY2014 appropriations for the Department of Homeland Security (DHS). The Administration requested $39.0 billion in adjusted net discretionary budget authority for DHS for FY2014, as part of an overall budget of $60.0 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the budget caps). Net requested appropriations for major agencies within DHS were as follows: Customs and Border Protection (CBP), $10,833 million; Immigration and Customs Enforcement (ICE), $4,997 million; Transportation Security...
From the Washington Administration to the present, Congress and the President have enacted 11 separate formal declarations of war against foreign nations in five different wars. Each declaration has been preceded by a presidential request either in writing or in person before a joint session of Congress. The reasons cited in justification for the requests have included armed attacks on United States territory or its citizens and threats to United States rights or interests as a sovereign nation.
Congress and the President have also enacted authorizations for the use of force rather than...
In the last decade, Bolivia has transformed from a country plagued by political volatility and economic instability that was closely aligned with the United States to a relatively stable country with a growing economy that now has strained relations with the U.S. government. Located in the Andean region of South America, Bolivia, like Peru and Colombia, has been a major producer of coca leaf, the main ingredient in the production of cocaine. Since 2006, Bolivia has enjoyed a period of relative political stability and steady economic growth during the two presidential terms of populist...
Obstruction of justice is the impediment of governmental activities. There are a host of federal criminal laws that prohibit obstructions of justice. The six most general outlaw obstruction of judicial proceedings (18 U.S.C. 1503), witness tampering (18 U.S.C. 1512), witness retaliation (18 U.S.C. 1513), obstruction of congressional or administrative proceedings (18 U.S.C. 1505), conspiracy to defraud the United States (18 U.S.C. 371), and contempt (a creature of statute, rule and common law).
The laws that supplement, and sometimes mirror, the basic six tend to proscribe a particular...
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, it is several crimes. Obstruction prosecutions regularly involve charges under several statutory provisions. Federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report.
The general obstruction of justice provisions are six: 18 U.S.C. 1512 (tampering with federal witnesses), 1513 (retaliating against federal witnesses), 1503 (obstruction of pending federal court proceedings),...
Federal Aid to State and Local Governments: Select Issues Raised by a Federal Government Shutdown
This report explores two grant-administration issues specifically affected by the federal shutdown. It gives an overview of federal aid to state and local governments, characteristics of federal grants and methods for disbursing the funds, grant administration issues affected by a lapse in federal funding, and potential legislative options to reduce the impact of future government shutdowns.
Summary Cost Data for Health Plans Available in Alaska’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Alaska’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Executive Orders: Issuance, Modification, and Revocation
Executive orders, presidential memoranda, and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the executive branch, or outline a policy view intended to influence the behavior of private citizens. The U.S. Constitution does not define these presidential instruments and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power. Moreover, if they are based on appropriate authority, they have the force and effect of law. This report...
Summary Cost Data for Health Plans Available in Arizona’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Arizona’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Arkansas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Arkansas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Alabama’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Alabama’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Overview of Health Care Changes in the FY2015 House Budget
On April 1, 2014, House Budget Committee Chairman Paul Ryan released the chairmans mark of the FY2015 House budget resolution together with his non-binding report entitled The Path to Prosperity: Fiscal Year 2015 Budget Resolution, which outlines his budgetary objectives. The House Budget Committee considered and amended the chairmans mark on April 2, 2014, and voted to report the budget resolution to the full House. H.Con.Res. 96 was introduced in the House April 4, 2014, and was accompanied by the committee report (H.Rept. 113-403). H.Con.Res. 96 was agreed to by the House on April 10,...
Commerce, Justice, Science, and Related Agencies: FY2014 Appropriations
On March 26, 2013, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6). The act provides a total of $60.638 billion for Commerce, Justice, Science, and Related Agencies (CJS). After rescissions and sequestration, the act provided a total of $57.936 billion for CJS, of which $7.510 billion was for the Department of Commerce, $25.830 billion was for the Department of Justice, $23.769 billion was for the science agencies, and $827.9 million was for the related agencies.
On April 10, 2013, President Obama submitted his FY2014 budget to...
Returning to Full Employment: What Do the Indicators Tell Us?
Until recently, the economy and labor market were experiencing an unusually slow recovery from the longest and deepest recession since the Great Depression compared to other expansions since World War II. The rapid decline in the unemployment rate from 7.9% in January to 6.7% in December 2013 (where it remained in the first quarter of 2014) would seem to indicate that the labor market is returning to normal. The current unemployment rate is only 0.5 to 1.5 percentage points higher than the consensus range of full employment.
Unusually, the unemployment rate may not currently be a good...
Oil Sands and the Keystone XL Pipeline: Background and Selected Environmental Issues
If constructed, the Keystone XL pipeline would transport crude oil derived from oil sands sites in Alberta, Canada, to U.S. refineries and other destinations. Because the pipeline would cross an international border, it requires a Presidential Permit.
Although some groups have opposed previous oil pipelines, opposition to the Keystone XL proposal has generated substantially more interest. Stakeholder concerns vary from local impacts, such as oil spills or extraction impacts in Canada, to potential climate change consequences.
Arguments supporting the pipelines construction cover an...
Military Uniform Procurement: Questions and Answers
Military uniforms are procured through the Defense Logistics Agency (DLA), an agency of the Department of Defense (DOD). DLA is DODs largest combat support agency, providing worldwide logistics support for the United States military services, civilian agencies, and foreign countries. With headquarters in Fort Belvoir, VA, DLA operates three supply centers: DLA Aviation, DLA Land and Maritime, and DLA Troop Support. Military uniforms are procured through DLA Troop Support in Philadelphia, PA.
DLA Troop Support is responsible for procuring nearly all of the food, clothing, and medical...
The DHS S&T Directorate: Selected Issues for Congress
Policy makers generally believe that science and technology can and will play significant roles in improving homeland security. When Congress established the Department of Homeland Security (DHS), through the Homeland Security Act of 2002 (P.L. 107-296), it included the Directorate of Science and Technology (S&T) to ensure that the new department had access to science and technology advice and research and development (R&D) capabilities.
The S&T Directorate is the primary organization for R&D in DHS. It conducts R&D in several DHS laboratories and funds R&D conducted by other government...
Expiration and Extension of the 2008 Farm Bill
Farm bills, like many other pieces of legislation, have become more complicated and politically sensitive. They are taking longer to enact than in previous decades. Legislative delays have caused the past two farm bills (the 2002 and 2008 farm bills) to expire for short periods, and to be extended for months or a year while a new farm bill was developed.
The 2008 farm bill (the Food, Conservation, and Energy Act of 2008, P.L. 110-246) expired twice; the first time was from October 1, 2012 through January 1, 2013, and the second time was from October 1, 2013, through February 6, 2014. Some...
Programs Without a Budget Baseline at the End of the 2008 Farm Bill
The 2008 farm bill (the Food, Conservation, and Energy Act of 2008, P.L. 110-246 provided mandatory funding for many programs. Some of these programs had budget baseline beyond the end of the farm bill in FY2012, while others did not. Those with continuing baseline essentially had built-in future funding if policy makers decided that the programs should continue.
However, 37 programs that received mandatory funds during the 2008 farm bill were not assumed to continue from a budgetary perspective because they did not have a budgetary baseline beyond FY2012. Notable programs among this...
Budget Issues That Shaped the 2014 Farm Bill
Congress returns to the farm bill about every five years to establish an omnibus policy for food and agriculture. Deficit reduction influenced the Agricultural Act of 2014 (P.L. 113-79; 2014 farm bill) throughout its legislative development. Related political dynamics sometimes forced Congress to make difficult choices concerning how much total support to provide for agriculture and nutrition, and how to allocate it among competing constituencies.
The farm bill authorizes programs in two spending categories: mandatory and discretionary. Mandatory programs generally operate as...
U.S. Implementation of the Basel Capital Regulatory Framework
The Basel III international regulatory framework, which was produced in 2010 by the Basel Committee on Banking Supervision at the Bank for International Settlements, is the latest in a series of evolving agreements among central banks and bank supervisory authorities to standardize bank capital requirements, among other measures. Capital serves as a cushion against unanticipated financial shocks (such as a sudden, unusually high occurrence of loan defaults), which can otherwise lead to insolvency. The Basel III regulatory reform package revises the definition of regulatory capital and...
Analysis of Renewable Identification Numbers (RINs) in the Renewable Fuel Standard (RFS)
The federal Renewable Fuel Standard (RFS) was established in the Energy Policy Act of 2005 (EPAct) and significantly expanded in the Energy Independence and Security Act of 2007 (EISA). The RFS requires the use of renewable biofuels in transportation fuelfor 2013, the mandate was 16.55 billion gallons of renewable fuel. Within the larger mandate, there are sub-mandates (carve-outs) for advanced biofuels (e.g., biomass-based diesel and cellulosic fuels). By 2022, the RFS requires the use of 36 billion gallons of renewable fuels, including 21 billion gallons of advanced biofuels. For 2014,...
Waiver Authority Under the Renewable Fuel Standard (RFS)
Transportation fuels are required by federal law to contain a minimum amount of renewable fuel each year. The renewable fuel standard (RFS), established by the Energy Policy Act of 2005 (EPAct, P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140), required that a total of 16.55 billion gallons of renewable fuels be used to offset gasoline and diesel fuel in 2013. Under EISA, the scheduled mandates grow each year (to 36 billion gallons in 2022). However, the ability of fuel suppliers to meet the growing RFS mandates has been questioned. For 2014,...
Retirement and Survivor Annuities for Former Spouses of Federal Employees
A former spouse of a federal employee may be entitled to a share of the employees retirement annuity under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) if this has been authorized by a state court decree of divorce, annulment, or legal separation. An employee also may voluntarily elect a survivor annuity for a former spouse. A state court can award a former spouse a share of the employees retirement annuity, a survivor annuity, or both. A court also can award a former spouse of a federal employee a portion of the employees Thrift Savings Plan...
Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress
Recently invalidated aggregate limits on federal campaign contributions capped the total amount that one can give to all candidates, parties, or political action committees (PACs). For the 2014 election cycle, the aggregate limit for individual contributions was $123,200.The Supreme Court of the United States struck down the aggregate limits on April 2, 2014. Alabama contributor Shaun McCutcheon and the Republican National Committee (RNC) brought the case, McCutcheon v. FEC, after the aggregate limits prevented McCutcheon from contributing as desired to federal candidates and parties...
Global Security Contingency Fund: Summary and Issue Overview
The FY2012 National Defense Authorization Act (P.L. 112-81), Section 1207, created a new Global Security Contingency Fund (GSCF) as a four-year pilot project to be jointly administered and funded by the Department of Defense (DOD) and the State Department. The purpose of the fund is to carry out security and counterterrorism training, and rule of law programs. (There also are three one-year transitional authorities for assistance to Africa and Yemen.) The GSCF is placed under the State Department budget. Although decisions are to be jointly made by the Secretaries of State and Defense, the...
Lebanon: Background and U.S. Policy
Lebanons small geographic size and population belie the important role it has long played in the security, stability, and economy of the Levant and the broader Middle East. Congress and the executive branch have recognized Lebanons status as a venue for regional strategic competition and have engaged diplomatically, financially, and at times, militarily to influence events there. For most of its independent existence, Lebanon has been torn by periodic civil conflict and political battles between rival religious sects and ideological groups. External military intervention, occupation, and...
Federal Support for Streetcars: Frequently Asked Questions
Streetcars, a type of rail public transportation, are experiencing a revival in the United States. Also known as trolleys, streetcars were widespread in the early decades of the 20th century, but almost extinct by the 1960s. Several new streetcar systems have been built over the past 20 years, and many more are being planned. In early 2014, there were 12 operating streetcar systems, 7 new systems under construction, and approximately 21 new systems in the planning stages. Many streetcars systems, though not all, have been built or are being built with the support of federal funds.
This...
Armenia, Azerbaijan, and Georgia: Political Developments and Implications for U.S. Interests
The United States recognized the independence of Armenia, Azerbaijan, and Georgia when the former Soviet Union broke up at the end of 1991. The United States has fostered these states ties with the West in part to end their dependence on Russia for trade, security, and other relations. The United States has pursued close ties with Armenia to encourage its democratization and because of concerns by Armenian Americans and others over its fate. Close ties with Georgia have evolved from U.S. contacts with its pro-Western leadership. Successive Administrations have supported U.S. private...
Foreign Assistance to North Korea
Between 1995 and 2008, the United States provided North Korea with over $1.3 billion in assistance: slightly more than 50% for food aid and about 40% for energy assistance. Since early 2009, the United States has provided virtually no aid to North Korea, though episodically there have been discussions about resuming large-scale food aid. Additionally, the Obama Administration officials have said that they would be willing to consider other types of aid if North Korea takes steps indicating that it will dismantle its nuclear program, a prospect that most analysts view as increasingly...
Federal Minimum Wage, Tax-Transfer Earnings Supplements, and Poverty
Pending before Congress is legislation (S. 1737 and H.R. 1010) that would raise the federal minimum wage from its current $7.25 per hour to, ultimately, $10.10 per hour. The minimum wage would be adjusted for inflation thereafter. Whether the minimum wage or alternative policies, namely government-funded earnings supplements such as the Earned Income Tax Credit (EITC), are more effective in addressing poverty has been long debated.
The minimum wage affects workers regardless of their family status. A full-time, year-round worker at the current minimum wage would gross $15,080 in the year....
Survivor Benefits for Families of Civilian Federal Employees and Retirees
Federal employees with permanent appointments may be eligible for retirement and disability benefits under either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Most federal employees initially hired into permanent federal employment on or after January 1, 1984, are covered by FERS. Employees hired before January 1, 1984, are covered by CSRS unless they chose to switch to FERS during open seasons held in 1987 and 1998. Both FERS and CSRS provide survivor benefits for spouses and dependent children of employees and retirees. Survivors who had...
President Obama’s FY2015 budget proposal would establish within the Temporary Assistance for Needy Families (TANF) block grant a “Pathways to Jobs” fund. The fund would help states pay for subsidized employment programs targeted toward needy parents, guardians, and youth. Subsidized employment programs use government funds to pay all or part of the wages, benefits, and other costs of employing a participant. Under the President’s proposal, the subsidized job could be in either the public or the private sector. Funding for “Pathways to Jobs” would be $602 million per year beginning in...
This report discusses the sugar program that provides a price guarantee to the processors of sugarcane and sugar beets, and in turn, to the producers of both crops.
Veterans’ Medical Care: FY2014 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). This report focuses on funding for the VHA. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans...
Contractor Fraud Against the Federal Government: Selected Federal Civil Remedies
Because the federal government relies heavily on contractors to supply it with goods and services, fraud by these contractors potentially costs the government billions of dollars annually. Detecting, prosecuting, and deterring contractor fraud poses a challenge to federal agencies, which often possess limited resources. To combat contractor fraud, Congress has enacted several statutes that allow the federal government—and in some instances, private parties—to recover damages, civil penalties, or forfeitures against parties that make false or fraudulent claims for payment or engage in other...
The federal health center program is authorized in Section 330 of the Public Health Service Act (42 U.S.C. §§201 et. seq.) and administered by the Health Resources and Services Administration (HRSA) within the Department of Health and Human Services. It awards grants to support outpatient primary care facilities that provide care to primarily low-income individuals or individuals located in areas with few health care providers. Federal health centers are required to provide health care to all individuals regardless of their ability to pay and are required to be located in geographic areas...
Reform of the Foreign Intelligence Surveillance Courts: A Brief Overview
In the wake of recent disclosures concerning various National Security Agency (NSA) surveillance and data collection programs, several legislative changes to the government’s intelligence operations authority have been suggested. Under the Foreign Intelligence Surveillance Act of 1978 (FISA), the Foreign Intelligence Surveillance Court (FISC) reviews government applications to conduct surveillance and engage in data collection for foreign intelligence purposes, and the FISA Court of Review reviews rulings of the FISC. Some have proposed altering the underlying legal authorities relied on...
Sanitary and Phytosanitary (SPS) and Related Non-Tariff Barriers to Agricultural Trade
Sanitary and phytosanitary (SPS) measures are the laws, rules, standards, and procedures that governments employ to protect humans, animals, and plants from diseases, pests, toxins, and other contaminants. Examples include meat and poultry processing standards to reduce pathogens, residue limits for pesticides in foods, and regulation of agricultural biotechnology. Technical barriers to trade (TBT) cover technical regulations, product standards, environmental regulations, and voluntary procedures relating to human health and animal welfare. Examples include trademarks and patents, labeling...
Risk-Based Approaches to Airline Passenger Screening
Until recently, the Transportation Security Administration (TSA) had applied relatively uniform methods to screen airline passengers, focusing primarily on advances in screening technology to improve security and efficiency. TSA has recently shifted away from this approach, which assumes a uniform level of risk among all airline travelers, to one that focuses more intently on passengers thought to pose elevated security risks. Risk-based passenger screening includes a number of initiatives that fit within a broader framework addressing security risks, but specifically emphasizes the...
Russian Political, Economic, and Security Issues and U.S. Interests
Russia made uneven progress in democratization during the 1990s, but this limited progress was reversed after Vladimir Putin rose to power in 1999-2000, according to many observers. During this period, the State Duma (lower legislative chamber) became dominated by government-approved parties, gubernatorial elections were abolished, and the government consolidated ownership or control over major media and industries, including the energy sector. The Putin government showed low regard for the rule of law and human rights in suppressing insurgency in the North Caucasus, according to critics....
A number of the appointments made by President Barack H. Obama to his Administration or by Cabinet secretaries to their departments have been referred to, especially by the news media, as “czars.” For some, the term is used to convey an appointee’s title (e.g., climate “czar”) in shorthand. For others, it is being used to convey a sense that power is being centralized in the White House or certain entities. When used in political science literature, the term generally refers to White House policy coordination or an intense focus by the appointee on an issue of great magnitude. Congress has...
Tort Suits Against Federal Contractors: Selected Legal Issues
Contractors have played a considerable role in U.S. military operations over the last decade, and some commentators anticipate they will continue to do so in the future. Due in part to their heavy involvement in military operations, contractors have faced numerous tort suits, or suits seeking remedy for civil wrongs, in recent years. Many of these tort suits have alleged that contractors negligence, or failure to take due care, in performing contractual obligations has caused harms to third/private parties (as opposed to the contracting agency). Contractors have often responded to such...
Policy Issues in the General Motors Vehicle Recall
National Highway Traffic Safety Administration, NHTSA, Department of Transportation, DOT, General Motors, GM, motor vehicle air bags, ignition switch, vehicle recalls, product liability, bankruptcy, chapter 11, highway safety, TREAD Act.
Farm Commodity Provisions in the 2014 Farm Bill (P.L. 113-79)
Congressional Research Service 7-5700 www.crs.gov R43448 Summary The farm commodity program provisions in Title I of the Agricultural Act of 2014 (P.L. 113-79, the 2014 farm bill) include three types of support for crop years 2014-2018: Price Loss Coverage (PLC) payments, which are triggered when the national average farm price for a covered commodity (e.g., wheat, corn, soybeans, rice, and peanuts) is below its statutorily fixed “reference price”; Agriculture Risk Coverage (ARC) payments, as an alternative to PLC, which are triggered when crop revenue is below its guaranteed level based...
The Volcker Rule: A Legal Analysis
This report provides an introduction to the Volcker Rule, which is the regulatory regime imposed upon banking institutions and their affiliates under Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (P.L. 111-203). The Volker Rule is designed to prohibit “banking entities” from engaging in all forms of “proprietary trading” (i.e., making investments for their own “trading accounts”)—activities that former Federal Reserve Chairman Paul A. Volcker often condemned as contrary to conventional banking practices and a potential risk to financial stability. The...
Credit for Military Service Under Civilian Federal Employee Retirement Systems
Federal employees with permanent appointments earn pension benefits under one of two retirement plans. Employees hired after 1983 participate in the Federal Employees’ Retirement System (FERS). Employees hired before 1984 participate in the Civil Service Retirement System (CSRS) unless they elected to transfer to the FERS during open seasons held in 1987 and 1998. When Congress established the CSRS in 1920, it allowed veterans who subsequently became civilian federal employees to count their years of active-duty military service toward retirement eligibility and pension benefits under...
Reporting Foreign Financial Assets Under Titles 26 and 31: FATCA and FBAR
All citizens of the United States as well as U.S. resident aliens are required to report their world-wide income for U.S. federal income tax purposes. However, where foreign assets are involved, this is an area in which taxpayers, knowingly or unknowingly, may fail to comply with the law. There are numerous information reporting requirements involving foreign assets that may assist the Internal Revenue Service (IRS) in recognizing a failure to report foreign income; however, both taxpayers and tax preparers may not be fully compliant with filing these forms. Again, this may be more a...
The General Services Administration (GSA) controls more than 8,700 owned and leased buildings with 422 million square feet of floor space, which represents about 12.6% of the government’s 3.354 billion total building square footage .Sometimes referred to as the “government’s landlord,” GSA has the authority to acquire, operate, and dispose of real property on behalf of other federal agencies, including the judiciary. Its portfolio includes courthouses, land ports of entry, and federal office space.
Prior to seeking appropriations, GSA is required to obtain congressional authorization for...
Financial Condition of Depository Banks
A bank is an institution that obtains either a federal or state charter that allows it to accept federally insured deposits and pay interest to depositors. In addition, the charter allows banks to make residential and commercial mortgage loans; provide check cashing and clearing services; underwrite securities that include U.S. Treasuries, municipal bonds, commercial paper, and Fannie Mae and Freddie Mac issuances; and other activities as defined by statute.
Congressional interest in the financial conditions of depository banks or the commercial banking industry has increased in the wake...
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 in an effort to adapt copyright law to emerging digital technologies that potentially could be used to exponentially increase infringing activities online. Title II of the DMCA, titled the “Online Copyright Infringement Liability Limitation Act,” added a new Section 512 to the Copyright Act (Title 17 of the U.S. Code) in order to limit the liability of providers of Internet access and online services that may arise due to their users posting or sharing materials that infringe copyrights. Congress was concerned that without...
Net Neutrality: The FCC's Authority to Regulate Broadband Internet Traffic Management
This report discusses the major debate over the government's role in the Internet. Legally, the question appears to be whether the Federal Communications Commission (FCC or Commission) currently has the authority to regulate the ways in which Internet Service Providers (ISPs) manage Internet traffic over their networks.
Disability Retirement for Federal Employees
Paid sick leave, disability retirement, or workers’ compensation may provide benefits for federal civilian employees during periods of illness, disability, or workplace injury, respectively. Federal civilian employees earn 13 days of paid sick leave per year. Sick leave can be used because of the worker’s own illness or injury or to care for an ill or injured family member. A worker’s employing agency can advance up to 30 additional days of sick leave to an employee who has exhausted his or her accrued sick leave. A federal worker with a long-term disability can separate from service...
Older Americans Act: Title III Nutrition Services Program
The elderly nutrition services program, authorized under Title III of the Older Americans Act (OAA), provides grants to state agencies on aging to support congregate and home-delivered meals (commonly referred to as “meals on wheels”) programs for people aged 60 and older. The program is designed to address problems of food insecurity, promote socialization, and promote the health and well-being of older persons through nutrition and nutrition-related services. In 2012, a reported 8.8% of U.S. households with one elderly member were food insecure, defined as households reporting low or...
The Trend in Long-Term Unemployment and Characteristics of Workers Unemployed for Two Years or More
This report discusses trends in long term unemployment and characteristics such as gender, age, education, marital status of the very long-term for the unemployed.
The Supreme Court’s grant of review in Conestoga Wood Specialties Corp. v. Secretary of U.S. Department of Health and Human Services and Hobby Lobby Stores v. Sebelius, along with recent federal court decisions, has highlighted the ongoing controversy over the scope of the Affordable Care Act’s (ACA’s) contraceptive coverage requirement, which requires an employer to provide certain contraceptive coverage to its employees under its group health plan. Some employers have objected to the requirement, citing objections to the facilitation of the use of contraceptives in conflict with the...
Reform of the Foreign Intelligence Surveillance Courts: Introducing a Public Advocate
Recent revelations about the size and scope of government foreign surveillance efforts have prompted some to criticize the level of scrutiny that the courts—established under the Foreign Intelligence Surveillance Act of 1978 (FISA)—currently provide with respect to the government’s applications to engage in such surveillance. In response to concerns that the ex parte nature of many of the proceedings before the FISA courts prevents an adequate review of the government’s legal positions, some have proposed establishing an office led by an attorney or “public advocate” who would represent...
Sugar Provisions of the 2014 Farm Bill (P.L. 113-79)
The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) continues the sugar and the sugar-to-ethanol programs without change for another five years (i.e., through FY2019). The sugar program provides a minimum price guarantee to sugar crop processors and is structured to operate at no cost to the federal government using two tools: marketing allotments that limit the amount that sugar processors can sell, and import quotas that restrict the quantity of foreign sugar allowed to enter the U.S. market. The sugar-to-ethanol program is intended to be used if marketing allotments and the...
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court
The renewal of military commission proceedings against Khalid Sheik Mohammad and four others for their alleged involvement in the 9/11 terrorist attacks has focused renewed attention on the differences between trials in federal court and those conducted by military commission. The decision to try the defendants in military court required a reversal in policy by the Obama Administration, which had publicly announced in November 2009 its plans to transfer the five detainees from the U.S. Naval Station in Guantanamo Bay, Cuba, into the United States to stand trial in the U.S. District Court...
Selected Characteristics of Private and Public Sector Workers
An issue for Congress and state and local governments is whether the pay and benefits of public workers are comparable to those of workers in the private sector. In addition, among the ways to reduce budget deficits, policy makers are considering the pay and benefits of public sector employees.
The number of people employed in both the private and public sectors has increased steadily as the U.S. economy has grown. However, after increasing to 19.2% of total employment in 1975, the percentage of all jobs that are in the public sector fell to 15.7% in 1999. In 2013, public sector jobs...
Central Asia: Regional Developments and Implications for U.S. Interests
This report discusses the current status of Central Asian states and U.S. policy, which has been aimed at facilitating their cooperation with U.S. and NATO stabilization efforts in Afghanistan and their efforts to combat terrorism, proliferation, and trafficking in arms, drugs, and persons.
Forestry Provisions in the 2014 Farm Bill (P.L. 113-79)
The Agricultural Act of 2014 (P.L. 113-79, the 2014 farm bill) was signed into law by President Obama on February 7, 2014, after both the House and Senate voted to approve a conference agreement. The 2014 farm bill establishes agricultural and food policy for the next several years, and also addresses several aspects of federal forestry policy.
Forestry provisions were included in the Forestry title (Title VIII) of the 2014 farm bill as well as in some of the other titles. The 2014 farm bill generally repeals, reauthorizes, and modifies existing forestry assistance programs and provisions...
Department of Housing and Urban Development (HUD): FY2015 Budget Request Overview and Resources
Department of Housing and Urban Development (HUD) FY2015 President’s Budget Request
U.S. Nuclear Weapon “Pit” Production: Background and Options in Brief
Congress is involved in the long-running and costly decision regarding the future production of “pits”; a pit is a nuclear weapon’s plutonium core. Rocky Flats Plant (CO) mass-produced pits during the Cold War; production ceased in 1989. The Department of Energy (DOE), which maintains U.S. nuclear weapons, then established a small pit manufacturing capability at PF-4, a building at Los Alamos National Laboratory (LANL) (NM). PF-4 has made at most 11 pits per year (ppy). DOE also proposed higher-capacity facilities; none came to fruition.
U.S. policy is to maintain existing nuclear weapons....
Alternate Assessments for Students with Disabilities
The 113th Congress is actively considering whether to amend and extend the Elementary and Secondary Education Act (ESEA, P.L. 107-110). As part of these deliberations, consideration has been given to how students with disabilities are included in accountability systems. The ESEA and the Individuals with Disabilities Education Act (IDEA, P.L. 108-446) both require all students with disabilities to participate in district and state assessments. Because student achievement on state assessments is used to determine adequate yearly progress (AYP) in state accountability systems mandated by the...
Military Base Closures: Frequently Asked Questions
These FAQs examine the provisions in the Constitution and in permanent statute that define and limit federal authority to disestablish or diminish employment at defense sites. They do not discuss the special, temporary BRAC (Base Realignment and Closure) process that Congress has periodically authorized for the reduction of defense infrastructure.
The Mortgage Interest and Property Tax Deductions: Analysis and Options
Concern has increased over the size and sustainability of the United States’ recent budget deficits and the country’s long-run budget outlook. This concern has brought the issues of the government’s revenue needs and fundamental tax reform to the forefront of congressional debates. Congress may choose to address these issues by reforming the set of tax benefits for homeowners. According to the Joint Committee on Taxation, federally provided tax benefits for homeowners will cost approximately $136.3 billion annually between 2014 and 2017. Reducing, modifying, or eliminating all or some of...
The Role of TARP Assistance in the Restructuring of General Motors
In 2008 and 2009, collapsing world credit markets and a slowing global economy combined to create the worst market in decades for production and sale of motor vehicles in the United States and other industrial countries. Concern about the economic impact of a possible collapse of large parts of the U.S. automobile industry led both the Bush Administration and Members of Congress to seek legislative avenues to assist the automakers. Ultimately, General Motors Corporation (Old GM) and its successor General Motors Company (New GM) together received more than $50 billion in federal assistance...
The Army’s Ground Combat Vehicle (GCV) Program: Background and Issues for Congress
In April 2009, then-Secretary of Defense Gates announced he intended to significantly restructure the Army’s Future Combat System (FCS) program. The FCS was a multiyear, multibillion dollar program that had been underway since 2000 and was at the heart of the Army’s transformation efforts. In lieu of the cancelled FCS manned ground vehicle (MGV), the Army was directed to develop a ground combat vehicle (GCV) that would be relevant across the entire spectrum of Army operations and would incorporate combat lessons from Iraq and Afghanistan.
The Army reissued a request for proposal (RFP) for...
The largest sources of federal funding for elementary and secondary education are the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act (NCLB; P.L. 107-110), and the Individuals with Disabilities Education Act (IDEA; P.L. 108-446). The ESEA provides funding and services for a broad population of students, including disadvantaged students, migrant students, neglected and delinquent students, and students with limited English proficiency. Approximately 6 million students with disabilities ages 6 through 21 attend elementary and secondary schools;...
Climate Change Legislation in the 113th Congress
In the 113th Congress, Members have introduced multiple bills that include provisions that would directly or indirectly address climate change-related issues. In some cases, it is difficult to distinguish between direct and indirect climate change bills, because a specific bill or action may seek to achieve multiple objectives. The bills listed in this report include provisions that directly address climate change, as opposed to those that primarily address other issues (e.g., energy efficiency) but could have ancillary impacts on climate.
Observations about the climate change-related...
Department of Homeland Security Appropriations: FY2014 Overview and Summary
This report provides a brief outline of the FY2014 appropriations legislation for the Department of Homeland Security (DHS). The Administration requested $39.0 billion in adjusted net discretionary budget authority for DHS for FY2014, as part of an overall budget of $60.0 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the budget caps).
Congress did not enact annual FY2014 appropriations legislation prior to the beginning of the new fiscal year. From October 1, 2013, through October 16, 2013, the federal government (including DHS)...
On January 10, 2013, the Consumer Financial Protection Bureau (CFPB) released a final rule implementing the Ability-to-Repay (ATR) requirement of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The rule is effective January 10, 2014. The ATR rule will require a lender to determine based on documented and verified information that at the time a mortgage loan is made, the borrower has the ability to repay the loan. Failure to make such a determination could result in a lender having to pay damages to a borrower who brings a lawsuit claiming that the lender did...
Keystone XL: Greenhouse Gas Emissions Assessments in the Draft Environmental Impact Statement
On June 25, 2013, President Obama announced a national “Climate Action Plan” to reduce emissions of carbon dioxide (CO2) and other greenhouse gases (GHG), as well as to encourage adaptation to expected climate change. During his speech, the President made reference to the proposed Keystone XL Pipeline and stated that an evaluation of the project’s impacts on climate change would factor into the U.S. State Department’s national interest determination. The State Department, in the March 2013 Draft Environmental Impact Statement (DEIS) for the Keystone XL Pipeline, reports estimates for both...
The Taxation of Dividends: Background and Overview
The tax treatment of dividends has changed numerous times over the past century. Most recently, the American Taxpayer Relief Act (ATRA; P.L. 112-240) increased the tax rate on dividends, from 15% to 20%, for taxpayers in the top income tax bracket. The change was effective for 2013. Also effective in 2013 is the 3.8% tax on net investment income for taxpayers with modified adjusted gross income above certain thresholds ($200,000 for single, $250,000 for married filing jointly).
Further increases in the tax rate on dividends may be considered as part of a base-broadening, rate-reducing tax...
U.S. Diplomatic Missions: Background and Issues on Chief of Mission (COM) Authority
“Chief of Mission,” or COM, is the title conferred on the principal officer in charge of each U.S. diplomatic mission to a foreign country, foreign territory, or international organization. Usually the term refers to the U.S. ambassadors who lead U.S. embassies abroad, but the term also is used for ambassadors who head other official U.S. missions and to other diplomatic personnel who may step in when no ambassador is present. Appointed by the President, each COM serves as the President’s personal representative, leading diplomatic efforts for a particular mission or in the country of...
Restrictions on Itemized Tax Deductions: Policy Options and Analysis
The President and leading Members of Congress have indicated that income tax reform is a major policy objective. Some itemized deductions are visible candidates for “broadening the base” of the individual income tax and cutting back on tax expenditures and primarily consist of deductions for mortgage interest, state and local taxes, and charitable contributions. The benefits of itemized deductions are concentrated among higher-income individuals, and that is particularly the case for state and local income tax deductions and charitable deductions.
Proposals for addressing these provisions...
The Distribution of Household Income and the Middle Class
Although not itself a subject of legislation, the shape of the income distribution enters Congress’s decision-making process concerning such policy issues as taxes, means-tested benefits, and social insurance programs. Congress also considers legislation specifically in the name of those in the middle class, which is variously defined as some income level or income range within the distribution of U.S. households with income. After briefly analyzing the distribution of household money income in 2012, this report attempts to put the term middle class into greater perspective.
The first key...
Agriculture and Related Agencies: FY2014 and FY2013 (Post-Sequestration) Appropriations
The annual Agriculture appropriations bill provides funding for all of the U.S. Department of Agriculture (USDA) except the Forest Service, plus the Food and Drug Administration (FDA) and, in even-numbered fiscal years, the Commodity Futures Trading Commission (CFTC).
The FY2014 Agriculture and Related Agencies appropriations bill was included as Division A of the FY2014 Consolidated Appropriations Act, an omnibus appropriation that was enacted on January 17, 2014 (P.L. 113-76). It provides $20.880 billion of discretionary funding for agricultural and related programs. This is $1.165...
Taxation of Hedge Fund and Private Equity Managers
Private equity and hedge funds are investment pools generally available only to institutions and individuals able to make investments in excess of $200,000. Private equity funds acquire ownership stakes in other companies and seek to profit by improving operating results or through financial restructuring. Hedge funds follow many strategies, investing in any market where managers see profit opportunities. The two kinds of funds are generally structured as partnerships: the fund managers act as general partners, while the outside investors are limited partners. Fund managers are compensated...
Budgetary and Distributional Effects of Adopting the Chained CPI
This report examines the budgetary and distributional effects of using what is referred to as the Chained Consumer Price Index (C-CPI-U or chained CPI) as the official measure of inflation for adjusting federal revenue and spending programs for inflation.
Several other variations of the Consumer Price Index (CPI) are currently used to make automatic adjustments that affect both outlays and revenues. For example, the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) is the basis for adjusting Social Security benefits, while the Consumer Price Index for All Urban...
Carl D. Perkins Career and Technical Education Act of 2006: Background and Performance
The Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins IV; P.L. 109-270) supports the development of academic and career and technical skills among secondary education students and postsecondary education students who elect to enroll in career and technical education (CTE) programs, sometimes referred to as vocational education programs. Perkins IV was authorized through FY2012, which ended on September 30, 2012. The authorization was extended through FY2013 under the General Education Provisions Act, although the act continues to receive appropriations in...
Direct Overt U.S. Aid Appropriations for and Military Reimbursements to Pakistan, FY2002-FY2015
This report provides data regarding the direct overt U.S. aid appropriations and military reimbursements to Pakistan.
Highway and Public Transportation Infrastructure Provision Using Public-Private Partnerships (P3s)
Growing demands on the transportation system and constraints on public resources have led to calls for more private sector involvement in the provision of highway and transit infrastructure through what are known as “public-private partnerships” or “P3s.” A P3, broadly defined, is any arrangement whereby the private sector assumes more responsibility than is traditional for infrastructure planning, financing, design, construction, operation, and maintenance. Some P3s involve the leasing by the public sector to the private sector of existing infrastructure, while others provide for a...
The Workforce Investment Act of 1998 (WIA, P.L. 105-220) is the primary federal law that provides job training and related services to unemployed and underemployed individuals, including vulnerable young people with barriers to employment. All youth job training programs and related services are authorized under Title I of WIA and administered by the Department of Labor (DOL). These programs include the WIA Youth Activities formula program, Job Corps, and YouthBuild. The Job Corps program was established in the 1960s and is the oldest federal job training and employment program (among...
Efforts to Delay the Gradual Elimination of Flood Insurance Premium Subsidies
On July 6, 2012, President Barack Obama signed into law the Biggert-Waters Flood Insurance Reform Act of 2012 (Division F, Title II, P.L. 112-141; 126 Stat. 918) to reauthorize the National Flood Insurance Program (NFIP) through September 30, 2017, and make significant program changes designed to make the program more financially stable. To achieve long-term financial sustainability and ensure that flood insurance rates more accurately reflect the actuarial risk of flooding, the new law gradually phases out subsidized premiums and grandfathered policies for approximately 19% (or about 1.1...
Department of Defense Trends in Overseas Contract Obligations
This report examines Department of Defense's (DOD) overseas contract obligations in the larger context of U.S. government and DOD contract spending, and how contract obligations are used to support DOD operations in different regions. This report also examines the extent to which this data is sufficiently reliable to use as a factor when developing policy or understanding government operations.
The Marine Corps characterizes itself as a crisis response expeditionary force which is task organized and able to conduct operations across the entire spectrum of military operations. The Corps is a “middleweight force” that is designed to fill the void in our Nation’s defense structure between light Special Operations Forces (SOF) and heavier conventional units. The Marines’ missions are codified in U.S. Code, Title 10, Section 5063, United States Marine Corps: Composition and Functions, and marines are the nation’s primary amphibious force, capable of conducting amphibious assault...
Army Drawdown and Restructuring: Background and Issues for Congress
On January 26, 2012, senior DOD leadership unveiled a new defense strategy based on a review of potential future security challenges, current defense strategy, and budgetary constraints. This new strategy envisions a smaller, leaner Army that is agile, flexible, rapidly deployable, and technologically advanced. This strategy will rebalance the Army’s global posture and presence, emphasizing where potential problems are likely to arise, such as the Asia-Pacific region and the Middle East.
As part of the Administration’s original proposal, two armored brigade combat teams (ABCTs) in Europe...
Federal Trust Funds and the Budget
The federal budget consists of four basic fund groups—the general fund, special funds, revolving funds, and trust funds. The first three are often referred to as the federal funds group. Trust funds are an accounting mechanism that records revenues, offsetting receipts, or collections earmarked for the purpose of the specific fund. Trust funds generally share three common features: (1) they are established for programs serving long-term purposes, (2) monies are used for a single purpose, and (3) users are charged to finance the trust fund. About 40% of all federal outlays were through...
The Obama Administration’s Proposal to Establish a National Network for Manufacturing Innovation
Manufacturing plays an important role in the nation’s economy, employment, and national defense. Accordingly, Congress has maintained a strong interest in the health of the U.S. manufacturing sector. Some analysts have expressed concerns about a decades-long decline in manufacturing employment punctuated by a steep drop from 2001 to 2010, as well as about the offshore outsourcing of production and related functions, such as research and development, by U.S. manufacturers. Others see the U.S. manufacturing sector as vibrant and healthy as evidenced by growth in output and productivity.
In...
Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy
Free trade areas (FTAs) are arrangements among two or more countries under which they agree to eliminate tariffs and nontariff barriers on trade in goods among themselves. However, each country maintains its own policies, including tariffs, on trade outside the region.
In the last few years, the United States has engaged or has proposed to engage in negotiations to establish bilateral and regional free trade arrangements with a number of trading partners. Such arrangements are not new in U.S. trade policy. The United States has had a free trade arrangement with Israel since 1985 and with...
Emergency Water Assistance During Drought: Federal Non-Agricultural Programs
Drought conditions often fuel congressional interest in federal assistance. While drought planning and preparedness are largely individual, business, local, and state responsibilities, some federal assistance is available to mitigate drought impacts. While much of the federal assistance is targeted at mitigating impacts on the agricultural economy, other federal programs are authorized to provide non-agricultural water assistance. Interest in these non-agricultural programs often increases as communities, households, and businesses experience shrinking and less reliable water supplies....
Energy and Water Development: FY2014 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior’s Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
FY2013 Energy and Water Development appropriations were considered in the context of the Budget Control Act of 2011 (BCA, P.L. 112-25), which established discretionary spending limits for FY2012-FY2021. On March 26, 2013, the President signed H.R. 933, the FY2013 Defense and Military Construction/VA, Full Year...
The Lacey Act: Compliance Issues Related to Importing Plants and Plant Products
The Lacey Act regulates the trade of wildlife and plants and creates penalties for a broad spectrum of violations. In 2008, the Lacey Act was amended to include protections for foreign plants and to require adherence to foreign laws as they pertain to certain conservation and other activities involving plants. Further, the 2008 amendments make it unlawful to submit falsified documents related to any plant or plant product covered by the act, and to import certain plants and plant products without an import declaration.
The primary drivers behind the Lacey Act amendments of 2008 (2008...
The 2014 Quadrennial Defense Review (QDR) and Defense Strategy: Issues for Congress
By statute, the Department of Defense (DOD) is required, by Section 118, Title 10, U.S. Code, to submit to Congress a report based on its most recent Quadrennial Defense Review (QDR) process, no later than the President submits his budget request for Fiscal Year 2015. The “2014 QDR” review process took place against the backdrop of key changes in the global strategic context, recent evolutions in U.S. strategic priorities, and a tighter fiscal context. The 2014 process also drew on a series of recent reviews and guidance documents—a 2011 DOD “comprehensive review” initially launched by...
FY2014 National Defense Authorization Act: Selected Military Personnel Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing operations in Afghanistan, along with the operational role of the Reserve Components, further heighten interest in a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on the initial House-passed version of the National Defense Authorization Act for Fiscal Year 2014 and on the bill that was enacted and became law (P.L. 113-66). This report...
Reform of the Foreign Intelligence Surveillance Courts: Disclosure of FISA Opinions
In response to the disclosure of various National Security Agency (NSA) surveillance and data collection programs, a number of legislative changes to the government’s intelligence operations authority have been suggested. Under the Foreign Intelligence Surveillance Act of 1978 (FISA), the Foreign Intelligence Surveillance Court (FISC) reviews government applications to conduct surveillance and engage in data collection for foreign intelligence purposes, and the FISA Court of Review reviews rulings of the FISC. Most FISA opinions are classified by the executive branch. Some have raised...
The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources
This report examines the original intent and purpose of the Berry Amendment and legislative proposals to amend the application of domestic source restrictions, as well as potential options for Congress. In order to protect the U.S. industrial base during periods of adversity and war, Congress passed domestic source restrictions as part of the 1941 Fifth Supplemental Department of Defense (DOD) Appropriations Act. These provisions later became known as the Berry Amendment. The Berry Amendment (Title 10 United States Code [U.S.C.] §2533a, Requirement to Buy Certain Articles from American...
FY2014 Continuing Resolutions: Overview of Components
Four continuing resolutions (CRs) were enacted during the FY2014 appropriations process, to provide temporary funding until the Consolidated Appropriations Act, FY2014, was enacted on January 17, 2014 (P.L. 113-76).
The first two CRs were enacted before and during the FY2014 funding gap, which commenced on October 1, 2013, and terminated on October 17, 2013. Both of these were “narrow” CRs, in that they only funded certain prior year projects and activities. The first CR, the Pay Our Military Act (H.R. 3210; P.L. 113-39), was enacted on September 30, 2013. It provided funds for certain...
EU-U.S. Economic Ties: Framework, Scope, and Magnitude
The United States and the European Union (EU) economic relationship is the largest in the world—and it is growing. The modern U.S.-European economic relationship has evolved since World War II, broadening as the 6-member European Community expanded into the present 28-member European Union. The ties have also become more complex and interdependent, covering a growing number and type of trade and financial activities. The United States and the EU have embarked on negotiations to establish a free trade agreement—the Transatlantic Trade and Investment Partnership (TTIP).
In 2012 (latest data...
U.S. Nuclear Weapon “Pit” Production Options for Congress
A “pit” is the plutonium core of a nuclear weapon. Until 1989, the Rocky Flats Plant (CO) mass-produced pits. Since then, the United States has made at most 11 pits per year (ppy). U.S. policy is to maintain existing nuclear weapons. To do this, the Department of Defense states that it needs the Department of Energy (DOE), which maintains U.S. nuclear weapons, to produce 50-80 ppy by 2030. While some argue that few if any new pits are needed, at least for decades, this report focuses on options to reach 80 ppy.
Pit production involves precisely forming plutonium—a hazardous, radioactive,...
In February 2013, the House of Representatives announced that there will be an annual Congressional Academic Competition for Science, Technology, Engineering, and Mathematics (STEM) Education. The aim of the competition is to promote entrepreneurship and innovation. The annual competition is open to any enrolled high school or homeschooled student in a participating congressional district.
The first Congressional Academic Competition focuses on developing applications for mobile, tablet, and computer platforms. The 2014 competition is known as the House Student App Challenge. Recognizing...
Submission of Mental Health Records to NICS and the HIPAA Privacy Rule
Questions about the scope and efficacy of the background checks required during certain firearm purchases have gained prominence following recent mass shootings. These background checks are intended to identify whether potential purchasers are prohibited from purchasing or possessing firearms due to one or more “prohibiting factors,” such as a prior felony conviction or a prior involuntary commitment for mental health reasons. Operationally, such background checks primarily use information contained within the National Instant Criminal Background Check System (NICS) and a particular focus...
FBI Director: Appointment and Tenure
The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. Over this time, seven nominations have been confirmed and two have been withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder cannot be reappointed, unless Congress acts to allow a second appointment of the incumbent....
Motorized Recreation on National Park Service Lands
In managing its lands, the National Park Service (NPS) seeks to balance a dual statutory mission of preserving natural resources while providing for their enjoyment by the public. Motorized recreation on NPS lands sometimes brings the two parts of this mission into conflict. Off-highway vehicles (OHVs) have been particularly controversial, with calls for greater recreational access intersecting with concerns about environmental impacts and disturbance of quieter pursuits. NPS’s laws, regulations, and policies generally emphasize the conservation of park resources in conservation/use...
Federal Research and Development Funding: FY2014
Congress completed action on the FY2014 regular appropriations bills with enactment of the Consolidated Appropriations Act, 2014 (P.L. 113-76), in January 2014. The act contains the 12 regular appropriations bills that fund federal departments and agencies and provide funding for most research and development (R&D) supported by the federal government. Prior to enactment of P.L. 113-76, FY2014 funding was provided by two continuing resolutions (P.L. 113-46 and P.L. 113-73). Where possible, CRS has identified and included in this report R&D funding in P.L. 113-76 for agencies and programs....
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. For this report, “homegrown” describes terrorist activity or plots perpetrated within the United States or abroad by American citizens, lawful permanent residents, or visitors radicalized largely within the United States. The term “jihadist” describes radicalized individuals using Islam as an ideological and/or religious justification for their belief in the establishment of a global caliphate, or jurisdiction governed by a Muslim civil and religious leader known as a caliph. The term...
The Domestic Terrorist Threat: Background and Issues for Congress
The emphasis of counterterrorism policy in the United States since Al Qaeda’s attacks of September 11, 2001 (9/11) has been on jihadist terrorism. However, in the last decade, domestic terrorists—people who commit crimes within the homeland and draw inspiration from U.S.-based extremist ideologies and movements—have killed American citizens and damaged property across the country. Not all of these criminals have been prosecuted under terrorism statutes. This latter point is not meant to imply that domestic terrorists should be taken any less seriously than other terrorists.
The Department...
Reducing Cost-of-Living Adjustments for Military Retirees and the Bipartisan Budget Act: In Brief
In addition to raising budget caps in FY2014 and FY2015, the Bipartisan Budget Act (BBA) reduced the cost of living adjustments (COLAs) provided to working-age military retirees under the age of 62 from the full Consumer Price Index (CPI) to the CPI less 1%. Military retirees would then receive a “bump-up” at age 62 that would raise their benefit level to an amount that included full rather than partial CPI adjustments for each year below the age of 62. This new benefit level would then be increased for full CPI adjustments in later years. According to CBO, this change would have saved the...
The Federal Bureau of Investigation and Terrorism Investigations
The Federal Bureau of Investigation (FBI, the Bureau) is the lead federal law enforcement agency charged with counterterrorism investigations. Since the September 11, 2001 (9/11) attacks, the FBI has implemented a series of reforms intended to transform itself from a largely reactive law enforcement agency focused on investigations of criminal activity into a more proactive, agile, flexible, and intelligence-driven agency that can prevent acts of terrorism.
This report provides background information on key elements of the FBI terrorism investigative process based on publicly available...
Countering Violent Extremism in the United States
In August 2011, the Obama Administration announced its counter-radicalization strategy. It is devised to address the forces that influence some people living in the United States to acquire and hold radical or extremist beliefs that may eventually compel them to commit terrorism. This is the first such strategy for the federal government, which calls this effort “combating violent extremism” (CVE). Since the Al Qaeda attacks of September 11, 2001, the U.S. government has prosecuted hundreds of individuals on terrorism charges. Unlike the necessarily secretive law enforcement and...
U.S. and EU Motor Vehicle Standards: Issues for Transatlantic Trade Negotiations
In March 2013, President Obama notified Congress that his Administration would seek a comprehensive Transatlantic Trade and Investment Partnership (TTIP) with the European Union (EU). In addition to addressing tariffs and other trade restrictions, the negotiations seek to reduce regulatory barriers to transatlantic commerce. Among the barriers under discussion are those affecting motor vehicles. Although many automakers build and sell cars in both regions, they must comply with very different safety, fuel economy, and emissions standards, as well as different regulatory processes. TTIP...
Crude Oil Properties Relevant to Rail Transport Safety: In Brief
The dramatic increase in U.S. crude oil production, coupled with the increase in crude oil transport by rail, has raised questions about whether properties (e.g., flammability) of these crude types—particularly Bakken crude oil from North Dakota—differ sufficiently from other crude oils to warrant any additional handling considerations. The U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Safety Alert to notify emergency responders, shippers, carriers, and the public that recent derailments and resulting fires indicate that the type of crude oil transported from...
U.S.-Japan Economic Relations: Significance, Prospects, and Policy Options
Japan and the United States are two major economic powers. Together they account for over 30% of world domestic product, for a significant portion of international trade in goods and services, and for a major portion of international investment. This economic clout makes the United States and Japan potentially powerful actors in the world economy. Economic conditions in the United States and Japan have a significant impact on the rest of the world. Furthermore, the U.S.-Japan bilateral economic relationship can influence economic conditions in other countries.
The U.S.-Japan economic...
U.S. forests are crisscrossed by thousands of miles of logging roads. When it rains or snow melts, runoff from these roads can be environmentally harmful, so how to address this runoff under the Clean Water Act (CWA) has long been an issue.
On March 20, 2013, the Supreme Court in Decker v. Northwest Environmental Defense Center addressed one aspect of this issue: logging road runoff that is discharged into CWA-covered waters from ditches, culverts, or other channels. Such conveyances arguably make the runoff a “point source” under the CWA, which normally means that a permit under the...
State Government Fiscal Stress and Federal Assistance
This report examines the current status of state fiscal conditions and the role of federal assistance in state budgets. It begins with an overview of state budgeting procedures and then provides budgetary data comparing state fiscal conditions in FY2008 to FY2013. This report concludes with an assessment of the consequences current levels of state fiscal stress may have for the 113th Congress.
Table Egg Production and Hen Welfare: Agreement and Legislative Proposals
The United Egg Producers (UEP), the largest group representing egg producers, and the Humane Society of the United States (HSUS), the largest animal protection group, have been adversaries for many years over the use of conventional cages in table egg production. In July 2011, the animal agriculture community was stunned when the UEP and HSUS announced that they had agreed to work together to push for federal legislation to regulate how U.S. table eggs are produced. The agreement between UEP and HSUS called for federal legislation that would set cage sizes, establish labeling requirements,...
Introduction to Public Housing
“Public housing” is often used as a generic term to refer to all publicly assisted housing, but the term “public housing” actually refers to a specific federal program. Created in 1937, the low-rent public housing program was the first major federal rental housing assistance program. The program initially subsidized the construction, and later the ongoing operation and maintenance, of multifamily rental housing properties for low-income families. While public housing is a federally created and funded program, the properties are owned and managed at the local level by quasi-governmental...
The National Telecommunications and Information Administration (NTIA): Issues for the 113th Congress
The National Telecommunications and Information Administration (NTIA), a bureau of the Department of Commerce, is the executive branch’s principal advisory office on domestic and international telecommunications and information policies. Its mandate is to provide greater access for all Americans to telecommunications services, support U.S. efforts to open foreign markets, advise on international telecommunications negotiations, and fund research for new technologies and their applications. NTIA also manages the distribution of funds for several key grant programs. Its role in managing...
The 2014 Farm Bill: Changing the Treatment of LIHEAP Receipt in the Calculation of SNAP Benefits
The Agricultural Act of 2014 (“the 2014 farm bill”) was enacted on February 7, 2014. Included in the law’s reauthorization of the Supplemental Nutrition Assistance Program (SNAP) is a change to how Low Income Home Energy Assistance Program (LIHEAP) payments are treated in the calculation of SNAP benefits. This change is expected to reduce some households’ monthly benefit amounts, particularly households in states that have adopted the so-called “Heat and Eat” practice, where states leverage a nominal LIHEAP benefit into a larger SNAP benefit. The Congressional Budget Office (CBO) estimated...
The 2014 Farm Bill (P.L. 113-79): Summary and Side-by-Side
Congress periodically establishes agricultural and food policy in a multi-year, omnibus farm bill. The 2008 farm bill governed policy for farm commodity support, horticulture, livestock, conservation, nutrition assistance, trade and international food aid, agricultural research, farm credit, rural development, bioenergy, and forestry. It originally expired in 2012, but the 112th Congress did not complete action and instead extended the law for one year (P.L. 112-240), leaving consideration of a new farm bill to the 113th Congress.
After nearly three years of deliberations, Congress...
TRICARE and VA Health Care: Impact of the Patient Protection and Affordable Care Act (ACA)
The 111th Congress passed, and the President signed into law, the Patient Protection and Affordable Care Act (P.L. 111-148; ACA), which was later amended by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152; HCERA), and is hereinafter referred to as ACA. In general, ACA did not make any significant changes to the Department of Defense (DOD) TRICARE program or to the Department of Veterans Affairs (VA) health care system. However, many have sought clarification as to whether certain provisions in ACA, such as a mandate for most individuals to have health insurance, or...
U.N. Convention on the Law of the Sea: Living Resources Provisions
The United Nations Convention on the Law of the Sea established a comprehensive international legal framework for governing activities related to the world’s oceans. UNCLOS was agreed to in 1982, but the United States never became a signatory nation. This report describes provisions of UNCLOS relating to living marine resources and discusses how these provisions comport with current U.S. marine policy. As presently understood and interpreted, these provisions generally appear to reflect current U.S. policy with respect to living marine resource management, conservation, and exploitation....
Typhoon Haiyan (Yolanda): U.S. and International Response to Philippines Disaster
This report examines the impact of Typhoon Haiyan (Yolanda), which struck the central Philippines on November 8, 2013, and the U.S. and international response. Haiyan was one of the strongest typhoons to strike land on record. Over a 16 hour period, the “super typhoon,” with a force equivalent to a Category 5 hurricane and sustained winds of up to 195 mph, directly swept through six provinces in the central Philippines. The disaster quickly created a humanitarian crisis. In some of the hardest hit areas, particularly in coastal communities in Leyte province and the southern tip of Eastern...
Career and Technical Education (CTE): A Primer
Career and Technical Education (CTE), often referred to as vocational education, provides occupational and non-occupational preparation at the secondary, postsecondary, and adult education levels. CTE is an element of the nation’s workforce development system. As such, CTE plays a role in reducing unemployment and the associated economic and social ills. This report provides a primer on CTE to support congressional discussion of initiatives designed to rationalize the workforce development system.
CTE prepares students for roles outside the paid labor market, teaches general employment...
The FutureGen Carbon Capture and Sequestration Project: A Brief History and Issues for Congress
More than a decade after the George W. Bush Administration announced its signature clean coal power initiative—FutureGen—the program is still in early development. Since its inception in 2003, FutureGen has undergone changes in scope and design. As initially conceived, FutureGen would have been the world’s first coal-fired power plant to integrate carbon capture and sequestration (CCS) with integrated gasification combined cycle (IGCC) technologies. FutureGen would have captured and stored carbon dioxide (CO2) emissions from coal combustion in deep underground saline formations and...
The President’s Office of Science and Technology Policy (OSTP): Issues for Congress
Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states that “The primary function of the OSTP Director is to provide, within the Executive Office of the President [EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.” Further, “The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies,...
The Section 8 low-income housing program is really two programs authorized under Section 8 of the U.S. Housing Act of 1937, as amended: the Housing Choice Voucher program and the project-based rental assistance program. Vouchers are portable subsidies that low-income families can use to lower their rents in the private market. Vouchers are administered at the local level by quasi-governmental public housing authorities (PHAs). Project-based rental assistance is a form of rental subsidy that is attached to a unit of privately owned housing. Low-income families who move into the housing pay...
Section 8 Housing Choice Voucher Program: Issues and Reform Proposals
The Section 8 Housing Choice Voucher program provides monthly rental assistance to around 2 million low-income households each year and is the largest (both in terms of people served and annual cost). It is administered at the local level by nearly 2,500 quasi-governmental public housing agencies (PHAs). While some form of Section 8 rental assistance has been in place since the mid-1970s, the modern program was shaped largely by the 1998 public housing reform act (P.L. 105-276). More than a decade later, the Section 8 voucher program has come under new scrutiny, with PHA industry leaders,...
State, Foreign Operations, and Related Programs: FY2014 Budget and Appropriations
On April 10, 2013, the Obama Administration submitted to Congress its budget request for FY2014. The request for State, Foreign Operations, and Related Programs totaled $51.84 billion, which was about 2% below the FY2013 post-sequester estimated funding level of $52.88 billion. Within the request, $3.81 billion was designated as Overseas Contingency Operations (OCO) funding, which was 68% below FY2013-estimated OCO funding of $11.92 billion. Of the total request, $16.88 billion was for State Department Operations and related agencies, a 5.8% decline from the FY2013 funding estimate of...
Medicare Home Health Benefit Primer: Benefit Basics and Issues
The Medicare home health benefit provides coverage for home visits by skilled health care professionals. Medicare Parts A and B provide coverage for home health services. To be eligible for the home health benefit, a beneficiary must meet three different criteria. The beneficiary must (1) be homebound, (2) require intermittent skilled nursing care and/or skilled rehabilitation services, and (3) be under the care of a physician who has established that the home health visits are medically necessary in a 60-day plan of care. A beneficiary who meets these requirements is entitled to a 60-day...
The Specialty Metal Clause: Oversight Issues and Options for Congress
This report examines the specialty metal clause, potential oversight issues, and options for Congress. The specialty metal clause in the Defense Federal Acquisition Regulation Supplement (DFARS) prohibits the Department of Defense (DOD) from acquiring end units or components for aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition unless these items have been manufactured with specialty metals that have been melted or produced in the United States. Thousands of products used for defense, aerospace, automotive, and renewable energy...
Community Development Block Grants: Recent Funding History
The Community Development Block Grant (CDBG) program, administered by the Department of Housing and Urban Development (HUD), under the Community Development Fund (CDF) account, was first authorized by Title I of the Housing and Community Development Act (HCDA) of 1974, P.L. 93-383. During the program’s nearly 40-year existence, Congress has allocated approximately $138 billion to help state and local governments undertake housing, economic development, neighborhood revitalization, and other community development activities. In addition to its annual appropriations, Congress, as events have...
Federal Reserve: Unconventional Monetary Policy Options
The Great Recession and the ensuing weak recovery have led the Federal Reserve (Fed) to expand its monetary policy tools. Since December 2008, overnight interest rates have been near zero; at this zero bound, they cannot be lowered further to stimulate the economy. As a result, the Fed has taken unprecedented policy steps to try to fulfill its statutory mandate of maximum employment and price stability. Congress has oversight responsibilities for ensuring that the Feds actions are consistent with its mandate.
The Fed has made large-scale asset purchases, popularly referred to as...
Bangladesh Apparel Factory Collapse: Background in Brief
The April 24, 2013, collapse of an eight-story garment factory, called Rana Plaza, in Dhaka, Bangladesh, resulted in the deaths of more than 1,100 workers. It is reportedly now considered the deadliest accident in the history of the apparel industry. Congress has had a long-standing interest in supporting internationally recognized worker rights in developing countries, and the building collapse has raised concerns about worker conditions in Bangladesh.
Rana Plaza was allegedly structurally unsound and poorly maintained for apparel production. Apparel production is generally known as an...
School Resource Officers: Law Enforcement Officers in Schools
Some policymakers have expressed renewed interest in school resource officers (SROs) as a result of the December 2012 mass shooting that occurred at Sandy Hook Elementary School in Newtown, CT. SROs are sworn law enforcement officers who are assigned to work in schools.
For FY2014, the Administration requested $150 million in funding for a Comprehensive Schools Safety Program under the Community Oriented Policing Services (COPS) program. Congress appropriated $75 million for a Comprehensive School Safety Initiative. Congress required the National Institute of Justice (NIJ) to collaborate...
While the social security number (SSN) was first introduced as a device for keeping track of contributions to the Social Security program, its use has been expanded by government entities and the private sector to keep track of many other government and private sector records. Use of the SSN as a federal government identifier was based on Executive Order 9397, issued by President Franklin Roosevelt. Beginning in the 1960s, federal agencies started adopting the SSN as a governmental identifier, and its use for keeping track of government records, on both the federal and state levels,...
Transportation Spending and “Buy America” Requirements
The Buy America Act is the popular name for a group of domestic content restrictions that have been attached to funds administered by the Department of Transportation (DOT). These funds are used to make grants to states, localities, and other non-federal government entities for various transportation projects. Specific sources of funding administered by the Federal Highway Administration (FHWA), the Federal Aviation Administration (FAA), the Federal Transit Administration (FTA), the Federal Railroad Administration (FRA), and the National Railroad Passenger Corporation (Amtrak) are covered...
Early Release for Federal Inmates: Fact Sheet
This fact sheet highlights current authorities available to provide early release for federal inmates. These authorities include good conduct time awarded by the Bureau of Prisons (BOP) under 18 U.S.C. §3624(b); participation in a BOP residential substance abuse treatment program under 18 U.S.C. §3621; and a reduction in sentence under 18 U.S.C. §3582(c)(1)(A).
Navy Nuclear Aircraft Carrier (CVN) Homeporting at Mayport: Background and Issues for Congress
The Navy’s proposed FY2014 budget, like the Navy’s proposed FY2013 budget, requested no funding for Military Construction (MilCon) projects required to homeport a nuclear-powered aircraft carrier (CVN) at Mayport, FL. The Navy’s FY2013 budget deferred the Navy’s plan to homeport a CVN at Mayport, and the Navy’s FY2013-FY2017 Future Years Defense Plan (FYDP) contained no funding for MilCon projects required to homeport a CVN at Mayport. The Navy stated in its FY2013 budget submission: “Although the FY 2013 budget does not contain a construction project supporting the homeporting of a CVN in...
Essential Air Service (EAS): Frequently Asked Questions
This report provides an overview of the Essential Air Service (EAS) program and discusses the changes introduced by the Federal Aviation Administration (FAA) reauthorization bill and the Consolidated Appropriations Act of 2014.
Data Security and Credit Card Thefts: CRS Experts
Thefts of credit-card and other customer information from major retailers in the fall of 2013 have renewed concerns about the security of credit cards and the information systems that hold, process, and transmit data from them, as well as other financial and personal information of consumers. The impacts and growing sophistication of such data breaches, along with the broader growth of cybercrime, has added urgency to long-standing concerns about the security of electronic data. The table below provides names and contact information for CRS experts on data security, cybercrime, privacy,...
An Analysis of STEM Education Funding at the NSF: Trends and Policy Discussion
Federal policy makers have a long-standing interest in science, technology, engineering, and mathematics (STEM) education that dates to at least the 1st Congress. This interest is largely driven by concerns about the national science and engineering workforce, which is widely believed to play a central role in U.S. global economic competitiveness and national security.
The National Science Foundation (NSF) is a key component of the federal STEM education effort. Several inventories of the federal STEM education portfolio have highlighted NSF’s important role—both in terms of funding and in...
Legislative Branch: FY2014 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Printing Office (GPO); Government Accountability Office (GAO); and Open World Leadership Center.
The legislative branch FY2014 budget request of $4.512 billion was submitted on April 10, 2013. By law, the President includes the requests submitted from the legislative branch in the...
Algae’s Potential as a Transportation Biofuel
Congress continues to debate the federal role in biofuel research, biofuel tax incentives, and renewable fuel mandates. The debate touches on topics such as fuel imports and security, job creation, and environmental benefits, and is particularly significant for advanced biofuels, such as those produced by algae.
Congress established the Renewable Fuel Standard (RFS2), a mandate requiring that the national fuel supply contain a minimum amount of fuel produced from renewable biomass. The RFS2 is essentially composed of two biofuel mandates—one for unspecified biofuel, which is being met...
Wildfire Protection in the Wildland-Urban Interface
Congressional interest in funding to protect against wildfire threats has focused on communities in and near forests, an area known as the wildland-urban interface (WUI). The WUI is expanding in size and population, leading to increased concern for life and property that could potentially be damaged by wildfires. Approximately 10% of all land in the lower 48 states is classified as WUI. A significant concentration lies along the East Coast, although western states have the highest proportions of homes in the WUI.
Federal funding for wildfire protection has increased over the last decade....
“Leahy Law” Human Rights Provisions and Security Assistance: Issue Overview
Congressional interest in the laws and processes involved in conditioning U.S. assistance to foreign security forces on human rights grounds has grown in recent years, especially as U.S. Administrations have increased emphasis on expanding U.S. partnerships and building partnership capacity with foreign military and other security forces. Congress has played an especially prominent role in initiating, amending, supporting with resources, and overseeing implementation of long-standing laws on human rights provisions affecting U.S. security assistance.
First sponsored in the late 1990s by...
Public Financing of Presidential Campaigns: Overview and Analysis
The presidential public campaign financing program (the Presidential Election Campaign Fund [PECF]) is funded through “checkoff” designations on individual income tax returns. Choosing to participate (or not) in the checkoff does not affect one’s tax liability or refund. Candidates who choose to participate in the program may receive taxpayer-funded matches of privately raised funds during primary campaigns, and grants during the general-election contest. Public funds also subsidize nominating conventions. The public financing system has remained largely unchanged since the 1970s. However,...
Oversight and Legal Enforcement of the National Mortgage Settlement
In Autumn 2010, all 50 state attorneys general, the attorney general for the District of Columbia, the Conference of State Bank Supervisors, the U.S. Department of Justice (DOJ), the U.S. Department of Housing and Urban Development (HUD), and the U.S. Department of the Treasury (Treasury Department) initiated an investigation into foreclosure-related state and federal law violations by the nation’s top five mortgage servicers: Ally Financial, Inc. (formerly GMAC, Inc.); Bank of America, Corp.; Citigroup, Inc.; JP Morgan Chase & Co.; and Wells Fargo & Co. On February 8, 2012, these state...
Products Liability: A Legal Overview
Products liability generally refers to the civil liability of a manufacturer or seller for injury caused by its product to the person or property of a buyer or third party. Legal developments starting in the 1960s, particularly the adoption of strict tort liability, have made it substantially easier for persons injured by defective products to recover for damages. Starting in the 1980s, however, many states enacted tort reform legislation that effectively places limits on an injured party’s ability to recover. Advocates for consumers and plaintiffs view strong products liability law as...
Federal Funding of Presidential Nominating Conventions: Overview and Policy Options
This report provides overview and analysis of two recurring questions surrounding the federal government’s role in financing presidential nominating conventions. First, how much public funding supports presidential nominating conventions? Second, what options exist for changing that amount if Congress chooses to do so? In the 113th Congress, the House passed legislation (H.R. 2019) to eliminate nonsecurity funding. The Committee on House Administration reported two other related bills (H.R. 94; H.R. 95). Other bills that would eliminate convention financing include H.R. 260, H.R. 1724,...
Individual Development Accounts (IDAs) are savings accounts to help low-income families and persons save for specified purposes, usually education, purchase of a home, or to start a business. IDA programs match an individual’s contributions, much like retirement 401(k) accounts. The Assets For Independence (AFI) Act, enacted by Congress in 1998, specifically authorizes IDA demonstration programs. Authorization for the AFI program expired at the end of FY2003, though Congress continued to appropriate money for the program. AFI is funded at $19.026 million for FY2014.
Representatives and Senators: Trends in Member Characteristics Since 1945
Questions about the characteristics of Members of Congress, including their age, education, previous occupations, and other descriptors, are of ongoing interest to Members, congressional staff, and constituents. Some of these questions may be asked in the context of representation, in efforts to evaluate the extent to which Members of Congress reflect their constituencies and the nation at large. In other instances, questions arise about how the characteristics of Members have changed over time, which may speak in part to the history of Congress.
This report provides profiles of Senators...
CRS Issue Statement on Europe: Regional Policy, Bilateral Relations, and Key Issues
This report provides a statement on the United States' relationship with Europe.
International Parental Child Abductions
International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”) has been the principal mechanism for enforcing the return of abducted children to the United States. While the treaty authorizes the prompt return of the abducted child, it does not impose criminal sanctions on the abducting parent....
The 2014 Sochi Winter Olympics: Security and Human Rights Issues
The President of the International Olympic Committee (IOC) announced on July 4, 2007, that Sochi, Russia, had been selected as the host city for the Olympic Winter Games and Paralympics. The Olympic Games, which will be held February 7-23, 2014, are the first to be hosted by Russia as a successor state to the former Soviet Union. Reportedly, some 230 U.S. athletes out of approximately 2,900 from some 88 countries, and about 10,000 U.S. visitors, are expected in Sochi. Olympic events will take place at two main locations: a coastal cluster along the Black Sea and a mountain cluster in the...
Social Security Disability Insurance (SSDI): The Five-Month Waiting Period for Benefits
Social Security Disability Insurance (SSDI) is authorized by Title II of the Social Security Act and provides income replacement for eligible individuals who are unable to work due to a long-term injury or illness that is expected to last at least one year or result in death. Current eligibility requirements include (1) verification of an applicant’s disability, (2) filing a claim, (3) a “recent work” and “duration of work” test, (4) verification that an individual has not reached normal retirement age, and (5) a five-month waiting period from disability-onset.
In implementing the...
This report provides background and analysis of the premiums charged by the Pension Benefit Guaranty Corporation (PBGC), which is a government-owned corporation that was created in 1974 to protect the retirement income of participants in private-sector, defined benefit (DB) pension plans. When a company terminates a DB pension plan that does not have enough assets to pay 100% of the promised benefits, PBGC pays, in accordance with statute and up to a maximum yearly dollar amount, the benefits to participants in the terminated plan. In FY2013, 901,000 individuals received $5.4 billion in...
Ticket to Work and Self-Sufficiency Program: Overview and Current Issues
Title I of the Ticket to Work and Work Incentives Improvement Act of 1999 (P.L. 106-170) was signed into law on December 17, 1999, and created a Ticket to Work and Self-Sufficiency program, administered by the Social Security Administration (SSA). Through the Ticket to Work legislation, Congress sought to address several major work disincentives for individuals with disabilities. Ticket to Work provides a “ticket” or voucher to working-aged Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries to obtain employment and other support services....
On July 17, 2007, President Bush issued Executive Order 13438, Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq. It is the latest in a series of executive orders based on the national emergency declared by President Bush with respect to “the unusual and extraordinary threat to the national security and foreign policy of the United States posed by obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in that country, and the development of political, administrative and economic institutions in Iraq.” Regulations...
Eligibility for Social Security Disability Insurance (SSDI) benefits are based on a worker’s insured status, and payment levels are associated with the individual’s career earnings under covered employment. Monthly payments are calculated using a formula that takes into account the period of employment, a worker’s average earnings over that period, and the application of “dropout years.”
To be insured for SSDI benefits, a claimant must have worked a minimum amount of time in covered employment. First, a worker must be “fully insured,” which requires one quarter of coverage for each...
The selection and confirmation process for U.S. circuit and district court judges is of continuing interest to Congress. Recent Senate debates over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama’s nominees in gaining Senate confirmation compared with other recent Presidents, as well as the relative prevalence of vacant judgeships compared to years past, and the effect of delayed judicial appointments on judicial vacancy levels. This report addresses these issues, and others, by providing a statistical analysis of nominations to...
Contractors and HealthCare.gov: Answers to Frequently Asked Questions
The widely reported problems with the rollout of the HealthCare.gov website—the federal online health insurance portal called for by the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148, as amended)—have prompted interest in the role that contractors played in developing this site. The Centers for Medicare and Medicaid Services (CMS) relied upon the services of over 50 vendors to build the site, which was reportedly largely unusable when it first became available to the public on October 1, 2013, and has been the subject of ongoing work since then.
Given HealthCare.gov’s...
FY2014 Appropriations: District of Columbia
On April 10, 2013, the Obama Administration released its budget request for FY2014. The Administration’s proposed budget included $676.3 million in special federal payments to the District of Columbia. Approximately 80% ($543.4 million) of the President’s proposed budget request for the District would be targeted to the courts and criminal justice system. The President’s budget request also includes $87.2 million in support of education initiatives.
On May 22, 2013, the District of Columbia Council approved an FY2014 budget that included $12.1 billion in total operating funds and $2.1...
Detention of U.S. Persons as Enemy Belligerents
The detainee provisions passed as part of the National Defense Authorization Act for FY2012, P.L. 112-81, affirm that the Authorization for Use of Military Force (AUMF), P.L. 107-40, in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. The act provides for the first time a statutory definition of covered persons whose detention is authorized pursuant to the AUMF. During debate of the provision, significant attention focused on the applicability of this detention authority to U.S. citizens and other persons...
The United Nations Educational, Scientific, and Cultural Organization (UNESCO)
Recent international events have renewed congressional interest in the United Nations Educational, Scientific and Cultural Organization (UNESCO). UNESCO is a specialized agency of the U.N. system that promotes collaboration among its member countries in the fields of education, natural sciences, social and human sciences, culture, and communications and information. With an annual budget of approximately $326 million, it supports nearly 2,000 staff members working at its headquarters in Paris and 65 field offices and institutes worldwide. UNESCO activities are funded through a combination...
Supplemental Security Income (SSI)
The Supplemental Security Income (SSI) program, enacted in 1974, is a needs-based program that provides cash benefits designed to ensure a minimum income to aged, blind, or disabled persons with limited income and assets. The SSI program is a means-tested program that does not have work or contribution requirements, but restricts benefits to those who meet asset and resource limitations. In December 2013, the SSI program had more than 8.3 million participants, who received over $4.6 billion in benefits. The costs for benefit payments and administrative expenses for the SSI program were...
The Supplemental Security Income (SSI) program, authorized by Title XVI of the Social Security Act, is a means-tested income assistance program financed from general tax revenues. Under SSI, disabled, blind, or aged individuals who have low incomes and limited resources are eligible for benefits regardless of their work histories. In December 2013, more than 8.3 million individuals received SSI benefits, receiving monthly payments of $529.15 on average. The SSI program paid out over $4.6 billion in federally administered benefits that month. All but four states and the Commonwealth of the...
Multifamily and Commercial Mortgages: An Overview of Issues
As the recovery from the recession of December 2007-June 2009 continues, congressional interest in multifamily and commercial mortgages has shifted from worries about the immediate impact of foreclosures to consideration of the future of mortgage finance. During the recession, losses on mortgages raised concerns about the risk to tax payers through Federal Deposit Insurance Corporation (FDIC) insurance, which is backed by the full faith and credit of the federal government. Significant parts of these losses occurred due to commercial loans at smaller insured depositories. The federal...
Delphi Corporation: Pension Plans and Bankruptcy
The Delphi Corporation is a parts and components supplier to auto makers that was created in 1999 as a spin-off from General Motors (GM). In May 2009, the pension plans of Delphi were terminated and responsibility for the payment of benefits to plan participants was turned over to the Pension Benefit Guaranty Corporation (PBGC), which is a government-run corporation that insures private pension benefits for workers in defined benefit (DB) pension plans. Although most workers in pension plans that are terminated by the PBGC receive their promised benefits, some workers may receive less than...
International Trade and Finance: Key Policy Issues for the 113th Congress, Second Session
The U.S. Constitution grants authority over the regulation of foreign commerce to Congress, which it exercises through oversight of trade policy, including the consideration of legislation to approve trade agreements and authorize trade programs. Policy issues cover such areas as: U.S. trade negotiations; tariff and nontariff barriers; worker dislocation from trade liberalization, trade remedy laws; import and export policies; international investment, economic sanctions; and trade policy functions of the federal government. Congress also has an important role in international finance. It...
Unauthorized Aliens Residing in the United States: Estimates Since 1986
Estimates derived from the March Supplement of the U.S. Census Bureau’s Current Population Survey (CPS) indicate that the unauthorized resident alien population (commonly referred to as illegal aliens) rose from 3.2 million in 1986 to 12.4 million in 2007, before leveling off at 11.7 million in 2012. The estimated number of unauthorized aliens had dropped to 1.9 million in 1988 following passage of a 1986 law that legalized several million unauthorized aliens. Jeffrey Passel, a demographer with the Pew Research Center, has been involved in making these estimations since he worked at the...
Social Security Disability Insurance (SSDI) and Veterans Disability Compensation (VDC)—administered by the Social Security Administration (SSA) and the Department of Veterans Affairs (VA) respectively—are two of the largest federal disability programs, but strongly differ along several dimensions, including the populations served, how each program defines a “disability,” as well as varying eligibility requirements.
First, SSDI is an insurance program that replaces a portion of earnings for an eligible worker whose illness or injury—while not necessarily caused by a work-related...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2013 Appropriations
The Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittee is charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. The HUD budget generally accounts for the largest share of discretionary appropriations provided by the subcommittee. However, when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget, because it includes funding from transportation trust funds. Mandatory funding typically accounts for a...
Nonimmigrant Overstays: Brief Synthesis of the Issue
As Congress debates comprehensive immigration reform and its component parts of immigration control (i.e., border security and interior enforcement), legal reform (i.e., temporary and permanent admissions), and the resolution of unauthorized alien residents, concerns arise over the capacity of the Department of Homeland Security (DHS) to identify and remove temporary aliens on nonimmigrant visas who fail to depart after their visas expire. It is estimated that each year hundreds of thousands of foreign nationals overstay their nonimmigrant visas or enter the country illegally (with...
Financial Assets and Conflict of Interest Regulation in the Executive Branch
Congressional offices reviewing or conducting oversight concerning the operations of executive agencies and departments, reviewing executive branch nominees for high-level appointments, or responding to constituent inquiries or petitions, may often be confronted with issues and questions of possible “conflicts of interest” of agency officials or nominees. This report summarizes and analyzes the issues of conflicts of interest that are addressed in federal law and regulation regarding officers and employees in the executive branch of the federal government.
Federal conflict of interest laws...
The Elementary and Secondary Education Act of 1965 (ESEA) is the primary legislative vehicle for federal policymaking regarding teachers and instructional quality in the nation’s elementary and secondary schools. Authorization for ESEA programs and policies, enacted through the No Child Left Behind Act of 2001 (NCLB), expired at the end of FY2008 and the 113th Congress is likely to consider whether to amend and extend the ESEA. Notable ESEA provisions concerning K-12 teaching include requirements for minimum teacher qualifications and authority for a teacher training and class size...
Clean Water Act and Pollutant Total Maximum Daily Loads (TMDLs)
Section 303(d) of the Clean Water Act (CWA) requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. A TMDL is both a quantitative assessment of pollution sources and pollutant reductions needed to restore and protect U.S. waters and a planning process for attaining water quality standards. Implementation of Section 303(d) was dormant until states and the Environmental Protection Agency (EPA)...
Social Security: Substantial Gainful Activity for the Blind
In the Social Security disability program, the level of earnings that constitute “substantial gainful activity” (SGA), and therefore disqualifies a person from receiving benefits, is set by regulation at $1,070 a month for 2014. However, the law provides a different SGA level for the blind at $1,800 a month for 2014, which is adjusted annually to reflect growth in average wages. This report discusses the reasons for these differing amounts and proposals to change them. The appendix section of the report charts the difference between the two amounts from 1975 to 2014.
Recent Trends in Consumer Retail Payment Services Delivered by Depository Institutions
Congressional interest in the performance of the credit and debit card (checking account services) markets and how recent developments are affecting customers is growing. This report discusses these developments and examines the costs and availability of consumer retail payments services, particularly those provided by depository institutions, since the recent recession and subsequent legislative actions.
Consumer retail payment services include products such as credit cards, cash advances, checking accounts, debit cards, and prepayment cards. Some depository institutions have increased...
Identity Theft: Trends and Issues
In the current fiscal environment, policymakers are increasingly concerned with securing the economic health of the United States—including combating those crimes that threaten to undermine the nation’s financial stability. Identity theft is one such crime. In 2012, about 12.6 million Americans were reportedly victims of identity fraud, and the average identity fraud victim incurred a mean of $365 in costs as a result of the fraud. Identity theft is often committed to facilitate other crimes such as credit card fraud, document fraud, or employment fraud, which in turn can affect not only...
Social Security Reform: Current Issues and Legislation
Social Security reform is an issue of ongoing interest to policy makers. In recent years, Social Security program changes have been discussed in the context of negotiations on legislation to increase the federal debt limit and reduce federal budget deficits. For example, in August 2011, the Budget Control Act of 2011 (P.L. 112-25) established a Joint Select Committee on Deficit Reduction tasked with recommending ways to reduce the deficit by at least $1.5 trillion over the fiscal year period 2012 to 2021. Social Security program changes were among the measures discussed by the Joint...
The Role of Trade Secrets in Innovation Policy
Many businesses have developed proprietary information that provides a competitive advantage because it is not known to others. As the United States continues its shift to a knowledge- and service-based economy, the strength and competitiveness of domestic firms increasingly depends upon their know-how and intangible assets. Trade secrets are the form of intellectual property that protects this sort of confidential information.
Trade secret law protects secret, valuable business information from misappropriation by others. Subject matter ranging from marketing data to manufacturing...
Gene Patents: A Brief Overview of Intellectual Property Issues
In the past, the U.S. courts upheld gene patents that met the criteria of patentability defined by the Patent Act. However, the practice of awarding patents on genes came under scrutiny by some scientists, legal scholars, politicians, and other experts. In June 2013, the Supreme Court ruled in Association for Molecular Pathology v. Myriad Genetics, Inc. that genomic DNA was ineligible for patenting under 35 U.S.C. §101 due to the “product of nature” doctrine. However, the Court adopted the view that cDNA could be patented. The Myriad holding attempts to provide inventors and firms with...
The Leahy-Smith America Invents Act: Innovation Issues
Following several years of legislative discussion concerning patent reform, the Congress enacted P.L. 112-29, signed into law on September 16, 2011. The Leahy-Smith America Invents Act, or “AIA,” made significant changes to the patent system, including:
First-Inventor-to-File Priority System. The AIA shifted the U.S. patent priority rule from a “first-to-invent” system to the “first-inventor-to-file principle” while allowing for a one-year grace period.
Prior User Rights. The legislation established an infringement defense based upon an accused infringer’s prior commercial use of an...
The Role of Patents and Regulatory Exclusivities in Pharmaceutical Innovation
In combination, patents and regulatory exclusivities provide the fundamental framework of intellectual property incentives for pharmaceutical innovation in the United States. Patents, which are administered by the United States Patent and Trademark Office (USPTO), provide their owner with the ability to exclude others from practicing the claimed invention for a limited time. In contrast, regulatory exclusivities are administered by the Food and Drug Administration (FDA). Alternatively known as marketing exclusivities, data exclusivities, or data protection, regulatory exclusivities...
Follow-On Biologics: The Law and Intellectual Property Issues
The term “biologics” refers to a category of medical preparations derived from a living organism. These medicines have added notable therapeutic options for many diseases and impacted fields such as oncology and rheumatology. The biologics industry invests extensively in R&D and contributes to a rapidly expanding market for these treatments. Biologics are often costly, however, in part due to the sophistication of the technologies and the manufacturing techniques needed to make them.
Some commentators have also observed that, in contrast to the generic drugs available in traditional...
The Consumer Financial Protection Bureau (CFPB): A Legal Analysis
In the wake of the worst U.S. financial crisis since the Great Depression, Congress passed and the President signed into law sweeping reforms of the financial services regulatory system through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), P.L. 111-203. Title X of the Dodd-Frank Act is entitled the Consumer Financial Protection Act of 2010 (CFP Act). The CFP Act establishes the Bureau of Consumer Financial Protection (CFPB or Bureau) within the Federal Reserve System (FRS) with rulemaking, enforcement, and supervisory powers over many consumer financial...
Compulsory Licensing of Patented Inventions
The term “compulsory license” refers to the grant of permission for an enterprise seeking to use another’s intellectual property without the consent of its proprietor. The grant of a compulsory patent license typically requires the sanction of a governmental entity and provides for compensation to the patent owner. Compulsory licenses in the patent system most often relate to pharmaceuticals and other inventions pertaining to public health, but they potentially apply to any patented invention.
U.S. law allows for the issuance of compulsory licenses in a number of circumstances, and also...
The Lacey Act: Protecting the Environment by Restricting Trade
This report looks at the history and applications of the Lacey Act, which allows the U.S. to enforce the laws of other countries.
Pharmaceutical Patent Settlements: Issues in Innovation and Competitiveness
Although brand-name pharmaceutical companies routinely procure patents on their innovative medications, such rights are not self-enforcing. Brand-name firms that wish to enforce their patents against generic competitors must therefore commence litigation in the federal courts. Such litigation ordinarily terminates in either a judgment of infringement, which typically blocks generic competition until such time as the patent expires, or a judgment that the patent is invalid or not infringed, which typically opens the market to generic entry.
As with other sorts of commercial litigation,...
State Legalization of Recreational Marijuana: Selected Legal Issues
May a state authorize the use of marijuana for recreational purposes even if such use is forbidden by federal law? This novel and unresolved legal question has vexed judges, politicians, and legal scholars, and it has also generated considerable public debate among supporters and opponents of “legalizing” the recreational use of marijuana.
Under the federal Controlled Substances Act (CSA), the cultivation, distribution, and possession of marijuana are prohibited for any reason other than to engage in federally approved research. Yet 18 states and the District of Columbia currently exempt...
Health Care for Rural Veterans: The Example of Federally Qualified Health Centers
This report discusses considerations that may arise during possible attempts to increase collaboration between the Department of Veterans Affairs (VA) and federally qualified health centers (FQHCs) and describes policy levers Congress might use to encourage VA-FQHC collaboration. These approaches might also be employed to encourage collaboration between the VA and other types of facilities that may serve rural veterans.
The Endangered Species Act (ESA) in the 113th Congress: New and Recurring Issues
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543) was enacted to increase protection for, and to provide for the recovery of, vanishing wildlife and vegetation. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Habitat loss is the primary cause for listing species. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. Accordingly, when certain resources are associated with listed species—such as...
Military Construction, Veterans Affairs, and Related Agencies: FY2013 Appropriations
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. It capitalizes military family housing and the U.S. share of the NATO Security Investment Program and finances the implementation of installation closures and realignments. It underwrites veterans benefit and health care programs administered by the Department of Veterans Affairs (VA), provides for the creation and maintenance of U.S. cemeteries and...
Community Oriented Policing Services (COPS): Current Legislative Issues
The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. The Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) reauthorized the COPS program through FY2009 and changed the COPS program from a multi-grant program to a single-grant program.
The COPS program awards grants to state, local, and tribal law enforcement agencies throughout the...
Food Fraud and “Economically Motivated Adulteration” of Food and Food Ingredients
Food fraud, or the act of defrauding buyers of food or ingredients for economic gain—whether they be consumers or food manufacturers, retailers, and importers—has vexed the food industry throughout history. Some of the earliest reported cases of food fraud, dating back thousands of years, involved olive oil, tea, wine, and spices. These products continue to be associated with fraud, along with some other foods. Although the vast majority of fraud incidents do not pose a public health risk, some cases have resulted in actual or potential public health risks. Perhaps the most high-profile...
Science, Technology, Engineering, and Mathematics (STEM) Education: A Primer
The term “STEM education” refers to teaching and learning in the fields of science, technology, engineering, and mathematics. It typically includes educational activities across all grade levels—from pre-school to post-doctorate—in both formal (e.g., classrooms) and informal (e.g., afterschool programs) settings. Federal policy makers have an active and enduring interest in STEM education, and the topic is frequently raised in federal science, education, workforce, national security, and immigration policy debates. For example, more than 225 bills containing the term “science education”...
Indian Health Care: Impact of the Affordable Care Act (ACA)
On March 23, 2010, President Obama signed into law a comprehensive health care reform bill, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148). The law, among other things, reauthorizes the Indian Health Care Improvement Act (P.L. 94-437, IHCIA), which authorizes many programs and services provided by the Indian Health Service (IHS). In addition, it makes several changes that may affect American Indians and Alaska Natives enrolled in and receiving services from the Medicare, Medicaid, and State Children’s Health Insurance Program (CHIP)—also called Social Security Act (SSA)...
Defense: FY2014 Authorization and Appropriations
Congressional action on DOD’s FY2014 budget was hobbled by the prevailing uncertainty over the entire federal budget that dissipated only in mid-December, when Congress passed and the President signed H.J.Res. 59, which set binding caps on discretionary spending for defense and nondefense programs in FY2014. The bill’s defense cap, while about $31 billion below the amount requested for defense programs by President Obama, was more than $20 billion higher than the FY2014 defense cap that had been set by the Budget Control Act (BCA) of 2011 (P.L. 112-25).
President Obama’s FY2014 base budget...
Enforcement of Private Health Insurance Market Reforms Under the Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act (ACA), as amended, greatly expanded the scope of federal regulation over health insurance provided through employment-based group health plans, as well as coverage sold in the individual insurance market. Federal health insurance standards created by ACA require an extension of dependent coverage to age 26 if such coverage is offered; the elimination of preexisting condition exclusions; coverage of certain essential health benefits; a bar on lifetime or annual limits on the dollar value of certain benefits; a prohibition on health insurance...
Threats to U.S. National Security Interests in Space: Orbital Debris Mitigation and Removal
After decades of activities in space, Earth’s orbit is littered with man-made objects that no longer serve a useful purpose. This includes roughly 22,000 objects larger than the size of a softball and hundreds of thousands of smaller fragments. This population of space debris potentially threatens U.S. national security interests in space, both governmental (military, intelligence, and civil) and commercial. Congress has broadly supported the full range of these national security interests and has a vested concern in ensuring a strong and continued U.S. presence in space.
Two events in...
Inflation and the Real Minimum Wage: A Fact Sheet
The Labor Standards Act (FLSA) of 1938 established the hourly minimum wage rate at 25 cents for covered workers. Since then, it has been raised 22 separate times, in part to keep up with rising prices. Most recently, in July 2009, it was increased to $7.25 an hour. Because there have been some extended periods between these adjustments while inflation generally has increased, the real value (purchasing power) of the minimum wage has decreased substantially over time.
Post-Employment, “Revolving Door,” Laws for Federal Personnel
Federal personnel may be subject to certain conflict of interest restrictions on private employment activities even after they leave service for the United States government. These restrictions—applicable when one enters private employment after having left federal government service—are often referred to as “revolving door” laws. For the most part, other than the narrow restrictions specific to procurement officials or bank examiners, these laws restrict only certain representational types of activities for private employers, such as lobbying or advocacy directed to, and which attempt to...
The U.S. Department of Agriculture (USDA) has numerous programs to support management of state and private forests. These programs are under the jurisdiction of the House and Senate Agriculture Committees and are often examined in the periodic legislation to reauthorize agricultural programs, commonly known as farm bills. Both the House (H.R. 2642) and Senate (S. 954) versions of the 2014 farm bill contain a forestry title with provisions affecting forestry-specific assistance programs. Both versions of the farm bill propose to repeal, reauthorize, and modify some of these programs....
Right to Work Laws: Legislative Background and Empirical Research
The National Labor Relations Act (NLRA) establishes most private-sector workers’ rights to unionize and collectively bargain over wages, benefits, and working conditions. Enacted in 1935, the NLRA also permits collective bargaining contracts between employers and labor organizations that require every individual covered by the collective bargaining contract to pay dues to the negotiating labor organization. These contract provisions are known as union security agreements. Since the NLRA was amended by the Taft-Hartley Act in 1947, individual states have been permitted to supersede the...
International Corporate Tax Rate Comparisons and Policy Implications
Advocates of cutting corporate tax rates frequently make their argument based on the higher statutory rate in the United States as compared with the rest of the world; they argue that cutting corporate taxes would induce large investment flows into the United States, which would create jobs or expand the taxable income base enough to raise revenue. President Barack Obama has supported a rate cut if the revenue loss can be offset with corporate base broadening. Others have urged on one hand, a revenue raising reform, and, on the other, setting deficit concerns aside.
Is the U.S. tax rate...
Next Steps in Nuclear Arms Control with Russia: Issues for Congress
In his 2013 State of the Union Address, President Obama stated that the United States would “engage Russia to seek further reductions in our nuclear arsenals.” These reductions could include limits on strategic, nonstrategic and nondeployed nuclear weapons. Yet, arms control negotiations between the United States and Russia have stalled, leading many observers to suggest that the United States reduce its nuclear forces unilaterally, or in parallel with Russia, without negotiating a new treaty. Many in Congress have expressed concerns about this possibility, both because they question the...
Status of Mexican Trucks in the United States: Frequently Asked Questions
Border trucking, cross-border trucking, mexican trucks, trucking pilot, Mexico, NAFTA,
On March 23, 2010, President Obama signed into law a comprehensive health care reform bill, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148). Among its provisions, the ACA reenacts, amends, and permanently reauthorizes the Indian Health Care Improvement Act (IHCIA). IHCIA authorizes many specific Indian Health Service (IHS) activities, sets out the national policy for health services administered to Indians, and sets health condition goals for the IHS service population to reduce “the prevalence and incidence of preventable illnesses among, and unnecessary and premature...
Nuclear Power Plant Security and Vulnerabilities
The physical security of nuclear power plants and their vulnerability to deliberate acts of terrorism was elevated to a national security issue following the attacks of September 11, 2001. Congress subsequently enacted new nuclear plant security requirements and has repeatedly focused attention on regulation and enforcement by the Nuclear Regulatory Commission (NRC). More than a decade after the 9/11 attacks, security at nuclear plants remains an important concern.
The Energy Policy Act of 2005 (EPACT05, P.L. 109-58) imposed specific criteria for NRC to consider in revising the “Design...
Moving to Work (MTW): Housing Assistance Demonstration Program
The Moving to Work (MTW) demonstration program was created by Congress in 1996 to give the U.S. Department of Housing and Urban Development (HUD) and local Public Housing Authorities (PHAs) the flexibility to test alternative policies for providing housing assistance through the nation’s two largest housing assistance programs: the Section 8 Housing Choice Voucher program and the public housing program. The alternative policies are meant to increase the cost-effectiveness of assisted housing programs, promote the self-sufficiency of assisted families, and increase housing choices for...
War in Afghanistan: Campaign Progress, Political Strategy, and Issues for Congress
This is a critical time for U.S. efforts in the war in Afghanistan. U.S. military engagement beyond December 2014, when the current NATO mission ends, depends on the achievement of a U.S.-Afghan Bilateral Security Agreement (BSA), specifying the status of U.S. forces. Afghan President Hamid Karzai threw the BSA process into confusion by introducing new terms and conditions after a deal had been reached by negotiators. Even if a BSA is reached, U.S. decisions are still pending regarding the scope, scale, and timeline for any post-2014 U.S. force presence in Afghanistan. President Obama has...
The Organization for Economic Cooperation and Development
The Organization for Economic Cooperation and Development (OECD) celebrated its 50th anniversary in 2011, a time when the global economy was struggling to recover from the financial crisis and slow economic growth. The OECD is an intergovernmental economic organization in which the 34 member countries discuss and develop key policy recommendations that often serve as the basis for international standards and practices. In addition, the OECD members analyze economic and social policy and share expertise and exchanges with more than 70 developing and emerging economies. The 34 member...
This report summarizes the evidence on the relationship between tax rates and economic growth, referring in a number of cases to other CRS reports providing more substance and detail. Potentially negative effects of tax rates on economic growth have been an issue in the debates about whether to increase taxes to reduce the deficit and whether to reform taxes by broadening the base to lowering tax rates.
Initially, it is important to make a distinction between the effects of policies aimed at short-term stimulation of an underemployed economy and long-run growth. In the short run, both...
Head Start: Background and Funding
Head Start is a federal program that has provided comprehensive early childhood development services to low-income children since 1965. The program seeks to promote school readiness by enhancing the social and cognitive development of children through the provision of educational, health, nutritional, social, and other services. Head Start is administered by the U.S. Department of Health and Human Services (HHS). Federal Head Start funds are provided directly to local grantees rather than through states. Programs are locally designed and are administered by a network of roughly 1,600...
Military Medical Care: Questions and Answers
The primary objective of the military health system, which includes the Defense Department’s hospitals, clinics, and medical personnel, is to maintain the health of military personnel so they can carry out their military missions and to be prepared to deliver health care during wartime. The military health system also covers dependents of active duty personnel, military retirees, and their dependents, including some members of the reserve components. The military health system provides health care services through either Department of Defense (DOD) medical facilities, known as “military...
Shadow Banking: Background and Policy Issues
Shadow banking refers to financial firms and activities that perform similar functions to those of depository banks. Although the term is used to describe dissimilar firms and activities, a general policy concern is that a component of shadow banking could be a source of financial instability, even though that component might not be subject to regulations designed to prevent a crisis, or be eligible for emergency facilities designed to mitigate financial turmoil once it has begun. This concern is magnified by the experience of 2007-2009, during which financial problems among nonbank...
Unemployment: Issues in the 113th Congress
The longest and deepest recession since the Great Depression ended as expansion began in June 2009. Although output started growing in the third quarter of 2009, the labor market was weak in 2010, with the unemployment rate averaging 9.6% for the year. Despite showing improvement in 2011, the unemployment rate averaged a still high 8.9% for the year. The labor market continued to improve slowly, reaching 8% for the first time since January 2009. The rate fell slowly in 2013, reaching 7% by November, but still above the pre-recession rate of 5%.
Several policy steps were taken after the...
Science and Technology Issues in the 113th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spurs scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The constantly changing nature and ubiquity of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement by directly funding research and development and indirectly by creating...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2014 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. The HUD budget generally accounts for the largest share of discretionary appropriations provided by the subcommittee. However, when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget, because it includes funding from transportation trust funds.
The House and the Senate...
Expiring Unemployment Insurance Provisions
Several key provisions related to extended federal unemployment benefits are temporary and, therefore, scheduled to expire.This report describes the consequences of these expirations for the financing and availability of unemployment benefits in states.The report also summarizes current legislative proposals to extend these expiring provision.
Prosecutorial Discretion in Immigration Enforcement: Legal Issues
The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors have in determining when, whom, how, and even whether to prosecute apparent violations of the law. The Immigration and Naturalization Service (INS) and, later, the Department of Homeland Security (DHS) and its components have historically described themselves as exercising prosecutorial discretion in immigration enforcement. Some commentators have recently challenged this characterization on the grounds that DHS enforces primarily civil violations, and some of its components cannot be said to...
America COMPETES 2010 and the FY2013 Budget
Signed on January 4, 2011, the America COMPETES Reauthorization Act of 2010 (COMPETES 2010, P.L. 111-358) sought to improve U.S. competitiveness and innovation by authorizing, among other things, increased federal support for research in the physical sciences and engineering, as well as science, technology, engineering, and mathematics (STEM) education. Certain provisions of the law, including major funding authorizations, expired in FY2013. This report describes the President’s FY2013 budget request for selected COMPETES 2010 provisions and tracks the status of FY2013 funding for these...
Rare Earth Elements in National Defense: Background, Oversight Issues, and Options for Congress
Some Members of Congress have expressed concern over U.S. acquisition of rare earth materials composed of rare earth elements (REE) used in various components of defense weapon systems. Rare earth elements consist of 17 elements on the periodic table, including 15 elements beginning with atomic number 57 (lanthanum) and extending through number 71 (lutetium), as well as two other elements having similar properties (yttrium and scandium). These are referred to as “rare” because although relatively abundant in total quantity, they appear in low concentrations in the earth’s crust and...
FY2013 Appropriations: District of Columbia
On February 13, 2012, the Obama Administration released its detailed budget request for FY2013. The Administration’s proposed budget included $677.8 million in special federal payments to the District of Columbia, which was $12.2 million more than the District’s FY2012 appropriation of $665.6 million in special federal payments. Approximately 78% ($526.7 million) of the President’s proposed budget request for the District would have been targeted to the courts and criminal justice system. The President’s budget request also included $95.6 million in support of education initiatives. This...
The 2010 Decennial Census: Background and Issues
The 23rd decennial census of the U.S. population began on January 25, 2010, in Noorvik, AK, where the U.S. Bureau of the Census (Census Bureau) Director, among others, traveled by snowmobile and dogsled to enumerate the residents. Most households in the United States—about 120 million—received their census forms by mail in March, ahead of the official April 1 Census Day, and 74% of the households that received forms mailed them back. From May through July, the Census Bureau contacted about 47 million nonresponding households and on December 21, 2010, released the official state population...
Increasing the Efficiency of Existing Coal-Fired Power Plants
Coal has long been the major fossil fuel used to produce electricity. However, coal-fired electric power plants are one of the largest sources of air pollution in the United States, with greenhouse gas (GHG) emissions from burning of fossil fuels believed to be the major contributor to global climate change. Regulations under development at the Environmental Protection Agency (EPA) would impose new requirements on fossil-fueled (mostly coal-fired) power plants (CFPPs) to control GHG emissions. The first of these requirements was issued in September 2013 with proposed standards for the...
Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency
With congressional approval, the Nixon Administration established the Environmental Protection Agency (EPA) in 1970 under an executive branch reorganization plan, which consolidated numerous federal pollution control responsibilities that had been divided among several federal agencies. EPA’s responsibilities grew over time as Congress enacted an increasing number of environmental statutes and major amendments to these statutes. EPA’s primary responsibilities have evolved to include the regulation of air quality, water quality, and chemicals in commerce; the development of regulatory...
The Development of High Speed Rail in the United States: Issues and Recent Events
The provision of $8 billion for intercity passenger rail projects in the 2009 American Recovery and Reinvestment Act (ARRA; P.L. 111-5) reinvigorated efforts to expand intercity passenger rail transportation in the United States. The Obama Administration subsequently announced that it would ask Congress to provide $1 billion annually for high speed rail (HSR) projects. This initiative was reflected in the President’s budgets for FY2010 through FY2014. Congress approved $2.5 billion for high speed and intercity passenger rail in FY2010 (P.L. 111-117), but has provided no funding for the...
Under current law, the production tax credit (PTC) incentive for renewable electricity will expire at the end of 2013. Generally, congressional debate about the PTC falls within a spectrum of options. At one end of the spectrum, proposals have been made to eliminate the incentive. At the other end of the spectrum, proposals include making the PTC permanent. Other proposals, such as temporarily extending and phasing out the PTC over time, fall within these two extremes. This report examines selected alternatives for phasing out PTC incentives.
During the 2012 debate about the future of the...
Congress has an interest in the cost and effectiveness of foreign affairs activities that promote U.S. interests overseas. The Budget Control Act of 2011 (BCA, P.L. 112-25), as amended by the American Taxpayer Relief Act of 2012 (P.L. 112-240/H.R. 8, signed into law on January 2, 2013) required across-the-board reductions (sequestration) in most federal defense and nondefense discretionary programs, projects, and activities including those in foreign affairs for FY2013, and additional spending reductions each year through FY2021. These automatic cuts for FY2013 were ordered on March 1,...
Adult Education and Family Literacy Act (AEFLA): A Primer
Enacted in 1998, the Adult Education and Family Literacy Act (AEFLA) is the primary federal legislation that supports basic education for out-of-school adults. Commonly called “adult education,” the programs funded by AEFLA typically support educational services at the secondary level and below, as well as English language training. Actual services are typically provided by local entities using a combination of federal and non-federal funds. Specific curricula vary based on the needs and objectives of the local student population.
In FY2013, approximately $575 million was appropriated for...
Compensatory Time and the Working Families Flexibility Act of 2013
On May 8, 2013, the House passed H.R. 1406, the Working Families Flexibility Act of 2013. If enacted, this bill would amend the Fair Labor Standards Act (FLSA) to allow private sector employers to provide future paid leave (compensatory time or comp time) in lieu of overtime wages.
Under current law, the FLSA requires employers to pay covered, nonexempt employees one and one-half times their regular hourly wage (“time and a half”) for any hours worked in excess of 40 in a single work week. If enacted, H.R. 1406 would give employers and employees the option to agree to replace overtime...
Medical Child Support: Background and Current Policy
Medical child support is defined as the legal provision of payment of medical, dental, prescription, and other health care expenses for children living apart from one of their parents. It can include provisions for health care coverage (including payment of costs of premiums, co-payments, and deductibles) as well as cash payments for a child’s medical expenses. The establishment and enforcement of medical support is intended to promote fairness in allocating childrearing costs between custodial and noncustodial parents and, when employer-sponsored health care is obtained, it saves federal...
Winter Fuels Outlook 2013-2014
The Energy Information Administration (EIA), in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2013-2014 winter heating season, projects that American consumers should expect to see heating expenditures that on average will be somewhat higher than last winter. Average expenditures for those heating with natural gas are projected to increase by 13.4%, while those heating with electricity are projected to see an increase in expenditures of about 2.1%. These two fuels serve as the heating source for about 89% of all U.S. household heating. Propane and home heating oil...
Interior, Environment, and Related Agencies: FY2013 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for agencies within other departmentsincluding the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also includes funding for arts and cultural agencies, the U.S. Environmental Protection Agency, and numerous other entities.
Neither the House nor the Senate passed a regular appropriations bill for FY2013 for Interior, Environment, and...
Wildfire Fuels and Fuel Reduction
Severe wildfires have been burning more acres and more structures in recent years. Some assert that climate change is at least partly to blame; others claim that the increasing number of homes in and near the forest (the wildland-urban interface) is a major cause. However, most observers agree that wildfire suppression and historic land management practices have led to unnaturally high accumulations of biomass in many forests, particularly in the intermountain West. While high-intensity conflagrations (wildfires that burn the forest canopy) occur naturally in some ecosystems (called...
Federal-Aid Highway Program (FAHP) Under MAP-21: In Brief
Federal-aid highways Highway construction Highway finance Alternative finance Highway Trust Fund Highway use tax Gasoline tax User charges Surface transportation reauthorization MAP-21 Highway planning Infrastructure Transportation Federal Lands Transportation Program Federal Lands Access Program Tribal Transportation Program Transportation Alternatives Appalachian Development Highway System TIFIA Ferry
Rare Earth Elements: The Global Supply Chain
The concentration of production of rare earth elements (REEs) outside the United States raises the important issue of supply vulnerability. REEs are used for new energy technologies and national security applications. Two key questions of interest to Congress are: (1) Is the United States vulnerable to supply disruptions of REEs? (2) Are these elements essential to U.S. national security and economic well-being?
There are 17 rare earth elements (REEs), 15 within the chemical group called lanthanides, plus yttrium and scandium. The lanthanides consist of the following: lanthanum, cerium,...
Samantar v. Yousef: The Foreign Sovereign Immunities Act (FSIA) and Foreign Officials
On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. The ruling clarifies that officials of foreign governments, whether present or former, are not entitled to invoke the FSIA as a shield, unless the foreign state is the real party in interest in the case. Samantar’s particular facts involve the Alien Tort Statute (ATS) and the Torture Victims Protection Act (TVPA), but the ruling applies to all causes...
Department of Housing and Urban Development (HUD): FY2013 Appropriations
The President’s FY2013 budget requested nearly $34 billion in net new budget authority for the Department of Housing and Urban Development (HUD) in FY2013. This is about $4 billion less than was provided in FY2012. However, in terms of new appropriations for HUD’s programs and activities, the President’s budget actually requested an increase of more than $512 million compared to FY2012. The difference—a decrease in net budget authority versus an increase in new appropriations—is attributable to an estimated increase in the amount of excess receipts available from the FHA insurance fund,...
Turkmenistan: Recent Developments and U.S. Interests
When Turkmenistan gained independence with the dissolution of the Soviet Union at the end of 1991, the former republic’s president and head of the Turkmen Communist Party, Saparamurad Niyazov, retained power. He was reelected president in another uncontested race in 1992, and a referendum in 1994 extended his term until 2002. Before facing reelection, however, constitutional amendments approved in 1999 proclaimed him president for life. The country’s May 1992 constitution granted Niyazov overwhelming powers to rule by decree as head of state and government. According to several...
Patient Protection and Affordable Care Act: Annual Fee on Health Insurers
The Patient Protection and Affordable Care Act (P.L. 111-148) and the Reconciliation Act of 2010 (P.L. 111-152) impose an annual fee on certain for-profit health insurers, starting in 2014. The aggregate amount of the ACA fee, to be collected across all covered insurers, will be $8.0 billion in 2014, $11.3 billion in 2015 and 2016, $13.9 billion in 2017, and $14.3 billion in 2018. After 2018, the aggregate fee will be indexed to the overall rate of annual premium growth, as calculated by the Internal Revenue Service.
The annual fee will be apportioned among health insurers, based on (1)...
Unauthorized Alien Students: Legislation in the 109th and 110th Congresses
Legalization of unauthorized immigrants living in the United States is a key issue in immigration reform. Recent discussions of this issue have focused mainly on controversial legislative proposals to create a pathway to legal status for a large majority of today’s unauthorized aliens. For many years, however, narrower bills were regularly introduced in Congress that sought to provide both legal immigration status and education-related relief to a subgroup of the larger unauthorized population: individuals who were brought, as children, to live in the United States by their parents or...
The National Labor Relations Act (NLRA): Union Representation Procedures and Dispute Resolution
The National Labor Relations Act of 1935 (NLRA) gives private sector workers the right to join or form a labor union and to bargain collectively over wages, hours, and other working conditions. An issue before Congress is whether to change the procedures under which a union is certified as the bargaining representative of a union chosen by a majority of workers.
Under current law, the National Labor Relations Board (NLRB) conducts a secret ballot election when a petition is filed requesting one. A petition can be filed by a union, worker, or employer. Workers or a union may request an...
Majority Cloture for Nominations: Implications and the “Nuclear” Proceedings
On November 21, 2013, by overturning a ruling of the chair on appeal, the Senate set a precedent that lowered the vote threshold required by Senate Standing Rule XXII for invoking cloture on most presidential nominations. The precedent did not change the text of Rule XXII of the Standing Rules; rather, the Senate established a precedent reinterpreting the provisions of Rule XXII to require only a simple majority of those voting, rather than three-fifths of the full Senate, to invoke cloture on all presidential nominations except those to the U.S. Supreme Court.
The precedent does not...
Federal Research and Development Funding: FY2013
President Obama’s budget request for FY2013 included $140.820 billion for research and development (R&D), a $1.951 billion (1.4%) increase from the FY2012 estimated funding level of $138.869 billion. The FY2013 Consolidated and Further Continuing Appropriations Act (P.L. 113-6), signed into law on March 26, 2013, provided year-long appropriations to all agencies for FY2013. The law included divisions incorporating five of the regular appropriations bills—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Commerce, Justice, Science, and Related Agencies;...
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Keystone XL Pipeline Project: Key Issues
This report describes the Keystone XL pipeline proposal and the process required for federal approval. It summarizes key arguments for and against the pipeline put forth by the pipeline's developers, federal agencies, environmental groups, and other stakeholders. The report discusses potential consistency challenges faced by the State Department in reviewing the pipeline application given its recent prior approvals of similar pipeline projects. Finally, the report reviews the constitutional basis for the State Department's authority to issue a Presidential Permit, and opponents' possible...
Introduced in various incarnations in every congressional session since the 103rd Congress, the proposed Employment Non-Discrimination Act (ENDA; H.R. 1755/S. 815 in the 113th Congress) would prohibit discrimination based on an individual’s actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment. The stated purpose of the legislation is “to address the history and persistent, widespread pattern of discrimination, including unconstitutional discrimination, on the basis of...
European Union Enlargement: A Status Report on Turkey’s Accession Negotiations
October 2013 marked the eighth anniversary of the European Union’s decision to launch formal negotiations with Turkey toward full membership in the Union. Throughout all of 2012 and the first half of 2013, little or no progress was made on any open chapters of the EU’s rules and regulations known as the acquis communautaire, as formal accession talks between Turkey and the EU seemed to have reached a political and technical stalemate.
In February 2013, France, which has been part of a group in the EU that has expressed doubts about Turkey’s EU membership, signaled that it was prepared to...
Geoengineering: Governance and Technology Policy
Climate change policies at both the national and international levels have traditionally focused on measures to mitigate greenhouse gas (GHG) emissions and to adapt to the actual or anticipated impacts of changes in the climate. As a participant in several international agreements on climate change, the United States has joined with other nations to express concern about climate change. Some recent technological advances and hypotheses, generally referred to as “geoengineering” technologies, have created alternatives to traditional approaches to mitigating climate change. If deployed,...
Patent Infringement Pleadings: An Analysis of Recent Proposals for Patent Reform
Patent infringement is the unauthorized making, using, offering for sale, selling, and importing of a patented invention. The patent provides the patent holder with the right to protect against such infringement by suing for relief in the appropriate federal court. Litigation of a patent infringement claim begins with the filing of a complaint in federal court. Form 18 in the appendix of the Federal Rules of Civil Procedure provides a model for a patent infringement complaint. This form requires four statements asserting jurisdiction, patent ownership, patent infringement by the defendant,...
Renewable Fuel Standard (RFS): Overview and Issues
Federal policy has played a key role in the emergence of the U.S. biofuels industry. Policy measures have included minimum renewable fuel usage requirements, blending and production tax credits, an import tariff, loans and loan guarantees, and research grants. One of the more prominent forms of federal policy support is the Renewable Fuel Standard (RFS)—whereby a minimum volume of biofuels is to be used in the national transportation fuel supply each year. This report describes the general nature of the RFS mandate and its implementation, and outlines some emerging issues related to the...
Environmental Policy: CRS Experts
The federal government, primarily the Environmental Protection Agency (EPA), administers a number of laws, largely through states and local agencies, established by Congress to protect human health and the environment. Numerous congressional committees and subcommittees have jurisdiction over these environmental laws for purpose of authorization, appropriations, and oversight. Analysis of environmental policy issues requires an understanding of the impacts to, and from, various industries including coal, oil and gas, manufacturing, and agriculture resulting in overlapping policy issues...
The process by which lower federal court judges are nominated by the President and considered by the Senate is of continuing interest to Congress. Recent Senate debate over judicial nominations has frequently concerned whether a particular President’s judicial nominees, relative to the nominees of other recent Presidents, waited longer for their nominations to be considered by the Senate. This report addresses this issue by (1) providing a statistical analysis of the time from nomination to confirmation for U.S. circuit and district court nominees from Presidents Reagan to Obama; (2)...
The Davis-Bacon Act requires employers to pay workers on federal construction projects at least locally prevailing wages and fringe benefits. These wages and benefits are the minimum hourly wages and benefits that employers must pay workers. In order to hire and retain workers, employers may pay more than locally prevailing wages or benefits. Supporters of the Davis-Bacon Act maintain that it creates stability in local construction and labor markets and ensures that projects are built by the most skilled and experienced workers. Critics of the act argue that it impedes competition, raises...
The National Institute of Standards and Technology: An Appropriations Overview
This report examines the funding for the National Institute of Standards and Technology (NIST).
Cancellation of Nongroup Health Insurance Policies
Congress has expressed interest in health insurance cancellations, in light of media reports stating that individuals have received cancellation letters. While cancellations are not a new industry practice, additional attention has focused on the more recent cancellations given that many of the insurance market reforms included in the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) will become effective beginning in 2014. These cancellations and proposals to address them, including the Administration’s recently announced transitional policy, have been discussed...
The Family Educational Rights and Privacy Act (FERPA): A Legal Overview
The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, was designed to address parents’ growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children.
No substantial legislative changes have been made to FERPA since 2001, but in 2011, the Department of Education (ED) issued controversial new...
Child Labor in America: History, Policy, and Legislative Issues
The history of child labor in America is long and, in some cases, unsavory. It dates back to the founding of the United States. Historically, except for the privileged few, most children worked—either for their parents or for an outside employer. Through the years, however, child labor practices have changed. So have the benefits and risks associated with employment of children. In some respects, altered workplace technology has served to make work easier and less hazardous. At the same time, some processes and equipment have rendered the workplace more advanced and dangerous, especially...
EPA Standards for Greenhouse Gas Emissions from New Power Plants
As President Obama announced initiatives addressing climate change on June 25, 2013, a major focus of attention was the prospect of greenhouse gas (GHG) emission standards for fossil-fueled—mostly coal-fired—electric generating units (EGUs). EGUs (more commonly referred to as power plants) are the largest anthropogenic source of greenhouse gas emissions, accounting for about one-third of total U.S. GHGs. If the country is going to reduce its GHG emissions by significant amounts, as the President has committed to do, emissions from these sources will almost certainly need to be controlled....
The September 2013 Terrorist Attack in Kenya: In Brief
On September 21, 2013, masked gunmen attacked the upscale Westgate shopping mall in Nairobi, Kenya taking hostages and killing at least 67 people. Almost 200 people, including at least five U.S. citizens, were wounded in the siege, which lasted four days. The attack is the most deadly terrorist incident in Kenya since the 1998 Al Qaeda bombing of the U.S. embassy in Nairobi. A Somali Islamist insurgent group, Al Shabaab, which has ties to Al Qaeda, claimed responsibility for the Westgate attack. Al Qaeda and affiliated groups like Al Shabaab have had a presence in East Africa for almost 20...
In 1970, Congress enacted legislation directing the President to promulgate oil spill prevention and response regulations. This presidential authority was delegated to the Environmental Protection Agency (EPA) by President Nixon in 1970. In 1973, EPA issued Spill Prevention, Control, and Countermeasure (SPCC) regulations that require applicable facilities to prevent, prepare, and respond to oil discharges that may reach navigable waters of the United States or adjoining shorelines. Among other obligations, SPCC regulations require secondary containment (e.g., dikes or berms) for certain...
Federal Employees Health Benefits Program (FEHBP): Available Health Insurance Options
This report discusses the Federal Employees Health Benefits Program (FEHBP), a program administered by the Office of Personnel Management (OPM), which is statutorily given the authority to contract with qualified carriers offering plans and to prescribe regulations necessary to carry out the statute, among other duties.
China’s Political Institutions and Leaders in Charts
This report provides a snapshot of China’s leading political institutions and current leaders in the form of nine organization charts and three tables. The report is a companion to CRS Report R41007, Understanding China’s Political System, by Susan V. Lawrence and Michael F. Martin, which provides a detailed explanation of China’s political system. This chart-based report is intended to assist Members and their staffs seeking to understand where political institutions and individuals fit within the broader Chinese political system and to identify which Chinese officials are responsible for...
Tax-Advantaged Accounts for Health Care Expenses: Side-by-Side Comparison, 2013
Four types of tax-advantaged accounts can be used to pay for unreimbursed qualifying medical expenses: health care flexible spending accounts (FSAs), health reimbursement accounts (HRAs), health savings accounts (HSAs), and medical savings accounts (MSAs). Qualifying unreimbursed medical expenses are defined in the Internal Revenue Code (IRC) and typically include deductibles, copayments, and goods and/or services not covered by insurance. The goods and/or services can include medical services rendered by physicians, surgeons, dentists, and other medical practitioners. The costs of...
A U.S.-Centric Chronology of the United Nations Framework Convention on Climate Change
The November 2013 negotiations in Warsaw are the most recent in a series aimed at arranging multilateral cooperation to address climate change. The United Nations launched formal international negotiations in 1990 to respond to growing scientific and public concern about human-induced emissions of greenhouse gases (GHG), principally carbon dioxide. This report chronicles the main milestones and issues in the United Nations process to address climate change.
The 1992 United Nations Framework Convention on Climate Change (UNFCCC): Governments agreed in 1992 to the United Nations Framework...
Postsecondary Education Issues in the 113th Congress
The 113th Congress may face an array of policy issues affecting postsecondary education. Many of these postsecondary education issues may be considered as part of efforts to reauthorize the Higher Education Act of 1965, as amended (HEA). However, postsecondary education issues also may emerge as part of other legislative efforts such as comprehensive immigration reform (CIR), reform of the federal tax code, or the annual appropriations process.
This report identifies and briefly examines several postsecondary education policy issue areas that may be of general interest. For each of these...
The Defense Production Act of 1950 (DPA)
This report discusses the Defense Production Act of 1950 (DPA, 50 U.S.C. Appx § 2061 et seq.), which confers upon the President a broad set of authorities to influence domestic industry in the interest of national defense.
The Consumer Product Safety Commission (CPSC) and International Trade: Legal Issues
Most consumer products within the jurisdiction of the U.S. Consumer Product Safety Commission (CPSC) are imported into the United States. The CPSC is the central, federal authority for the promotion and enforcement of consumer product safety. In 2008, following several well-publicized national recalls of toys and children’s products, many of which contained lead, Congress passed the Consumer Product Safety Improvement Act (CPSIA), which included provisions addressing the CPSC’s role in ensuring the safety of imported and exported consumer products.
With regard to import safety, the CPSC...
Pesticide Registration and Tolerance Fees: An Overview
The Pesticide Registration Improvement Extension Act of 2012 (PRIA 3; P.L. 112-177), enacted September 28, 2012, amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA) to reauthorize and revise, through FY2017, the collection and use of fees to enhance and accelerate the U.S. Environmental Protection Agency’s (EPA’s) pesticide licensing (registration) activities. Among other provisions, P.L. 112-177 increases the amounts of certain fees, revises the schedule for fee assessment and review deadlines for reviewing specific...
Carbon Capture Technology Assessment: In Brief
Carbon capture and sequestration (CCS) is widely seen as a critical strategy for limiting atmospheric emissions of carbon dioxide (CO2)—the principal “greenhouse gas” linked to global climate change—from power plants and other large industrial sources. This report focuses on the first component of a CCS system, the CO2 capture process. Unlike the other two components of CCS, transportation and geologic storage, the CO2 capture component of CCS is heavily technology-dependent. For CCS to succeed at reducing CO2 emissions from a significant fraction of large sources in the United States, CO2...
Carbon Capture: A Technology Assessment
Carbon capture and sequestration (or carbon capture and storage, CCS) is widely seen as a critical strategy for limiting atmospheric emissions of carbon dioxide (CO2)—the principal “greenhouse gas” linked to global climate change—from power plants and other large industrial sources. This report focuses on the first component of a CCS system, the CO2 capture process. Unlike the other two components of CCS, transportation and geologic storage, the CO2 capture component of CCS is heavily technology-dependent. For CCS to succeed at reducing CO2 emissions from a significant fraction of large...
Georgia’s October 2013 Presidential Election: Outcome and Implications
This report discusses Georgia’s October 27, 2013, presidential election and its implications for U.S. interests. The election took place one year after a legislative election that witnessed the mostly peaceful shift of legislative and ministerial power from the ruling party, the United National Movement (UNM), to the Georgia Dream (GD) coalition bloc. The newly elected president, Giorgi Margvelashvili of the GD, will have fewer powers under recently approved constitutional changes.
Most observers have viewed the 2013 presidential election as marking Georgia’s further progress in...
Pharmaceutical Supply Chain Security
The drug package that a community pharmacist hands to a patient, or a hospital pharmacist sends to a patient’s bedside, or a physician administers in the medical office has reached the end of a complicated path. That path is called a supply or distribution chain. The upstream portion of the chain includes the journey of each active and inactive ingredient and their chemical components to the manufacturer that creates the finished drug product. The downstream chain, which this report addresses, includes the repackagers, wholesale distributors, associated storage and transport companies,...
The Proposed Drug Quality and Security Act (H.R. 3204)
The proposed Drug Quality and Security Act, H.R. 3204, is the current focus of congressional efforts to protect the public from unsafe, ineffective, or otherwise subquality compounded drugs and from the risks of counterfeit and subquality drugs entering the supply chain between the manufacturer and the dispenser. Majority and minority leadership of the House Committee on Energy and Commerce and the Senate Committee on Health, Education, Labor, and Pensions announced an agreement on September 25, 2013, following years of bicameral and bipartisan efforts. On September 27, 2013,...
The Shift to Digital Advertising: Industry Trends and Policy Issues for Congress
The United States is the world’s largest advertising market. According to one estimate, domestic advertising revenue totaled $219 billion in 2012, accounting for about 1% of U.S. gross domestic product (GDP). Almost every major medium of information, including the press, entertainment, and online services, depends on advertising revenue. Advertising accounts for 60%-80% of total revenue at many newspapers and magazines and for most revenue at search engines and social networking sites.
Television still remains the main choice for advertisers, with ad revenue at almost $76 billion in 2012....
Oil and Natural Gas Industry Tax Issues in the FY2014 Budget Proposal
The Obama Administration, in the FY2014 budget proposal, seeks to eliminate a set of tax expenditures that benefit the oil and natural gas industries. Supporters of these tax provisions see them as comparable to those affecting other industries and supporting the production of domestic oil and natural gas resources. Opponents of the provisions see these tax expenditures as subsidies to a profitable industry the government can ill afford, and impediments to the development of clean energy alternatives.
The FY2014 budget proposal outlines a set of proposals, framed as the termination of tax...
Corporate Criminal Liability: An Overview of Federal Law
A corporation is criminally liable for the federal crimes its employees or agents commit in its interest. Corporate officers, employees, and agents are individually liable for the crimes they commit, for the crimes they conspire to commit, for the foreseeable crimes their coconspirators commit, for the crimes whose commission they aid and abet, and for the crimes whose perpetrators they assist after the fact.
The decision whether to prosecute a corporation rests with the Justice Department. Internal guidelines identify the factors that are to be weighed: the strength of the case against...
Corporate Criminal Liability: An Abbreviated Overview of Federal Law
A corporation is criminally liable for the federal crimes its employees or agents commit in its interest. Corporate officers, employees, and agents are individually liable for the crimes they commit, for the crimes they conspire to commit, for the foreseeable crimes their coconspirators commit, for the crimes whose commission they aid and abet, and for the crimes whose perpetrators they assist after the fact.
The decision whether to prosecute a corporation rests with the Justice Department. Internal guidelines identify the factors that are to be weighed: the strength of the case against...
The Workforce Investment Act of 1998 (WIA; P.L. 105-220) is the primary federal program that supports workforce development activities, including job search assistance, career development, and job training. WIA established the One-Stop delivery system as a way to co-locate and coordinate the activities of multiple employment programs for adults, youth, and various targeted subpopulations. The delivery of these services occurs primarily through more than 3,000 One-Stop career centers nationwide.
WIA includes four main titles that cover employment and training services, adult education and...
Petroleum Coke: Industry and Environmental Issues
Congressional Research Service 7-5700 www.crs.gov R43263 Summary In early 2013, media outlets around Detroit, Michigan began publishing stories about large piles of petroleum coke stored along the Detroit Riverfront. Petroleum coke (petcoke) is a black-colored solid composed primarily of carbon, and may contain limited amounts of elemental forms of sulfur, metals and non-volatile inorganic compounds. Petcoke is essentially chemically inert. Petcoke exposure is considered to pose few human health or environmental risks, but may present significant nuisance concerns. The material in Detroit...
Foreign Assistance: Public-Private Partnerships (PPPs)
The flow of private sector resources to developing countries has increased significantly in recent decades. Seeking opportunity in this changing environment, government development assistance agencies such as the U.S. Agency for International Development and the State Department are working with private sector entities in unprecedented ways to determine when and if such partnerships can lead to improved development results. As explained in the Obama Administration’s 2010 Quadrennial Diplomacy and Development Review (QDDR), “private sector partners can add value to our missions through...
The “Pay Ratio Provision” in the Dodd-Frank Act: Legislation to Repeal It in the 113th Congress
Section 953(b) of the Dodd-Frank Consumer Protection and Wall Street Reform Act (Dodd-Frank Act; P.L. 111-203), known as the “pay ratio provision,” requires the Securities and Exchange Commission (SEC) to write rules to implement a requirement that public companies disclose the ratio between the total compensation of a company’s chief executive officer (CEO) and the median compensation of all other employees. On September 18, 2013, the agency released proposals to implement the pay ratio provision. A firm will be able to choose its own methodology to calculate worker median pay, including...
Sovereign Debt in Advanced Economies: Overview and Issues for Congress
Sovereign debt, also called public debt or government debt, refers to debt incurred by governments. Since the global financial crisis of 2008-2009, public debt in advanced economies has increased substantially. A number of factors related to the financial crisis have fueled the increase, including fiscal stimulus packages, the nationalization of private-sector debt, and lower tax revenue. Even if economic growth reverses some of these trends, such as by boosting tax receipts and reducing spending on government programs, aging populations in advanced economies are expected to strain...
Renewable Energy Programs and the Farm Bill: Status and Issues
Title IX, the energy title of the 2008 farm bill (P.L. 110-240), contains the bioenergy programs administered by the U.S. Department of Agriculture (USDA). USDA renewable energy programs have incentivized research, development, and adoption of renewable energy projects, including solar, wind, and anaerobic digesters. However, the primary focus of USDA renewable energy programs has been to promote U.S. biofuels production and use—including corn starch-based ethanol, cellulosic ethanol, and soybean-based biodiesel.
Cornstarch-based ethanol dominates the U.S. biofuels industry. The 2008 farm...
This report explores government surveillance act and other difficult constitutional issues prompted by the idea of including a new adversary in established under the Foreign Intelligence Surveillance Act of 1978 (FISA) FISA court proceedings.
S. 1392, Shaheen-Portman Bill: Energy Savings and Industrial Competitiveness Act of 2013
S. 1392—the Energy Savings and Industrial Competitiveness Act of 2013—was introduced on July 30, 2013. Often referred to as the Shaheen-Portman bill, it is a trimmed-down version of S. 761. It contains provisions for building energy codes, industrial energy efficiency, federal agencies, and budget offsets. The bill contains voluntary provisions and was designed to be deficit-neutral. To date, virtually all debate related to the bill has been focused on floor amendments.
The bill was reported by the Senate Committee on Energy and Natural Resources (SENR) on a 19-3 vote. On August 1, 2013, a...
FY2014 Appropriations Lapse and the Department of Homeland Security: Impact and Legislation
Absent legislation providing appropriations for the Department of Homeland Security (DHS) for FY2014, the Department implemented a shutdown furlough on October 1, 2013. Operations of different components were affected to varying degrees by the shutdown. While an estimated 31,295 employees were furloughed, roughly 85% of the department’s workforce continued with their duties that day, due to exceptions identified in current interpretations of law. Some DHS employees were recalled to work after the furloughs began on the basis of unanticipated needs (such as disaster preparedness activities)...
On June 1, 2007, the European Union (EU) began to implement a new law governing chemicals in EU commerce: Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). It is intended to protect human health and the environment from hazardous chemicals while at the same time protecting the competitiveness of European industry. REACH evolved over eight years and reflects compromises reached among EU stakeholders. The final regulation reduces and coordinates EU regulatory requirements for chemicals new to the EU market and increases collection of such information for...
Background on the Scheduled Reduction to Supplemental Nutrition Assistance Program (SNAP) Benefits
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) included an across-the-board increase in benefits provided under the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program), effective in April 2009. ARRA substantially raised maximum monthly benefits, by 13.6% in FY2009. For a one-person household, the added benefit was $24 a month; for two persons, $44 a month; for three persons (the most typical household), $63 a month; for four persons, $80 a month; and for larger households, higher amounts. As a result, average household SNAP benefits...
Thirty-seven years of experience implementing and enforcing the Toxic Substances Control Act (TSCA) since its enactment have demonstrated the strengths and weaknesses of the law and led many to propose legislative changes to TSCA’s core provisions. The Safe Chemicals Act (S. 696) and the Chemical Safety Improvement Act (S. 1009) introduced in the 113th Congress would amend TSCA Title I. This CRS report compares key provisions of S. 696 and S. 1009 with the language of the current statute (15 U.S.C. 2601 et seq.).
Existing Law
TSCA as enacted authorizes the Environmental Protection Agency...
Persistent Organic Pollutants (POPs): Fact Sheet on Three International Agreements
Persistent organic pollutants (POPs) are chemicals that do not break down easily in the environment, tend to accumulate as they move up the food chain, and may be harmful to people and wildlife. Between 1998 and 2001, the United States signed two international treaties and one executive agreement to reduce the production and use of POPs and to regulate the trade and disposal of them. President Bush signed and submitted the two treaties to the Senate for advice and consent. If the Senate consents by a two-thirds majority, and if Congress passes legislation that would be needed to implement...
Federal Financial Reporting: An Overview
Federal financial reporting—defined here as the process of recording retrospective executive department-level financial and performance information—can provide both a snapshot of the government’s financial health at a given moment in time, as well as an accounting of its financial performance over a particular time frame. Federal financial reports may help the federal government demonstrate accountability, provide information for policy formulation and planning, and be used to evaluate governmental performance. Multiple reports are required by law, and all are intended to permit...
Dairy Policy Proposals in the Next Farm Bill
The 113th Congress has been considering an omnibus farm bill that would establish the direction of U.S. agricultural policy for the next five years. Among the many provisions being considered, both the Senate-passed (S. 954) and House-passed (H.R. 2642) versions of the 2013 farm bill would reshape the structure of U.S. dairy support.
Current U.S. federal dairy policy is based on five major programs—the Dairy Product Price Support Program (DPPSP), the Milk Income Loss Contract (MILC) Program, Federal Milk Marketing Orders (FMMOs), Dairy Import Tariff Rate Quotas (TRQs), and the Dairy...
Farm Safety Net Provisions in a 2013 Farm Bill: S. 954 and H.R. 2642
The farm commodity provisions of the Food, Conservation, and Energy Act of 2008, as amended (P.L. 110-246, the 2008 farm bill) expire with the 2013 crop year. Consequently, the 113th Congress has been considering an omnibus farm bill that would establish the direction of agricultural policy for the next five years. On June 10, 2013, the Senate approved its version of the farm bill, S. 954, the Agriculture Reform, Food and Jobs Act of 2013. The House approved a farm bill (H.R. 2642) without a nutrition title on July 11, 2013, and a nutrition title (H.R. 3102) on September 19, 2013. The...
Improper Payments and Recovery Audits: Legislation, Implementation, and Analysis
As Congress searches for ways to generate savings, reduce the deficit, and fund federal programs, it has held hearings and passed legislation to prevent and recover improper payments. Improper payments—which exceeded $115 billion in FY2011—are payments made in an incorrect amount, payments that should not have been made at all, or payments made to an ineligible recipient or for an ineligible purpose. The total amount of improper payments may be even higher than reported because several agencies have yet to determine improper payment amounts for many programs, including some with billions...
Student Bullying: Overview of Research, Federal Initiatives, and Legal Issues
Many Members of Congress have become increasingly concerned about what can be done to address student bullying. This concern has arisen in response to high-profile bullying incidents that have occurred in recent years, and due to a growing body of research on the negative consequences of school bullying. Congress is interested in ensuring that schools are safe, secure places for students, so that they can receive the full benefits of their education. Several bills that address school bullying have already been introduced in the 113th Congress, although none has been enacted as of the date...
Government Shutdown: Operations of the Department of Defense During a Lapse in Appropriations
Because Congress did not provide any FY2014 funding for the Department of Defense (DOD) by October 1, 2013, the beginning of the new fiscal year, DOD, like other agencies, is now subject to a lapse in appropriations during which agencies are generally required to shut down. The Office of Management and Budget (OMB), however, has identified a number of exceptions to the requirement that agencies cease operations, including a blanket exception for activities that “provide for the national security.”
With the approach of the Treasury Department’s estimate of an October 17, 2013, deadline for...
The Medical Device Excise Tax: A Legal Overview
On December 7, 2012, the Department of the Treasury and the Internal Revenue Service issued final regulations explaining the scope of the medical device excise tax created by the Health Care and Education Reconciliation Act of 2010 (HCERA), which modified the Patient Protection and Affordable Care Act of 2010. The new regulations were issued less than a month before the 2.3% excise tax took effect on January 1, 2013. This report provides a brief overview of the recently enacted Treasury regulations, analyzes the legal implications of the regulations, and answers frequently asked questions...
Congress has yet to complete legislative action on any of the 12 regular appropriations bills to fund the routine operations of federal agencies for FY2014, which began on October 1, 2013. Moreover, lawmakers have been unable to agree on a continuing appropriations bill, or continuing resolution (CR), to provide funding for part or all of the new fiscal year. As a result, the federal government has begun a shutdown of programs that lack budget authority to continue operations in FY2014, except in certain circumstances.
Congress is deeply divided over implementation of the Patient...
Syria’s Chemical Weapons: Issues for Congress
Syria has produced, stored, and weaponized chemical agents, but it remains dependent on foreign suppliers for chemical precursors. The regime of President Bashar al Asad possesses stocks of nerve (sarin, VX) and blister (mustard gas) agents, possibly weaponized into bombs, shells, and missiles. The government also has associated production facilities. Chemical weapons and their agents can deteriorate depending on age and quality; little is known from open sources about the current condition of the stockpile. Syria continues to attempt to procure new supplies of chemical weapons precursors,...
The Great Lakes Restoration Initiative: Background and Issues
The Great Lakes ecosystem is recognized by many as an international natural resource that has been altered by human activities and climate variability. These alterations have led to degraded water quality, diminished habitat, lower native fish and wildlife populations, and an altered ecosystem. In response, the federal governments of the United States and Canada and the state and provincial governments in the Great Lakes basin are implementing several restoration activities. These activities range from mitigating the harmful effects of toxic substances in lake waters to restoring fish...
Updating the Statutory Framework for Communications for the Digital Age: Issues for Congress
The statutory framework for the communications sector largely was enacted prior to the commercial development and deployment of digital technology, Internet Protocol (IP), broadband networks, and online voice, data, and video services. These new technologies have driven changes in market structure throughout the communications sector. Technological spillovers have allowed for the convergence of previously service-specific networks, creating new competitive entry opportunities. But they also have created certain incentives for market consolidation. Firms also have used new technologies to...
Fighting HIV/AIDS, tuberculosis (TB), and malaria globally is a priority for Congress. The 108th and 110th Congresses enacted two pieces of legislation that have shaped U.S. responses to these diseases: P.L. 108-25, the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Leadership Act), and P.L. 110-293, the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (Lantos-Hyde Act). The Leadership Act authorized $15 billion to be spent from FY2004 through FY2008 on fighting HIV/AIDS,...
Tajikistan: Recent Developments and U.S. Interests
Tajikistan is a significant country in Central Asia by virtue of its geographic location bordering China and Afghanistan and its ample water and other resources, but it faces ethnic and clan schisms, deep poverty, poor governance, and other severe challenges. Tajikistan was one of the poorest of the new states that gained independence at the end of 1991 after the break-up of the former Soviet Union. The new country was soon plunged into a devastating civil conflict between competing regional and other interests that lasted until a peace settlement in 1997. Former state farm chairman...
Overview of Management and Restoration Activities in the Salton Sea
The Salton Sea is located in southern California and is considered the largest inland water body in the state. The Salton Basin, where the Salton Sea is located, has supported many lakes and water bodies throughout its geological history. The Salton Sea was created when a canal gate broke in 1905 allowing fresh Colorado River water into the Basin. The Salton Sea is now sustained by agricultural runoff from farmlands in the Imperial and Coachella valleys. It provides permanent and temporary habitat for many species of plants and animals, including several endangered species. It also serves...
Environmental Protection Agency (EPA) Appropriations for FY2013: Debate During the 112th Congress
Preceding the March 26, 2013, enactment of the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6), during the 113th Congress, the Continuing Appropriations Resolution, 2013 (P.L. 112-175, H.J.Res. 117), enacted September 28, 2012, provided appropriations for federal departments and agencies—including the Environmental Protection Agency (EPA)—funded under each of the regular appropriations bills through March 27, 2013. The continuing resolution provided funding generally at FY2012 levels with an across-the-board increase of 0.612% unless otherwise specified....
Issues in Homeland Security Policy for the 113th Congress
With the 10th anniversary of the establishment of the Department of Homeland Security (DHS), many observers have made a fresh assessment of where America’s homeland security enterprise stands today. DHS is currently the third-largest department in the federal government, although it does not incorporate all of the homeland security functions at the federal level. The definition of homeland security remains unsettled, and questions about the effectiveness and efficiency of the department have been raised since it was first proposed. Evolution of America’s response to terrorist threats has...
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power
The lines of authority between states and the federal government are, to a significant extent, defined by the United States Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to reevaluate this historical relationship. This report discusses state and federal legislative power generally, focusing on a number of these “federalism” cases. The report does not, however, address the larger policy issue of when it is appropriate—as opposed to constitutionally permissible—to exercise federal powers.
The U.S. Constitution...
Private Health Plans Under the ACA: In Brief
This report provides short descriptions of health plans that may be offered inside and outside of exchanges: qualified health plans; child-only plans; multi-state plans; health cooperatives; catastrophic and other high deductible health plans; stand-alone dental plans; nongroup, small group and large group plans; grandfathered plans; self-funded (self-insured) plans; union plans; retiree-only plans; and vision plans, ancillary insurance products, and limited-benefit plans.
In addition, this report indicates the applicability of select ACA market reforms to private health plans. The...
The Northeast Home Heating Oil Reserve and the National Oilheat Research Alliance
This report discusses the price of home heating oil in the Northeast. The Northeast demand for home heating oil has declined by 47% since 2000, from nearly 7 billion gallons to 3.6 billion gallons in 2011. The report provides detailed information regarding northeast home heating oil reserve and national Oilheat Research Alliance.
Intelligence Spending and Appropriations: Issues for Congress
It is now publicly acknowledged that intelligence appropriations are a significant component of the federal budget, over $78 billion in FY2012 for both the national and military intelligence programs. Limited publicly available data suggest intelligence spending, measured in constant 2014 dollars, has roughly doubled since the September 11, 2001, terrorist attacks and, before declines over the last three years, was almost double spending at its peak at the end of the Cold War. The recent disclosure by the Washington Post of details from the Administration’s FY2013 National Intelligence...
The National Voter Registration Act of 1993: History, Implementation, and Effects
After the passage of the Voting Rights Act of 1965 (42 U.S.C. §1973–1973aa-6), legislation had been urged for over two decades that would create a national voter registration system designed to make registration easier and more uniform from state to state. The National Voter Registration Act of 1993 (NVRA, P.L. 103-31, 107 Stat.77, [42 U.S.C. §1973gg et seq.]), the so-called “motor-voter” bill, was signed into law by President Clinton on May 20, 1993. It required states to establish voter registration procedures for federal elections so that eligible citizens might apply to register to...
U.S. Sanctions on Burma: Issues for the 113th Congress
In March 2011, Burma’s ruling military junta, the State Peace and Development Council (SPDC) formally dissolved itself and transferred power to a semi-military/semi-civilian government known as the Union Government, headed by President Thein Sein, ex-general and former prime minister for the SPDC. President Thein Sein, with the support of Burma’s Union Parliament, has implemented a number of political and economic reforms, to which the Obama Administration has responded by waiving or easing sanctions.
Although the presidential waivers effectively lift the sanctions, they do not revoke or...
Rebuilding Household Wealth: Implications for Economic Recovery
The pace of economic recovery from the 2007-2009 recession has been historically slow. Over four years of recovery, the annual rate of growth of real gross domestic product (GDP) has averaged 2%, well below the 3% to 5% typical of other post-WWII recoveries. As a result, the output gap—the difference between what the economy could produce and what it actually produced—has only declined from a high of 8.1% in mid-2009 to a still large 5.8% in mid- 2013. Slow growth of output has translated into a slow reduction of unemployment.
The recovery has persisted, in part, due to support to...
GSEs and the Government’s Role in Housing Finance: Issues for the 113th Congress
The federal government’s role in the mortgage market dates to the Depression and is considered by many to be substantial: Fannie Mae, Freddie Mac, and Ginnie Mae (officially the Government National Mortgage Association, which is part of the Department of Housing and Urban Development) together guarantee virtually all new mortgage-backed securities (MBS). With slightly less than $10 trillion in mortgages outstanding, the residential mortgage market is of central importance both to households and to lenders.
As government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac have special...
Chemical Weapons: A Summary Report of Characteristics and Effects
The potential for terrorist use of chemical agents is a noted concern highlighted by the Tokyo sarin gas attacks of 1995. The events of September 11, 2001, increased congressional attention towards reducing the vulnerability of the United States to such unconventional attacks. The possibility that terrorist groups might obtain insecure chemical weapons led to increased scrutiny of declared Libyan chemical weapon stockpiles following the fall of the Qadhafi regime. Experts have expressed similar concerns regarding the security and use of Syrian chemical weapons, reportedly including stocks...
Federal Climate Change Funding from FY2008 to FY2014
Direct federal funding to address global climate change totaled approximately $77 billion from FY2008 through FY2013. The large majority—more than 75%—has funded technology development and deployment, primarily through the Department of Energy (DOE). More than one-third of the identified funding was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The President’s request for FY2014 contains $11.6 billion for federal expenditures on programs. In the request, 23% would be for science, 68% for energy technology development and deployment, 8% for international...
Pakistan: U.S. Foreign Aid Conditions, Restrictions, and Reporting Requirements
The 113th Congress continues to debate levels of U.S. assistance to Pakistan in light of signs that Pakistan may not be a fully willing and effective U.S. partner, and that official Pakistani elements continue to support Islamist militant forces. During a period of economic and budget crises in the United States, Obama Administration officials and some senior Members of Congress have voiced concerns about the efficacy of continuing the flow of billions of U.S. aid dollars into Pakistan, with some in Congress urging more stringent conditions on, or even curtailment of, such aid. At issue is...
Egypt in Crisis: Issues for Congress
This report provides a brief overview of the key issues for the 113th Congress related to Egypt.
Possible U.S. Intervention in Syria: Issues for Congress
Reports of a mass casualty chemical weapons attack in the suburbs of Damascus are reshaping the long-running and contentious debate over possible U.S. intervention in Syria’s bloody civil war. Obama Administration officials and some foreign governments report that on August 21, 2013, forces loyal to Syrian President Bashar al Asad attacked opposition-controlled areas in the suburbs of the capital with chemical weapons, killing hundreds of civilians, including women and children. The Syrian government has denied the accusations categorically and blames the opposition for the attack. United...
Loss of Federal Pensions for Members of Congress Convicted of Certain Offenses
Members of Congress may forfeit or lose their congressional pensions upon conviction of certain federal crimes under two different provisions of federal law:
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Under the so-called “Hiss Act,” Members of Congress (and most other officers and employees of the federal government) will forfeit their entire federal employee retirement annuities if convicted of a federal crime that relates to espionage, treason, or several other national security offenses against the United States.
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In addition to the Hiss Act provisions, Congress enacted, as part of the Honest Leadership and Open Government...
Harbor Maintenance Finance and Funding
The federal government has assumed principal responsibility for maintenance of the nation’s harbors and shipping channels. Harbor maintenance activities are overseen by the U.S. Army Corps of Engineers (the Corps or USACE) and largely funded through the harbor maintenance trust fund (HMTF), which receives revenue from taxes on waterborne cargo and on cruise ship passengers. The future of the HMTF is a major issue in consideration of the Water Resources Development Act (WRDA), which is now pending in Congress. Legislation passed in the Senate (S. 601) and under consideration in the House...
An Overview of Judicial Review of Immigration Matters
Congress has plenary or sovereign power over the conditions for admitting aliens into the United States and permitting them to remain. This power is so completely entrusted to the political branch to legislate and implement as to be largely free from judicial review. However, this power is still subject to constitutional limitations, including substantive and procedural due process protections. In immigration cases, due process may be a flexible concept and the particular procedures that may be constitutionally required depend on the relative interests involved.
Historically, immigration...
The Framework for Foreign Workers’ Labor Protections Under Federal Law
One challenge of immigration law has been to balance the interests of the domestic workforce with employer interests in hiring foreign workers who are not already authorized to work in the United States while preventing the exploitation of foreign workers. There are three main sources of labor protections for foreign workers in the United States: (1) the conditions imposed on employers hiring foreign workers through the Department of Labor (DOL) labor certification/attestation and DHS petition process; (2) federal labor laws stipulating that employers adhere to certain requirements...
Preemption of Drug and Medical Device Claims: A Legal Overview
The interaction between state tort laws and the federal regulation of medical devices and drugs has been a source of constant litigation in recent years. In the last two decades, the Supreme Court has issued several decisions concerning whether the Federal Food, Drug, and Cosmetic Act (FDCA) preempts state tort law. The results have been mixed: in some cases a person injured by an allegedly defective drug or device is barred from suing a manufacturer, whereas in other cases, the Supreme Court has allowed a lawsuit to proceed. Following these decisions, ambiguities exist concerning the...
Climate Change Science: Key Points
Though climate change science often is portrayed as controversial, broad scientific agreement exists on many points:
The Earth’s climate is warming and changing.
Human-related emissions of greenhouse gases (GHG) and other pollutants have contributed to warming observed since the 1970s and, if continued, would tend to drive further warming, sea level rise, and other climate shifts.
Volcanoes, the Earth’s relationship to the Sun, solar cycles, and land cover change may be more influential on climate shifts than rising GHG concentrations on other time and geographic scales. Human-induced...
501(c)(3)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
The political activities of Section 501(c)(3) organizations are often in the news, with allegations made that some groups engaged in impermissible activities. These groups are absolutely prohibited from participating in campaign activity under the Internal Revenue Code (IRC). On the other hand, they are permitted to engage in nonpartisan political activities (e.g., distributing voter guides and conducting get-out-the-vote drives) that do not support or oppose a candidate. Determining whether an activity violates the IRC prohibition depends on the facts and circumstances of each case, and...
Federal Mandatory Minimum Sentencing Statutes
Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under...
Noncitizen Eligibility for Public Benefits: Legal Issues
Whether and when noncitizens may receive particular types of government assistance can be difficult to ascertain because of the various federal, state, and local laws governing their eligibility for such assistance. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 was enacted to establish “national policy with respect to welfare and immigration.” With certain exceptions, PRWORA bars aliens who are not “qualified aliens” from receiving federal, state, or local “public benefits,” and also precludes qualified aliens from receiving “federal means-tested...
Ordering a Roll Call Vote in the Senate
Any time the Senate is considering a question—whether that question is a bill, amendment, motion, conference report, or something else—a Senator who has the floor can “ask for the yeas and nays” or a roll call vote on that question. This is the constitutional right of any Senator, and no other lawmaker can object to the request. If such a request is supported by 10 other Senators (for a total of 11) this usually requires the Senate to conduct a roll call vote (also called a vote by “the yeas and nays”) to decide the question it is considering. The Senate can agree to order a roll call vote...
Federal Mandatory Minimum Sentencing Statutes: An Abbreviated Overview
Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under...
Sexual Assaults Under the Uniform Code of Military Justice (UCMJ): Selected Legislative Proposals
Recent high-profile military-related cases involving sexual assaults by U.S. servicemembers have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a servicemember convicted of an offense.
Under Article I, Section 8 of the U.S. Constitution, Congress has the power to raise and support armies; provide and...
The Indian Child Welfare Act (ICWA): A Legal Overview
From the 19th century to the passage of the Indian Child Welfare Act (ICWA) in 1978, the federal government, states, and private adoption agencies sought to remove Indian children from their tribes and families in order to “civilize” the children or provide them with better lives. Congress passed the ICWA to end this practice and the high rate at which Indian children were being removed from their homes and placed with non-Indians.
One survey reported that 25%-35% of all Indian children were being separated from their families and placed in foster homes, adoptive homes, or institutions....
Under its civil works mission, the U.S. Army Corps of Engineers (the Corps) undertakes water resource projects. The majority of Corps civil works projects involve commercial navigation, flood risk management, and ecosystem restoration.
Before Congress will authorize the construction of or appropriate funds for most Corps civil works projects, the agency must prepare various studies, reports, and evaluations of project benefits and detriments, including adverse environmental impacts. Those impacts, in turn, may obligate the Corps to demonstrate compliance with certain environmental...
Sri Lanka: Background and U.S. Relations
The Democratic Socialist Republic of Sri Lanka, an island nation in the Indian Ocean, is a constitutional democracy with a relatively high level of development. For two and a half decades, political, social, and economic development was seriously constrained by years of ethnic conflict and war between the government and the Liberation Tigers of Tamil Eelam (LTTE), also known as the Tamil Tigers. After a violent end to the civil war in May 2009, in which authorities crushed LTTE forces and precipitated a humanitarian emergency in Sri Lanka’s Tamil-dominated north, attention has turned to...
NSA Surveillance Leaks: Background and Issues for Congress
Recent attention concerning National Security Agency (NSA) surveillance pertains to unauthorized disclosures of two different intelligence collection programs. Since these programs were publicly disclosed over the course of two days in June, there has been confusion about what information is being collected and under which authorities the NSA is acting. This report clarifies the differences between the two programs and identifies potential issues that may help Members of Congress assess legislative proposals pertaining to NSA surveillance authorities.
The first program collects in bulk the...
Teacher Evaluation: Policy Issues in Brief
Teacher evaluation has historically been largely the responsibility of local school administrators working within broad rules set by state law and collective bargaining agreements. These rules generally identify the procedures and circumstances under which a teacher may be dismissed for poor performance and have little to do with conducting teacher evaluation. Until recently, only a handful of states had implemented statewide teacher evaluation policies and federal policy had been silent on the issue of evaluating teacher effectiveness.
In 2006, Congress authorized the Teacher Incentive...
The Family and Medical Leave Act (FMLA): Policy Issues
The Family and Medical Leave Act (FMLA) requires covered employers to allow eligible employees to take up to 12 weeks of leave during any 12-month period to care for a newborn, adopted, or foster child; to care for a family member with a serious health condition; or because of the employee’s own serious health condition. The act allows eligible employees to take up to 12 weeks of leave because of “qualifying exigencies” when a family member who is in the Armed Forces or National Guard is deployed overseas. An employee may also take up to 26 weeks of leave during a single 12-month period to...
In the more than three decades since the Supreme Court’s ruling in Regents of the University of California v. Bakke affirmed the constitutionality of affirmative action in public colleges and universities, many institutions of higher education have implemented race-conscious admissions programs in order to achieve a racially and ethnically diverse student body or faculty. Nevertheless, the pursuit of diversity in higher education remains controversial, and legal challenges to such admissions programs routinely continue to occur.
Currently, the Court is poised to consider a novel question...
The President makes appointments, with the advice and consent of the Senate, to some 148 full-time leadership positions on 33 federal regulatory and other collegial boards and commissions. This appointment process consists of three distinct stages: selection, clearance, and nomination by the President; consideration by the Senate; and appointment by the President. These advice and consent positions can also temporarily be filled by the President alone through a recess appointment. Membership positions on this set of collegial bodies often have fixed terms, and incumbents are often...
Kyrgyzstan: Recent Developments and U.S. Interests
Kyrgyzstan is a small and poor Central Asian country that gained independence in 1991 with the breakup of the Soviet Union. The United States has been interested in helping Kyrgyzstan to enhance its sovereignty and territorial integrity, bolster economic reform and development, strengthen human rights, prevent weapons proliferation, and more effectively combat transnational terrorism and trafficking in persons and narcotics. Special attention long has been placed on bolstering civil society and democratization in what has appeared to be the most receptive—but still challenging—political...
Proposed U.S.-Mexico Transboundary Hydrocarbons Agreement: Background and Issues for Congress
This report discusses the offshore areas of the Gulf of Mexico that provide a setting for domestic and international energy production, U.S. military training and border operations, trade and commerce, fishing, tourist attractions, and recreation.
Environmental Protection Agency (EPA): Appropriations for FY2013 in P.L. 113-6
Enacted March 26, 2013, the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6), appropriated funding for the full fiscal year through September 30, 2013. Seven regular appropriations acts, including Interior, Environment, and Related Agencies, which funds EPA, are covered by the full-year continuing appropriations provided in Division F of P.L. 113-6. The final level of appropriations ultimately available to EPA and other federal departments and agencies in FY2013 includes the application of an across-the-board rescission required by P.L. 113-6 and the executive...
Possible Intervention in Syria: CRS Experts
The table below provides names and contact information for CRS experts on various policy concerns of interest to Congress relating to the prospect of international military responses to the suspected use of chemical weapons in Syria. Policy areas identified include the conflict in Syria, chemical weapons, military operations, intelligence issues, war powers, the humanitarian response, issues in the Middle East region, the United Nations, other international actors, and other foreign policy instruments.
Chevron Deference: Court Treatment of Agency Interpretations of Ambiguous Statutes
An administrative agency may generally only exercise that authority which is provided to it by Congress. Often, however, congressional delegations of authority are imprecise, and, as a result, agencies must construe ambiguous terms and make interpretive decisions in order to implement Congress’s delegation. The Supreme Court, in Chevron U.S.A., Inc. v. Natural Resources Defense Council, outlined a limited role for courts in reviewing these types of agency interpretations. The now famous “Chevron two-step” test has been arguably the most important pillar of administrative law since the...
Interior Immigration Enforcement: Programs Targeting Criminal Aliens
Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens since 1988. These programs have grown substantially since FY2005, and deportations of criminal aliens—along with other unauthorized immigrants—have grown proportionally.
Despite the interest in criminal aliens, inconsistencies in data quality, data collection, and...
SEC Climate Change Disclosure Guidance: An Overview and Congressional Concerns
Publicly traded companies are required to transparently disclose material business risks to investors through regular filings with the Securities and Exchange Commission (SEC). On January 27, 2010, the SEC voted to publish Commission Guidance Regarding Disclosure Related to Climate Change (the Guidance), which clarifies how publicly traded corporations should apply existing SEC disclosure rules to certain mandatory financial filings with the SEC regarding the risk that climate change developments may have on their businesses. The Guidance has been controversial and prompted legislation in...
Federal Excise Taxes: An Introduction and General Analysis
There are four common types of excise taxes: (1) sumptuary (or “sin”) taxes, (2) regulatory or environmental taxes, (3) benefit-based taxes (or user charges), and (4) luxury taxes. Sumptuary taxes were traditionally imposed for moral reasons, but are currently rationalized, in part, to discourage a specific activity that is thought to have negative spillover effects (or “externalities”) on society. Regulatory or environmental taxes are imposed to offset external costs associated with regulating public safety or to discourage consumption of a specific commodity that is thought to have...
House Apportionment 2012: States Gaining, Losing, and on the Margin
On December 21, 2010, the Commerce Department released 2010 Census population figures and the resulting reapportionment of seats in the House of Representatives. The apportionment population of the 50 states in 2010 was 309,183,463, a figure 9.9% greater than in 2000. Just as in the 108th Congress, 12 seats shifted among 18 states in the 113th Congress as a result of the reapportionment. The next census data release was February 2011, when the Census Bureau provided states the small-area data necessary to re-draw congressional and state legislative districts in time for the 2012 elections....
Gas Hydrates: Resource and Hazard
Solid gas hydrates are a potentially huge source of natural gas for the United States. Gas hydrates occur naturally onshore in some permafrost regions, and at or below the seafloor in sediments where water and gas combine at low temperatures and high pressures to form an ice-like solid substance, in which frozen water molecules form a cage-like structure around high concentrations of natural gas, or methane. The Bureau of Ocean Energy Management within the Department of the Interior estimated a mean value of over 51,000 trillion cubic feet (TCF) of in-place gas hydrates combined for the...
Qualifying Industrial Zones (QIZs) in Jordan and Egypt: Background and Issues for Congress
Congress passed the Qualifying Industrial Zone (QIZ) program in 1996, as an amendment to the U.S.-Israel Free Trade Agreement (USIFTA) implementing legislation. This narrowly focused program provides duty-free access to the U.S. market for goods produced with certain levels of Israeli and Jordanian; Israeli and Egyptian; or Palestinian content. The purpose of the program was political (to further the Middle-East peace process) and economic (to support economic growth in the Middle East/North Africa (MENA) region). After the terrorist events of September 11, 2001, the Bush Administration,...
Financial Disclosure by Federal Officials and Publication of Disclosure Reports
High-level officials in all three branches of the federal government are required to publicly disclose detailed information concerning their financial holdings and transactions in income-producing property and assets, such as stocks, bonds, mutual funds, and real property, as well as information on income, gifts, and reimbursements from private non-governmental sources. Covered federal officials must disclose this information not only for themselves, but also must disclose much of the same required financial information with regard to their spouses and dependent children.
Public financial...
With increasing concentrations of carbon dioxide (CO2) in the atmosphere, the extent of effects on the ocean and marine resources is an increasing concern. One aspect of this issue is the ongoing process (known as ocean acidification) whereby seawater becomes less alkaline as more CO2 dissolves in it, causing hydrogen ion concentration in seawater to increase. Scientists are concerned that increasing hydrogen ion concentration could reduce growth or even cause death of shell-forming animals (e.g., corals, mollusks, and certain planktonic organisms) as well as disrupt marine food webs and...
The gap between available U.S. coal supply and demand may continue to widen as low cost natural gas becomes more attractive to electric power plants and uncertainties with emission regulations may inhibit new coal plant investments. Coal producers with excess supply will likely seek to expand their market abroad. Consequently, U.S. coal exports are forecast to continue to rise over the next decade and possibly longer. Growth potential in Asian markets seems large, but there are potential bottlenecks, such as infrastructure and potential rising costs of regulation, competition from other...
Elementary and Secondary Education Act: Estimated Burden Hours and Cost of Information Collections
Congress has been actively engaged in efforts to reauthorize the Elementary and Secondary Education Act (ESEA), most recently amended by the No Child Left Behind Act (NCLB; P.L. 107-110). It is anticipated that the 113th Congress may continue to work on ESEA reauthorization issues. As part of the reauthorization debate, Congress has focused on the federal role in education, particularly in the area of educational accountability, where federal efforts to hold states, local educational agencies (LEAs), and schools accountable for student achievement and teacher performance are being...
Uzbekistan: Recent Developments and U.S. Interests
Uzbekistan gained independence at the end of 1991 with the breakup of the Soviet Union. The landlocked country is a potential Central Asian regional power by virtue of its population, the largest in the region, its substantial energy and other resources, and its location at the heart of regional trade and transport networks. The existing president, Islam Karimov, retained his post following the country’s independence, and was reelected in 2000 and 2007. He has pursued a policy of caution in economic and political reforms, and many observers have criticized Uzbekistan’s human rights...
Reforming the nation’s immigration laws has been the subject of significant legislative activity in the 113th Congress. In June, the Senate passed an omnibus immigration bill (S. 744) that addresses a broad array of issues, including immigration enforcement and border security, verification of aliens’ employment eligibility, the temporary and permanent admission of foreign nationals into the country, and the creation of mechanisms for some unauthorized aliens to acquire legal status. The House, in contrast, has focused legislative activity on a number of stand-alone bills that would reform...
China’s Holdings of U.S. Securities: Implications for the U.S. Economy
Given its relatively low savings rate, the U.S. economy depends heavily on foreign capital inflows from countries with high savings rates (such as China) to meet its domestic investment needs and to fund the federal budget deficit. The willingness of foreigners to invest in the U.S. economy and purchase U.S. public debt has helped keep U.S. real interest rates low. However, many economists contend that U.S. dependency on foreign savings exposes the U.S. economy to certain risks, and some argue that such low-cost capital inflows were a contributing factor to the U.S. housing bubble and...
Kiobel v. Royal Dutch Petroleum Co.: Extraterritorial Jurisdiction Under the Alien Tort Statute
The Alien Tort Statute (ATS) was originally drafted as part of the Judiciary Act of 1789 in order to provide foreign plaintiffs with a forum to remedy violations of customary international law. Now codified at 28 U.S.C. § 1350, the ATS states that “district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” After being raised in only a handful of early cases, the ATS lay dormant for almost 200 years until a 1980 case, Filartiga v. Pena-Irala, signaled a new use for the...
Same-Sex Marriages: Legal Issues
This report discusses the Defense of Marriage Act (DOMA) and legal challenges to it. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to address same-sex marriage. It also examines previous congressional resolutions proposing a constitutional amendment and limiting federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of DOMA.
U.S.-Chinese Motor Vehicle Trade: Overview and Issues
The U.S. auto industry employs nearly 800,000 workers and is a major employer in certain parts of the country. International competition is fierce, with many automakers and thousands of parts makers vying for market share. Because of the industry’s importance to the U.S. economy, the rapid rise of China’s auto assembly and auto parts industries in recent years has raised concerns among some Members of Congress.
In 2009, China overtook the United States to become both the world’s largest producer of and market for motor vehicles. In 2012, assemblers in China sold 19 million vehicles, and...
Financing Natural Catastrophe Exposure: Issues and Options for Improving Risk Transfer Markets
This report opens with an examination of the current role of private insurers in managing disaster risk and their capacity and willingness to deal with the rising cost of financing recovery and reconstruction following natural disasters. The report then examines the current role of federal, state, and local governments in managing disaster risk.
Bangladesh: Political and Strategic Developments and U.S. Interests
Bangladesh (the former East Pakistan) is an Islamic-majority nation in South Asia, bordering the Bay of Bengal, dominated by low-lying riparian zones. It is the world’s eighth-largest country in terms of population, with 164 million people housed in a land mass the size of Iowa. Roughly 80% of Bangladesh’s population lives on less than $2 per day. It suffers from high levels of corruption and, at times, a faltering democratic system that has been subject to pressure from the military, though the nation has an established reputation as a largely moderate and democratic majority Muslim...
Head Start: Designation Renewal System
Head Start is a federal program that has provided comprehensive early childhood development services (e.g., education, health, nutrition, and social services) to low-income children and their families since 1965. These services are intended to promote the school readiness of children by enhancing their cognitive, social, and emotional development. At the federal level, Head Start is administered by the Office of Head Start within the Administration for Children and Families at the U.S. Department of Health and Human Services (HHS). Federal Head Start funds are provided directly to local...
Telecommunications and Media Convergence: Selected Issues for Consideration
The passage of the 1996 Telecommunications Act (P.L. 104-104) resulted in a major revision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) to address the emergence of competition in what were previously considered to be monopolistic markets. Since its passage, however, the advancement of broadband technology to supply data, voice, and video; the growing convergence of the telecommunications and media sectors; and the growth in demand for usable radio-frequency spectrum has led to a consensus that the laws that govern these sectors have become inadequate to address this rapidly...
Health Workforce Programs in Title VII of the Public Health Service Act
Title VII of the Public Health Service Act (PHSA) supports health professions education and training through grants to and contractual agreements with institutions, and direct assistance to individuals. Institutions may receive Title VII support for such activities as residency programs at medical and dental schools, recruitment and retention initiatives in community-based educational settings, and health workforce data collection and analysis within state health departments. Individuals typically receive direct assistance through scholarships, loans, loan repayments, or fellowships. Title...
Fannie Mae’s and Freddie Mac’s Financial Status: Frequently Asked Questions
Fannie Mae and Freddie Mac are chartered by Congress as government-sponsored enterprises (GSEs) to provide liquidity in the mortgage market and to promote homeownership for underserved groups and locations. They purchase mortgages, guarantee them, and package them in mortgage-backed securities (MBSs), which they either keep as investments or sell to institutional investors. In addition to the GSEs’ guarantees, investors widely believe that MBSs are implicitly guaranteed by the federal government. In 2008, the GSEs’ financial condition had weakened and there were concerns over their ability...
Japan Joins the Trans-Pacific Partnership: What Are the Implications?
On July 23, 2013, Japan formally joined negotiations to establish a Trans-Pacific Partnership (TPP) becoming the 12 participant, including the United States. Japan’s membership in the TPP with the United States would constitute a de facto U.S.-Japan FTA. On April 12, 2013, the United States announced its support for Japan’s participation in the TPP. The announcement came after a series of discussions on conditions for U.S. support and outstanding bilateral issues. As a result of the discussions the two sides agreed on measures to address these issues as part of, and in parallel with, the...
Assessing the January 2012 Defense Strategic Guidance (DSG): In Brief
On January 5, 2012, President Obama announced a new defense strategy entitled Sustaining U.S. Global Leadership: Priorities for 21st Century Defense, and commonly referred to as the defense strategic guidance or DSG. The DSG was significant at the time because it was explicitly intended to reshape future Department of Defense (DOD) priorities, activities, and budget requests for the following decade. That reshaping meant, in part, reducing defense spending by about $487 billion over 10 years, to meet the initial budget caps set in the Budget Control Act (BCA) of 2011. And it meant in part...
Military Justice: Courts-Martial, an Overview
Recent high-profile military-related cases involving sexual assaults by U.S. servicemembers have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a servicemember convicted of an offense. Additionally, some military-related cases, including those of Major Nidal Hasan, the alleged shooter at Fort Hood,...
Changing the Federal Reserve’s Mandate: An Economic Analysis
The Federal Reserve’s (Fed’s) current statutory mandate calls for it to “promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates.” Some economists have argued that this mandate should be replaced with a single mandate of price stability. Often the proposal for a single mandate is paired with a more specific proposal that the Fed should adopt an inflation target. Under an inflation target, the goal of monetary policy would be to achieve an explicit, numerical target or range for some measure of price inflation. Inflation targets could be...
Selected Laws Governing the Broadcast of Professional Sporting Events
Professional sports are a multi-billion dollar industry in the United States. One of the biggest ways that professional sports organizations like the National Football League (NFL), National Hockey League (NHL), National Basketball Association (NBA), and Major League Baseball (MLB) generate revenue is through licensing the rights to telecast (or, more colloquially, broadcast) their games to the public. These broadcasts may occur on over-the-air broadcast stations or over cable or satellite systems, and, now, over the Internet.
The licensing rights for the telecast of professional sports...
Immigration Provisions of the Violence Against Women Act (VAWA)
The Immigration and Nationality Act (INA) includes provisions to assist foreign nationals who have been victims of domestic abuse. These provisions, initially enacted by Congress with the Immigration Act of 1990 and the Violence Against Women Act (VAWA) of 1994, afford benefits to abused foreign nationals and allow them to self-petition for lawful permanent resident (LPR) status independently of the U.S. citizen or LPR relatives who originally sponsored them. Congress reauthorized VAWA with the Battered Immigrant Women Protection Act of 2000, which also created the U visa for foreign...
Military servicemembers suffering from post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and depression, as well as military suicides, continue to be a major concern of Congress. Numerous legislative provisions have been enacted over the past years to address these issues. Members will likely seek to offer legislation in the 113th Congress to address this complex set of issues. This report is intended to provide assistance in understanding the issues associated with psychological health in the active duty forces, potential congressional responses, and what questions may...
With increasing concentrations of carbon dioxide (CO2) in the atmosphere, the extent of effects on the ocean and marine resources is an increasing concern. One aspect of this issue is the ongoing process (known as ocean acidification) whereby seawater becomes less alkaline as more CO2 dissolves in it, causing hydrogen ion concentration in seawater to increase. Scientists are concerned that increasing hydrogen ion concentration could reduce growth or even cause death of shell-forming animals (e.g., corals, mollusks, and certain planktonic organisms) as well as disrupt marine food webs and...
European Union Wind and Solar Electricity Policies: Overview and Considerations
European Union (EU) countries have provided support for the development and deployment of renewable energy technologies, dating back to as early as the 1980s. Today, the European Union has established binding renewable energy targets with the goal of having the entire EU derive 20% of total energy consumption (electricity, heating/cooling, and transportation) from renewable sources by 2020. EU member countries have discretion to decide how best to achieve EU-level targets. Each country uses a unique set of policies and financial incentives to stimulate renewable energy production. While EU...
As a basis for understanding the reallocation of Representatives among the states based on the 2010 Census, it may prove helpful to examine the current House of Representatives apportionment formula. In addition, some members of the statistical community have, in the recent past, urged Congress to consider changing the current apportionment formula. Consequently, an examination of other methods that could be used to apportion the seats in the House of Representatives may contribute to a deeper understanding of the apportionment process.
Seats in the House of Representatives are allocated...
“Don’t Ask, Don’t Tell”: A Legal Analysis
In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised “[p]olicy concerning homosexuality in the armed forces.” The legislation reflected a compromise regarding the U.S. military’s policy toward members of the Armed Forces who engage in homosexual conduct. This compromise, colloquially referred to as “Don’t Ask, Don’t Tell (DADT),” held that “[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the...
The federal program to manage hazardous waste was established in 1976 by the Resource Conservation and Recovery Act (RCRA). Under RCRA Subtitle C, Congress directed the Environmental Protection Agency (EPA) to promulgate standards applicable to persons who generate, transport, treat, store, or dispose of such waste. Under the program, federal waste handling requirements govern every phase of waste management, from its generation to its final disposition and beyond (“cradle to grave”).
The stringent Subtitle C standards apply only to waste identified as “hazardous” according to regulatory...
The Supreme Court Rediscovers Property Rights: Six Recent Decisions
In 2010, the Supreme Court ended a five-year period when it accepted no property rights cases, granting certiorari in no less than six such cases between 2010 and 2012. This large number of cases suggests a renewed interest by the Court in property rights, and particularly in the Fifth Amendment Takings Clause at issue in four of the cases. The Takings Clause is the Constitution’s principal protection of property rights, promising just compensation when property rights are “taken” by government for a “public use.”
The first case, decided in 2010, was Stop the Beach Renourishment, Inc. v....
National Security Strategy: Mandates, Execution to Date, and Issues for Congress
Strategy—together with decision-making, planning and execution, budgeting, and congressional oversight—is a critical component of U.S. government thinking and practice in the arena of national security. In theory, effective national security strategy-making can sharpen priorities and refine approaches; provide a single shared vision for all concerned agencies; clarify the roles and responsibilities of all concerned agencies so that they may more effectively plan and resource; offer a coherent baseline for congressional oversight; and communicate U.S. government intent to key audiences at...
Trade Adjustment Assistance (TAA) and Its Role in U.S. Trade Policy
Congress created Trade Adjustment Assistance (TAA) in the Trade Expansion Act of 1962 to help workers and firms adjust to dislocation that may be caused by increased trade liberalization. It is justified now, as it was then, on grounds that the government has an obligation to help the “losers” of policy-driven trade opening. TAA is also presented as an alternative to policies that would restrict imports, and so provides assistance while bolstering freer trade and diminishing prospects for potentially costly tension (retaliation) among trade partners. As in the past, critics strongly debate...
The Family and Medical Leave Act (FMLA): An Overview
This report discusses the Family and Medical Leave Act of 1993 (FMLA), as amended, is intended to help employees balance work and family life. The act provides eligible employees with two types of job-protected leave: regular leave and military family leave. In turn, military family leave consists of qualifying exigency leave and military caregiver leave.
The U.S. House of Representatives Apportionment Formula in Theory and Practice
On December 21, 2010, the number of seats allocated to each state for the House of Representatives was announced. This allocation likely will determine representation to the House for the next five Congresses.
The Constitution requires that states be represented in the House of Representatives in accord with their population. It also requires that each state have at least one Representative, and that there be no more than one Representative for every 30,000 persons. For the 2010 apportionment, this could have meant a House of Representatives as small as 50 or as large as 10,306...
Congress is concerned with the pace of the recovery in the housing and mortgage markets. A series of laws starting with the Economic Stimulus Act of 2008 (ESA; P.L. 110-185) were designed to increase the availability and affordability of mortgages in “high-cost” areas. This concern about housing and mortgage markets is balanced by attention being paid to possible taxpayer financial risks and the desire to minimize government intervention in economic markets.
Two congressionally chartered government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, provide liquidity to the mortgage...
U.S.-China Relations: An Overview of Policy Issues
The United States relationship with China touches on an exceptionally broad range of issues, from security, trade, and broader economic issues, to the environment and human rights. Congress faces important questions about what sort of relationship the United States should have with China and how the United States should respond to China’s “rise.” After more than 30 years of fast-paced economic growth, China’s economy is now the second-largest in the world after that of the United States. With economic success, China has developed significant global strategic clout. It is also engaged in an...
The MF Global Bankruptcy, Missing Customer Funds, and Proposals for Reform
On October 31, 2011, MF Global, a large brokerage firm registered with the Securities and Exchange Commission (SEC) as a broker-dealer and with the Commodity Futures Trading Commission (CFTC) as a futures commission merchant (FCM), filed for bankruptcy, marking the eighth-largest bankruptcy in U.S. history. Based on the subsequent investigation by the bankruptcy trustee, it appears that the firm failed as a result of a “run on the bank” by customers seeking withdrawals, combined with increased margin calls on the firm’s proprietary trading positions related to distressed European debt,...
ESEA Reauthorization Proposals in the 112th Congress: Comparison of Major Features
The Elementary and Secondary Education Act (ESEA) was last amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 112th Congress, both the House and Senate have considered legislation to reauthorize the ESEA. On October 20, 2011, the Senate Health, Education, Labor, and Pensions (HELP) Committee considered and ordered reported the Elementary and Secondary Education Reauthorization Act of 2011 (S. 3578; S.Rept. 112-221) by a bipartisan vote of 15-7. The House Education and Workforce Committee considered and ordered reported two bills that together would provide for...
Regulation of Fertilizers: Ammonium Nitrate and Anhydrous Ammonia
The explosion on April 17, 2013, at the West Fertilizer Company fertilizer distribution facility in West, TX, has led to questions about the oversight and regulation of agricultural fertilizer. Facilities holding chemicals must comply with regulations attempting to ensure occupational safety, environmental protection, and homeland security. In addition to federal regulation requiring reporting and planning for ammonium nitrate and anhydrous ammonia, most state and some local governments have laws and regulations regarding the handling of either or both of these chemicals.
The West...
ESEA Reauthorization Proposals in the 113th Congress: Comparison of Major Features
The Elementary and Secondary Education Act (ESEA) was last amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 113th Congress, both the House and Senate have considered legislation to reauthorize the ESEA. On June 12, 2013, the Senate Health, Education, Labor, and Pensions (HELP) Committee considered and ordered reported the Strengthening America’s Schools Act (S. 1094) by a strictly partisan vote of 12-10. The House Education and Workforce Committee also considered and ordered reported a bill that would reauthorize the ESEA. On June 19, 2013, on a strictly...
The U.S. Congress and the European Parliament: Evolving Transatlantic Legislative Cooperation
The United States and the European Union (EU) share an extensive, dynamic, and mutually beneficial political and economic partnership. A growing element of that relationship is the role that the U.S. Congress and the European Parliament (EP)—a key EU institution—have begun to play, including in areas ranging from foreign and economic policy to regulatory reform. Proponents of establishing closer relations between the U.S. Congress and the EP point to the Parliament’s growing influence as a result of the EU’s 2009 Lisbon Treaty which increased the relative power of the EP within the EU, and...
Privatizing the Tennessee Valley Authority: Options and Issues
In its budget proposal for FY2014, the Obama Administration proposed a “strategic review” of the Tennessee Valley Authority (TVA), a federal government corporation established by the Tennessee Valley Authority Act (TVA Act) (16 U.S.C. 831) in 1933. The preamble to the TVA Act lists flood control, reforestation, and agricultural and industrial development as primary considerations in the original establishment of the TVA. TVA is now required by the TVA Act to be self-supported using funds from the sale of electric power.
The TVA Act authorizes TVA to issue bonds, notes, or other forms of...
An Examination of Student Loan Interest Rate Proposals in the 113th Congress
The interest rates that borrowers pay on federal student loans made through the William D. Ford Federal Direct Loan program are specified in statutory language of the Higher Education Act of 1965, as amended. For the past two years, one type of loan—Direct Subsidized Loans—has been made with a fixed interest rate of 3.4%. Effective July 1, 2013, Direct Subsidized Loans began to be made with a fixed interest rate of 6.8%. Direct Unsubsidized Loans are currently being made with a fixed interest rate of 6.8% and Direct PLUS Loans are currently being made with a fixed interest rate of 7.9%.
In...
Singapore: Background and U.S. Relations
A former trading and military outpost of the British Empire, the tiny Republic of Singapore has transformed itself into a modern Asian nation and a major player in the global economy, though it still substantially restricts political freedoms in the name of maintaining social stability and economic growth. Singapore’s heavy dependence on international trade makes regional stability and the free flow of goods and services essential to its existence. As a result, the island nation is a firm supporter of both U.S. international trade policy and the U.S. security role in Asia, but also...
All federal departments and agencies create federal records “in connection with the transaction of public business.” The Federal Records Act, as amended (44 U.S.C. Chapters 21, 29, 31, and 33), requires executive branch departments and agencies to collect, retain, and preserve federal records, which provide the Administration, Congress, and the public with a history of public-policy execution and its results.
Increasing use of e-mail, social media, and other electronic media has prompted a proliferation of record creation in the federal government. The variety of electronic platforms used...
U.S.-Cambodia Relations: Issues for the 113th Congress
The United States and the Kingdom of Cambodia have been expanding their once-limited ties for a number of years, although U.S. concerns about Cambodia’s human rights record still limit the scope of the bilateral relationship. The Obama Administration has taken steps to broaden engagement with Cambodia, partly in response to China’s growing diplomatic and economic influence in Cambodia and the Lower Mekong Delta region. U.S. interests in Cambodia include promoting development, trade and investment, regional security, civil society, democracy, and human rights. U.S. military engagement with...
The 2010 Deepwater Horizon Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act
The 2010 Deepwater Horizon oil spill leaked an estimated 4.1 million barrels of oil into the Gulf of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there. The Oil Pollution Act (OPA) allows state, federal, tribal, and federal governments to recover damages to natural resources in the public trust from the parties responsible for the oil spill. Under the public trust doctrine, natural resources are managed by the states for the benefit of all citizens, except where a statute vests such management in the federal government.
In particular, OPA authorizes...
U.S. Household Savings for Retirement in 2010
Whether households have sufficient savings from which to ensure adequate income throughout retirement is a concern of households and, therefore, policymakers. The retirement income landscape has been changing over the past few decades. Although most households are eligible to receive Social Security benefits in retirement, over the past 30 years, the types of non-Social Security sources of retirement income have been changing. About half of the U.S. workforce is covered by an employer-sponsored pension plan. An increasing number of employers offer defined contributions (DC) pension plans...
Agricultural Guest Workers: Legislative Activity in the 113th Congress
Foreign temporary workers, also known as guest workers, have long performed legal agricultural labor in the United States through different temporary worker programs. Today, agricultural guest workers may perform farm work of a temporary or seasonal nature through the H-2A visa program.
Bringing in H-2A workers is a multi-agency process involving the U.S. Department of Labor (DOL), the U.S. Department of Homeland Security (DHS), and the U.S. Department of State (DOS). As a first step, interested employers must apply to DOL for a certification that (1) there are not sufficient U.S. workers...
International Illegal Trade in Wildlife: Threats and U.S. Policy
Global trade in illegal wildlife is a potentially vast illicit economy, estimated to be worth billions of dollars each year. Some of the most lucrative illicit wildlife commodities include elephant ivory, rhino horn, sturgeon caviar, and so-called “bushmeat.” Wildlife smuggling may pose a transnational security threat as well as an environmental one. Numerous sources indicate that some organized criminal syndicates, insurgent groups, and foreign military units may be involved in various aspects of international wildlife trafficking. Limited anecdotal evidence also indicates that some...
Medicare Durable Medical Equipment: The Competitive Bidding Program
The Medicare Supplementary Medical Insurance Program (Part B) currently covers a wide variety of durable medical equipment, prosthetics, orthotics, and other medical supplies (DMEPOS) if they are medically necessary and are prescribed by a physician.
Durable medical equipment (DME) is equipment that (1) can withstand repeated use, (2) has an expected life of at least three years (effective for items classified as DME after January 1, 2012), (3) is used to serve a medical purpose, (4) generally is not useful in the absence of an illness or injury, and (5) is appropriate for use in the...
Delay in Implementation of Potential Employer Penalties Under ACA
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148), as amended, attempts to increase access to health insurance coverage, expands federal private health insurance market requirements, and requires the creation of health insurance exchanges to provide certain individuals and small employers with access to insurance. To ensure that employers continue to provide some degree of coverage, ACA includes a “shared responsibility” provision. This provision does not explicitly mandate that an employer offer employees health insurance; instead, ACA imposes penalties on “large”...
China's Currency Policy: An Analysis of the Economic Issues
China’s policy of intervening in currency markets to limit or halt the appreciation of its currency, the renminbi (RMB), against the U.S. dollar and other currencies has been an issue of concern for many in Congress over the past decade who view it as one of several distortive economic and trade policies that are used to convey an unfair competitive advantage to Chinese producers and exporters. They charge that China’s currency policy is intended to make its exports significantly less expensive, and its imports more expensive, than would occur if the RMB were a freely-traded currency. They...
Kazakhstan: Recent Developments and U.S. Interests
Kazakhstan is an important power in Central Asia by virtue of its geographic location, large territory, ample natural resources, and economic growth, but it faces ethnic, political, and other challenges to stability. Kazakhstan gained independence at the end of 1991 after the break-up of the former Soviet Union. Kazakhstan’s president at the time, Nursultan Nazarbayev, was one of the top leaders of the former Soviet Union and was instrumental in forming the successor Commonwealth of Independent States. He has been reelected president of Kazakhstan several times and in June 2010 was...
The International Whaling Convention (IWC) and Legal Issues Related to Aboriginal Rights
This report discusses the recent legislation regarding whaling in general, and aboriginal whaling in particular. Legislative measures, primarily in the form of concurrent resolutions, have been proposed in four categories: protesting commercial, scientific, or community (nonaboriginal) whaling; ensuring aboriginal whaling rights; providing a tax break for aboriginal whaling captains; and addressing the United States' policy at the annual meetings of the IWC.
Potential Employer Penalties Under the Patient Protection and Affordable Care Act (ACA)
This report describes the potential employer penalties and proposed regulations to implement the Affordable Care Act (ACA) employer provisions.
Human Rights, Civil Unrest, and Political Reform in Burma in 2013
Report that examines the current situation in Burma from the implicit perspective shaped by U.S. policy decisions.
On December 8, 2011, the U.S. Environmental Protection Agency (EPA) issued a draft report on its investigation of groundwater contamination near the town of Pavillion, Wyoming. EPA had initiated the investigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in response to citizen complaints in 2008 about domestic well water quality. On June 20, 2013, EPA announced that it would not finalize the report but would defer to the state of Wyoming to assume the lead in investigating drinking water quality in Pavillion. The EPA draft report indicated...
Earthquakes: Risk, Detection, Warning, and Research
Portions of all 50 states and the District of Columbia are vulnerable to earthquake hazards, although risks vary greatly across the country and within individual states. Seismic hazards are greatest in the western United States, particularly in California, Washington, Oregon, and Alaska and Hawaii. California has more citizens and infrastructure at risk than any other state because of the state’s frequent seismic activity combined with its large population and developed infrastructure.
The United States faces the possibility of large economic losses from earthquake-damaged buildings and...
ATPA Renewal: Background and Issues
The Andean Trade Preference Act (ATPA) extends duty-free treatment to certain U.S. imports that meet domestic content and other requirements from Ecuador. There were four countries originally designated to qualify for trade preferences under ATPA, including Bolivia, Colombia, Ecuador, and Peru. Colombia and Peru are no longer designated beneficiary countries because both countries have free trade agreements with the United States that have entered into force. In the case of Bolivia, trade preferences were suspended in December 2008 because Bolivia failed to meet ATPA eligibility criteria...
Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments
United States Senators serve a term of six years. Vacancies occur when an incumbent Senator leaves office prematurely for any reason; they may be caused by death or resignation of the incumbent, by expulsion or declination (refusal to serve), or by refusal of the Senate to seat a Senator-elect or -designate.
This report provides information on current vacancies in the Senate, the constitutional origins of the Senate vacancy clause, the appointment process by which most vacancies are filled, and related contemporary issues. It will be revised and updated to reflect current developments in...
Carbon Capture and Sequestration (CCS): A Primer
Carbon capture and sequestration (or storage)—known as CCS—has attracted congressional interest as a measure for mitigating global climate change because large amounts of carbon dioxide (CO2) emitted from fossil fuel use in the United States are potentially available to be captured and stored underground and prevented from reaching the atmosphere. Large, industrial sources of CO2, such as electricity-generating plants, are likely initial candidates for CCS because they are predominantly stationary, single-point sources. Electricity generation contributes over 40% of U.S. CO2 emissions from...
Seminole Rock Deference: Court Treatment of Agency Interpretation of Ambiguous Regulations
Agencies promulgate rules to implement statutorily authorized regulatory programs. These rules, although established by an administrative agency, maintain the force and effect of law. To be able to promulgate rules, an agency must be granted by Congress the power to do so, either explicitly or implicitly, through statute. To control the process by which agencies create these rules, Congress has enacted statutes, such as the Administrative Procedure Act (APA), that dictate what procedures an agency must follow to establish a final, legally binding rule.
Often, the organic statute that...
Medicare Immunosuppressive Drug Coverage for Kidney Transplant Recipients
End-stage renal disease (ESRD) is substantial and permanent loss in kidney function. Persons with ESRD require either a regular course of dialysis treatment (a process that removes harmful waste products from an individual’s blood stream) or a kidney transplant to survive. The Medicare program provides coverage for health care services for the vast majority of individuals diagnosed with ESRD, regardless of age.
In 2010, roughly 489,000 Medicare beneficiaries received ESRD-related services—less than 1% of the total Medicare population. According to the United States Renal Data System...
Hague Convention Treaty on Recovery of International Child Support and H.R. 1896
It is often difficult, if not impossible, to enforce child support obligations in cases where the custodial parent and child live in one country and the noncustodial parent lives in another. The United States has not ratified a multilateral child support enforcement treaty dealing with this issue. P.L. 104-193 (enacted in 1996) established procedures for international enforcement of child support. Currently, the federal Office of Child Support Enforcement (OCSE, within the Department of Health and Human Services (HHS)) has reciprocal agreements regarding child support enforcement with 15...
Air Force F-22 Fighter Program
Procurement of Air Force F-22 Raptor fighters began in FY1999, and a total of 195 (177 production aircraft, 16 test aircraft, and 2 development aircraft) were procured through FY2009. In the FY2010 budget, the Administration proposed to end F-22 procurement at 187, and Congress approved that termination. The F-22 assembly line in Marietta, GA, has been shut down, with its tools and equipment placed in storage.
Since 2010, operational issues have arisen. Following a November 2010 fatal crash of an F-22 in Alaska, the Air Force recorded at least 25 “physiological incidents” of F-22 pilots...
Comprehensive Immigration Reform in the 113th Congress: Short Summary of Senate-Passed S. 744
For several years, some Members of Congress have favored “comprehensive immigration reform” (CIR), a label that commonly refers to omnibus legislation that includes increased border security and immigration enforcement, expanded employment eligibility verification, revision of nonimmigrant visas and legal permanent immigration, and legalization for some unauthorized aliens residing in the country. The omnibus legislative approach contrasts with incremental revisions of the Immigration and Nationality Act (INA) and other immigration laws that would address some but not all of these...
Foreign Surveillance and the Future of Standing to Sue Post-Clapper
Recent news accounts (and government responses to those news accounts) have indicated that the government is reportedly engaged in a surveillance program that gathers vast amounts of data, including records regarding the phone calls, emails, and Internet usage of millions of individuals. The disclosures to the media reportedly suggest that specific telecommunication companies have been required to disclose certain data to the government as part of the intelligence community’s surveillance efforts.
The recent controversy over the reports of government targeting efforts comes months after...
Comprehensive Immigration Reform in the 113th Congress: Major Provisions in Senate-Passed S. 744
For several years, some Members of Congress have favored “comprehensive immigration reform” (CIR), a label that commonly refers to omnibus legislation that includes increased border security and immigration enforcement, expanded employment eligibility verification, revision of nonimmigrant visas and legal permanent immigration, and legalization for some unauthorized aliens residing in the country. The omnibus legislative approach contrasts with incremental revisions of the Immigration and Nationality Act (INA) that would address some but not all of these elements, and with sequential...
Ecuador: Political and Economic Conditions and U.S. Relations
T
he United States has traditionally had close relations with Ecuador, yet tensions in the U.S.-Ecuador relationship have surfaced in recent years as the left leaning government of President Rafael Correa (2007-present) has objected to U.S. influence in the region which it has labeled “imperialist.” Nevertheless, the United States is Ecuador’s largest trade partner and has extended trade preferences to Ecuador under the Andean Trade Preferences Act (ATPA) since the legislation’s enactment in 1991. The ATPA provides unilateral preferential access to the U.S. market for certain products in...
Article 1, Section 8 of the United States Constitution provides Congress with the explicit power to collect taxes. Implicit in that power to collect revenue is also the power to spend that revenue. This clause is known as the Taxing and Spending Clause of the Constitution, and the Supreme Court has found that it grants Congress wide latitude to promote social policy that the federal government supports.
One way that Congress may exercise its spending power to encourage the implementation of policies that the federal government supports is through appropriations. One common example of...
Pakistan: U.S. Foreign Assistance
In the post-2001 era, the United States has viewed Pakistan as a key ally, especially in the context of counterterrorism and Afghan and regional stability. Pakistan has been among the leading recipients of U.S. foreign assistance both historically and in recent years, although assistance levels have fluctuated considerably over the decades of Pakistani independence. In the wake of 9/11, however, aid to Pakistan increased steadily. Since 1948, the United States has pledged more than $30 billion in direct aid, about half for military assistance, and more than two-thirds appropriated in the...
Wildfire Management: Hotshot Crews
Wildfires can be unpredictable, with the severity and direction of the wildfire changing in a matter of moments. To ensure the safety and protection of life and property, response to a wildfire requires an array of resources including air and ground support. This report briefly discusses the role of hotshot crews for wildfire management.
Hotshot crews are intensively trained fire crews that are generally placed in the most rugged terrain on the most active and difficult areas on wildfires. The primary mission of an Interagency Hotshot Crew (IHC) is to provide a safe, professional, mobile...
Financial Services and General Government: FY2013 Appropriations
The Financial Services and General Government appropriations bill provides funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. Among those independent agencies are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), the Securities and Exchange Commission (SEC), and the United States Postal Service (USPS). The Commodity Futures Trading Commission (CFTC) is funded in the House through the...
Horse Slaughter Prevention Bills and Issues
In 2006, two Texas plants and one in Illinois slaughtered nearly 105,000 horses for human food, mainly for European and Asian consumers. In 2007, court action effectively closed the Texas plants, and a ban in Illinois closed the plant in that state. However, U.S. horses continue to be shipped to Mexico and Canada for slaughter. Several states have explored opening horse slaughtering facilities, and Oklahoma enacted to lift the state’s 50-year-old ban on processing horsemeat. Animal welfare activists and advocates for horses have continued to press Congress for a federal ban. The Prevention...
Child Welfare: FY2013 Budget Request of the President and FY2013 Funding
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. The largest amount of federal child welfare funding is provided to states for assistance to children who have been removed from their homes (due primarily to abuse or neglect). In the past decade, the share of this support provided for children who remain in foster care has been on the decline, while the share provided for those who leave foster care for permanent homes (primarily via adoption) has...
Vocational Rehabilitation Grants to States: Program Overview
This report provides an overview of the federal vocational rehabilitation (VR) grant program and the associated state programs.
Comparing Medicaid and Exchanges: Benefits and Costs for Individuals and Families
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) expands health insurance coverage primarily through two mechanisms: by expanding the existing Medicaid program and by establishing new health insurance exchanges where certain individuals and businesses can purchase private health insurance. Under ACA, Medicaid and exchanges are envisioned to work in tandem, with the potential to provide a continuous source of subsidized coverage for lower-income individuals and families, beginning in 2014.
On June 28, 2012, the U.S. Supreme Court issued a decision in National...
Rural Broadband: The Roles of the Rural Utilities Service and the Universal Service Fund
Since the initial deployment of broadband in the late 1990s, Congress has viewed broadband infrastructure deployment as a means towards improving regional economic development, and in the long term, to create jobs. According to the National Broadband Plan, the lack of adequate broadband infrastructure is most pressing in rural America, where the costs of serving large geographical areas, coupled with low population densities, often reduce economic incentives for telecommunications providers to invest in and maintain broadband infrastructure and service.
Historically, the federal...
Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions
For the first time since 1998, voters in Puerto Rico went to the polls in November 2012 to reconsider the island’s relationship with the federal government (a concept known as “political status”). Voters were asked to answer two questions: (1) whether they wished to maintain Puerto Rico’s current political status; and (2) regardless of the choice in the first question, whether they preferred statehood, independence, or to be a “sovereign free associated state.” According to results certified by the Puerto Rico State Elections Commission, approximately 54.0% of those who cast ballots...
U.S. and South Korean Cooperation in the World Nuclear Energy Market: Major Policy Considerations
A South Korean consortium signed a contract in December 2009 to provide four commercial nuclear reactors to the United Arab Emirates (UAE), signaling a new role for South Korea in the world nuclear energy market. The $20 billion deal indicates that South Korea has completed the transition from passive purchaser of turn-key nuclear plants in the 1970s to major nuclear technology supplier, capable of competing with the largest and most experienced nuclear technology companies in the world.
In the 1970s, South Korea launched its nuclear power program through the government-owned Korea...
The Commodity Futures Trading Commission: Background and Current Issues
The 113th Congress is interested in an array of issues faced by the Commodity Futures Trading Commission (CFTC). The congressional committees with oversight of the agency, the House and Senate Agriculture Committees, have begun to hold hearings related to various policy issues faced by the agency, as part of the CFTC reauthorization process. This process occurs roughly every five years and is currently underway, as the last authorization of appropriations for the agency expires September 30, 2013.
The CFTC witnessed a major expansion of its role in overseeing derivatives markets following...
Outsourcing and Insourcing Jobs in the U.S. Economy: Evidence Based on Foreign Investment Data
The impact of foreign direct investment on U.S. employment continues to attract national attention. While local communities compete with one another for investment projects, many of the residents of those communities fear losing their jobs as U.S. companies seek out foreign locations and foreign workers to perform work that traditionally has been done in the United States, generally referred to as outsourcing. Some observers suggest that current U.S. experiences with outsourcing are different from those that have preceded them and that this merits legislative actions by Congress to blunt...
Department of Homeland Security: FY2013 Appropriations
This report describes the FY2013 appropriations for the Department of Homeland Security (DHS). The Administration requested $39.510 billion in adjusted net discretionary budget authority for DHS for FY2013, as part of an overall budget of $59.501 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the budget caps). The request amounted to a $90 million, or 0.2%, decrease from the $39.600 billion enacted for FY2012 through the consolidated appropriations act (P.L. 112-74).
Congress did not enact final FY2013 appropriations legislation...
Georgia [Republic]: Recent Developments and U.S. Interests
The small Black Sea-bordering country of Georgia gained its independence at the end of 1991 with the dissolution of the former Soviet Union. The United States had an early interest in its fate, since the well-known former Soviet foreign minister, Eduard Shevardnadze, soon became its leader. Democratic and economic reforms faltered during his rule, however. New prospects for the country emerged after Shevardnadze was ousted in 2003 and the U.S.-educated Mikheil Saakashvili was elected president. Then-U.S. President George W. Bush visited Georgia in 2005, and praised the democratic and...
Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress
This report provides information on the procedure for the appointment of an “independent counsel,” a “special prosecutor,” or a “special counsel” to investigate and prosecute potential or possible violations of federal criminal law by officials in the executive branch of the federal government and in federal agencies. Specifically examined is the role or authority of Congress in requiring an independent or special counsel investigation of executive branch officials.
Under the Constitution and its separation of powers principles and structure, Congress has no direct role in federal law...
Transforming Government Acquisition Systems: Overview and Selected Issues
Increasingly, the federal government uses technology to facilitate and support the federal acquisition process. Primary beneficiaries of this shift to online systems (websites and databases) are the government’s acquisition workforce and prospective and incumbent government contractors. The suite of web-based systems supports contracting officers’ efforts to ensure the government contracts only with responsible parties, is essential to the dissemination of information regarding contracting opportunities, and facilitates interagency contracting. From the contractor perspective, the...
Senegal: Background and U.S. Relations
Successive U.S. Administrations have viewed Senegal as a democratic leader in Africa, an anchor of regional stability, and a partner in addressing development challenges and combating transnational security threats. Senegalese President Macky Sall met with President Barack Obama at the White House in March 2013, and President Obama is expected to visit Senegal in late June. A small, arid nation on West Africa’s Atlantic coast, Senegal has struggled with widespread poverty and a long-running, low-level separatist insurgency in its southern Casamance region. Still, the country’s democratic...
Human Rights in China and U.S. Policy: Issues for the 113th Congress
This report examines human rights issues in the People’s Republic of China (PRC), including ongoing rights abuses, legal reforms, and the development of civil society. Major events of the past year include the PRC leadership transition, the Wukan protests over land expropriation, the negotiations that allowed legal advocate Chen Guangcheng to leave China, and the Tibetan self-immolations. Ongoing human rights problems include excessive use of force by public security forces, unlawful detention, torture of detainees, arbitrary use of state security laws against political dissidents and...
Agricultural Export Programs: Background and Issues
Report that discusses the agricultural export programs that aim to develop overseas markets for U.S. agricultural products.
The Federal Rulemaking Process: An Overview
Federal regulation, like taxing and spending, is one of the basic tools of government used to implement public policy. Although not as frequently examined as congressional or presidential policy making, the process of developing and framing rules is viewed by some as central to the definition and implementation of public policy in the United States.
Regulations generally start with an act of Congress, and are the means by which statutes are implemented and specific requirements are established. The terms “rule” or “regulation” are often used interchangeably in discussions of the federal...
Foreign Investment in the United States: Major Federal Statutory Restrictions
Foreign investment in the United States is a matter of congressional concern. It is believed by some that the United States has an unusually liberal policy which allows foreigners to invest in virtually all American businesses and real estate and that these foreign investments undermine the American economy by making it vulnerable to foreign influence and domination. These critics argue that there is even foreign domination of some key defense-related industries and that the ability of the country to protect itself in a time of national emergency could greatly suffer. These critics further...
Budget “Sequestration” and Selected Program Exemptions and Special Rules
“Sequestration” is a process of automatic, largely across-the-board spending reductions under which budgetary resources are permanently canceled to enforce certain budget policy goals. It was first authorized by the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA, Title II of P.L. 99-177, commonly known as the Gramm-Rudman-Hollings Act).
Sequestration is of current interest because it has been triggered as an enforcement tool under the Budget Control Act of 2011 (BCA, P.L. 112-25). Sequestration can also occur under the Statutory Pay-As-You-Go Act of 2010 (Statutory...
Veterans’ Medical Care: FY2013 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA).
This report focuses on funding for the VHA. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans...
The United States and Europe: Responding to Change in the Middle East and North Africa
U.S. and European Responses to Changes in the Middle East and North Africa
Over the last two years, many U.S. policymakers, Members of Congress, and their European counterparts have struggled with how best to respond to the wide range of challenges posed by the popular uprisings and political upheaval in many countries in the Middle East and North Africa (MENA). Almost immediately after the onset of the so-called “Arab Spring” in early 2011, U.S. and European leaders alike declared their intention to put greater emphasis than in the past on democratic reform and economic development in...
The U.S. Bureau of Labor Statistics (BLS) publishes two important measures of inflation: the Consumer Price Index for all Urban Consumers (CPI-U) and the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). (Hereinafter in this report, the CPI-W and CPI-U will be referred to collectively as the standard CPI.) The standard CPI might seem like just another economic indicator, but it is a powerful policy lever. Because the CPI-W is used to calculate annual cost-of-living adjustments (COLAs) to Social Security retirement benefits and the CPI-U is used to calculate annual...
The “Deeming Resolution”: A Budget Enforcement Tool
“Deeming resolution” is a term that refers to legislation deemed to serve as an annual budget resolution for purposes of establishing enforceable budget levels for a budget cycle. A deeming resolution is used when the House and Senate have not agreed on a budget resolution.
The Congressional Budget Act of 1974 provides for the annual adoption of a budget resolution establishing aggregate levels of revenues, spending, the debt limit, and the surplus or deficit, as well as allocations of spending. Enforcement of the budget resolution relies primarily upon points of order and reconciliation...
Asian Pacific Americans in the United States Congress
This report presents information on Senators, Representatives, and Delegates, including previous occupations and leadership positions (such as committee and subcommittee chairmanships), and the bipartisan and bicameral Congressional Asian Pacific American Caucus. It also provides a list of Members' and Delegates' party affiliations, length and dates of service, and committee assignments. Also included in the report is a map showing the total number of Asian Pacific Americans and the states or territories they represent in the 113th Congress.
Terrorism and Transnational Crime: Foreign Policy Issues for Congress
This report provides an overview of transnational security issues related to patterns of interaction among international terrorist and crime groups. In addition, the report discusses the U.S. government’s perception of and response to the threat. It concludes with an analysis of foreign policy options.
In recent years, the U.S. government has asserted that terrorism, insurgency, and crime interact in varied and significant ways, to the detriment of U.S. national security interests. Although unclassified anecdotal evidence largely serves as the basis for the current understanding of...
Peru: Overview of Political and Economic Conditions and Relations with the United States
This report provides an overview of Peru’s government and economy and a discussion of issues in relations between the United States and Peru.
Peru and the United States have a strong and cooperative relationship. Several issues in U.S.-Peru relations are likely to be considered in decisions by Congress and the Administration on future aid to and cooperation with Peru. The United States supports the strengthening of Peru’s democratic institutions, its respect for human rights, environmental protection, and counternarcotics efforts. A dominant theme in bilateral relations is the effort to...
Inland Waterways: Financing and Management Options in Federal Studies
barge, inland waterways, locks, army corps of engineers, rivers, freight, cargo, shippers, navigation, waterways, intracoastal, intercoastal, tow, towboat, tug, tugboat, maritime, marine, waterborne, shipping, channels, ports, vessels, infrastructure, transportation, dams
The Elementary and Secondary Education Act, as Amended by the No Child Left Behind Act: A Primer
The primary source of federal aid to K-12 education is the Elementary and Secondary Education Act (ESEA), particularly its Title I, Part A program of Education for the Disadvantaged. The ESEA was initially enacted in 1965 (P.L. 89-10), and was most recently amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110). The NCLB authorized virtually all ESEA programs through FY2008. It is widely expected that the 113th Congress will consider whether to amend and extend the ESEA.
The NCLB initiated a major expansion of federal influence upon several aspects of public...
Enacted appropriations and other budgetary legislation may vary in the level of detail they provide regarding how agencies should spend the funds that have been provided. Even when the purpose of appropriations is specified in great detail, agencies may be provided with some flexibility to make budgetary adjustments throughout the fiscal year. These adjustments may be necessary due to changing or unforeseen circumstances. In some instances, agencies are provided with transfer authority (i.e., authority to shift funds from one appropriations or fund account to another). In addition,...
Trade Reorganization: Overview and Issues for Congress
On January 13, 2012, President Obama asked Congress for authority to reorganize and consolidate, into one department, the business- and trade-related functions of six federal entities: Department of Commerce; Export-Import Bank (Ex-Im Bank); Overseas Private Investment Corporation (OPIC); Small Business Administration (SBA); Trade and Development Agency (TDA); and Office of the United States Trade Representative (USTR). Bills based on the proposal were introduced in the 112th Congress. The President reiterated the proposal in his FY2014 budget request, and he may resubmit his request for...
Health Insurance Exchanges Under the Patient Protection and Affordable Care Act (ACA)
The fundamental purpose of a health insurance exchange is to provide a structured marketplace for the sale and purchase of health insurance. The authority and responsibilities of an exchange may vary, depending on statutory or other requirements for its establishment and structure. The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) requires health insurance exchanges to be established in every state by January 1, 2014. ACA provides certain requirements for the establishment of exchanges, while leaving other choices to be made by the states.
Qualified...
Temporary Assistance for Needy Families (TANF): Welfare Waivers
The Department of Health and Human Services (HHS) announced a new initiative in July 2012, under which it would be willing to waive certain federal work participation standards under the Temporary Assistance for Needy Families (TANF) block grant to permit states to experiment with “alternative and innovative strategies, policies, and procedures that are designed to improve employment outcomes for needy families.” Some in Congress have opposed the Administration’s waiver initiative. The House has twice (once in the 113th Congress; once in the 112th Congress) passed measures to bar HHS from...
International Climate Change Financing: The Climate Investment Funds (CIFs)
The United States contributes funding to various international financial institutions to assist developing countries to address global climate change and other environmental concerns. Congress is responsible for several activities in this regard, including (1) authorizing periodic appropriations for U.S. financial contributions to the institutions, and (2) overseeing U.S. involvement in the programs. Issues of congressional interest include the overall development assistance strategy of the United States, U.S. leadership in global environmental and economic affairs, and U.S. commercial...
The Federal Railroad Administration’s Train Horn Rule
Numerous communities across the United States imposed bans on the sounding of train whistles at highway-rail grade crossings beginning in the late 1970s to address complaints and concerns of nearby residents about noise from train whistles. In 1990, a Federal Railroad Administration (FRA) study of train whistle bans in Florida showed a positive correlation between nighttime whistle bans and the number of accidents at highway-rail crossings. In 1994, partially in response to the FRA study, Congress enacted the Swift Rail Development Act (P.L. 103-440), which directed FRA to issue a...
Compounding has been traditionally defined as a process where a pharmacist or a physician combines, mixes, or alters ingredients to create a medication tailored to the needs of an individual patient. Traditionally compounded drugs (CDs) are made in response to an individual prescription from a licensed health provider in the context of a pharmacist’s and health care professional’s relationship with a specific patient.
Some have suggested that certain activities not traditionally associated with compounding be considered compounding. Such activities include the large-scale production of...
International Environmental Financing: The Global Environment Facility (GEF)
The United States contributes funding to various international financial institutions to assist developing countries to address global climate change and other environmental concerns. Congress is responsible for several activities in this regard, including (1) authorizing periodic appropriations for U.S. financial contributions to the institutions, and (2) overseeing U.S. involvement in the programs. Issues of congressional interest include the overall development assistance strategy of the United States, U.S. leadership in global environmental and economic affairs, and U.S. commercial...
Journalists’ Privilege: Overview of the Law and Legislation in the 113th Congress
In May of 2013, news broke that the Department of Justice (DOJ) had subpoenaed telephone toll records for numerous telephone lines, including some personal telephone lines, of reporters at the Associated Press (AP). The DOJ had issued these subpoenas and obtained the toll record information prior to notifying the AP The AP and many other news organizations have responded critically, noting that the DOJ’s failure to negotiate with the AP regarding the release of the records deprived AP of the ability to attempt to quash the subpoena in federal court. The media argues this action enabled the...
Budget Control Act: Potential Impact of Sequestration on Health Reform Spending
The Budget Control Act of 2011 (BCA) established new budget enforcement mechanisms for reducing the federal deficit over the 10-year period FY2012-FY2021. The BCA placed statutory limits, or caps, on discretionary spending for each of those 10 fiscal years, which will save an estimated $0.9 trillion during that period. In addition, it created a Joint Select Committee on Deficit Reduction (Joint Committee) with instructions to develop legislation to reduce the federal deficit by at least another $1.5 trillion through FY2021. In the event that Congress and the President were unable to enact...
Military Parents and Child Custody: State and Federal Issues
The increased deployment of servicemembers beginning in 2001 as a result of Operations Enduring and Iraqi Freedom has raised difficult military child custody issues that in some cases potentially affect the welfare of military children as well as servicemembers’ ability to effectively serve their country. Approximately 142,000 members of the Armed Forces (active, Guard, and Reserve) are single custodians of minor children. Temporary duty assignments, mobilization, and deployments to areas that do not allow the military member’s dependent(s) to accompany them require the servicemember to...
Federal Regulation of Chemicals in Commerce: An Overview of Issues for the 113th Congress
The useful properties of chemicals provide many benefits to consumers and bolster the U.S. economy, but these benefits may come with a price, as exposure to certain chemicals can lead to adverse effects on human health or the environment. This report briefly describes selected issues related to regulation of chemicals in commerce by the U.S. Environmental Protection Agency (EPA) that are of potential interest to the 113th Congress.
Concerns about the complexity, cost, and delays in regulating chemicals under the Toxic Substances Control Act (TSCA) have prompted proposals (such as S. 1009...
Closing the Guantanamo Detention Center: Legal Issues
Following the terrorist attacks of 9/11, Congress passed the Authorization for the Use of Military Force (AUMF), which granted the President the authority “to use all necessary and appropriate force against those ... [who] planned, authorized, committed, or aided the terrorist attacks” against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution. Although nearly 800 persons have been held at Guantanamo since early 2002, the...
Federal Oversight and State Cooperation in the Chesapeake Bay
As an increasing number of communities in the United States face significant flooding, droughts, and degradation of water quality, interest in the management of interstate water basins has heightened. Interstate water management requires a number of interests to be balanced, including different priorities among states affected by the particular water basin, federal interests in federal water projects, and private interest groups who may be affected by regulation of the basin. Because of these competing interests, interstate water management often becomes controversial and may lead to...
The Pigford Cases: USDA Settlement of Discrimination Suits by Black Farmers
On April 14, 1999, Judge Paul L. Friedman of the U.S. District Court for the District of Columbia approved a settlement agreement and consent decree in Pigford v. Glickman, a class action discrimination suit between the U.S. Department of Agriculture (USDA) and black farmers. The suit claimed that the agency had discriminated against black farmers on the basis of race and failed to investigate or properly respond to complaints from 1983 to 1997. The deadline for submitting a claim as a class member was September 12, 2000. Cumulative data show that as of December 31, 2011, 15,645 (69%) of...
The U.S. Postal Service: Common Questions About Post Office Closures
In 2009 and 2011, the U.S. Postal Service (USPS) announced initiatives to close post offices. Approximately 4,380 retail facilities in rural, suburban, and urban areas could have been closed. In May 2012, the agency apparently changed course. The USPS issued a plan to “preserve” rural post offices; rather than closing these facilities, the USPS would reduce their operating hours. The agency did not, however, state whether it would continue to shutter post offices in non-rural areas, nor did it provide an estimate of how many post offices it needs to serve the public. Thus, how many post...
On January 4, 2011, the GPRA Modernization Act of 2010 (GPRAMA) became law. The acronym “GPRA” in the act’s short title refers to the Government Performance and Results Act of 1993 (GPRA 1993), a law that GPRAMA substantially modified. Some of GPRAMA’s provisions require agencies to produce plans and reports for a variety of audiences that focus on goal-setting and performance measurement. Other provisions, by contrast, establish an annual process to reexamine the usefulness of certain reporting requirements.
Specifically, Section 11 of GPRAMA enacts into law a multi-step process in which...
Spectrum Policy in the Age of Broadband: Issues for Congress
The convergence of wireless telecommunications technology with the Internet Protocol (IP) is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband (high-speed/high-capacity) infrastructure such as the Internet and IP-enabled networks. Policies to provide additional spectrum for mobile...
Wildfire Damages to Homes and Resources: Understanding Causes and Reducing Losses
Wildfires are getting more severe, with more acres and houses burned and more people at risk. This results from excess biomass in the forests, due to past logging and grazing and a century of fire suppression, combined with an expanding wildland-urban interface—more people and houses in and near the forests—and climate change, exacerbating drought and insect and disease problems. Some assert that current efforts to protect houses and to reduce biomass (through fuel treatments, such as thinning) are inadequate, and that public objections to some of these activities on federal lands raise...
Amending the JOBS Act: Issues in the 113th Congress
On April 5, 2012, the Jumpstart Our Business Startups Act (JOBS Act; P.L. 112-106) was enacted with bipartisan support in the 112th Congress. The statute, examined in depth in the CRS Report R42427, U.S. Initial Public Stock Offerings and the JOBS Act, by Rena S. Miller and Gary Shorter, aims to boost corporate capital formation through amending parts of federal securities laws some viewed as an impediment to that process. The 113th Congress is currently considering legislation to amend the act in two ways: (1) expand coverage of the JOBS Act to more companies; and (2) accelerate...
Deregulating Genetically Engineered Alfalfa and Sugar Beets: Legal and Administrative Responses
Monsanto Corporation, the developer of herbicide-tolerant varieties of genetically engineered (GE) alfalfa and sugar beet (called Roundup Ready alfalfa and Roundup Ready sugar beet), petitioned USDA’s Animal and Plant Health Inspection Service (APHIS) for deregulation of the items. Deregulation of GE plants is the final step in the commercialization process. Monsanto filed a petition for deregulation of its GE alfalfa in 2004, and for GE sugar beets in 2005.
As part of the deregulation process, APHIS conducts an environmental review under the National Environmental Policy Act (NEPA) to...
Severe Thunderstorms and Tornadoes in the United States
Severe thunderstorms and tornadoes affect communities across the United States every year, causing fatalities, destroying property and crops, and disrupting businesses. Tornadoes are the most destructive products of severe thunderstorms, and second only to flash flooding as the cause for most thunderstorm-related fatalities. Damages from violent tornadoes seem to be increasing, similar to the trend for other natural hazards—in part due to changing population, demographics, and more weather-sensitive infrastructure—and some analysts indicate that losses of $1 billion or more from single...
Forest Fire/Wildfire Protection
Congress continues to face questions about forestry practices, funding levels, and the federal role in wildfire protection. Recent fire seasons have been, by most standards, among the worst in the past half century. National attention began to focus on wildfires when a prescribed burn in May 2000 escaped control and burned 239 homes in Los Alamos, NM. President Clinton responded by requesting a doubling of wildfire management funds, and Congress enacted much of this proposal in the FY2001 Interior appropriations act (P.L. 106-291). President Bush responded to the severe 2002 fires by...
Financial Stability Oversight Council: A Framework to Mitigate Systemic Risk
The Financial Stability Oversight Council (FSOC) was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA; P.L. 111-203) in 2010 as part of a comprehensive reform of banking and securities market regulators. The council is charged with monitoring systemic risk in the financial system and coordinating several federal financial regulators. The 113th Congress may wish to monitor the performance, rulemaking, and policy recommendations of the council.
This report describes the mission, membership, and scope of the FSOC. It provides an analysis of several major policy...
Throughout its history, the Department of Defense (DOD) has relied on contractors to support a wide range of military operations. Operations over the last thirty years have highlighted the critical role that contractors play in supporting U.S. troops—both in terms of the number of contractors and the type of work being performed. Over the last decade in Iraq and Afghanistan, and before that, in the Balkans, contractors accounted for 50% or more of the total military force.
Regardless of whether future operations are similar to-or significantly different from- those of the past decade most...
Defense: FY2013 Authorization and Appropriations
President Obama requested $613.9 billion in discretionary budget authority for the Department of Defense in Fiscal Year 2013, which is $31.8 billion less than had been appropriated for the agency in FY2012. The end of U.S. combat in Iraq and the declining tempo of operations in Afghanistan accounted for the bulk of the overall reduction: The budget request for Overseas Contingency Operations (OCO)—DOD activities in those two countries—was $88.5 billion, which is $26.6 billion less than was provided for those operations in FY2012.
However, the Administration’s $525.4 billion request for...
Public Health, Workforce, Quality, and Related Provisions in ACA: Summary and Timeline
In March 2010, President Obama signed into law a comprehensive health reform bill, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148), and a package of amendments to ACA, the Health Care and Education Reconciliation Act of 2010 (HCERA; P.L. 111-152). Health reform was one of President Obama’s top domestic policy priorities during his first term, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. Improving access to care and controlling rising costs were seen to require changes to both the...
501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
The campaign activities of tax-exempt 501(c)(4) social welfare organizations continue to receive considerable attention. These groups operate with less restriction after the Supreme Court’s decision in Citizens United v. FEC, which invalidated long-standing prohibitions in the Federal Election Campaign Act (FECA) on corporations and labor unions using their general treasury funds to make independent expenditures and electioneering communications. However, even after Citizens United, 501(c)(4) groups are still subject to regulation under FECA and the Internal Revenue Code (IRC).
Under...
State and Local Restrictions on Employing Unauthorized Aliens
In May 2011, the Supreme Court ruled in Chamber of Commerce of the United States of America v. Whiting that federal immigration law did not preempt an Arizona statute that authorized or required the suspension or termination of the licenses of businesses that knowingly or intentionally hire unauthorized aliens, and also required that employers within Arizona use the federal government’s E-Verify database to check employees’ work authorization.
The doctrine of preemption derives from the Supremacy Clause of the U.S. Constitution, which establishes that federal law, treaties, and the...
Budgetary flexibility enacted under the Reducing Flight Delays Act of 2013 (P.L. 113-9) has permitted the Federal Aviation Administration (FAA) to cancel plans to close 149 air traffic control towers operated by contractors, a measure it had proposed to address funding decreases brought about by the budget sequester. On March 22, 2013, FAA announced the planned tower closures. The closures were originally planned for April 2013, but the closure was pushed back to June 2013 and then abandoned due to receipt of new authority in P.L. 113-9 allowing funds to be transferred from other FAA...
Centers for Medicare & Medicaid Services: President’s FY2014 Budget
Federal law requires the President to submit an annual budget to Congress no later than the first Monday in February. The budget informs Congress of the President’s overall federal fiscal policy based on proposed spending levels, revenues, and deficit (or surplus) levels. The budget request lays out the President’s relative priorities for federal programs, such as how much should be spent on defense, education, health, and other federal programs. The President’s budget may also include legislative proposals for spending and tax policy changes. While the President is not required to propose...
Committee of the Whole: An Introduction
The Committee of the Whole House on the State of the Union, more often referred to as the “Committee of the Whole,” is the House of Representatives operating as a committee on which every Member of the House serves. The House of Representatives uses this parliamentary device to take procedural advantage of a somewhat different set of rules governing proceedings in the Committee than those governing proceedings in the House. The purpose is to expedite legislative consideration.
This report briefly reviews the history of the Committee of the Whole, describes the current procedure associated...
Search and Seizure Cases in the October 2012 Term of the Supreme Court
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. Amend. IV.
This term, the Supreme Court decided that (1) deploying a drug-detecting dog at the front door of a house qualifies as a Fourth Amendment search (Florida v. Jardines); (2) the positive reaction of a trained, drug-detecting dog constitutes...
Serbia: Current Issues and U.S. Policy
Serbia faces an important crossroads in its development. It is seeking to integrate into the European Union (EU), but its progress has been hindered by tensions with the United States and many EU countries over the independence of Serbia’s former Kosovo province. The global economic crisis poses serious challenges for Serbia. Painful austerity measures have been required for Serbia by the International Monetary Fund and other international financial institutions.
Serbia held parliamentary and presidential elections in May 2012. One party in the former government, the Socialist Party, did...
On September 10, 1996, the Senate passed H.R. 3396, the Defense of Marriage Act (DOMA), which had been cleared on July 12 by the House. On September 21, 1996, President Clinton signed DOMA and it became P.L. 104-199.
On November 4, 2008, California citizens passed Proposition 8, which added new Section 7.5 to Article I of the California Constitution that reads “Only marriage between a man and a woman is valid or recognized in California.”
Petitions of certiorari have been granted by the United States Supreme Court in two cases resulting from these events.
This report contains resources...
The Federal Budget: Issues for FY2014 and Beyond
This report provides an overview of federal budget issues, focusing on recent fiscal policy changes. It also discusses the major policy proposals contained in the President's FY2014 budget and the House and Senate budget resolutions.
Government Procurement in Times of Fiscal Uncertainty
When confronted with actual or potential funding gaps, funding shortfalls, or budget cuts, the federal government has a number of options as to prospective and existing procurement contracts. Many of these options arise from contract law and, in particular, certain standard clauses included in federal procurement contracts. Among other things, these clauses may allow the government to (1) unilaterally change certain terms of the contract, such as the specifications or the method and manner of performing the work; (2) delay, suspend, or “stop work” on the contract; and (3) terminate the...
Energy and Water Development: FY2014 Appropriations, Preliminary Tables
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior’s Bureau of Reclamation (Reclamation) and the Department of Energy (DOE), and for a number of independent agencies.
FY2013 Energy and Water Development appropriations were considered in the context of the Budget Control Act of 2011 (BCA, P.L. 112-25), which established discretionary spending limits for FY2012-FY2021. On March 26, 2013, the President signed H.R. 933, the FY2013 Defense and Military Construction, and...
Kosovo: Current Issues and U.S. Policy
On February 17, 2008, Kosovo declared its independence from Serbia. The United States and 22 of the 27 European Union countries have recognized Kosovo’s independence. The Kosovo government claims that 98 countries in all have extended diplomatic recognition to it. EULEX, a European Union-led law-and-order mission, is tasked with improving the rule of law in Kosovo. KFOR, a NATO-led peacekeeping force that includes more than 700 U.S. soldiers, has the mission of providing a secure environment.
Serbia strongly objects to Kosovo’s declaration of independence. It has used diplomatic means to...
In response to across-the-board funding reductions in federal programs through the budget sequestration process implemented in FY2013, the Federal Aviation Administration (FAA) began to furlough personnel, including air traffic controllers, on April 21, 2013. In conjunction with air traffic controller furloughs, FAA implemented various air traffic management initiatives to mitigate impacts of the reduced staffing on controller workload. This resulted in some delays affecting about 3%-4% of flights, with some acute delay impacts occurring in congested airspace, particularly in the New York...
State Taxation of Internet Transactions
The United States Bureau of the Census estimated that $4.1 trillion worth of retail and wholesale transactions were conducted over the Internet in 2010. That amount was 16.1% of all U.S. shipments and sales in that year. Other estimates, based on different data, projected the 2012 so-called e-commerce volume at approximately $3.9 trillion. The volume, roughly $4 trillion, of e-commerce is expected to increase, and state and local governments are concerned because collection of sales taxes on these transactions is difficult to enforce.
Under current law, states cannot reach beyond their...
No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress
In conflicts in Kosovo, Iraq, and Libya, the United States has taken part in establishing and maintaining no-fly zones. As no-fly zones represent a significant commitment of U.S. forces, and may prove a precursor to other military actions, Congress may wish to consider issues surrounding the strategy, international authorization, congressional authorization, operations, and costs of establishing and maintaining no-fly zones.
The military strategy designed to support U.S. grand strategy, it has been suggested, might be based on these considerations: the operational-level military objectives...
Legislative Branch: FY2013 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress, including the Congressional Research Service (CRS); Government Printing Office (GPO); Government Accountability Office (GAO); and Open World Leadership Center.
The legislative branch FY2013 budget request of $4.512 billion was submitted on February 13, 2012. The FY2013 request represented an increase of $205.5 million over the $4.307 billion in...
Child Support Enforcement Program Incentive Payments: Background and Policy Issues
The Child Support Enforcement (CSE) program, enacted in 1975, to help strengthen families by securing financial support from noncustodial parents, is funded with both state and federal dollars. The federal government bears the majority of CSE program expenditures and provides incentive payments to the states (which include Washington, DC, and the territories of Guam, Puerto Rico, and the Virgin Islands) for success in meeting CSE program goals. In FY2011, total CSE program expenditures amounted to $5.7 billion. The aggregate incentive payment amount to states was $513 million in...
The process by which lower federal court judges are nominated by the President and considered by the Senate is of continuing interest to Congress. Recent Senate debates in Congress over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama’s nominees in gaining Senate confirmation (compared with other recent Presidents) as well as the number and percentage of vacant judgeships in the federal judiciary and the effect of delayed judicial appointments on judicial vacancy levels. This report addresses these issues, and others, by providing...
FDA Final Rule Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco
On March 19, 2010, the Food and Drug Administration (FDA) reissued a 1996 final rule aimed at reducing underage smoking and use of smokeless tobacco products (e.g., snuff, chewing tobacco). The agency’s rulemaking was mandated by the Family Smoking Prevention and Tobacco Control Act, which was enacted last year in response to a 2000 decision by the Supreme Court holding that FDA lacked the statutory authority to regulate tobacco products. The Family Smoking Prevention and Tobacco Control Act (P.L. 111-31) expressly gives FDA broad statutory authority under the Federal Food, Drug, and...
Nuclear Weapons R&D Organizations in Nine Nations
Seven nations—China, France, India, Pakistan, Russia, the United Kingdom, and the United States—possess nuclear weapons. North Korea tested a nuclear explosive device in 2006, and announced that it had conducted a test in 2009 and another in 2013. Israel is widely thought to have nuclear weapons. As an aid to Congress in understanding nuclear weapons, nuclear proliferation, and arms control matters, this report describes which agency is responsible for research and development (R&D) of nuclear weapons (i.e., nuclear explosive devices, as distinct from the bombers and missiles that deliver...
Agriculture-Based Biofuels: Overview and Emerging Issues
Since the late 1970s, U.S. policymakers at both the federal and state levels have authorized a variety of incentives, regulations, and programs to encourage the production and use of agriculture-based biofuels—i.e., any fuel produced from biological materials. Initially, federal biofuels policies were developed to help kick-start the biofuels industry during its early development, when neither production capacity nor a market for the finished product was widely available. Federal policy (e.g., tax credits, import tariffs, grants, loans, and loan guarantees) has played a key role in helping...
Expediting the Return to Work: Approaches in the Unemployment Compensation Program
The most recent recession led to an unprecedented increase in the number of those unemployed for more than 26 weeks (the long-term unemployed). As a result, congressional interest in policy initiatives to expedite the return to work grew. This report examines a variety of initiatives and measures within the Unemployment Compensation (UC) program that might reduce long-term unemployment for beneficiaries.
Even before the recent recession began, large numbers of UC recipients exhausted their entitlement to regular state benefits before returning to work. In 2007, one in three recipients...
Terrorist Watch List Screening and Background Checks for Firearms
The November 2009 shooting at Fort Hood, TX, renewed interest in terrorist watchlist screening and background checks for firearms through the National Instant Criminal Background Check System (NICS). Pursuant to the Brady Handgun Violence Prevention Act (P.L. 103-159), in November 1998 the Federal Bureau of Investigation (FBI) activated NICS for the purposes of determining an individual’s firearms transfer and possession eligibility whenever a private person seeks to acquire a firearm from a federally licensed gun dealer. Prior to February 2004, however, the FBI did not conduct terrorist...
Egypt and the IMF: Overview and Issues for Congress
Congress, which annually oversees and appropriates $1.55 billion in bilateral foreign aid to Egypt, is following the political and economic situation in Egypt closely. Economic conditions in Egypt have deteriorated rapidly since the 2011 “revolution.” Political uncertainty abruptly reduced foreign capital flows into Egypt; growth, while still positive, has slowed substantially; the central bank is at risk of running out of foreign exchange reserves; and unemployment has increased from 9.2% before the revolution to 12.3% in 2012. Many policymakers and analysts fear that the fragile economic...
U.S. International Investment Agreements: Issues for Congress
Foreign direct investment (FDI) is an increasingly important driver of the global economy. In the absence of an overarching multilateral framework on investment, bilateral investment treaties (BITs) and investment chapters in free trade agreements (FTAs), collectively referred to as “international investment agreements,” have emerged as the primary mechanism for promoting a rules-based system for international investment. These agreements contain provisions on nondiscriminatory treatment of investments by the host country, limits on expropriation of investments, and access to impartial...
Covered Bonds: Background and Policy Issues
Covered bonds are a relatively common method of funding mortgages in Europe, but uncommon in the United States. A covered bond is a recourse debt obligation that is secured by a pool of assets, often mortgages. The holders of the bond are given additional protection in the event of bankruptcy or insolvency of the issuing lender. Covered bonds have some features, such as pooled mortgages, that resemble securitization, but the original lenders maintain a continuing interest in the performance of the loans. Because some believe that the subprime mortgage turmoil may have been influenced by...
Naming Post Offices Through Legislation
Legislation naming post offices for persons has become a very common practice. During the 108th through 112th Congresses, almost 20% of all statutes enacted were post office naming acts.
This report describes how the practice of naming post offices through public law originated and how it is commonly done today. It also details the House and Senate committee policies for considering such legislation and the U.S. Postal Service’s procedures for implementing post office naming acts.
Unanimity of a state’s congressional delegation is required for the movement of naming bills to the floor of...
Labor, Health and Human Services, and Education: FY2013 Appropriations Overview
This report provides an overview of actions taken by Congress to provide FY2013 appropriations for the accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED) appropriations bill. The L-HHS-ED bill provides funding for all accounts subject to the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Energy and Water Development: FY2013 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior’s Bureau of Reclamation (Reclamation) and the Department of Energy (DOE), and for a number of independent agencies.
President Obama’s FY2013 budget request for Energy and Water Development was released in February 2012.
For FY2013 the level of overall spending has been a major issue. The Budget Control Act of 2011 (BCA, P.L. 112-25) contained an overall discretionary spending cap for FY2013 of $1.047 trillion. On March 29,...
H.R. 1549: Helping Sick Americans Now Act
In March 2010, the 111th Congress passed health reform legislation, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (HCERA; P.L. 111-152) and other laws. Among other provisions, ACA increases access to health insurance, expands private health insurance requirements regarding coverage and benefits, and requires the creation of health insurance exchanges to provide individuals and small employers with access to insurance. Many of ACA’s insurance market reforms are already in effect. Remaining reforms...
Argentina’s Defaulted Sovereign Debt: Dealing with the “Holdouts”
In December 2001, Argentina suffered a severe financial crisis, leading to the largest sovereign debt default in history, until Greece. In 2005, after prolonged, contentious, and unsuccessful attempts to restructure the debt, Argentina abandoned the negotiation process and made a unilateral offer. The terms were highly unfavorable to creditors, but $62.3 billion of the $81.8 billion in principal owed was exchanged. A diverse group of “holdouts” representing $18.6 billion did not exchange their bonds, and some have opted to litigate instead. These actions resulted in attachment orders...
Hydraulic Fracturing and the National Environmental Policy Act (NEPA): Selected Issues
Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations. This process involves pumping fluids under high pressure into the formations to crack them, releasing oil and gas into the well. The technique has been the subject of controversy due to some of its potential effects on the environment.
The National Environmental Policy Act (NEPA) requires federal agencies to consider the potential environmental consequences of the actions they propose to take by preparing one of three NEPA documents. Actions that fit within a...
Inflation-Indexing Elements in Federal Entitlement Programs
In recent years, various proposals have been discussed in the context of ways to reduce federal budget deficits. One of these proposals calls for the use of a different measure of consumer price change to index various provisions of federal programs, including cost-of-living adjustments (COLAs). For example, under current law, the Social Security COLA is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Under the proposal, the Social Security COLA would be based instead on the Chained Consumer Price Index for All Urban Consumers (Chained CPI-U or...
Changes to the Residential Mortgage Market: Legislation, Demographics, and Other Drivers
This report provides an overview of the changing residential mortgage market, focusing on trends in housing prices, homeownership, mortgage characteristics, and financing. It also examines legislation and regulations designed to promote the efficient functioning of the mortgage market.
Congressional Concern About Mortgages
Congressional interest in residential mortgage markets has increased following the collapse of the housing bubble, government financial support to the mortgage market, and housing’s perceived importance to the broader economic recovery. Since 2008, the residential...
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
On February 13, 2012, President Obama submitted his FY2013 budget to Congress. The Administration requests a total of $62.076 billion for the agencies and bureaus funded as a part of the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. The Administration’s request includes $7.978 billion for the Department of Commerce, $28.079 billion for the Department of Justice, $25.090 billion for the science agencies, and $929.2 million for the related agencies. The FY2013 request for CJS is 1.9% greater than the FY2012 appropriation of $60.910 billion.
On April 19,...
Terrorism, Miranda, and Related Matters
The Fifth Amendment to the United States Constitution provides in part that “No person ... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” In Miranda v. Arizona, the Supreme Court declared that statements of an accused, given during a custodial interrogation, could not be introduced in evidence in criminal proceedings against him, unless he were first advised of his rights and waived them. In Dickerson v. United States, the Court held that the Miranda exclusionary rule was constitutionally...
Medicare Payment Updates and Payment Rates
Medicare is a federal insurance program that pays for covered health services for most persons 65 years of age and older and for most permanently disabled individuals under the age of 65. Part A of the program, the Hospital Insurance program, covers hospital, post-hospital, and hospice services. Part B, the Supplementary Medical Insurance program, is optional and covers a broad range of complementary medical services including physician, laboratory, outpatient hospital services, and durable medical equipment. Part C provides private plan options for beneficiaries enrolled in both Parts A...
Traditional Versus Benchmark Benefits Under Medicaid
The Medicaid program, which served 72 million people in FY2012, finances the delivery of a wide variety of preventive, primary, and acute care services as well as long-term services and supports for certain low-income populations. Benefits are available to beneficiaries through two avenues. First, the traditional Medicaid program covers a wide variety of mandatory services (e.g., inpatient hospital services, lab/x-ray services, physician care, nursing facility care for persons aged 21 and over), and other services at state option (e.g., prescribed drugs, physician-directed clinic services,...
Intelligence Issues for Congress
To address the challenges facing the U.S. intelligence community in the 21st century, congressional and executive branch initiatives have sought to improve coordination among the different agencies and to encourage better analysis. In December 2004, the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458) was signed, providing for a Director of National Intelligence (DNI) with authorities to manage the national intelligence effort. The legislation also established a Director of the Central Intelligence Agency (CIA).
Making cooperation effective presents substantial leadership...
The Department of Defense (DOD) is the single largest energy consumer in the nation. As the largest owner of federal data centers, with 772, the DOD has more than twice as many centers as any other agency. By consolidating some of its data centers, DOD could have a significant positive impact on energy savings for the federal government. DOD has instituted a number of policy directives, as have all federal agencies, that influence energy use in its data centers.
Data centers are facilities—buildings or parts of buildings—used to store, manage, and disseminate electronic information for a...
Sage Grouse and the Endangered Species Act (ESA)
Western states have seen conflicts over natural resources for more than a century, involving issues such as grazing, roads, fences, oil and gas development, urban expansion, spread of invasive species, water rights, timber harvest, and pollution. In many cases, the conflicts involve the protection of endangered and threatened species, often with one group seeing listed species as an obstacle to their development goals or property rights, and another group advocating protection in line with their environmental, scientific, or economic goals. One such controversy is developing in 11 western...
Drought in the United States: Causes and Issues for Congress
Drought is a natural hazard with often significant societal, economic, and environmental consequences. Public policy issues related to drought range from how to identify and measure drought to how best to prepare for, mitigate, and respond to drought impacts, and who should bear associated costs. Severe drought in 2011 and 2012 fueled congressional interest in near-term issues, such as current (and recently expired) federal programs and their funding, and long-term issues, such as drought forecasting and various federal drought relief and mitigation actions. Continuing drought conditions...
Department of Homeland Security Appropriations: A Summary of Congressional Action for FY2013
The Department of Homeland Security (DHS) appropriations bill includes funding for all components and functions of DHS, including Customs and Border Protection (CBP); Immigration and Customs Enforcement (ICE); the Transportation Security Administration (TSA); Coast Guard (USCG); Secret Service (USSS); the National Protection and Programs Directorate (NPPD), which includes Infrastructure Protection and Information Security (IPIS) and the Federal Protective Service (FPS); the Office of Health Affairs (OHA); the Federal Emergency Management Agency (FEMA); United States Citizenship and...
Survey of Federal Whistleblower and Anti-Retaliation Laws
This report provides an overview of federal whistleblower and anti-retaliation laws. In general, these laws protect employees who report misconduct by their employers or who engage in various protected activities, such as participating in an investigation or filing a complaint. In recent years, Congress has expanded employee protections for a variety of private-sector workers. Eleven of the forty laws reviewed in this report were enacted after 1999. Among these laws are the Sarbanes-Oxley Act, the FDA Food Safety Modernization Act, and the Dodd-Frank Wall Street Reform and Consumer...
Common Questions About Postage and Stamps
Constituents and interest groups often approach congressional offices with questions about postage and stamps. This report provides brief answers to commonly asked questions and provides sources where Members and congressional staff may learn more about these topics.
The Senate usually has not had rules or policies regarding legislation to establish postage stamps. The House Committee on Oversight and Government Reform long has had a rule against considering legislation that proposes the issuance of new semipostal and commemorative stamps.
Congressional or Federal Charters: Overview and Enduring Issues
A congressional or federal charter is a federal statute that establishes a corporation. Congress has issued charters since 1791, although most charters were issued after the start of the 20th century. Congress has used charters to create a variety of corporate entities, such as banks, government-sponsored enterprises, commercial corporations, venture capital funds, and quasi governmental entities. Congressionally chartered corporations have raised diverse issues for Congress, including (1) Title 36 corporations’ membership practices; (2) prohibitions on Title 36 corporations engaging in...
Ricin: Technical Background and Potential Role in Terrorism
In April 2013, envelopes sent to President Obama and a U.S. Senator tested positive for ricin, a deadly toxin derived from castor beans. Ricin has been identified as a potential bioweapon. Ricin is extremely toxic by ingestion, inhalation, and injection. No treatment or prophylaxis currently exists, though research into new therapies and vaccines against ricin exposure continues. Additionally, research to improve ricin detection is ongoing. Although governments have investigated ricin’s potential use as a military weapon, individuals have used ricin in small quantities. Most experts...
The STOCK Act, Insider Trading, and Public Financial Reporting by Federal Officials
The STOCK Act (Stop Trading on Congressional Knowledge Act of 2012) was signed into law on April 4, 2012. It affirms and makes explicit the fact that there is no exemption from the “insider trading” laws and regulations for Members of Congress, congressional employees, or any federal officials. The law also expressly affirms that all federal officials have a “duty” of trust and confidentiality with respect to nonpublic, material information which they may receive in the course of their official duties, and a duty not to use such information to make a private profit.
The STOCK Act, as part...
The Reclamation Fund: A Primer
The Reclamation Fund was established in 1902 to fund the development of irrigation projects on arid and semiarid lands of the 17 western states. It originated as a revolving fund for construction projects and was supported by the proceeds of the sale of land and water in the western United States. Over time, it was amended to receive proceeds from a number of other sources. It is currently derived from repayments and revenues associated with federal water resources development as well as the sales, rentals, and leases (including natural resource leasing) of federal land in the western...
Economic Recovery: Sustaining U.S. Economic Growth in a Post-Crisis Economy
The 2007-2009 recession was long and deep, and according to several indicators was the most severe economic contraction since the 1930s (but still much less severe than the Great Depression). The slowdown of economic activity was moderate through the first half of 2008, but at that point the weakening economy was overtaken by a major financial crisis that would exacerbate the economic weakness and accelerate the decline.
Economic recovery began in mid-2009. Real gross domestic product (GDP) has been on a positive track since then, although the pace has been uneven and slowed significantly...
The Independent Payment Advisory Board
In response, in part, to overall growth in Medicare program expenditures and growth in expenditures per Medicare beneficiary, the Patient Protection and Affordable Care Act (PPACA, P.L. 111-148, as amended) created the Independent Payment Advisory Board (IPAB, or the Board) and charged the Board with developing proposals to “reduce the per capita rate of growth in Medicare spending.” The Secretary of Health and Human Services (the Secretary) is directed to implement the Board’s proposals automatically unless Congress affirmatively acts to alter the Board’s proposals or to discontinue the...
Cybersecurity: Selected Legal Issues
This report discusses selected legal issues that frequently arise in the context of legislation to address vulnerabilities of private critical infrastructure to cyber threats, efforts to protect government networks from cyber threats, and proposals to facilitate and encourage sharing of cyber threat information amongst private sector and government entities. This report also provides an overview of the ways in which federal laws of these types may preempt or affect the applicability of state law.
An Overview of the “Patent Trolls” Debate
Congress has recently demonstrated significant ongoing interest in litigation by “patent assertion entities” (PAEs), which are colloquially known as “patent trolls” and sometimes referred to as “non-practicing entities” (NPEs). The PAE business model focuses not on developing or commercializing patented inventions but on buying and asserting patents, often against firms that have already begun using the claimed technology after developing it independently, unaware of the PAE patent. PAEs include not only freestanding businesses but patent holding subsidiaries, affiliates, and shells of...
Air Quality Issues in Natural Gas Systems
Natural Gas Systems and Air Pollution
Congressional interest in U.S. energy policy has focused in part on ways through which the United States could secure more economical and reliable fossil fuel resources both domestically and internationally. Recent expansion in natural gas production, primarily as a result of new or improved technologies (e.g., hydraulic fracturing, directional drilling) used on unconventional resources (e.g., shale, tight sands, and coal-bed methane), has made natural gas an increasingly significant component in the U.S. energy supply. This expansion, however, has...
The World Bank Group Energy Sector Strategy
One in five people worldwide lack access to electricity. This is among the many challenges that financial institutions face when providing assistance to lower-income countries in order to promote economic and social development. Access to modern energy sources has the potential to substantially increase worldwide economic growth, creating markets in the developing world for products from the developed world, and vice versa. Filling this need may also result in environmental problems that could threaten development, including an increase in pollution that damages fisheries, reduces farm...
Codes of Conduct for Multinational Corporations: An Overview
The U.S. economy has grown increasingly interconnected with other economies around the world, a phenomenon often referred to as globalization. As U.S. businesses expand globally, however, various groups across the social and economic spectrum have expressed their concerns over the economic, social, and political impact of this activity. Over the past 20 years, multinational corporations and nations have adopted voluntary, legally enforceable, and industry-specific codes of conduct, often referred to broadly as corporate social responsibility (CSR), to address many of these concerns. Recent...
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
Increasing calls for intelligence support and continuing innovations in intelligence technologies combine to create significant challenges for both the executive and legislative branches. Intelligence, surveillance, and reconnaissance (ISR) systems are integral components of both national policymaking and military operations, including counterterrorism operations, but they are costly and complicated and they must be linked in order to provide users with a comprehensive understanding of issues based on information from all sources. Relationships among organizations responsible for...
Ensuring That Traffic Signs Are Visible at Night: Federal Regulations
Traffic signs provide information to help motorists travel safely. If a sign is useful during daytime, it has equal or greater value to motorists at night, when less of the road environment can be seen. Federal regulations have long required that traffic signs be visible at night, either through the use of retroreflective materials (materials that reflect light, such as from headlights, back in the direction from which it came) or through permanent lighting illuminating the sign. These regulations are part of the Manual of Uniform Traffic Control Devices (MUTCD), a compilation of federal...
Regulation of Broadcast Indecency: Background and Legal Analysis
During the 2012 Super Bowl Halftime Show, the rapper M.I.A. (stage name for the artist Mathangi “Maya” Arulpragasm) made an indecent gesture during her live performance, reigniting the debate over whether the FCC could punish broadcasters for fleeting indecency. M.I.A.’s performance echoed two other prominent television events that have been the subject of ongoing litigation. The airing of an expletive by Bono (stage name for the artist Paul David Hewson) during the 2003 Golden Globe Awards, as well as the “wardrobe malfunction” that occurred during the 2004 Super Bowl halftime show, gave...
“Gang of Four” Congressional Intelligence Notifications
“Gang of Four” intelligence notifications generally are oral briefings of certain particularly sensitive non-covert action intelligence activities, including principally, but not exclusively, intelligence collection programs that the intelligence community typically limits to the chairmen and ranking Members of the two congressional intelligence committees.
Gang of Four notifications are not based in statute but have constituted a practice generally accepted by the leadership of the intelligence committees, and that is employed when the intelligence community believes a particular...
This report focuses on mass shootings and selected implications they have for federal policy in the areas of public health and safety. While such crimes most directly impact particular citizens in very specific communities, addressing these violent episodes involves officials at all levels of government and professionals from numerous disciplines.
Defining Public Mass Shooting
Policy makers may confront numerous questions about shootings such as the December 2012 incident at Sandy Hook Elementary School in Newtown, CT, that claimed 27 lives (not including the shooter). Foremost, what are...
“Hollowing Out” in U.S. Manufacturing: Analysis and Issues for Congress
The health of the U.S. manufacturing sector has been a long-standing concern of Congress. Although Congress has established a wide variety of tax preferences, direct subsidies, import restraints, and other federal programs with the goal of retaining or recapturing manufacturing jobs, only a small proportion of U.S. workers is now employed in factories. Meanwhile, U.S. factories have stepped up production of goods that require high technological sophistication but relatively little direct labor. Labor productivity in manufacturing, as measured by government data, has grown rapidly,...
Argentina’s Post-Crisis Economic Reform: Challenges for U.S. Policy
U.S.-Argentine economic relations have long history of mutually beneficial engagement. In recent years, however, they have been strained at times, in part because of Argentina’s struggle to maintain macroeconomic stability, and also because of specific policy choices that have made the business environment difficult to navigate since the country’s 2001 financial crisis. Following a steep currency devaluation and the largest sovereign default in history, Argentina entered a deep recession with high unemployment and social upheaval. It brought to power a new government, and with it a shift...
International Trade and Finance: Key Policy Issues for the 113th Congress
This report discusses a variety of issues faced by the 113th Congress. Topics include trade negotiations with China, export controls and sanctions, import policies, intellectual property rights, international investments and international financial institutions.
House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures that, according to the Legislative Information System of the U.S. Congress (LIS), received action on the House floor in the...
Why Certain Trade Agreements Are Approved as Congressional-Executive Agreements Rather Than Treaties
U.S. trade agreements such as the North American Free Trade Agreement (NAFTA), World Trade Organization agreements, and bilateral free trade agreements (FTAs) have been approved by majority vote of each house rather than by two-thirds vote of the Senate—that is, they have been treated as congressional-executive agreements rather than as treaties. The congressional-executive agreement has been the vehicle for implementing Congress’s long-standing policy of seeking trade benefits for the United States through reciprocal trade negotiations. In a succession of statutes, Congress has authorized...
Federal Authority to Regulate the Compounding of Human Drugs
This report will examine the FDA's regulation of drug compounding and will discuss relevant legal authorities. The report will conclude by discussing potential limits to the FDA's authority to regulate human drug compounding.
Fair Debt Collection Practices Act (FDCPA)
The recent fiscal crisis and recession have accentuated debt collection issues, prompted federal regulatory and enforcement activities regarding the debt collection industry, and motivated assessments of the effectiveness of the Fair Debt Collection Practices Act (FDCPA). The Consumer Financial Protection Bureau (Bureau or CFPB) and the Federal Trade Commission (FTC), the two main agencies charged with regulating and/or enforcing the FDCPA, have identified debt buying, the use of litigation as a collection strategy, and the impact of current technology on the debt collection industry as...
One of the primary tasks of the Federal Communications Commission (FCC) is to encourage the deployment of broadband throughout the United States. Broadband technology is now available over a wide array of delivery systems including cable, wireless, telephone, and fiber optic networks. The FCC moved, in recent years, to ease some of the regulatory burdens inherent in erecting new broadband facilities within the current legal framework. Congress has also taken steps to encourage the deployment of wireless facilities. This report will discuss some of the important legal developments related...
DOD Alternative Fuels: Policy, Initiatives and Legislative Activity
This report provides background information and identifies issues for Congress regarding Department of Defense (DOD) alternative fuel initiatives, a subject of debate at congressional hearings on DOD’s proposed FY2013 budget. The services (the Army, Navy, and Air Force) have spent approximately $48 million to purchase alternative fuels, and the Navy has proposed a $170 million investment in biofuel production capacity. The services have also spent funds on testing, certification and demonstrations of alternative fuels. By comparison, DOD purchases of petroleum fuels totaled approximately...
Intelligence Identities Protection Act
Concern that government documents obtained by WikiLeaks and disclosed to several newspapers could reveal the identities of United States intelligence agents or informants focused attention on whether the disclosure or publication of such information could give rise to criminal liability. This report summarizes the Intelligence Identities Protection Act (IIPA; P.L. 97-200), enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents. The act, as amended, is codified at 50 U.S.C. Sections 421-426, and provides criminal...
Trade Agreements: Impact on the U.S. Economy
The United States is considering a number of trade agreements, including the Trans-Pacific Partnership Trade Agreement (TPP) and the U.S.-European Union Trade and Investment Partnership. The Congress also may address the issue of trade promotion authority (TPA), which expired on July 1, 2007. In contrast with trade agreements with smaller economies, these two recently proposed agreements could have a significant impact on some aspects of U.S. trade and investment activities that could affect numerous U.S. workers and businesses. During this process, Congress likely will be presented with...
Covert Action: Legislative Background and Possible Policy Questions
Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counterterrorism intelligence activities as part of what the Bush Administration termed the global war on terror. Some observers have asserted that the Department of Defense (DOD) may have been conducting certain kinds of counterterrorism intelligence activities that would statutorily qualify as “covert actions,” and thus require a presidential finding and the notification of the congressional intelligence committees.
Defense officials have asserted that none of DOD’s current...
Sensitive Covert Action Notifications: Oversight Options for Congress
Legislation enacted in 1980 gave the executive branch authority to limit advance notification of especially sensitive covert actions to eight Members of Congress—the “Gang of Eight”—when the President determines that it is essential to limit prior notice in order to meet extraordinary circumstances affecting U.S. vital interests. In such cases, the executive branch is permitted by statute to limit notification to the chairmen and ranking minority Members of the two congressional intelligence committees, the Speaker and minority leader of the House, and Senate majority and minority leaders,...
The Emergency Food and Shelter National Board Program and Homeless Assistance
The Emergency Food and Shelter National Board (EFS) Program provides supplemental funding to homeless services providers across the nation. EFS was first authorized by P.L. 100-77, the Stewart B. McKinney-Bruce Vento Homeless Assistance Act (Title III, McKinney-Vento Act), which became law in 1987. Eligible services include the provision of overnight shelter and served meals, assistance to food banks and pantries, one month’s rental or mortgage assistance to prevent evictions, and one month’s utility payments to prevent service cut-offs.
Since its inception, the program’s recipient...
Abortion and the Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act (“Affordable Care Act”) includes provisions that address the coverage of abortion services by qualified health plans that will be available through health benefit exchanges beginning in 2014. These provisions have been controversial, particularly with regard to the use of premium tax credits or cost-sharing subsidies to obtain health coverage that includes coverage for elective, non-therapeutic abortion services. The Affordable Care Act addresses abortion coverage by the exchange plans with reference to the so-called “Hyde Amendment,” which...
Antipoverty Effects of Unemployment Insurance
This report examines the antipoverty effects of unemployment insurance benefits during the past recession and the economic recovery. The analysis highlights the impact of the additional and expanded unemployment insurance (UI) benefits available to unemployed workers through the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) and the Emergency Unemployment Compensation (EUC08) program (Title IV of P.L. 110-252). In 2011, approximately 56% of all unemployed individuals were receiving UI benefits (down from a high of 66% in 2010) and thus were directly affected by...
FY2013 Continuing Resolutions: Analysis of Components and Congressional Action
This report provides analysis of the components of the two FY2013 continuing resolutions (CR) and congressional action on those CRs.
Prior to the beginning of the fiscal year, the House and Senate Appropriations Committees each reported 11 out of 12 regular appropriations bills. Seven regular appropriations bills were passed by the House; no regular appropriations bills were passed by the Senate. None of the regular appropriations bills were enacted into law. The first CR for FY2013 was signed into law on September 28, 2012 (H.J.Res. 117; P.L. 112-175). On March 26, 2013, H.R. 933 (P.L....
Fair Credit Reporting Act: Rights and Responsibilities
The purpose of the Fair Credit Reporting Act (FCRA) is “to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.” The FCRA establishes consumers’ rights in relation to their credit reports, as well as permissible uses of credit reports. It also imposes certain responsibilities on those who collect, furnish, and use the...
Hugo Chávez’s Death: Implications for Venezuela and U.S. Relations
T
he death of Venezuelan President Hugo Chávez on March 5, 2013, after 14 years of populist rule, has implications not only for Venezuela’s political future, but potentially for the future of U.S.-Venezuelan relations. This report provides a brief discussion of those implications. For additional background on President Chávez’s rule and U.S. policy, see CRS Report R40938, Venezuela: Issues for Congress, by Mark P. Sullivan.
Congress has had a strong interest in Venezuela and U.S. relations with Venezuela under the Chávez government. Among the concerns of U.S. policymakers has been the...
The European Union: Foreign and Security Policy
The United States often looks to Europe as its partner of choice in addressing important global challenges. Given the extent of the transatlantic relationship, congressional foreign policy activities and interests frequently involve Europe. The relationship between the United States and the European Union (EU) has become increasingly significant in recent years, and it is likely to grow even more important. In this context, Members of Congress often have an interest in understanding the complexities of EU policy making, assessing the compatibility and effectiveness of U.S. and EU policy...
Reauthorization of the FISA Amendments Act
On December 30, 2012, President Obama signed H.R. 5949, the Foreign Intelligence Surveillance Act (FISA) Amendments Act Reauthorization Act of 2012, which extends Title VII of FISA until December 31, 2017.
Reauthorizations of expiring provisions of FISA have been an annual occurrence in Congress since 2009. Prior to 2012, the legislative debate and reauthorizations largely dealt with three amendments to FISA that are commonly linked to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). Most...
Foreign Ownership of U.S. Financial Assets: Implications of a Withdrawal
This report provides an overview of the role foreign investment plays in the U.S. economy and an assessment of possible actions a foreign investor or a group of foreign investors might choose to take to liquidate their investments in the United States. Concerns over the potential impact of disinvestment have grown as national governments have become more active investors in the U.S. economy and as innovation in creating financial instruments has increased volatility in financial markets. Such concerns seem out of step with the experience of the 2008-2009 financial crisis, during which the...
El Salvador: Political and Economic Conditions and U.S. Relations
Congress has maintained a strong interest in developments in El Salvador, a small Central American country with a population of 6 million. During the 1980s, El Salvador was the largest recipient of U.S. aid in Latin America as its government struggled against the leftist Farabundo Marti National Liberation Front (FMLN) insurgency during a 12-year civil war. A peace accord negotiated in 1992 brought the war to an end and formally assimilated the FMLN into the political process as a political party. After the peace accords were signed, U.S. involvement shifted toward helping successive...
U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2013 Appropriations
Geographic proximity has forged strong linkages between the United States and the nations of Latin America and the Caribbean, with critical U.S. interests in the region encompassing economic, political, and security concerns. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to advancing democracy and open markets since the 1990s. Current U.S. policy toward the region is designed to promote economic and social opportunity, ensure citizen security, strengthen effective democratic...
The Berne Union, or the International Union of Credit and Investment Insurers, is an international organization comprised of more than 70 public and private sector members that represent both public and private segments of the export credit and investment insurance industry. Members range from highly developed economies to emerging markets, from diverse geographical locations, and from a spectrum of viewpoints about approaches to export credit financing and investment insurance. Within the Berne Union, the United States is represented by the U.S. Export-Import Bank (Eximbank) and the...
Fluoride in Drinking Water: A Review of Regulatory Issues and Developments
According to the Centers for Disease Control and Prevention (CDC), in 2010, 73.9% of the people in the United States who receive their water from a public water system received fluoridated water (roughly 204.3 million people). One of CDC’s national health goals is to increase the proportion of the U.S. population served by community water systems with “optimally” fluoridated drinking water to 79.6% by 2020. The decision to add fluoride to a water supply is made by local or state governments. The Department of Health and Human Services (HHS) had long recommended an optimal fluoridation...
Congressional Authority to Regulate Firearms: A Legal Overview
Congress has broad authority pursuant to the Commerce Clause to enact laws in areas that may overlap with traditional state jurisdiction. As such, Congress has passed complex statutory provisions that regulate the possession, receipt, transfer, and manufacture of firearms and ammunition. Generally, courts have upheld the validity of firearms laws pursuant to Congress’s commerce power. However, courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority...
The Workforce Investment Act of 1998 (WIA; P.L. 105-220) is the primary federal program that supports workforce development activities, including job search assistance, career development, and job training. WIA established the One-Stop delivery system as a way to co-locate and coordinate the activities of multiple employment programs for adults, youth, and various targeted subpopulations. The delivery of these services occurs primarily through more than 3,000 One-Stop career centers nationwide.
The authorizations for appropriations for most programs under the WIA expired at the end of...
Long-Term Services and Supports: Overview and Financing
This report provides an overview of Long-term services and supports (LTSS), including who needs LTSS, how need for LTSS is determined, and how much LTSS costs. The report also provides information on who the primary LTSS payers are, how much they spend, and what types of services are purchased.
Battery Manufacturing for Hybrid and Electric Vehicles: Policy Issues
The United States is one of several countries encouraging production and sales of fully electric and plug-in hybrid electric vehicles to reduce oil consumption, air pollution, and greenhouse gas emissions. The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) provided federal financial support to develop a domestic lithium-ion battery supply chain for electric vehicles. Some of these companies have brought on new production capacity, but others have gone bankrupt or idled their plants. While early in his Administration President Obama forecast that 1 million plug-in...
Integration of Drones into Domestic Airspace: Selected Legal Issues
Under the FAA Modernization and Reform Act of 2012, P.L. 112-95, Congress has tasked the Federal Aviation Administration (FAA) with integrating unmanned aircraft systems (UASs), sometimes referred to as unmanned aerial vehicles (UAVs) or drones, into the national airspace system by September 2015. Although the text of this act places safety as a predominant concern, it fails to address significant, and up to this point, largely unanswered legal questions.
For instance, several legal interests are implicated by drone flight over or near private property. Might such a flight constitute a...
Foreign Investment and National Security: Economic Considerations
The United States is the largest foreign direct investor in the world and also the largest recipient of foreign direct investment. This dual role means that globalization, or the spread of economic activity by firms across national borders, has become a prominent feature of the U.S. economy and that through direct investment the U.S. economy has become highly enmeshed with the broader global economy. This also means that the United States has important economic, political, and social interests at stake in the development of international policies regarding direct investment. With some...
Financial Market Supervision: Canada's Perspective
This report presents an overview of Canada's financial system and its supervisory framework and draws some distinctions between that system and the current U.S. framework.
Alternative Fuels and Advanced Technology Vehicles: Issues in Congress
Alternative fuels and advanced technology vehicles are seen by proponents as integral to improving urban air quality, decreasing dependence on foreign oil, and reducing emissions of greenhouse gases. However, major barriers—especially economics—currently prevent the widespread use of these fuels and technologies. Because of these barriers, and the potential benefits, there is continued congressional interest in providing incentives and other support for their development and commercialization.
Key tax incentives for the use of biofuels, for the expansion of alternative fuel infrastructure,...
FEMA Disaster Cost-Shares: Evolution and Analysis
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (The Stafford Act, P.L. 93-288) includes the Public Assistance (PA) program, Sections 406 and 407 of the act. These sections provide assistance to states, local governments and non-profit organizations for debris removal and rebuilding of the public and non-profit infrastructure. The Stafford Act is a partnership between the federal and state governments and part of the partnership is the notion that state and local governments should have some “skin in the game.” That is, they should contribute toward some of the costs...
Second Amendment Challenges to Firearms Regulations Post-Heller
The U.S. Supreme Court in District of Columbia v. Heller held that the Second Amendment to the U.S. Constitution protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that firearm for traditionally lawful purposes, such as self-defense within the home. It also held that the Second Amendment applies to the states in McDonald v. City of Chicago. Since then, federal and state firearms laws have been challenged under the Second Amendment. Lower courts have been disputed in determining how to evaluate these provisions, given that the Heller...
Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses
The prospect of drone use inside the United States raises far-reaching issues concerning the extent of government surveillance authority, the value of privacy in the digital age, and the role of Congress in reconciling these issues.
Drones, or unmanned aerial vehicles (UAVs), are aircraft that can fly without an onboard human operator. An unmanned aircraft system (UAS) is the entire system, including the aircraft, digital network, and personnel on the ground. Drones can fly either by remote control or on a predetermined flight path; can be as small as an insect and as large as a...
North Korea’s Nuclear Weapons: Technical Issues
This report summarizes what is known from open sources about the North Korean nuclear weapons program—including weapons-usable fissile material and warhead estimates—and assesses current developments in achieving denuclearization. Little detailed open-source information is available about the DPRK’s nuclear weapons production capabilities, warhead sophistication, the scope and success of its uranium enrichment program, or extent of its proliferation activities. In total, it is estimated that North Korea has between 30 and 50 kilograms of separated plutonium, enough for at least half a...
State, Foreign Operations, and Related Programs: FY2013 Budget and Appropriations
International affairs expenditures typically amount to about 1.5% of the total federal budget. While some foreign policy and defense experts view that share as a small price to pay for a robust foreign affairs budget that they believe is essential to meeting national security and foreign policy objectives, others see international affairs spending, particularly foreign aid, as an attractive target for significant spending cuts in order to reduce deficit spending.
On February 13, 2012, the Obama Administration submitted its FY2013 budget proposal. The FY2013 request totaled $54.87 billion...
Carbon Tax: Deficit Reduction and Other Considerations
In the context of budget deficit and fiscal policy debates, policymakers have considered a number of options for raising additional federal revenues, including a carbon tax. A carbon tax could apply directly to carbon dioxide (CO2) and other greenhouse gas (GHG) emissions, or to the inputs (e.g., fossil fuels) that lead to the emissions. Unlike a tax on the energy content of each fuel (e.g., Btu tax), a carbon tax would vary with a fuel’s carbon content, as there is a direct correlation between a fuel’s carbon content and its CO2 emissions.
Carbon taxes have been proposed for many years...
Unemployment Compensation (UC): Eligibility for Students Under State and Federal Laws
The recent economic recession and subsequent recovery period has produced one of the most challenging labor markets in recent decades. Many workers lost their jobs during this time period, as others were just entering the market for the first time. As a strategy to cope with the difficult employment situation, many individuals entered school to acquire skills to become more competitive, while others never left, remaining in school to postpone the employment search. However, due to the prolonged nature of the recovery, many students and workers remain jobless and struggle to find work....
The Exon-Florio National Security Test for Foreign Investment
This report covers the recent background of the Exon-Florio provision with special regards to issues faced in the 112th Congress. The Exon-Florio provision grants the President the authority to block proposed or pending foreign acquisitions of "persons engaged in interstate commerce in the United States" that threaten to impair the national security.
Foreign Investment, CFIUS, and Homeland Security: An Overview
The President is generally seen as exercising broad discretionary authority over developing and implementing U.S. direct investment policy, including the authority to suspend or block investments that “threaten to impair the national security.” Congress is also directly involved in formulating the scope and direction of U.S. foreign investment policy. At times, some Members have urged the President to be more aggressive in blocking certain types of foreign investments. Such confrontations reflect vastly different philosophical and political views between Members of Congress and between...
Department of Defense Energy Initiatives: Background and Issues for Congress
The Department of Defense (DOD) spends billions of dollars per year on fuel, and is pursuing numerous initiatives for reducing its fuel needs and changing the mix of energy sources that it uses. DOD’s energy initiatives pose several potential oversight issues for Congress, and have been topics of discussion and debate at hearings on DOD’s proposed FY2013 budget.
By some accounts, DOD is the largest organizational user of petroleum in the world. Even so, DOD’s share of total U.S. energy consumption is fairly small. DOD is by far the largest U.S. government user of energy. The amount of...
For the past 18 months, Mali has been mired in overlapping security, political, and humanitarian crises. A separatist rebellion launched in 2011 aggravated intra-military and political tensions in the country. In March 2012, junior military officers—led by a former participant in U.S. training programs—carried out a coup that overthrew a democratically elected government. Islamist extremist groups, including Al Qaeda in the Islamic Maghreb, a U.S.-designated Foreign Terrorist Organization, took advantage of the ensuing chaos to expand their presence in Mali’s vast, Saharan north. In the...
Energy Projects on Federal Lands: Leasing and Authorization
Recent concerns over energy supply and pricing have led some to look increasingly to federal lands as a potential energy source. This report explains the legal framework for energy leasing and permitting for onshore lands subject to the control of the federal government.
The report first reviews the laws and regulations affecting leasing of federal lands for exploration and production of oil, natural gas, and coal, as well as the permits that lessees must obtain in order to explore for and produce these resources. This leasing process has evolved over the last century under the framework...
Permanent Normal Trade Relations (PNTR) Status for Russia and U.S.-Russian Economic Ties
U.S.-Russian trade is governed by Title IV of the Trade Act of 1974, which sets conditions on Russia’s normal trade relations (NTR), or nondiscriminatory, status, including the “freedom-of-emigration” requirements of the Jackson-Vanik amendment (Section 402). Changing Russia’s trade status to unconditional NTR or “permanent normal trade relations status (PNTR)” requires legislation to lift the restrictions of Title IV as they apply to Russia and authorize the President to grant Russia PNTR by proclamation. On November 16, 2012, the House passed (365-43), and on December 6, 2012, the Senate...
Individual Retirement Accounts (IRAs): Issues and Proposed Expansion
Current law provides many incentives to promote saving. The goal of these provisions is to increase saving for special purposes such as education or retirement, and to increase national saving. Increased national saving can lead to faster wealth and capital accumulation, which can boost future national income.
An increasingly important retirement saving vehicle is the individual retirement account (IRA). IRA savings is encouraged by two mechanisms—a carrot approach and a stick approach. First, tax provisions allow individuals to defer taxes on IRA contributions and investment earnings or...
The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications
Under the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. On January 4, 2012, while the Senate was holding periodic “pro forma” sessions, President Obama invoked his recess appointment power and unilaterally appointed Richard Cordray as Director of the Consumer...
Congressional Authority to Enact Criminal Law: An Examination of Selected Recent Cases
The powers of Congress begin and end with the Constitution. The Constitution vests Congress with explicit authority to enact criminal laws relating to counterfeiting, piracy, crimes on the high seas, offenses against the law of nations, and treason. It grants Congress other broad powers, such as the power to regulate interstate commerce. The Constitution’s Necessary and Proper Clause allows Congress to enact criminal laws when reasonably related to the regulation of commerce or to one of the other constitutionally enumerated powers. The Constitution also imposes limits on the powers of...
Inflation: Causes, Costs, and Current Status
Since the end of World War II, the United States has experienced almost continuous inflation—the general rise in the price of goods and services. It would be difficult to find a similar period in American history before that war. Indeed, prior to World War II, the United States often experienced long periods of deflation. Note that the Consumer Price Index (CPI) in 1941 was virtually at the same level as in 1807.
For more than two decades, the inflation rate has remained low, in contrast to the 1970s and early 1980s. This is true regardless of which of the many available official price...
The Eurozone Crisis: Overview and Issues for Congress
Crisis Overview
What started as a debt crisis in Greece in late 2009 evolved into a broader economic and political crisis in the Eurozone and European Union (EU). The Eurozone faces four major, and related, economic challenges: (1) high debt levels and public deficits in some Eurozone countries; (2) weaknesses in the European banking system; (3) economic recession and high unemployment in some Eurozone countries; and (4) persistent trade imbalances within the Eurozone.
The economic crisis also turned into a political crisis. A combination of deep cuts in public spending, rising...
Intelligence Authorization Legislation: Status and Challenges
Since President Bush signed the FY2005 Intelligence Authorization Act (P.L. 108-487) in December 2004, no subsequent intelligence authorization legislation was enacted until the FY2010 bill was signed by President Obama in October 2010 (after the end of FY2010), becoming P.L. 111-259. Although the National Security Act requires intelligence activities to be specifically authorized, this requirement had been satisfied in previous years by one-sentence catchall provisions in defense appropriations acts authorizing intelligence activities. This procedure meets the statutory requirement but...
Cloud Computing: Constitutional and Statutory Privacy Protections
Cloud computing is fast becoming an integral part of how we communicate with one another, buy music, share photos, conduct business, pay our bills, shop, and bank. Many of the activities that once occurred solely in the physical world, including communications with one another, are increasingly moving to the digital world. What was once a letter to a friend is now a Facebook message; a call to a loved one is now a Skype chat; a private meeting with a business partner is now a video conference call. In short, the cloud is revolutionizing not only how we compute, but also how we live. Where...
Communication between Members of Congress and their constituents has changed with the development of new online social networking services. Many Members now use e-mail, official websites, blogs, YouTube channels, Twitter, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 20 years ago.
Social networking services have arguably served to enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for communication between the Member and individual constituents....
On March 12, 2013, House Budget Committee Chairman Paul Ryan released the chairman’s mark of the FY2014 House budget resolution together with his report entitled The Path to Prosperity: A Responsible Balanced Budget, which outlines his budgetary objectives. The House Budget Committee considered and amended the chairman’s mark on March 13, 2013, and voted to report the budget resolution to the full House. H.Con.Res. 25 was introduced in the House March 15, 2013, and was accompanied by the committee report (H.Rept. 113-17). H.Con.Res. 25 was agreed to by the House on March 21, 2013.
A...
Hedge Fund Speculation and Oil Prices
Dramatic swings in crude oil prices have led Congress to examine the functioning of the markets where prices are set. A particular concern is that financial speculators may at times drive prices above the level justified by supply and demand. Most oil speculators produce no commercial quantities of oil and take no deliveries; rather, they trade financial contracts whose value is linked to the price of oil. These derivative contracts—futures, options, and swaps—allow speculators to profit if they can forecast price trends or exploit new arbitrage opportunities. Derivatives also permit oil...
Proposed Keystone XL Pipeline: Legal Issues
In 2008, TransCanada Corp. applied for a presidential permit from the State Department to construct and operate an oil pipeline across the U.S.-Canada border in a project known as Keystone XL. The Keystone XL pipeline would transport oil produced from oil sands in Alberta, Canada, to Gulf Coast refineries. The permit application was subjected to review by the State Department pursuant to executive branch authority over cross-border pipeline facilities as articulated in Executive Order 13337, and subsequently denied by the State Department. Pursuant to the requirements of legislation passed...
Selected Resources on Federal Oversight of Compounding Pharmacies
An outbreak of a rare, non-contagious form of fungal meningitis in 2012 has sickened over 700 individuals in 20 states. There has been extensive policy discussion and news coverage about the safety of compounded drugs and the role of federal and state governments in regulating compounded drugs and compounding pharmacies. A number of policy questions about Food and Drug Administration authority and resources were raised in congressional hearings held by the Energy and Commerce Committee of the U.S. House of Representatives, and the Health, Education, Labor, and Pensions Committee of the...
Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment
One common concern about federal agencies is the speed with which they are able to issue and implement regulations. Federal regulatory schemes can be quite complex, and establishing rules and completing adjudications can sometimes require substantial agency resources and significant amounts of time. However, critics point out that sometimes an agency can simply take too long to a complete task. Commentators and courts have noted that such agency delay can impact the effectiveness of a regulatory scheme. It can also impact regulated entities that must wait for final agency action. In some...
Malawi: Recent Developments and U.S. Relations
President Barack Obama’s Administration and a number of Members of Congress welcomed Malawian President Joyce Banda’s accession to power, largely because she reversed a number of controversial decisions taken by her predecessor, Bingu wa Mutharika. Banda succeeded him after he died in early April 2012 while serving a contentious second term. Banda’s status as Africa’s second female president, an internationally recognized women’s rights advocate, and a leader with socioeconomic development expertise has also attracted U.S. and other international support for her. There are some indications...
Understanding China’s Political System
This report is designed to provide Congress with a perspective on the contemporary political system of China, the only Communist Party-led state in the G-20 grouping of major economies. China’s Communist Party dominates state and society in China, is committed to maintaining a permanent monopoly on power, and is intolerant of those who question its right to rule. Nonetheless, analysts consider China’s political system to be neither monolithic nor rigidly hierarchical. Jockeying among leaders and institutions representing different sets of interests is common at every level of the system....
The National Broadband Plan Goals: Where Do We Stand?
On March 16, 2010, the Federal Communications Commission (FCC) released Connecting America: The National Broadband Plan. The National Broadband Plan (NBP) identified significant gaps in broadband availability and adoption in the United States, and in order to address those gaps and other challenges, the NBP set specific goals to be achieved by the year 2020. Goals were set for next generation broadband service; universal broadband service; mobile wireless broadband innovation and coverage; broadband access of Community Anchor Institutions; a nationwide, wireless, interoperable broadband...
On January 25, 2013, the Senate approved two resolutions affecting the process for considering legislation and nominations. S.Res. 15 established two standing orders of the Senate that will apply only in the 113th Congress; S.Res. 16 made two changes to the standing rules of the Senate.
Section 1 of S.Res. 15 creates a special motion to proceed that could be approved by majority vote after four hours of debate. (Most motions to proceed are not subject to any limit on debate, and therefore a cloture process and three-fifths support may be required to reach a vote.) A bill brought before...
In the 112th Congress, the House passed two bills to address the long-standing regulatory impasse over coal combustion residuals (CCRs). The impasse originated in 1980, when an amendment to the Resource Conservation and Recovery Act (RCRA) excluded CCRs from regulation as a hazardous waste, pending further study by the Environmental Protection Agency (EPA). That study was required to identify adverse effects on human health and the environment, if any, of CCR disposal and use before determining whether the materials should be subject to hazardous waste requirements.
For over 30 years, EPA...
Publishing Scientific Papers with Potential Security Risks: Issues for Congress
The federal government generally supports the publication of federally funded research results because wide dissemination may drive innovation, job creation, technology development, and the advance of science. However, some research results could also be used for malicious purposes. Congress, the Administration, and other stakeholders are considering whether current policies concerning publishing such research results sufficiently balances the potential benefits with the potential harms. The current issues under debate cut across traditional policy areas, involving simultaneous...
Guns, Excise Taxes, and Wildlife Restoration
A federal excise tax on the manufacture, production, importation, and sale of firearms, shells, and cartridges, as well as archery equipment, provides funds for matching grants to states and territories for wildlife conservation, hunter education, and public shooting ranges. The program is called the Wildlife Restoration Fund, or Pittman-Robertson (P-R). The tax does not distinguish between equipment that is commonly used in hunting versus equipment that is rarely suitable for such use. The program has mandatory spending authority to the extent of receipts, and funds are distributed on a...
Supporting Criminal Justice System Reform in Mexico: The U.S. Role
Fostering security, stability, and democracy in neighboring Mexico is seen by analysts to be in the U.S. national security and economic interest. Reforming Mexico’s often corrupt and inefficient criminal justice system is widely regarded as crucial for combating criminality, strengthening the rule of law, and better protecting citizen security and human rights in the country. Congress has provided significant support to help Mexico reform its justice system in order to make current anticrime efforts more effective and to strengthen the system over the long term.
U.S. and Mexican officials...
U.S. and World Coal Production, Federal Taxes, and Incentives
Even though U.S. coal production remained strong over the past decade, reaching record levels of production, coal is losing its share of overall U.S. energy production primarily to natural gas. One of the big questions for the industry is how to penetrate the overseas market, particularly in steam coal, to compensate for declining domestic demand. As U.S. energy policy and environmental regulations are constantly debated, there is ongoing congressional interest in the role of coal in meeting U.S. and global energy needs. The question may not be whether the domestic production of coal is...
On October 17, 2006, the Environmental Protection Agency (EPA) published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM). Several states and industry, agriculture, business, and environmental and public health advocacy groups petitioned the U.S. Court of Appeals for the District of Columbia Circuit, challenging certain aspects of EPA’s revisions. A February 24, 2009, decision by the D.C. Circuit granted the petitions in part, denying other challenges, and remanded the standards to EPA for further consideration but did...
A Unified National Security Budget? Issues for Congress
In recent years a number of observers and practitioners have identified various facets of U.S. government national security practice—decision-making, strategy-making, budgeting, planning and execution, and congressional oversight—as inherently “cross-cutting.” They have in mind arenas—such as counterterrorism, and stabilization and reconstruction—that by definition involve multiple agencies, or for which responsibilities could be divided up in any number of ways among various agencies. For such facets of national security, they argue, the U.S. government is seldom able to conduct genuinely...
Tax Issues Relating to Charitable Contributions and Organizations
Prior to the financial crises and subsequent recession, the value of tax benefits for charitable contributions and organizations was estimated to be around $100 billion per year. About half of this cost arose from the deductions for charitable contributions with the other half from exemptions of earnings of nonprofits. In 2010, the deduction for charitable contributions resulted in an estimated $40 billion in federal revenue losses. On average, endowment investments in 2009 experienced losses, meaning that the federal government did not lose revenues from exempting asset returns from...
U.S. Policy Towards Burma: Issues for the 113th Congress
U.S. policy towards Burma has undergone a discernible shift in its approach since a quasi-civilian government was established in March 2011. While the overall objectives of U.S. policy towards the country remain in place—the establishment of civilian democratic government based on the rule of law and the protection of basic human rights—the Obama Administration has moved from a more reactive, “action-for-action” strategy and a skeptical and cautious attitude towards the newly created Union Government and Union Parliament to a more proactive mode. The new approach is designed to foster...
Analysis of the Sandy Recovery Improvement Act of 2013
Hurricane Sandy caused extensive human suffering and damage to public and private property. In response to this catastrophic event, Congress considered legislation to provide supplemental appropriations to federal disaster assistance programs. In addition, Congress considered revisions to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act, P.L. 93-288 as amended), which is the primary source of authorities for disaster assistance programs for the Federal Emergency Management Agency (FEMA). As a result, Congress passed the Sandy Recovery Improvement Act of...
New Zealand: U.S. Security Cooperation and the U.S. Rebalancing to Asia Strategy
As part of its strategy to rebalance toward Asia the Obama Administration has greatly expanded cooperation and reestablished close ties with New Zealand. Changes in the security realm have been particularly notable as the two sides have restored close defense cooperation, which was suspended in the mid-1980s due to differences over nuclear policy. The two nations are now working together increasingly closely in the area of defense and security cooperation while also seeking to coordinate efforts in the South Pacific. The United States and New Zealand are also working together to help shape...
Hydraulic Fracturing: Chemical Disclosure Requirements
Hydraulic fracturing is a technique used to free oil and natural gas trapped underground in low-permeability rock formations by injecting a fluid under high pressure in order to crack the formations. The composition of a fracturing fluid varies with the nature of the formation, but typically contains mostly water; a proppant to keep the fractures open, such as sand; and a small percentage of chemical additives. Some of these additives may be hazardous to health and the environment.
The Shale Gas Production Subcommittee of the Secretary of Energy Advisory Board has recommended public...
The Judgment Fund: History, Administration, and Common Usage
The Judgment Fund is a permanent, indefinite appropriation that was created by Congress in 1956 to pay judgments entered against the United States. Generally, the United States cannot be sued unless it has waived its sovereign immunity. Originally, such waivers were rare, so individual claims were assigned to congressional committees, which in turn appropriated funds to satisfy the judgments. Prior to the creation of the Judgment Fund, the number of claims grew rapidly, taking up an increasing amount of Congress’s time and resources. Eventually, the Judgment Fund was created to reduce...
Major U.S. Arms Sales and Grants to Pakistan Since 2001
A brief listing of major arms sales and grants made to Pakistan since 2001.
U.S. Trade and Investment in the Middle East and North Africa: Overview and Issues for Congress
U.S. interest in deepening economic ties with certain countries in the Middle East and North Africa (MENA) has increased in light of the political unrest and transitions that have swept the region since early 2011. Policymakers in Congress and the Obama Administration are discussing ways that U.S. trade and investment can bolster long-term economic growth in the region. In May 2011, President Obama announced the MENA “Trade and Investment Partnership Initiative” (MENA-TIP), through which various federal government agencies are engaged in efforts to enhance trade and investment with the...
Public Access to Data from Federally Funded Research: Provisions in OMB Circular A-110
The results of scientific studies are often used in making government policy decisions. While the studies are often published, traditional federal research funding policies did not require the data on which they are based to be made available publicly. Such policies did, however, generally require researchers to share data and physical samples with other scientists after publication of the research. A rider, often called the Shelby Amendment or Data Access Act, that was attached to the Omnibus Appropriations Act for FY1999, P.L. 105-277, mandated the Office of Management and Budget (OMB)...
Southwest Border Violence: Issues in Identifying and Measuring Spillover Violence
There has been an elevated level of drug trafficking-related violence within and between the drug trafficking organizations in Mexico. This violence has generated concern among U.S. policy makers that the violence in Mexico might spill over into the United States. U.S. federal officials have denied that the increase in drug trafficking-related violence in Mexico has resulted in a spillover into the United States, but they acknowledge that the prospect is a serious concern.
The most recent threat assessment indicates that the Mexican drug trafficking organizations pose the greatest drug...
Base Realignment and Closure (BRAC): Transfer and Disposal of Military Property
The Defense Base Closure and Realignment Act of 1990 (P.L. 100-526) and the Federal Property and Administrative Services Act of 1949 (P.L. 81-152) provide the basic framework for the transfer and disposal of military installations closed during the base realignment and closure (BRAC) process. In general, property at BRAC installations is first subjected to screening for use by the Department of Defense and by other federal agencies. If no federal use for the property can be found or if an application for transfer is rejected, the property is deemed “surplus” to the needs of the federal...
The information provided in this report reflects law and policies prior to the 2013 Supreme Court decision in United States v. Windsor.
The federal government provides a variety of benefits to its 4.4 million civilian and military employees and 4.7 million civilian and military retirees. Among these benefits are health insurance; enhanced dental and vision benefits; survivor benefits; retirement and disability benefits; family, medical, and emergency leave; and reimbursement of relocation costs. Pursuant to Title 5 U.S.C. Chapters 89, 89A, 89B, and other statutes, federal employees may...
Leaders in both chambers of Congress have listed immigration reform as a legislative priority in the 113th Congress. Most policymakers agree that the main issues in “comprehensive immigration reform” (CIR) include increased border security and immigration enforcement, improved employment eligibility verification, revision of legal immigration, and options to address the millions of unauthorized aliens residing in the country. These elements were among the features that President Barack Obama emphasized when he called for the 113th Congress to take up CIR legislation.
Similar to President...
The purpose of this report is to provide a background on the long-standing efforts in sharing health information between Department of Defense (DOD) and the Department of Veterans Affairs (VA).
Securing America’s Borders: The Role of the Military
The Secretary of the Department of Homeland Security (DHS) is charged with preventing the entry of terrorists, securing the borders, and carrying out immigration enforcement functions. U.S. Customs and Border Protection (CBP), a component of DHS, has primary responsibility for securing the borders of the United States, preventing terrorists and their weapons from entering the United States, and enforcing hundreds of U.S. trade and immigration laws. Within CBP, the U.S. Border Patrol’s mission is to detect and prevent the illegal entry of aliens across the nearly 7,000 miles of Mexican and...
Prescription Drug User Fee Act (PDUFA): 2012 Reauthorization as PDUFA V
Title I of the Food and Drug Administration Safety and Innovation Act (FDASIA, P.L. 112-144) reauthorized the Prescription Drug User Fee Act (PDUFA) through September 30, 2017. Known as PDUFA V, this was the program’s fourth five-year reauthorization. The Prescription Drug User Fee Act (PDUFA), in 1992, gave the Food and Drug Administration (FDA) the authority to collect fees from the pharmaceutical industry and to use the revenue to support “the process for the review of human drug applications.”
PDUFA fees provided 52% of the Human Drugs Program funding for FY2012, accounting for more...
Garcia v. Vilsack: A Policy and Legal Analysis of a USDA Discrimination Case
The U.S. Department of Agriculture (USDA) has long been accused of unlawfully discriminating against minority and female farmers in the management of its various programs, particularly in its Farm Service Agency loan programs. While USDA has taken concrete steps to address these allegations of discrimination, the results of these efforts have been criticized by some. Meanwhile, some minority and female farmers who have alleged discrimination by USDA have filed various lawsuits under the Equal Credit Opportunity Act (ECOA) and the Administrative Procedure Act (APA). Pigford v. Glickman,...
Insourcing Functions Performed by Federal Contractors: Legal Issues
Recent Congresses and the Obama Administration have taken numerous actions to promote “insourcing,” or the use of government personnel to perform functions that contractors have performed on behalf of federal agencies. Among other things, the 109th through the 111th Congresses enacted statutes requiring the development of policies and guidelines to ensure that agencies “consider” using government employees to perform functions previously performed by contractors, as well as any new functions. The Obama Administration has similarly promoted insourcing, with officials calling for...
Azerbaijan: Recent Developments and U.S. Interests
Azerbaijan is an important power in the South Caucasus by reason of its geographic location and ample energy resources, but it faces challenges to its stability, including the unresolved separatist conflict involving Nagorno Karabakh (NK). Azerbaijan enjoyed a brief period of independence in 1918-1920, after the collapse of the Tsarist Russian Empire. However, it was re-conquered by Red Army forces and thereafter incorporated into the Soviet Union. It re-gained independence when the Soviet Union collapsed at the end of 1991. Upon independence, Azerbaijan continued to be ruled for a while...
Border Security: Understanding Threats at U.S. Borders
The United States confronts a wide array of threats at U.S. borders, ranging from terrorists who may have weapons of mass destruction, to transnational criminals smuggling drugs or counterfeit goods, to unauthorized migrants intending to live and work in the United States. Given this diversity of threats, how may Congress and the Department of Homeland Security (DHS) set border security priorities and allocate scarce enforcement resources?
In general, DHS’s answer to this question is organized around risk management, a process that involves risk assessment and the allocation of resources...
Genetically Engineered Fish and Seafood: Environmental Concerns
In the process of congressional oversight of executive agency regulatory action, concerns have been raised about the adequacy of the FDA’s review of a genetically modified (GM) salmon. More specifically, concern has focused on whether and how potential environmental issues related to this GM salmon might be addressed. In response to these concerns, several bills were introduced in the 112th Congress seeking to declare GM fish unsafe and thus prevent FDA approval of this salmon for human consumption or to require that GM fish be specifically labeled. No final action was taken on these bills...
State and Local Economic Sanctions: Constitutional Issues
States and localities have occasionally enacted measures restricting their agencies from conducting economic transactions with entities that do business with or in foreign countries whose conduct these jurisdictions find objectionable. While some maintain that sub-federal entities may enact such laws under sovereign proprietary powers and other constitutional prerogatives, others argue that these measures impermissibly invade federal commerce and foreign affairs authorities and may, in some cases, be preempted by federal statute. In 2000, the U.S. Supreme Court unanimously held in Crosby...
Summary Report: Congressional Action on the FY2013 Disaster Supplemental
On January 29, 2013, the Disaster Relief Appropriations Act, 2013, a $50.5 billion package of disaster assistance largely focused on responding to Hurricane Sandy, was enacted as P.L. 113-2.
In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and major disaster declarations for 12 states plus the District of Columbia. The Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and damages from...
The Environmental Protection Agency (EPA) published revisions to the Clean Air Act (CAA) National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM) on October 17, 2006. EPA’s actions leading up to and following promulgation of the 2006 standard have been the subject of considerable congressional oversight. EPA and states’ ongoing implementation of the standard, beginning with the designation of those geographical areas not in compliance, likewise has been an area of concern and debate among some Members of Congress, states, and other stakeholders for some...
Same-Sex Marriage and the Supreme Court: United States v. Windsor and Hollingsworth v. Perry
Recently, the Supreme Court agreed to weigh in on an issue that has long been a subject of controversy in the United States, namely, what types of restrictions, if any, may the government place on the ability of gay couples to enter legal marriages. The origin of the debate over same-sex marriage can be traced back to 1993, when the Hawaii Supreme Court issued a ruling that appeared likely to lead to recognition of same-sex marriage under the state’s constitution. In response, Congress enacted the Defense of Marriage Act (DOMA). Section 3 of DOMA created a new federal definition for the...
Comparing G-20 Reform of the Over-the-Counter Derivatives Markets
Derivatives, or financial instruments whose value is based on an underlying asset, played a key role in the financial crisis of 2008-2009. Congress directly addressed the governance of the derivatives markets through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203; July 21, 2010). This act, in Title VII, sought to bring the largely unregulated over-the-counter (OTC) derivatives markets under greater regulatory control and scrutiny. Pillars of this approach included mandating that certain OTC derivatives be subject to central clearing, such as through...
Congressional Authority to Limit Military Operations
Controversy continues over the appropriate role that Congress should play in regulating U.S. military operations against foreign entities. U.S. action against Libya reignited consideration of long-standing questions concerning the President’s constitutional authority to use military force without congressional authorization, as well as congressional authority to regulate or limit the use of such force. There may be a renewed focus in the 113th Congress on whether or to what extent Congress has the constitutional authority to legislate limits on the President’s authority to conduct military...
FY2013 Supplemental Funding for Disaster Relief
On January 29, 2013, the Disaster Relief Appropriations Act, 2013, a $50.5 billion package of disaster assistance largely focused on responding to Hurricane Sandy, was enacted as P.L. 113-2.
In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and the major disaster declarations for 12 states plus the District of Columbia. The Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and damages...
Exemptions for Firearms in Bankruptcy
The U.S. Supreme Court’s decisions regarding the nature of the people’s right to “keep and bear arms,” as guaranteed in the Second Amendment to the U.S. Constitution, has focused some interest on the extent to which firearms are protected from the reach of creditors under either federal or state laws. State laws protecting certain property from creditors’ claims may be used both in and outside of the bankruptcy context. Federal law may also protect certain property from creditors’ claims in bankruptcy.
Although a number of states have provisions explicitly shielding firearms from the...
Federal Assault Weapons Ban: Legal Issues
In the 113th Congress, there has been renewed congressional interest in gun control legislation. On January 16, 2013, President Obama announced his support for legislation on gun control, including a ban on certain semiautomatic assault firearms and large capacity ammunition feeding devices. Senator Dianne Feinstein introduced S. 150, the Assault Weapons Ban of 2013, which would prohibit, subject to certain exceptions, the sale, transfer, possession, manufacturing, and importation of specifically named firearms and other firearms that have certain features, as well as the transfer and...
Veterans’ Benefits: Current Life Insurance Programs
The Department of Veterans Affairs (VA) administers and supervises several life insurance programs for active servicemembers and veterans. The VA supervises the Servicemembers’ Group Life Insurance (SGLI) and Veterans’ Group Life Insurance (VGLI) programs, which are administered by the Office of Servicemembers’ Group Life Insurance (OSGLI), a division of Prudential Insurance Company of America. The Service-Disabled Veterans’ Insurance (S-DVI) program, on the other hand, is administered entirely by the VA. Access to VA-administered life insurance programs gives servicemembers and veterans,...
Unauthorized Aliens: Policy Options for Providing Targeted Immigration Relief
The 113th Congress is expected to consider comprehensive immigration reform legislation. If and when it does, a key challenge will be how to address the unauthorized alien population, estimated to number some 11 million. The unauthorized alien population is often treated as if it were monolithic, but it is, in fact, quite diverse. It includes individuals who entered the United States in different ways, for different reasons, and who have different types of connections to the United States. The circumstances of individuals who compose the unauthorized alien population affect their treatment...
Tolling of Interstate Highways: Issues in Brief
Toll roads Tolling Interstates Highway finance Public-private partnerships Congestion pricing Commerce Clause
Belarus: Background and U.S. Policy Concerns
Belarusian President Aleksandr Lukashenko snuffed out Belarus’s modest progress toward democracy and a free market economy in the early 1990s and created an authoritarian, Soviet-style regime. Belarus has close historical and cultural ties to Russia. Russian policy toward Belarus appears to be focused on gaining control of Belarus’s key economic assets while reducing the costs of subsidizing the Lukashenko regime.
For many years, the United States has limited ties to the regime while providing modest support to pro-democracy organizations in Belarus. The United States and the European...
Child Well-Being and Noncustodial Fathers
The structure of a family plays an important role in children’s well-being. A contributing factor to the high rates of child poverty over the long term, and the increase in child poverty during the period from 2001-2007, was the increasing likelihood of children living in families headed by a single female. In 2012, about one-third of all children lived in families without their biological father present. According to some estimates, about 50% of children (who are currently under age 18) will spend or have spent a significant portion of their childhood in a home without their biological...
Secretary of the Senate: Legislative and Administrative Duties
The Secretary of the Senate is an officer of the Senate elected at the beginning of each Congress by the membership of the Senate. The Secretary has financial, administrative, and legislative responsibilities derived from law, Senate rules, and other sources. In addition, the Senate Committee on Rules and Administration maintains oversight authority over the Secretary of the Senate and issues policies and regulations governing the Secretary’s duties and responsibilities. The Secretary of the Senate was established during the First Congress (1789-1791), when Samuel Allyne Otis was elected...
Health Benefits for Members of Congress
This report covers health benefits made available to Members of Congress through federal government employment, including Federal Employees Health Benefits Program (FEHBP), dental and vision insurance, flexible spending accounts, long-term care insurance, services at the Office of the Attending Physician and military hospitals, and Medicare. It also offers a comparison of FEHBP to health benefits offered by the private sector and state and local governments and a discussion of the effect of the Affordable Care Act (ACA) on Members' health benefits.
Agricultural Conservation and the Next Farm Bill
Reauthorization of the Food, Conservation, and Energy Act of 2008 (2008 farm bill) failed to pass in the 112th Congress, leaving it to the 113th Congress to continue the farm bill debate. The conservation title continues to receive attention and interest from farmers and ranchers as well as environmental and conservation organizations. Contentious issues raised in the 2012 farm bill debate might continue in the 113th Congress, specifically calls to reduce overall funding levels, including conservation, and the addition of crop insurance as a benefit lost under conservation compliance....
Animal Agriculture: Selected Issues in the 113th Congress
Animal agriculture is an important part of the U.S. agricultural economy, and consequently is important to U.S. policymakers. The farm value of animal production is estimated at $169 billion in 2012, nearly 44% of the total value of U.S. agricultural production. In addition, the value of animal product exports and imports grew to about $43 billion in 2012. Approximately 1.1 million of the nation’s more than 2.2 million farms were classified in the 2007 Census of Agriculture as primarily animal production operations. These included cattle farms and ranches; cattle feedlots; dairies;...
Role of Home State Senators in the Selection of Lower Federal Court Judges
This report examines the role that home state Senators, historically and in the contemporary era, have played in the selection of nominees to U.S. district court and circuit court of appeals judgeships. It also identifies issues that have arisen in recent years over the role of home state Senators in the selection process for federal judges. Report findings include the following:
Supported by the custom of “senatorial courtesy,” Senators of the President’s party have long played, as a general rule, the primary role in selecting candidates for the President to nominate to district court...
The FDA Medical Device User Fee Program
The Food and Drug Administration (FDA) is the agency responsible for the regulation of medical devices. These are a wide range of products that are used to diagnose, treat, monitor, or prevent a disease or condition in a patient. A medical device company must obtain FDA’s prior approval or clearance before marketing many medical devices in the United States. The Center for Devices and Radiological Health (CDRH) within FDA is primarily responsible for medical device review and regulation. CDRH activities are funded through a combination of public money (i.e., direct FDA appropriations from...
Tax Provisions to Assist with Disaster Recovery
Relief after a natural or man-made disaster may come from what many might consider an unlikely source: the Internal Revenue Code (IRC). The IRC includes several tax relief provisions that apply to affected taxpayers. Some of these provisions are permanent. The following are among the permanent provisions discussed in this report: casualty loss deductions, IRC Section 165; exemption from taxation for disaster relief payments to individuals, IRC Section 139; exemption from taxation for certain insurance payments, IRC Section 123; and deferral of gain from the involuntary conversion of...
Nondiscrimination in Environmental Regulation: A Legal Analysis
The enactment of various conservation and environmental protection statutes in the 1960s and 1970s created a new awareness of environmental harms. At the same time, the civil rights initiatives also secured nondiscrimination in a number of legal rights, including education, employment, housing, voting, etc. Over the following decades, the development of these movements eventually converged, raising concerns that minority groups face disproportionate exposure to environmental risks and harms.
Individuals and communities claiming to be disproportionately and adversely affected by how an...
The National Flood Insurance Program: Status and Remaining Issues for Congress
This report provides an analysis of flood risk management, summarizes major challenges facing the National Flood Insurance Program (NFIP), and outlines key reforms enacted in the Flood Insurance Reform Act of 2012. The report identifies and presents some key remaining flood management issues for congressional consideration, and concludes with a discussion of policy options for the future financial management of flood hazards in the United States.
Definition of Income for Certain Medicaid Provisions and Premium Credits in ACA
Under the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), the definition of income for eligibility for certain Medicaid populations and premium credits in the exchanges is based on modified adjusted gross income (MAGI). The initial intent of using MAGI was to standardize the definition of income for Medicaid eligibility purposes to reduce some of the variability and complexity that exists under the current program and to provide consistency between Medicaid and the health insurance exchange.
The use of MAGI, however, raised some concerns among Congress and the...
Foreign Aid: International Donor Coordination of Development Assistance
Many experts believe that improved coordination among donor governments and multilateral aid organizations could make global development assistance more efficient and effective. Proliferation of donors in recent decades, and fragmentation of aid among an increasing number of countries and projects, has increased calls for coordination. More than 45 countries and 21 multilateral organizations reported providing official development assistance (ODA) in 2010. An estimated 150 countries received this assistance in 2010, with the United States alone providing aid to 139 countries. Many...
Mental Disorders Among OEF/OIF Veterans Using VA Health Care: Facts and Figures
The mental health of veterans—and particularly veterans of Operations Enduring Freedom and Iraqi Freedom (OEF/OIF)—has been a topic of ongoing concern to Members of Congress and their constituents, as evidenced by hearings and legislation. Knowing the number of veterans affected by various mental disorders and actions the Department of Veterans Affairs (VA) is taking to address mental disorders can help Congress determine where to focus attention and resources.
Using data from the VA, this brief report addresses the number of veterans with (1) depression or bipolar disorder, (2)...
An Overview of the Tax Provisions in the American Taxpayer Relief Act of 2012
On December 31, 2012, a variety of temporary tax provisions that were part of the “fiscal cliff” expired. Two days later, the American Taxpayer Relief Act of 2012 (ATRA; P.L. 112-240) retroactively extended, and in certain cases modified, many of these provisions. The short time period between the expiration of these provisions and the enactment on January 2 of ATRA retroactively meant that from the perspective of all but upper-income taxpayers, income taxes remained unchanged between 2012 and 2013 (i.e., the amount of income tax withheld from their paycheck and the availability of certain...
Prospects for Coal in Electric Power and Industry
For most of the twentieth century, the primary use of coal in the United States was for electric power generation, and for most of the history of power generation in the United States, coal has been the dominant fuel used to produce electricity. Even as recently as 2011, coal was the fuel used for almost 42% of power generation in the United States accounting for 93% of coal use. Industrial uses represented the remaining 7%. However, in April 2012, coal’s share of the power generation market dropped to about 32% (according to Energy Information Administration statistics), equal to that of...
Domestic and dating violence in Indian country are reportedly at epidemic proportions. However, there is a practical jurisdictional issue when the violence involves a non-Indian perpetrator and an Indian victim. Indian tribes only have criminal jurisdiction over crimes involving Indian perpetrators and victims within their jurisdictions. Most states only have jurisdiction over crimes involving a non-Indian perpetrator and a non-Indian victim within Indian country located in the state. Although the federal government has jurisdiction over crime committed by non-Indians against Indians in...
The Food and Drug Administration Safety and Innovation Act (FDASIA, P.L. 112-144)
The Food and Drug Administration Safety and Innovation Act (FDASIA), P.L. 112-144, amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Food and Drug Administration (FDA) in performing its human drug, biological product, and medical device responsibilities. Frequently referred to as the user fee reauthorization act, FDASIA does include four titles relating to user fees. Titles I and II reauthorize the prescription drug and medical device user fee programs (PDUFA and MDUFA). Titles III and IV authorize new user fee programs for generic drugs (GDUFA) and...
The Earned Income Tax Credit (EITC): Changes for 2012 and 2013
The earned income tax credit (EITC), established in the tax code in 1975, provides cash assistance to lower income working parents and individuals through the tax system. The EITC will be higher in 2012 and 2013 than it was in 2011. An increase in the size of the EITC will occur because the maximum amount of earned income used to calculate the credit and the phase-out income level are indexed for inflation. The increases reflect the inflation adjustment.
For tax year 2012, the maximum EITC for tax filers without children was $475, and it will increase to $487 in 2013. For families with one...
U.S. Government Agencies Involved in Export Promotion: Overview and Issues for Congress
This report provides an overview of the federal government agencies that participate in U.S. export promotion efforts and the issues that they raise for Congress. The recent global economic downturn has renewed congressional debate over the role of the federal government in promoting exports. This debate has been heightened with the Obama Administration’s efforts to double U.S. exports under the National Export Initiative (NEI) and policy debates about possible reorganization of federal trade-related agencies. Some Members of Congress have placed greater priority on understanding the...
Medicare, Medicaid, and Other Health Provisions in the American Taxpayer Relief Act of 2012
Several policies that would have reduced spending and increased revenues were poised to take effect at the end of 2012; collectively, these were referred to by some as the “fiscal cliff.” Had these policies taken effect, CBO projected that the ensuing fiscal contraction would have resulted in a recession in 2013. On January 2, 2013, the President signed H.R. 8, the American Taxpayer Relief Act of 2012 (ATRA, P.L. 112-240), which prevented most—but not all—of the fiscal cliff policies from going into effect. This Act was passed by the Senate on January 1, 2013 by a vote of 89-8, and by the...
Provisions of Special Rules in the House: An Example of a Typical Open Rule
This report includes a typical example of a simple open rule that the House Committee on Rules may report to govern House floor action on a bill that is not otherwise privileged for consideration. This resolution has been divided into five parts.
The Unemployed and Job Openings: A Data Primer
New information that adds to the mix of labor market indicators may be useful to Congress. The ratio of unemployed persons per job opening provides information on how many unemployed persons on average there are for every job opening. It adds to the current mix of labor market indicators such as the unemployment rate, which is a measure of the excess supply of workers. In addition, it adds to employment statistics, which measures the demand for workers that have already been met by employers. By dividing the number of unemployed persons with the number of job openings, the ratio gauges the...
U.S. Trade Remedy Laws and Nonmarket Economies: A Legal Overview
Two major U.S. trade remedies are antidumping (AD) law, which combats the sale of imported products at less than their fair market value, and countervailing duty (CVD) law, which aims to offset foreign government subsidization of imported goods. If dumped or subsidized imports are found to cause or threaten material injury to a domestic industry, antidumping or countervailing duties will be imposed. Both remedies are available when goods are imported from competitor countries with free market policies. As of 1984, however, only AD law had been applied to goods from nonmarket or...
Withholding of Income Taxes and the Making Work Pay Tax Credit
The Making Work Pay (MWP) tax credit provided a refundable tax credit of up to $400 for individuals and up to $800 for married taxpayers filing joint returns in 2009 and 2010. The MWP tax credit expired on December 31, 2010. As a result of the expiration of the MWP tax credit, some taxpayers are finding that the amount of their income tax withholding had increased in 2011. In 2009 and 2010, as a result of the implementation of the MWP tax credit, some taxpayers may have found that their 2009 and 2010 income tax refunds were lower than they anticipated or that they owed taxes when they were...
Medicaid’s Federal Medical Assistance Percentage (FMAP), FY2014
Medicaid is a means-tested entitlement program that finances the delivery of primary and acute medical services as well as long-term care. Medicaid is jointly funded by the federal government and the states. The federal government’s share of a state’s expenditures is called the federal medical assistance percentage (FMAP) rate. The remainder is referred to as the nonfederal share, or state share.
Generally determined annually, the FMAP formula is designed so that the federal government pays a larger portion of Medicaid costs in states with lower per capita incomes relative to the national...
EPA’s Boiler MACT: Controlling Emissions of Hazardous Air Pollutants
On December 20, 2012, EPA Administrator Lisa Jackson signed final revisions to EPA’s 2011 Maximum Achievable Control Technology standards for boilers (the “Boiler MACT”). The Boiler MACT has been among the most controversial EPA regulations over the last three years, because of its wide reach and potential economic impact. Boilers are widely used for heat and power throughout industry, and by large commercial establishments and institutions, as well. EPA found it difficult to adequately characterize and develop emissions data for the many types of boilers, leading many in the regulated...
Unmanned Aircraft Systems (UAS): Manufacturing Trends
Unmanned aircraft systems (UAS) represent a bright spot for the technology-intensive aerospace manufacturing sector, but military and civil government agencies will likely be the predominant customers for an extended period while such systems are integrated into the U.S. National Airspace System ("national airspace"). This report discusses the market for UAS in 2013 and briefly discusses UAS manufacturers.
Electrical Power: Overview of Congressional Issues
The electric power industry is in the process of transformation. The electricity infrastructure of the United States is aging, and uncertainty exists around how to modernize the grid, and what technologies and fuels will be used to produce electricity in the future. Congress will likely be faced with policy issues regarding how the modernization of this vital industry will unfold.
For most of the 20th century, coal has been the dominant fuel used to produce electricity. In 2011, coal was the fuel used for almost 42% of power generation in the United States. However, coal use for power...
The United States and Mexico have a close and complex bilateral relationship as neighbors and partners under the North American Free Trade Agreement (NAFTA). Although security issues have recently dominated the U.S. relationship with Mexico, analysts predict that bilateral relations may shift toward economic matters now that President Enrique Peña Nieto has taken office. Peña Nieto of the Institutional Revolutionary Party (PRI) defeated leftist Party of the Democratic Revolution (PRD) candidate Andrés Manuel López Obrador and Josefina Vázquez Mota of the conservative National Action Party...
Civilian Extraterritorial Jurisdiction Act: Federal Contractor Criminal Liability Overseas
The United States government uses hundreds of thousands of civilian contractors and employees overseas. They and their dependants are often subject to local prosecution for the crimes they commit abroad. Whether by agreement, practice, or circumstance—sometimes they are not. The Military Extraterritorial Jurisdiction Act (MEJA) permits federal prosecution of certain crimes committed abroad by Defense Department civilian employees, contractors, or their dependants. The Civilian Extraterritorial Jurisdiction Act (CEJA; H.R. 2136) (Representative Price of North Carolina) and S. 1145 (Senator...
Cybersecurity: Cyber Crime Protection Security Act (S. 2111, 112th Congress)—A Legal Analysis
The Cyber Crime Protection Security Act (S. 2111) would enhance the criminal penalties for the cybercrimes outlawed in the Computer Fraud and Abuse Act (CFAA). Those offenses include espionage, hacking, fraud, destruction, password trafficking, and extortion committed against computers and computer networks. S. 2111 contains some of the enhancements approved by the Senate Judiciary Committee when it reported the Personal Data Privacy and Security Act (S. 1151), S.Rept. 112-91 (2011).
The bill would (1) establish a three-year mandatory minimum term of imprisonment for aggravated damage to a...
Business Investment and Employment Tax Incentives to Stimulate the Economy
According to the Business Cycle Dating Committee of the National Bureau of Economic Research (NBER), the U.S. economy was in recession from December 2007 to June 2009. Congress passed and the President signed an economic stimulus package, the American Recovery and Reinvestment Act of 2009 (P.L. 111-5), in February 2009. The $787 billion package included $286 billion in tax cuts to help stimulate the economy. Among the tax reductions, many were tax incentives directed to business. The preliminary estimate of fourth quarter real gross domestic product (GDP) growth is 5.9%; the unemployment...
Federal Contracting and Subcontracting with Small Businesses: Issues in the 112th Congress
Congress has generally broad authority to impose requirements upon the federal procurement process, or the process whereby agencies obtain goods and services from the private sector. One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with “small businesses” by federal agencies. Among other things, these measures (1) declare a congressional policy of ensuring that a “fair proportion” of federal contract and subcontract dollars are awarded to small businesses; (2) establish government-wide and...
The Increase in Unemployment Since 2007: Is It Cyclical or Structural?
The unemployment rate greatly increased after the onset of the latest recession in December 2007, when it measured 5.0%. The rate peaked at 10.0% in October 2009, four months after the recession’s official end in June 2009. More than three years into the recovery, the unemployment rate averaged 8.1% in 2012. Given its still elevated level, policymakers may continue to be concerned about how to spur economic growth and create jobs.
Over the past few years, Congress has used fiscal policy and the Federal Reserve (Fed) has used monetary policy to put the economy on a path toward the level of...
Domestic Food Assistance in 112th Congress 2012 Farm Bill Proposals: S. 3240 and H.R. 6083
Many provisions of the 2008 farm bill (P.L. 110-246) expired on September 30, 2012. On January 2, 2013, President Obama signed the American Taxpayer Relief Act (P.L. 112-240), which included an extension of the 2008 farm bill through September 30, 2013.
This report focuses on the Nutrition title (Title IV) of the 2012 farm bill proposals included in the 112th Congress’s Senate-passed bill (Agriculture Reform, Food, and Jobs Act of 2012; S. 3240) and House Committee-reported bill (Federal Agriculture Reform and Risk Management Act of 2012; H.R. 6083). These were five-year reauthorization...
U.S.-India Security Relations: Strategic Issues
In today’s fluid geopolitical environment, the relationship between the United States, the world’s oldest democracy and an established global power, and India, its most populous democracy and an aspiring global power, is seen as a key variable in the unfolding international dynamics of the 21st century. As U.S. foreign policy attention shifts toward the Asia-Pacific (or Indo-Pacific) region, and as India’s economic and military capabilities grow, Washington’s pursuit of a strategic partnership with New Delhi demonstrates that the mutual wariness of the Cold War era has rapidly faded. A...
Bosnia and Herzegovina: Current Issues and U.S. Policy
In recent years, many analysts have expressed concern that the international community’s efforts over the past 17 years to stabilize Bosnia and Herzegovina are failing. Milorad Dodik, president of the Republika Srpska (RS), one of the two semi-autonomous “entities” within Bosnia, has obstructed efforts to make Bosnia’s central government more effective. He has repeatedly asserted the RS’s right to secede from Bosnia, although he has so far refrained from trying to make this threat a reality. Some ethnic Croat leaders in Bosnia have called for more autonomy for Croats within Bosnia, perhaps...
Department of Defense Food Procurement: Background and Status
Military food items, also known as subsistence items, are generally procured under the auspices of the Defense Logistics Agency (DLA), an agency of the Department of Defense (DOD) which provides worldwide logistics support for the U.S. military services. Under DLA, DLA Troop Services (formerly the Defense Supply Center Philadelphia) is the inventory control point for food, clothing, textiles, medicines, medical equipment, general and industrial supplies, and services for the military, their eligible dependents, and other non-DOD customers worldwide. DLA Troop Services buys and manages...
Some types of postsecondary education programs at institutions of higher education that are eligible for participation in the federal student aid programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA), face additional conditions for Title IV aid eligibility. These programs, which are offered by public and private not-for-profit institutions of higher education and postsecondary vocational institutions, and by for-profit proprietary institutions of higher education, must prepare students for gainful employment in recognized occupations.
For many years, the...
The Endangered Species Act and “Sound Science”
The adequacy of the science supporting implementation of the Endangered Species Act (ESA) has received considerable congressional attention over the years. While many scientific decisions pass unremarked, some critics accuse agencies responsible for implementing the ESA of using “junk science,” and others counter that decisions that should rest on science are instead being dictated by political concerns.
Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as either endangered or threatened according to assessments of the risk of their...
Procedures for Considering Changes in Senate Rules
This report discusses procedures and related issues involved in considering changes to Senate rules. The Constitution empowers each house of Congress to determine its own rules. The Senate normally considers changes to its Standing Rules in the form of a simple resolution, which (like any ordinary measure) can be adopted by a majority of Senators voting, a quorum being present (“simple majority”). Like most measures, however, such a resolution is debatable. Senate rules place no general limits on how long consideration of a measure may last, and allow such limits to be imposed only by a...
Fishery, Aquaculture, and Marine Mammal Issues in the 112th Congress
Fish and marine mammals are important resources in open ocean and nearshore coastal areas; many federal laws and regulations guide their management as well as the management of their habitat. Aquaculture or fish farming enterprises seek to supplement food traditionally provided by wild harvests.
Commercial and sport fishing are jointly managed by the federal government and individual states. States generally have jurisdiction within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles in the federal exclusive economic zone (EEZ), the federal government (National Marine...
House Sergeant at Arms: Legislative and Administrative Duties
The Sergeant at Arms is an elected officer of the House of Representatives, nominated at the beginning of each Congress by the House majority leadership, and elected by the House membership. The Sergeant at Arms has law enforcement, protocol, and administrative responsibilities within the House.
“First Day” Proceedings and Procedural Change in the Senate
In the early weeks of the 112th Congress, the Senate considered proposals to change its Standing Rules, as well as proposals to alter other practices and procedures. Three resolutions that proposed to amend the Senate rules (S.Res. 8, S.Res. 10, as amended, and S.Res. 21, as amended) received votes, but none were agreed to. These three resolutions proposed a variety of changes, chiefly focused on the operation of the Senate’s cloture rule (Rule XXII). However, the Senate did agree to two proposals to establish new Senate standing orders (S.Res. 28 and S.Res. 29). S.Res. 28 established new...
Tax Cuts for Short-Run Economic Stimulus: Recent Experiences with Rebates and Bonus Depreciation
Although the economy is recovering from the 2007-2009 recession, unemployment continues to be high and further stimulus may be considered in the 113th Congress. Recent legislation in the American Taxpayer Relief Act of 2012 (P.L. 112-240) averted part of the so-called “fiscal cliff,” a set of tax increases and spending cuts that were scheduled to occur at the beginning of 2012. Shortly a decision must be made about continuing with sequestration, a set of automatic spending cuts that were delayed by two months by P.L. 112-240. In addition, while most changes were permanent, bonus...
Using Business Tax Cuts to Stimulate the Economy
Business tax cuts were part of the economic stimulus, included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5), provisions that were subsequently extended (in P.L. 111-240 and P.L. 111-315) by the American Taxpayer Relief Act of 2012, P.L. 112-240. The most important provision is bonus depreciation, which extends to the end of 2013.
Bonus depreciations provisions were enacted in 2002, as increased interest in providing business tax cuts to stimulate the economy followed the terrorist attacks of 2001, which heightened concerns about an economic slowdown. Among the tax...
The 113th Congress may consider a comprehensive reform of the nation’s immigration system (CIR), and during such discussions, the detention of noncitizens in the United States might be an issue. Congress may choose to reevaluate detention priorities (i.e., who should be detained, when they should be detained) and detention resources. Under the law, there is broad authority to detain foreign nationals (aliens/noncitizens) while awaiting a determination of whether the noncitizen should be removed from the United States. The law also mandates that certain categories of aliens are subject to...
Office of the House of Representatives Inspector General
The Office of the House of Representatives Inspector General conducts audits of the financial and administrative functions of House officers and joint entities. In accordance with government-wide standards for Inspectors General, the results of the audits are simultaneously provided to the subject of the audit and to the Speaker of the House of Representatives, the Majority Leader of the House, the Minority Leader of the House, and the chair and ranking minority Members of the Committee on Appropriations and the Committee on House Administration. In the event that financial irregularities...
The Earned Income Tax Credit (EITC): Legislative Issues
The Earned Income Tax Credit (EITC or EIC) began in 1975 as a temporary program to return a portion of the Social Security taxes paid by lower-income taxpayers, and was made permanent in 1978. In the 1990s, the program was transformed into a major component of federal efforts to reduce poverty, and is now the largest anti-poverty entitlement program. Tax year 2009 data show a total EITC amount of $59.7 billion for 27.2 million tax returns, yielding an average tax credit of $2,195. Most of the EITC (87.1%) was received as a refund (EITC exceeded tax liability) by low-income workers.
The...
An Analysis of Where American Companies Report Profits: Indications of Profit Shifting
This report uses data on the operations of U.S. multinational companies (MNCs) to examine the extent to which, if any, MNCs are moving profits out of high-tax countries (or out of the U.S.) and into low-tax countries with little corresponding change in business operations, a practice known as “profit shifting.” To do this, the profits reported by American firms in two groups of countries are compared with measures of real economic activity in those locations. The first group consists of the five countries commonly identified as being “tax preferred” or “tax haven” countries, and includes...
Agriculture and Related Agencies: FY2013 Appropriations
Note: Due to the late enactment of the FY2013 appropriation, this report summarizes action only through the end of the 112th Congress. Final amounts for FY2013 are presented in CRS Report R43110, Agriculture and Related Agencies: FY2014 and FY2013 (Post-Sequestration) Appropriations.
The Agriculture appropriations bill provides funding for all of the U.S. Department of Agriculture (USDA) except the Forest Service, plus the Food and Drug Administration (FDA) and, in alternating years, the Commodity Futures Trading Commission (CFTC).
FY2013 has begun under a continuing resolution (CR; P.L....
Savvy criminals constantly develop new techniques to target U.S. persons, businesses, and interests. Individual criminals as well as broad criminal networks exploit geographic borders, criminal turf, cyberspace, and law enforcement jurisdiction to dodge law enforcement countermeasures. Further, the interplay of these realities can potentially encumber policing measures. In light of these interwoven realities, policy makers may question how to best design policies to help law enforcement combat ever-evolving criminal threats.
Criminals routinely take advantage of geographic borders. They...
Patent Infringement and Experimental Use Under the Hatch-Waxman Act: Current Issues
Concerns over the availability of affordable health care have focused national attention upon patents and other intellectual property rights awarded to pharmaceutical firms. Legislation that was introduced before, but not enacted by, the 112th Congress proposed amendments to the Hatch-Waxman Act, legislation dating from 1984 that governs intellectual property rights in pharmaceuticals and other regulated products. Recent rulings from the federal judiciary regarding the Hatch-Waxman Act may be pertinent to future congressional consideration of that statute. Both the judicial holdings, as...
Religious Discrimination in Employment Under Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, religion, national origin, or sex. It prohibits employers from discriminating against employees on the basis of their religious beliefs and requires employers to make reasonable accommodations for employees’ religious practices. Title VII defines religion broadly and relies on an individual’s subjective understanding of his or her beliefs, which may result in broad protections for employees with sincerely held beliefs.
Congress has recognized that restrictions on employment...
According to the Centers for Disease Control and Prevention (CDC), about 1.4% of surveyed children living in the United States between the ages of 1 and 5 years have an unacceptably high level of lead in their blood (i.e., 10 micrograms or more of lead per deciliter of blood), which may result in learning disabilities, reduced intellectual ability, or other problems. Poor children are at special risk because elevated blood-lead levels are more prevalent among children from families with lower incomes, and inadequate nutrition can increase lead absorption by the body. Many sources of lead...
Authorized Generic Pharmaceuticals: Effects on Innovation
The practice of “authorized generics” has recently been the subject of considerable attention by the pharmaceutical industry, regulators, and members of Congress alike. An “authorized generic” (sometimes termed a “branded,” “flanking,” or “pseudo” generic) is a pharmaceutical that is marketed by or on behalf of a brand-name drug company, but is sold under a generic name. Although the availability of an additional competitor in the generic drug market would appear to be favorable to consumers, authorized generics have nonetheless proven controversial. Some observers believe that authorized...
Public Transportation New Starts Program: Background
The New Starts program is a discretionary funding program for the construction of new fixed-guideway public transportation systems and the expansion of existing systems. Eligible projects include transit rail, including subway/elevated rail (heavy rail), light rail, and commuter rail, as well as bus rapid transit (BRT) and ferries. Public transportation, as defined in federal law, does not include transportation by school bus, intercity bus, or intercity passenger rail (Amtrak).
The New Starts program is one element of the federal public transportation program that is administered by the...
The Alternative Minimum Tax for Individuals
Over time, the individual income tax has been used as a vehicle to promote various social and economic goals. This has been accomplished by according preferential tax treatment to certain items of income and expense. The net result, however, has been that by taking advantage of the preferences and incentives in the tax code, some individuals can substantially reduce their income taxes.
Congress, in 1969, enacted the predecessor to the current individual alternative minimum tax (AMT) to make sure that everyone paid at least a minimum of taxes and still preserve the economic and social...
Preventing Gun Violence While Protecting Gun Rights: CRS Experts
This report provides a table with names and contact information of CRS experts on policy issues related to preventing gun violence while protecting gun violence.
U.S. Wind Turbine Manufacturing: Federal Support for an Emerging Industry
Increasing U.S. energy supply diversity has been the goal of many Presidents and Congresses. This commitment has been prompted by concerns about national security, the environment, and the U.S. balance of payments. Investments in new energy sources also have been seen as a way to expand domestic manufacturing. For all of these reasons, the federal government has a variety of policies to promote wind power.
Expanding the use of wind energy requires installation of wind turbines. These are complex machines composed of some 8,000 components, created from basic industrial materials such as...
Enacted and Proposed Oil Spill Legislation in the 112th Congress
Recent oil spills, including the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, generated an increased level of interest in oil spill legislation during the 112th Congress. This report identifies enacted and proposed legislation from the 112th Congress that pertains to oil spill-related issues. For this report, oil spill-related issues include oil spill policy matters that concern prevention, preparedness, response, liability and compensation, and Gulf of Mexico restoration. In the context of this report, oil spill issues do not generally include matters pertaining to offshore...
Factors Affecting the Demand for Long-Term Care Insurance: Issues for Congress
As the 80 million baby boomers approach retirement, many are concerned they will not have sufficient savings to sustain their standard of living in retirement. Few, however, may be focused on another risk to their retirement security—the potential cost of financing often expensive long-term care services and supports (LTSS). LTSS include help with either functional or cognitive impairment and generally include assistance with activities such as bathing, eating, and dressing. For the majority of older Americans, the cost of obtaining paid help for these services may far exceed their...
Circular A-76 and the Moratorium on DOD Competitions: Background and Issues for Congress
This report discusses the status of the ongoing moratorium on the conduct of Department of Defense (DOD) public-private competitions under Office of Management and Budget (OMB) Circular A-76, and potential issues for Congress.
OMB Circular A-76 is a federal executive branch policy for managing public-private competitions to perform functions for the federal government. A-76 states that, whenever possible, and to achieve greater efficiency and productivity, the federal government should conduct competitions between public agencies and the private sector to determine who should perform the...
Motorized Recreation on Bureau of Land Management and Forest Service Lands
The growing and diverse nature of recreation on federal lands has increased the challenge of balancing different types of recreation with each other and with other land uses. Motorized recreation on lands managed by the Bureau of Land Management (BLM) and the Forest Service (FS) has been controversial, with issues centering on access and environmental impacts. Congress, as well as the Administration, has addressed motorized recreation on these federal lands.
The use of off-highway vehicles (OHVs) on FS and BLM land is governed by a number of authorities, including law, executive orders,...
FY2013 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Recent military operations in Iraq and ongoing operations in Afghanistan, along with the operational role of the Reserve Components, further heighten interest in a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on the House and Senate versions of the National Defense Authorization Act for FY2013. This report provides a brief synopsis of sections...
The Endangered Species Act (ESA) in the 112th Congress: Conflicting Values and Difficult Choices
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543) was enacted to increase protection for, and provide for the recovery of, vanishing wildlife and vegetation. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Habitat loss is the primary cause for listing species. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. Accordingly, when certain resources are associated with listed species—such as water...
United Nations Regular Budget Contributions: Members Compared, 1990-2010
The United States is the single largest contributor to the United Nations (U.N.) regular budget. As such, Members of the 113th Congress will likely continue to demonstrate an interest in the United States’ assessment level, the cost of the U.S. assessment each year, how U.S. contributions to the regular budget compare to those of other countries, and how assessment levels have changed over time.
This report provides the assessment level, actual payment, and total outstanding contributions for the United States and other selected U.N. member states from 1990 to 2010—the last year for which...
Cuba: Issues for the 112th Congress
Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. The government of Raúl Castro has implemented limited economic policy changes, including an expansion of self-employment. A party congress held in April 2011 laid out numerous economic goals that, if implemented, could significantly alter Cuba’s state-dominated economic model. Few observers expect the government to ease its tight control over the political system....
United Nations System Funding: Congressional Issues
The congressional debate over United Nations funding focuses on several questions, including (1) What is the appropriate level of U.S. funding for U.N. system operations and programs? (2) What U.S. funding actions are most likely to produce a positive continuation of U.N. system reform efforts?
The U.N. system includes the United Nations, a number of specialized or affiliated agencies, voluntary and special funds and programs, and U.N. peacekeeping operations. Participating states finance the system with assessed contributions to the budgets of the United Nations and its specialized...
Congressional Responses to Selected Work Stoppages in Professional Sports
Prior to the 2011 National Football League (NFL) lockout, developments in professional football’s labor-management relations had prompted questions regarding how, when, and in what manner a new collective bargaining agreement (CBA) might be drafted. Interest in this matter included, on the part of some observers, questions about how Congress responded to previous work stoppages in professional sports. In attempting to address this particular question, this report examines congressional responses to the 1982 and 1987 work stoppages in the NFL. With the conclusion of the 2011 NFL lockout in...
Physician Supply and the Affordable Care Act
An adequate physician supply is important for the effective and efficient delivery of health care services and, therefore, for population health and the cost and quality of health care. Assessments of the adequacy of physician supply often focus on three dimensions of the physician population: its size; its composition (e.g., the mix between primary care and specialty physicians); and its geographic distribution. Policies that aim to alter physician supply generally focus on both current and future supply along these three dimensions because physician training is a lengthy process;...
On March 13, 2010, the U.S. Department of Education (ED) released A Blueprint for Reform: The Reauthorization of the Elementary and Secondary Education Act (hereafter referred to as the Blueprint). The Elementary and Secondary Education Act (ESEA), particularly its Title I-A program for Education for the Disadvantaged, is the primary source of federal aid to K-12 education. The ESEA was initially enacted in 1965 (P.L. 89-10), and was most recently amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110).
The Blueprint indicates that it builds on reforms already...
Tobacco: Selected Legal Issues
Over the past couple of decades, the courts and Congress have been grappling with tobacco-related issues, among them, the Food and Drug Administration’s (FDA’s) authority to regulate certain tobacco products under the Federal Food, Drug, and Cosmetic Act (FFDCA); the Master Settlement Agreement (MSA) that resulted from lawsuits brought by states’ attorneys general against tobacco companies; federal, private party, and foreign lawsuits against tobacco companies; limits on tobacco advertising; restrictions on selling and distributing tobacco to minors; and the Federal Trade Commission’s...
The Rural Education Achievement Program: Title VI-B of the Elementary and Secondary Education Act
The No Child Left Behind Act of 2001 (NCLB, P.L. 107-110) established the Rural Education Achievement Program (REAP) under Title VI, Part B of the Elementary and Secondary Education Act of 1965 (ESEA). Congress created this program to address the unique needs of rural schools that disadvantage them relative to nonrural schools.
To be eligible for REAP funds, a local education agency (LEA) must be designated rural and must meet one of three additional requirements involving enrollment size, population density, and poverty status. Currently, REAP provides awards to nearly 6,000 LEAs, out of...
Can Contractionary Fiscal Policy Be Expansionary?
As Congress considers policies to foster economic growth, arguments have been made that the traditional expectations of fiscal policy, namely that cutting spending will contract the economy in the short run, should be reversed. Proponents of this view also argue that cutting spending rather than raising taxes would be a more effective means of increasing economic growth (or at least avoiding contractions). These arguments often refer to recent empirical studies of deficit reductions across countries.
This view contrasts with that held by most economists and found in conventional models....
Proposals to Change the Operation of Cloture in the Senate
Paragraph 2 of Senate Rule XXII, also known as the “cloture rule,” was adopted in 1917. It established a procedure, amended several times over the intervening years, by which the Senate may limit debate and act on a pending measure or matter. Aside from unanimous consent agreements and statutory limits applying to certain types of legislation, cloture is the only mechanism by which the Senate can limit debate.
In recent years, some Senators have expressed renewed concerns over the way in which extended debate is conducted in the Senate and the operation of the cloture rule. Proposals for...
The Challenge of Individual Income Tax Reform: An Economic Analysis of Tax Base Broadening
Congressional interest in a major reform of the individual income tax that would broaden the base and use the additional tax revenues to lower rates and/or reduce the deficit has increased. The President’s Fiscal Commission, for example, proposed an individual income tax reform with three objectives: to broaden the base and lower the tax rate, to contribute to deficit reduction, and to maintain or increase the progressivity of the tax system. The Fiscal Commission proposed to broaden the tax base by eliminating or modifying most tax expenditures. One legislative proposal in the 112th...
Organized Crime: An Evolving Challenge for U.S. Law Enforcement
In the last two decades, organized crime has grown more complex, posing evolving challenges for U.S. federal law enforcement. These criminals have transformed their operations in ways that broaden their reach and make it harder for police to combat them. They have adopted more-networked structural models, internationalized their operations, and grown more tech savvy. They are a significant challenge to U.S. law enforcement.
Modern organized criminals often prefer cellular or networked structural models for their flexibility and avoid the hierarchies that previously governed more...
Extending the Temporary Payroll Tax Reduction: A Brief Description and Economic Analysis
Social Security is financed by payroll taxes, which are paid by covered workers and their employers. In the absence of a payroll tax reduction, employees and employers would each pay 6.2% of covered earnings, up to an annual limit, whereas self-employed individuals would pay 12.4% of net self-employment income, up to an annual limit.
In an effort to stimulate the economy, Congress, in December 2010, temporarily reduced the employee and self-employed shares by two points (to 4.2% for employees and 10.4% for the self-employed), with the Social Security trust funds “made whole” by a transfer...
Availability of Injunctive Relief for Standard-Essential Patent Holders
An “industry standard” is a set of technical specifications that provides a common design for a product or process. Standardization is crucial to the functioning of the modern innovation-based economy and in particular to the efficient interoperability of technologically complex consumer electronic devices. Standards allow several firms to supply services and products that incorporate the standard, which may help to lower prices and provide greater consumer choices. Standard-setting organizations (SSOs) are voluntary membership organizations in which industry participants collaboratively...
Venezuela: Issues for Congress, 2009-2012
Under the rule of populist President Hugo Chávez, first elected in 1998, Venezuela has undergone enormous political changes, with a new constitution and unicameral legislature, and even a new name for the country, the Bolivarian Republic of Venezuela. Human rights organizations have expressed concerns about the deterioration of democratic institutions and threats to freedom of expression under the Chávez government. President Chávez won reelection to another six-year term on October 7, 2012, by a margin of 11%, capturing about 55% of the vote compared to 44% for opposition candidate...
Veterans’ Benefits: Disabled Veterans
Congressional Research Service 7-5700 www.crs.gov RL34626 Summary Although U.S. Armed Forces are deployed around the globe, a number of servicemembers are currently serving in the Operation Enduring Freedom (OEF) combat zone. As a result of the risks facing these servicemembers, some of them are incurring injuries or illnesses during their active service (or having existing medical conditions worsen as a result of their service). Congress has shown an interest in the treatment of injured servicemembers, both while they are undergoing medical treatment and in their transition from military...
Proposals to Reduce Federal Medicaid Expenditures
Medicaid is a means-tested entitlement program that finances the delivery of primary and acute medical services as well as long-term services and supports (LTSS). Medicaid is jointly financed by both the federal government and the states. The federal government’s share for most Medicaid expenditures is called the federal medical assistance percentage (FMAP), and under the FMAP, the federal government pays a larger portion of Medicaid costs in states with lower per capita incomes relative to the national average (and vice versa for states with higher per capita incomes).
Federal Medicaid...
Trade Preferences: Economic Issues and Policy Options
Since 1974, Congress has created multiple trade preference programs designed to foster economic growth, reform, and development in less developed countries. These programs give temporary, non-reciprocal, duty-free U.S. market access to select exports of eligible countries. Congress has repeatedly revised and extended these programs. The112th Congress passed extensions to three trade preference programs: (1) the Generalized System of Preferences (GSP) which expired on December 31, 2010 and was renewed retroactively from that date to July 31, 2013 (P.L. 112-40); (2) the Andean Trade...
Stem Cell Research: Science, Federal Research Funding, and Regulatory Oversight
Since FY1996, the Dickey amendment in Labor-Health and Human Services (HHS) appropriations acts has prohibited the use of federal funds for the creation of human embryos for research purposes or for research in which human embryos are destroyed. At the time, the Dickey amendment halted the development of guidelines by the National Institutes of Health (NIH) on the broad field of human embryo research and has each year since 1996 prohibited federal funding for human embryo research and related topics, including in vitro fertilization (IVF) and human embryonic stem cells. These cells have...
Federal Programs Available to Unemployed Workers
Four groups of federal programs target unemployed workers: unemployment insurance, health care assistance, job search assistance, and training. This report presents information on federal programs targeted to unemployed workers specifically, but does not attempt to discuss means-tested programs (such as Medicaid or SSI) that are available regardless of employment status.
When eligible workers lose their jobs, the Unemployment Compensation (UC) program may provide up to 26 weeks of income support through the payment of regular UC benefits. Unemployment benefits may be extended by the...
Abortion Services and Military Medical Facilities
In 1993, President Clinton modified the military policy on providing abortions at military medical facilities. Under the change directed by the President, military medical facilities were allowed to perform abortions if paid for entirely with non-Department of Defense (DOD) funds (i.e., privately funded). Although arguably consistent with statutory language barring the use of Defense Department funds, the President’s policy overturned a former interpretation of existing law barring the availability of these services. On December 1, 1995, H.R. 2126, the FY1996 DOD appropriations act, became...
Keeping America’s Pipelines Safe and Secure: Key Issues for Congress
Nearly half a million miles of pipeline transporting natural gas, oil, and other hazardous liquids crisscross the United States. While an efficient and fundamentally safe means of transport, many pipelines carry materials with the potential to cause public injury and environmental damage. The nation’s pipeline networks are also widespread and vulnerable to accidents and terrorist attack. Recent pipeline accidents in Marshall, MI, San Bruno, CA, Allentown, PA, and Laurel, MT, have heightened congressional concern about pipeline risks and drawn criticism from the National Transportation...
The “Fiscal Cliff”: Macroeconomic Consequences of Tax Increases and Spending Cuts
A major policy concern for Congress has been when and whether to address the “fiscal cliff,” a set of tax increases and spending cuts that would have substantially reduced the deficit in 2013. In projections made in March 2012 by the Congressional Budget Office (CBO), this fiscal restraint, constituting 5.1% of output in 2013, would have reduced growth to 0.5% from 4.4%. Unemployment would increase by 2 million. In August, updated estimates projected growth at a negative 0.5%. The American Taxpayer Relief Act (H.R. 8) eliminated part of the fiscal cliff.
Policy choices with respect to the...
The Presidential Inauguration: Basic Facts and Information
On January 20, 2013, President Barack Obama is to be sworn in for his second term. Because January 20 is on a Sunday, however, the ceremonial swearing-in and public inaugural ceremonies will take place on Monday, January 21, 2013.
This report responds to a variety of questions relating to the presidential inauguration: legislation concerning the inauguration; inauguration day as a federal holiday; the major costs of the 2009 inauguration; the expenditures of recent inaugural festivities (private funding only provided); historical facts on past presidential inaugurations; the various...
Economic Factors Affecting Small Business Lending and Loan Guarantees
Small businesses (usually defined as companies with 500 or fewer employees) are an important part of the nation’s economy. At various times during the business cycle, concern is voiced about the difficulties that small businesses have obtaining loans. There can be many reasons for periodic declines in small business lending over the business cycle: loan standards change, the quality of projects to be financed changes, and small businesses’ demand for loans fluctuates with anticipated customer demand.
Congress created the Small Business Administration (SBA) to assist small businesses in...
The Employee Free Choice Act (EFCA)
This report discusses legislative attempts to amend the National Labor Relations Act (NLRA) to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act (EFCA), introduced most recently as H.R. 1409 and S. 560 in the 111th Congress, would have allowed union certification based on signed authorizations, provided a process for the bargaining of an initial agreement, and prescribed new penalties for certain unfair labor practices. This report reviews the current process for selecting a bargaining representative under the NLRA and...
Defining Homeland Security: Analysis and Congressional Considerations
Ten years after the September 11, 2001, terrorist attacks, the U.S. government does not have a single definition for “homeland security.” Currently, different strategic documents and mission statements offer varying missions that are derived from different homeland security definitions. Historically, the strategic documents framing national homeland security policy have included national strategies produced by the White House and documents developed by the Department of Homeland Security (DHS). Prior to the 2010 National Security Strategy, the 2002 and 2007 National Strategies for Homeland...
Israel: 2013 Elections Preview
Close U.S.-Israel relations drive congressional interest in upcoming elections for Israel’s 120-seat Knesset (parliament), scheduled for January 22, 2013. Israeli leadership decisions may have profound implications for matters of high U.S. priority, including potential threats from Iran and its non-state allies (such as Hezbollah and Hamas), issues of ongoing Israeli-Palestinian dispute, and political change in neighboring Arab states. The composition of a probable new coalition and government led by Prime Minister Binyamin Netanyahu could significantly influence Israeli decisionmaking,...
Coupled with increasing concerns about the environment, the magnitude of federal spending on contracts has prompted questions from Members of Congress and the public about the role of environmental considerations in federal procurement. These include: to what extent do agencies consider environmental factors when procuring goods or services? What legal authorities presently require or allow agencies to take environmental factors into account when acquiring goods or services? How are existing provisions authorizing agencies to consider environmental factors implemented? This report provides...
Economic Growth and the Unemployment Rate
A persistently high unemployment rate is of concern to Congress for a variety of reasons, including its negative consequences for the economic well-being of individuals and its impact on the federal budget. The unemployment rate was 9.5% when the economy emerged from the 11th postwar recession in June 2009. It climbed further to peak at 10.0% in October 2009. The rate has slowly declined since then. Although it dropped below 8% in the fourth quarter of 2012, the unemployment rate remains high by historical standards.
After most postwar recessions, it took at least eight months for the...
The Endangered Species Act (ESA) and Claims of Property Rights “Takings”
The federal Endangered Species Act (ESA) has long been one of the major flash points in debates over government interference with property rights. This report outlines the ESA provisions most relevant to the act’s impacts on private property and surveys the major ESA-relevant principles of Fifth Amendment takings law. The Takings Clause of the Fifth Amendment promises “just compensation” when government actions “take” property.
The report then summarizes the court decisions on whether particular government actions (or inaction) based on the ESA “take” private property under the Fifth...
Ghana: Recent Developments and U.S. Relations
Ghana: Bilateral Cooperation and Leadership Engagement
Ghana is considered a model for many of the outcomes that many Members of Congress have long sought to achieve in sub-Saharan Africa in the areas of authorizations; appropriations and program guidance; and oversight. Ghana has received a large U.S. Millennium Challenge Corporation (MCC) Compact and may soon receive a second. It is also a recipient of substantial U.S. Agency for International Development (USAID) and State Department bilateral aid, much of which is channeled through three presidential development initiatives:
the Global...
Public, Educational, and Governmental (PEG) Access Cable Television Channels: Issues for Congress
The environment for public, educational, and governmental (PEG) cable channels has been roiled by public policy and budgetary changes at the federal, state, and local levels and by technological changes in cable networks. More than 100 PEG access centers—which provide community groups and individuals free access to video production facilities and equipment, training, and programming time—have closed since 2005, and more may close when provisions in recently enacted state laws that eliminate requirements for cable companies to provide funding support take effect. Many PEG access centers,...
Pages of the United States Congress: History and Program Administration
For more than 180 years, messengers known as pages have served the United States Congress. Pages must be high school juniors and at least 16 years of age. Several incumbent and former Members of Congress as well as other prominent Americans have served as congressional pages.
Senator Daniel Webster appointed the first Senate page in 1829. The first House pages began their service in 1842. Women were first appointed as pages in 1971.
In August 2011, House leaders announced the termination of that chamber’s page program.
Senate pages are appointed and sponsored by Senators for one academic...
Russia’s Accession to the WTO and Its Implications for the United States
In 1993, Russia formally applied for accession to the General Agreement on Tariffs and Trade (GATT). In 1995, its application was taken up by the World Trade Organization (WTO), the successor organization of the GATT. Russia is the largest economy not in the WTO; after a number of fits and starts during the 18-year process, the then-153 members of the WTO, on December 16, 2011, invited Russia to join the WTO during the Ministerial Conference in Geneva. On July 10 and July 18, 2012, respectively, the lower house of the Russian parliament—the State Duma—and the upper house—the Federal...
The “Fiscal Cliff” and the American Taxpayer Relief Act of 2012
The federal budget deficit has exceeded $1 trillion in each of the last four fiscal years (FY2009-FY2012). Concern over these large deficits, as well as the long-term trajectory of the federal budget, resulted in significant debate during the 112th Congress over how to achieve meaningful deficit reduction and how to implement a plan to stabilize the federal debt. Numerous expiring provisions, across-the-board spending cuts, and other short-term considerations having a major budgetary impact, were scheduled to take effect at the very end of 2012 or in early 2013. This combination of...
The Jackson-Vanik Amendment and Candidate Countries for WTO Accession: Issues for Congress
Unconditional most-favored-nation (MFN) status, or in U.S. statutory parlance, normal trade relations (NTR) status, is a fundamental principle of the World Trade Organization (WTO). Under this principle, WTO members are required unconditionally to treat imports of goods and services from any WTO member no less favorably than they treat the imports of like goods and services from any other WTO member country. Under Title IV of the Trade Act of 1974, as amended, most communist or nonmarket-economy countries were denied MFN status unless they fulfilled freedom-of-emigration conditions as...
Unemployment Insurance: Legislative Issues in the 112th Congress
The 112th Congress considered a number of issues related to currently available unemployment insurance programs: Unemployment Compensation (UC), temporary Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). With the national unemployment rate decreasing but still high, the weekly demand for regular and extended unemployment benefits continued at high levels. Congress deliberated multiple times on whether to extend the authorization for several key temporary unemployment insurance provisions. The EUC08 program, along with temporary provisions surrounding EB, had been...
Computer-Related Occupations Under the Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) sets minimum standards for hourly wages, overtime pay, and child labor. The FLSA requires employers to pay covered employees at least $7.25 an hour and at least one-and-a-half times their regular hourly wage for hours worked over 40 hours a week at a given job. However, the FLSA includes a number of exemptions that exclude certain employees from the minimum wage and overtime standards of the act.
Section 13(a)(1) of the FLSA exempts from both the minimum wage and overtime pay standards of the act any person who is employed in a bona fide executive,...
The Unified Command Plan and Combatant Commands: Background and Issues for Congress
The Unified Command Plan (UCP) and associated Combatant Commands (COCOMs) provide operational instructions and command and control to the Armed Forces and have a significant impact on how they are organized, trained, and resourced—areas over which Congress has constitutional authority. The UCP is a classified executive branch document prepared by the Chairman of the Joint Chiefs of Staff (CJCS) and reviewed and updated every two years that assigns missions; planning, training, and operational responsibilities; and geographic areas of responsibilities to COCOMs. Functional COCOMs operate...
The Definition of “Supervisor” Under the National Labor Relations Act (NLRA)
The National Labor Relations Act (NLRA) establishes certain protections for private sector employees who want to form or join a labor union. These protections do not extend to supervisors. Historically, Congress has debated where to draw the line between employees who have different levels of management responsibility. It is generally agreed that employees who have significant supervisory duties, such as hiring and firing, are supervisors. However, disagreement occurs with respect to employees who have minor supervisory duties.
In 2001, the U.S. Supreme Court ruled that the test...
Water Quality Issues in the 112th Congress: Oversight and Implementation
Much progress has been made in achieving the ambitious goals that Congress established nearly 40 years ago in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. However, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions are...
Trade Preferences for Developing Countries and the World Trade Organization (WTO)
Article I:1 of the General Agreement on Tariffs and Trade (GATT) requires World Trade Organization (WTO) Members to grant most-favored-nation (MFN) treatment “immediately and unconditionally” to like products of other Members with respect to tariffs and other trade-related measures. Programs such as the Generalized System of Preferences (GSP), under which developed countries grant preferential tariff rates to developing country goods, are facially inconsistent with this obligation because these programs accord goods of some countries more favorable tariff treatment than that accorded to...
Worker Adjustment and Retraining Notification (WARN) Act: A Primer
Enacted by the 100th Congress, the Worker Adjustment and Retraining Notification (WARN) Act requires qualified employers that intend to carry out plant closings or mass layoffs to provide 60 days’ notice to affected employees, states, and localities. The purpose of the notice to workers is to allow them to seek alternative employment, arrange for retraining, and otherwise adjust to employment loss. The purpose of notifying states and localities is to allow them to promptly provide services to the dislocated workers and otherwise prepare for changes in the local labor market.
The WARN Act...
Physician Practices: Background, Organization, and Market Consolidation
A growing number of U.S. physicians are combining their practices; affiliating with hospitals, insurance companies, and specialty management firms; or going to work directly for such organizations. The moves are part of a broader trend toward consolidation in health care, with the overall number of mergers and acquisitions in the sector at the highest level in a decade.
Alterations in physician practice appear to be a response to a number of factors. Younger doctors are more eager than their predecessors to work for an outside institution, such as a hospital, to secure a set schedule and...
Water Infrastructure Needs and Investment: Review and Analysis of Key Issues
Policymakers are giving increased attention to issues associated with financing and investing in the nation’s drinking water and wastewater treatment systems, which take in water, treat it, and distribute it to households and other customers, and later collect, treat, and discharge water after use. The renewed attention is due to a combination of factors. These include financial impacts on communities of meeting existing and anticipated regulatory requirements, the need to repair and replace existing infrastructure, concerns about paying for security-related projects, and proposals to...
Distributional Effects of Taxes on Corporate Profits, Investment Income, and Estates
Tax reductions enacted in 2001-2004 reduce the effective tax rate on capital income in several different ways. Taxes on capital arise from individual taxes on dividends, interest, capital gains, and income from non-corporate businesses (proprietorships and partnerships). Reductions in marginal tax rates, as well as some tax benefits for business, reduce these taxes. Taxes on capital income also arise from corporate profits taxes, which are affected not only by rate reductions but also by changes to provisions affecting depreciation, interest deductions, other deductions and credits....
The Section 8 Voucher Renewal Funding Formula: Changes in Appropriations Acts
Changes enacted by Congress during the appropriations process in each of the past several years have significantly altered the way that public housing authorities (PHAs) receive funding to administer the Section 8 Housing Choice Voucher program. Prior to FY2003, PHAs received funding for each voucher they were authorized to administer, based on their average costs from the previous year, plus inflation, referred to as “unit-based” funding. Most PHAs were not using all of their vouchers, due in part to rental market conditions, and each year the Department of Housing and Urban Development...
The Combating Autism Act: Overview and Funding
Autism spectrum disorder (ASD) and autism are general terms for a group of developmental disabilities that cause impairments in social skills and communication, and are often characterized by certain atypical behaviors. The federal government has a role in the financing (through Medicaid and State Children’s Health Insurance Programs) and delivery (through funding of developmental disabilities programming in schools, Title V Maternal and Child Health funding, and other sources) of treatment for ASD. The number of autism cases and their appropriate diagnosis and treatment affect federal and...
The U.S. Oil Refining Industry: Background in Changing Markets and Fuel Policies
A decade ago, 158 refineries operated in the United States and its territories and sporadic refinery outages led many policy makers to advocate new refinery construction. Fears that crude oil production was in decline also led to policies promoting alternative fuels and increased vehicle fuel efficiency. Since the summer 2008 peak in crude oil prices, however, the U.S. demand for refined petroleum products has declined, largely due to the economic recession, and the outlook for the petroleum refining industry in the United States has changed.
In response to weak demand for gasoline and...
Structure and Functions of the Federal Reserve System
In 1913, Congress created the Federal Reserve System to serve as the central bank for the United States. The Federal Reserve formulates the nation’s monetary policy, supervises and regulates banks, and provides a variety of financial services to depository financial institutions and the federal government. The system comprises three major components: the Board of Governors, a network of 12 Federal Reserve Banks, and member banks.
Congress created the Federal Reserve as an independent agency to enable the central bank to carry out its responsibilities protected from excessive political and...
The Repeal of “Don’t Ask, Don’t Tell”: Issues for Congress
On December 22, 2010, President Obama signed P.L. 111-321 into law. It called for the repeal of the existing law (Title 10, United States Code, §654) barring open homosexuality in the military by prescribing a series of steps that must take place before repeal occurs. One step was fulfilled on July 22, 2011, when the President signed the certification of the process ending the Don’t Ask, Don’t Tell policy, which was repealed on September 20, 2011. However, in repealing the law and the so-called “Don’t Ask, Don’t Tell” policy, a number of issues have been raised, but were not addressed by...
The Project BioShield Act: Issues for the 112th Congress
In 2004, Congress passed the Project BioShield Act (P.L. 108-276) to provide the federal government with new authorities related to the development, procurement, and use of medical countermeasures against chemical, biological, radiological, and nuclear (CBRN) terrorism agents. As the expiration of some of these authorities approaches, Congress is considering whether these authorities have sufficiently contributed to national preparedness to merit extension.
The Project BioShield Act provides three main authorities: (1) guaranteeing a federal market for new CBRN medical countermeasures,...
Latin America and the Caribbean: U.S. Policy and Key Issues for Congress in 2012
Geographic proximity has ensured strong linkages between the United States and the Latin American and Caribbean region, with diverse U.S. interests, including economic, political and security concerns. U.S. policy toward the region under the Obama Administration has focused on four priorities: promoting economic and social opportunity; ensuring citizen security; strengthening effective democratic institutions; and securing a clean energy future. There has been substantial continuity in U.S. policy toward the region under the Obama Administration, which has pursued some of the same basic...
Offshoring of Airline Maintenance: Implications for Domestic Jobs and Aviation Safety
Airlines outsource maintenance to countries like China and El Salvador to achieve cost savings from the comparatively lower wages and from lower costs to build and maintain repair facilities. In some cases, particularly in China, government investment and other incentives, along with backing from national airlines, have spurred rapid expansion of the foreign aircraft maintenance industry over the past decade. While airline maintenance work outsourced to foreign repair facilities has increased considerably over the past decade, there are no conclusive data indicating that this has directly...
Chemical Facility Security: Issues and Options for the 112th Congress
The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 112th Congress has extended this authority through March 27, 2013. The Obama Administration has requested extension of this authority until October 4, 2013. Congressional policymakers have debated the scope and details of reauthorization and continue to consider legislation establishing an authority with longer duration. Some Members of Congress support extension, either short- or long-term, of the existing authority. Other Members call for revision and more...
The Budget Control Act of 2011: Budgetary Effects of Proposals to Replace the FY2013 Sequester
The Budget Control Act of 2011 (BCA; P.L. 112-25) provided for an increase in the statutory limit on the public debt in conjunction with a variety of measures to reduce the budget deficit. Included in these measures was the creation of a Joint Select Committee on Deficit Reduction, which was tasked to develop and submit a plan to Congress containing deficit reduction to total at least $1.2 trillion over the FY2012-FY2021 period. However, because the committee did not report out recommendations, the BCA’s automatic spending reduction process was triggered. This process is set to begin on...
Tax Cuts on Repatriation Earnings as Economic Stimulus: An Economic Analysis
From the start of the 112th Congress, reform of the current U.S. corporate tax system has been widely debated as an option to stimulate the economy. Most of the debate has focused on lowering the corporate tax rate and moving toward a territorial system. An exception to this approach is a plan to reduce the tax rate on repatriated dividends that has received some consideration. Under such a plan, the U.S. tax that U.S. firms pay when their overseas operations remit (“repatriate”) their foreign earnings as dividends to their U.S. parent corporations would be reduced. Variations of this type...
Immigration Legislation and Issues in the 112th Congress
Immigration has not been a front-burner issue for the 112th Congress. During the past two years, however, Congress has taken legislative action on some measures containing provisions on a range of immigration-related topics. The Consolidated Appropriations Act, 2012 (P.L. 112-74) contains provisions on border security, visa security, tourist visas, and refugees. It also includes limited language on other issues, such as employment eligibility verification and the H-2B temporary worker visa. P.L. 112-176 extends the authorization for four immigration programs (EB-5 visa program, E-Verify,...
The Protection of Lawful Commerce in Arms Act (PLCAA, P.L. 109-92) was passed in 2005. The PLCAA generally shields licensed manufacturers, dealers, and sellers of firearms or ammunition, as well as trade associations, from any civil action “resulting from the criminal or unlawful misuse” of a firearm or ammunition, but lists six exceptions where civil suits may be maintained. This act was introduced in response to litigation brought by municipalities and victims of shooting incidents against federally licensed firearms manufacturers and dealers, some of whom were located outside the state...
Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, inspector general investigations, and tracking...
Child Protection Act of 2012: A Brief Legal Analysis
On the December 7, 2012, the President signed the Child Protection Act of 2012, P.L. 112-206 (H.R. 6063), into law. The measure had previously passed the House under suspension of the rules and the Senate by unanimous consent. Its provisions are (1) increase the maximum penalty for certain child pornography offenses; (2) outlaw harassment of a child victim or witness while under a protective order; (3) grant the U.S. Marshals Service administrative subpoena authority in sex offender registration cases; (4) direct the U.S. Sentencing Commission to review the adequacy of federal sentencing...
Administrative Subpoenas in Criminal Investigations: A Sketch
Proponents refer to administrative subpoenas as a quick, efficient and relatively nonintrusive law enforcement tool. Opponents express concern that they pose a threat of unchecked invasions of privacy and evasions of the Fourth Amendment warrant and probable cause requirements.
The courts have determined that, as long as they are not executed in a manner reminiscent of a warrant, administrative subpoenas issued in aid of a criminal investigation must be judicially enforced if they satisfy statutory requirements and are not unreasonable by Fourth Amendment standards.
The Child Protection...
Peacekeeping and Stabilization Missions Abroad: The Development of Civilian Capabilities, 2004-2011
In November 2011, the Obama Administration announced the creation of a new State Department Bureau of Conflict and Stabilization Operations (CSO) to provide the institutional focus for policy and “operational solutions” to prevent, respond to, and stabilize crises in priority states. This bureau represents a “second generation” effort to develop civilian capacity to deal with conflict, integrating the “first generation” Office of the Coordinator for Reconstruction and Stabilization (S/CRS).
Congress established S/CRS by law in the Reconstruction and Stabilization Civilian Management Act,...
Electricity Transmission Cost Allocation
Perhaps the most contentious electricity transmission financing issue is cost allocation for new interstate transmission lines—that is, deciding which electricity customers pay how much of the cost of building and operating a new transmission line that crosses several states. This report provides background and analysis of current transmission cost allocation policy and issues.
For many years, the Federal Energy Regulatory Commission (FERC) declined to go beyond establishing general principles as set forth in its Order No. 890, which addressed “undue discrimination and preference” in the...
Although the United States remains the leading host country for international students in science, technology, engineering, or mathematics (STEM) fields, the global competition for talent has intensified. A record number of STEM graduates—both U.S. residents and foreign nationals—are entering the U.S. labor market, and there is a renewed focus on creating additional immigration pathways for foreign professional workers in STEM fields. Current law sets an annual worldwide level of 140,000 employment-based admissions, which includes the spouses and children in addition to the principal...
Offshoring (or Offshore Outsourcing) and Job Loss Among U.S. Workers
Offshoring, also known as offshore outsourcing, is the term that came into use more than a decade ago to describe a practice among companies located in the United States of contracting with businesses beyond U.S. borders to perform services that would otherwise have been provided by in-house employees in white-collar occupations (e.g., computer programmers and systems designers, accounting clerks and accountants). The term is equally applicable to U.S. firms’ offshoring the jobs of blue-collar workers on textile and auto assembly lines, for example, which has been taking place for many...
This report analyzes 10 C.F.R. 37, a forthcoming rule promulgated by the Nuclear Regulatory Commission (NRC), Physical Protection of Byproduct Material. Byproduct material includes specified types of radioactive material other than uranium or plutonium. The rule regulates byproduct material of types and in quantities that could be used to make a dirty bomb.
Congress may find this analysis of interest for several reasons: Congress attaches great importance to protecting the United States against terrorist threats; the rule will affect the many industrial, research, and medical activities...
FEMA’s Community Disaster Loan Program: History, Analysis, and Issues for Congress
The core purpose of the Community Disaster Loan (CDL) program is to provide financial assistance to local governments that are having difficulty providing government services because of a loss in tax or other revenue following a disaster. The program assists local governments by offering federal loans to compensate for this temporary or permanent loss in local revenue. The CDL program is managed by the Federal Emergency Management Agency (FEMA). First authorized in the Disaster Relief Act of 1974 (P.L. 93-288), the Community Disaster Loan program is currently codified in Section 417 of the...
Carl D. Perkins Career and Technical Education Act of 2006: Implementation Issues
The Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins IV; P.L. 109-270) supports the development of academic and career and technical skills among secondary education students and postsecondary education students who elect to enroll in career and technical education (CTE) programs, sometimes referred to as vocational education programs. Perkins IV was authorized through FY2012, which ended on September 30, 2012. The authorization is extended through FY2013 under the General Education Provisions Act. This report provides a summary of potential reauthorization...
The Sustainability of the Federal Budget Deficit: Market Confidence and Economic Effects
The budget deficit has exceeded $1 trillion since 2009. Combined with a shrinking economy, deficits increased the publicly held federal debt by over 30 percentage points of GDP between 2008 and 2012. Deficits of this size are not sustainable in the long run because the federal debt cannot indefinitely grow faster than output. Over time, a greater and greater share of national income would be devoted to servicing the debt, until eventually the government would be forced to finance the debt through money creation or default.
The current policy debate on the “fiscal cliff” occurring at the...
Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues
U.S. employers in various industries argue that they need to hire foreign workers to perform lower-skilled jobs, while others maintain that many of these positions could be filled by U.S. workers. Under current law, certain lower-skilled foreign workers, sometimes referred to as guest workers, may be admitted to the United States to perform temporary service or labor under two temporary worker visas: the H-2A visa for agricultural workers and the H-2B visa for nonagricultural workers. Both programs are administered by the Department of Homeland Security’s U.S. Citizenship and Immigration...
The Controlled Substances Act: Regulatory Requirements
This report highlights certain non-criminal regulatory requirements of the Controlled Substances Act (CSA). The CSA and its implementing regulations establish a framework through which the federal government regulates the use of controlled substances for legitimate medical, scientific, research, and industrial purposes, and prevents these substances from being diverted for illegal purposes. The CSA assigns various plants, drugs, and chemicals (such as narcotics, stimulants, depressants, hallucinogens, and anabolic steroids) to one of five schedules based on the substance’s medical use,...
Taxes and the Economy: An Economic Analysis of the Top Tax Rates Since 1945 (Updated)
Income tax rates are at the center of many recent policy debates over taxes. Some policymakers argue that raising tax rates, especially on higher income taxpayers, to increase tax revenues is part of the solution for long-term debt reduction. This report examines the top tax rates since 1945 and analyzes the ways in which tax rates affect economic growth.
Outside Employment, “Moonlighting,” by Federal Executive Branch Employees
Most federal employees in the executive branch of government are not subject to a broad, overall prohibition on so-called “moonlighting.” Rank-and-file employees of the government are generally free to take an additional, compensated job outside of their federal work, subject to certain specific “conflict of interest” limitations.
High-ranking officials of the government, on the other hand, may be prohibited from taking any outside compensated private job if they are presidential appointees, and may otherwise be limited in the type of outside employment and the amount of private...
Organized retail crime (ORC) involves the large-scale theft of everyday consumer items and potentially has much broader implications. Organized groups of professional shoplifters, or “boosters,” steal or fraudulently obtain merchandise that is then sold, or “fenced,” to individuals and retailers through a variety of venues. In an increasingly globalized society, more and more transactions take place online rather than face-to-face. As such, in addition to relying on physical resale markets, organized retail thieves have turned to online marketplaces as means to fence their ill-gotten...
Value-Added Modeling for Teacher Effectiveness
Two of the major goals of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110; NCLB), are to improve the quality of K-12 teaching and raise the academic achievement of students who fail to meet grade-level proficiency standards. In setting these goals, Congress recognized that reaching the second goal depends greatly on meeting the first; that is, quality teaching is critical to student success. Thus, NCLB established new standards for teacher qualifications and required that all courses in “core academic subjects” be taught...
The United States is currently recovering from a broad recession that is considered the longest-lasting economic downturn since World War II. Various indicators of economic strength, such as the unemployment rate and foreclosures, reached their worst showings in decades during the recession and the following months. The state of the economy has generated debate concerning whether economic factors can affect crime. This report examines research on how selected economic variables may or may not be related to crime rates.
There are multiple macroeconomic indicators, such as the consumer price...
Presidential Reorganization Authority: History, Recent Initiatives, and Options for Congress
On January 13, 2012, President Barack Obama announced that he would ask Congress to reinstate so-called presidential reorganization authority, and his Administration conveyed a legislative proposal that would renew this authority to Congress on February 16, 2012. Bills based on the proposed language were subsequently introduced in the Senate (S. 2129) and the House (H.R. 4409) during the 112th Congress.
Should this authority be granted, the President indicated that his first submitted plan would propose consolidation of six business and trade-related agencies into one: U.S. Department of...
Education for Homeless Children and Youth: Program Overview and Legislation
The Education for Homeless Children and Youth program (EHCY) provides formula grants to state educational agencies (SEAs) to help ensure that all homeless children and youth have equal access to the same free and appropriate public education, including public preschool education that is provided to other children and youth. It is the only federal education program exclusively focused on homeless children and youth. SEAs competitively subgrant funds to local educational agencies (LEAs). Not all LEAs receive EHCY grants. In school year (SY) 2010-2011, 3,651 LEAs, out of a total of 16,290,...
Federal Land Transaction Facilitation Act: Operation and Issues for Congress
The Federal Land Transaction Facilitation Act (FLTFA), which expired on July 25, 2011, provided for the sale or exchange of lands owned by the Bureau of Land Management (BLM) that have been identified for disposal under BLM’s land use plans. Most of the proceeds were to be used for land acquisition. The law’s goals included allowing for reconfiguration of land ownership patterns to better facilitate resource management, improving administrative efficiency, and increasing the effectiveness of the allocation of fiscal and human resources.
The authority to sell or exchange BLM lands under...
The 2010 Census: Count Question Resolution Program
As data products from the 2010 decennial census continue to be disseminated, officials of some jurisdictions and the Members who represent these jurisdictions in Congress may have questions about the accuracy of the census counts for their areas. The Bureau of the Census’s Count Question Resolution (CQR) Program offers local officials a means to challenge certain 2010 census figures on the basis of detailed mapping evidence that they present to the Census Bureau.
The Bureau announced the 2010 census CQR Program in a March 8, 2011, Federal Register notice and began accepting CQR challenges...
Litigation Concerning the Constitutionality of the Prevent All Cigarette Trafficking Act (PACT Act)
The Jenkins Act requires out-of-state sellers of cigarettes to register and file a report with the states in which they sell cigarettes listing the name, address, and quantity of cigarettes sold to state residents. In the past, the states would use this information to collect taxes from the buyers directly. However, with the rise of Internet sales of cigarettes, compliance with the Jenkins Act was very low, and it was estimated that billions of dollars of state and local taxes went unpaid. In 2010, Congress passed the Prevent All Cigarette Trafficking Act (PACT Act), which amends the...
Title IX, Sex Discrimination, and Intercollegiate Athletics: A Legal Overview
Enacted four decades ago, Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded education programs or activities. Although the Title IX regulations bar recipients of federal financial assistance from discriminating on the basis of sex in a wide range of educational programs or activities, such as student admissions, scholarships, and access to courses, the statute is perhaps best known for prohibiting sex discrimination in intercollegiate athletics.
Indeed, the provisions regarding athletics have proved to be one of the more...
Afghanistan Casualties: Military Forces and Civilians
This report collects statistics from a variety of sources on casualties sustained during Operation Enduring Freedom (OEF), which began on October 7, 2001, and is ongoing. OEF actions take place primarily in Afghanistan; however, OEF casualties also include American casualties in Pakistan, Uzbekistan, Guantanamo Bay (Cuba), Djibouti, Eritrea, Ethiopia, Jordan, Kenya, Kyrgyzstan, the Philippines, Seychelles, Sudan, Tajikistan, Turkey, and Yemen.
Casualty data of U.S. military forces are compiled by the U.S. Department of Defense (DOD), as tallied from the agency’s press releases. Also...
Iran’s Ballistic Missile and Space Launch Programs
Iran has long been a source of concern for the United States and other countries because its goals are at odds with core U.S. objectives in the Middle East. Although it is not certain that Iran has made the decision to develop a nuclear weapon, it is taking steps to drastically reduce the time needed to obtain nuclear weapons should a decision be made to do so. It is the prospect of an Iranian nuclear weapon mated to an effective missile delivery capability that is especially worrisome to most.
Congress has long been interested in these matters. Congress has held numerous hearings on Iran,...
In Brief: Next Steps in the War in Afghanistan? Issues for Congress
On May 1, 2012, President Obama gave a speech from Bagram Air Field in which he laid out U.S. government approaches for “winding down” the war in Afghanistan. While a number of observers have challenged the logical plausibility of a unilateral decision to “wind down” a war, the Administration’s commitment to decreasing U.S. involvement in the war in Afghanistan is clear.
Many observers point to a coalescing vision of the way forward—shared by the governments of the United States, Afghanistan, and other international partners—that includes bringing the current campaign to a close by the end...
The Executive Budget Process Timetable
The executive budget process is a complex set of activities that includes (1) development of the President’s budget proposal, (2) submission and justification of the President’s budget proposal, and (3) execution of enacted appropriations and other budgetary legislation. While some of the activities are required by specific dates, many follow a more flexible schedule established by formal and informal rules and procedures.
Under Title 31 of the U.S. Code, the President is responsible for developing and submitting a consolidated budget to Congress no later than the first Monday in February...
The Hatch-Waxman Act: Over a Quarter Century Later
Congressional interest in health-related issues has refocused attention on legislative efforts to provide both new as well as lower-cost pharmaceuticals for the marketplace. P.L. 98-417, the Drug Price Competition and Patent Term Restoration Act of 1984 (commonly known as the Hatch-Waxman Act), made significant changes to the patent laws as they apply to pharmaceutical products in an attempt to balance the need for innovative new drugs and the availability of less expensive generic products. The act created several practices intended to facilitate the marketing of generic drugs while...
Alternative Minimum Taxpayers by State: 2009, 2010, and Projections for 2012
Report that breaks down, state-by-state, the percentage of taxpayers subject to Alternative Minimum Tax (AMT), and also maps out these projections for the year 2012.
Rising Economic Powers and U.S. Trade Policy
A handful of developing countries are becoming major players in the global economy due, in part, to their large populations, rising trade flows, and rapidly growing economies. These evolving economies are likely to be of increasing interest to the 113th Congress. Led by China, these rising economic powers (REPs) include Brazil, India, Indonesia, Mexico, Russia, and Turkey. Based on purchasing power parity estimates, China, India, Brazil, and Russia are now among the 10 largest economies in the world and Mexico (#11), Indonesia (#15), and Turkey (#16) are not far behind. With large...
Industrial Competitiveness and Technological Advancement: Debate Over Government Policy
There is ongoing interest in the pace of U.S. technological advancement due to its influence on U.S. economic growth, productivity, and international competitiveness. Because technology can contribute to economic growth and productivity increases, congressional attention has focused on how to augment private-sector technological development. Legislative activity over the past 30 or more years has created a policy for technology development, albeit an ad hoc one. Because of the lack of consensus on the scope and direction of a national policy, Congress has taken an incremental approach...
Motions to Recommit in the House
A motion to recommit is one of the final steps in House consideration of legislation. The rules of the House permit motions to recommit under two different circumstances. First, immediately before the House votes on passing a bill or joint resolution, a Member can move to recommit that measure to a House committee, typically the one that had considered and reported it. Second, before the House votes to accept or reject a conference report, a Member sometimes can move to recommit the report to the conference committee. In each case, the right to make recommittal motions is a prerogative of...
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act (commonly referred to as the Bayh-Dole Act after its two main sponsors). The act provides patent rights to certain inventions arising out of government-sponsored research and development (R&D) to non-profit institutions and small businesses with the expressed purpose of encouraging the commercialization of new technologies through cooperative ventures between and among the research community, small firms, and industry.
Patents provide an...
Technology Transfer: Use of Federally Funded Research and Development
The federal government spends approximately one-third of its annual research and development (R&D) budget for intramural work to meet mission requirements in over 700 government laboratories (including Federally Funded Research and Development Centers). The technology and expertise generated by this endeavor may have application beyond the immediate goals or intent of federally funded R&D. These applications can result from technology transfer, a process by which technology developed in one organization, in one area, or for one purpose is applied in another organization, in another area,...
Cooperative R&D: Federal Efforts to Promote Industrial Competitiveness
In response to the foreign challenge in the global marketplace, the United States Congress has explored ways to stimulate technological advancement in the private sector. The government has supported various efforts to promote cooperative research and development activities among industry, universities, and the federal R&D establishment designed to increase the competitiveness of American industry and to encourage the generation of new products, processes, and services.
Collaborative ventures are intended to accommodate the strengths and responsibilities of all sectors involved in...
Introduction to the Federal Budget Process
Congressional Research Service 7-5700 www.crs.gov 98-721 Summary Budgeting for the federal government is an enormously complex process. It entails dozens of subprocesses, countless rules and procedures, the efforts of tens of thousands of staff persons in the executive and legislative branches, millions of work hours each year, and the active participation of the President and congressional leaders, as well as other Members of Congress and executive officials. The enforcement of budgetary decisions involves a complex web of procedures that encompasses both congressional and executive...
Lifeline Telephone Program: Frequently Asked Questions
The concept that all Americans should have affordable access to the telecommunications network, commonly called the “universal service concept,” can trace its origins back to the 1934 Communications Act. The preservation and advancement of universal service has remained a basic tenet of federal communications policy, and in the mid-1980s the Federal Communications Commission (FCC) established the Lifeline program to provide support for low-income subscribers. The Lifeline program, which is administered under the Universal Service Fund (USF) Low Income Program, was established by the FCC in...
Federal R&D, Drug Discovery, and Pricing: Insights from the NIH-University-Industry Relationship
Public interest in approaches that might provide prescription drugs at lower cost, particularly for the elderly, has rekindled discussion over the role the federal government plays in facilitating the creation of new pharmaceuticals for the marketplace. In the current debate, some argue that the government’s financial, scientific, and/or clinical support of health-related research and development (R&D) entitles the public to commensurate considerations in the prices charged for any resulting drugs. Others view government intervention in price decisions based upon initial federal funding as...
Vietnamese Victims of Agent Orange and U.S.-Vietnam Relations
Since the end of the Vietnam War in 1975, there has been a gradual warming of bilateral relations between the United States and Vietnam, culminating in the appointment of the first U.S. ambassador to Vietnam in 1996 and the granting of permanent normal trade relations (PNTR) to Vietnam in 2007. Over the last three decades, many—but not all—of the major issues causing tension between the two nations have been resolved.
One major legacy of the Vietnam War that remains unresolved is the damage that Agent Orange, and its accompanying dioxin, have done to the people and the environment of...
Federal Emergency Management: A Brief Introduction
The federal government plays a significant role in emergency management, which generally refers to activities associated with avoiding and responding to natural and human-caused hazards. Emergency management in the United States is highly decentralized and contextual in nature: activities often involve multiple jurisdictions as well as a vast number of agencies, nongovernmental organizations, and private sector entities. In addition, the number and type of actors involved in an incident will vary tremendously depending on the context and severity of the event. Similarly, the legal...
The Indian Trust Fund Litigation: An Overview of Cobell v. Salazar
The settlement reached in Cobell v. Salazar was authorized by the Claims Resolution Act of 2010 on December 8, 2010. Under the terms of the settlement, the United States government will pay $1.4 billion to members of the class who sought to have a historical accounting of their IIM accounts (an abbreviation for Individual Indian Monies). An additional $2 billion will be provided by the government for the purpose of consolidating fractionated trust and restricted lands.
First filed in 1996, Cobell v. Salazar involved the Department of the Interior’s (DOI’s) management of several money...
Pacific Salmon and Steelhead Trout: Managing Under the Endangered Species Act
Along the Pacific Coast, 28 distinct population segments of Pacific salmon and steelhead trout are listed as either endangered or threatened under the Endangered Species Act (ESA), with three additional populations identified as “species of concern.” While no species of anadromous trout or salmon is in danger of near-term extinction, individual population segments within these species have declined substantially or have even been extirpated. The American Fisheries Society considers at least 214 Pacific Coast anadromous fish populations to be “at risk,” while at least 106 other historically...
The U.S. Income Distribution and Mobility: Trends and International Comparisons
The historically slow rebound in the labor market from the 2007-2009 recession appears to be partly responsible for the current focus of some within the public policy community on the unequal distribution of the benefits of economic growth (e.g., higher national income) across U.S. households. This report examines changes over time and across countries in the shape of the income distribution to afford Members of Congress a broader perspective when deliberating such policy issues as the progressivity of income tax rates, the generosity of social insurance programs, and the level of the...
Drug Patent Expirations: Potential Effects on Pharmaceutical Innovation
Congress has exhibited a strong and ongoing interest in facilitating the development of new, innovative pharmaceuticals for the marketplace while reducing the cost of drugs to consumers. Policies pertaining to funding for research and development (R&D), intellectual property protection, and cooperative ventures have played an important role in the economic success of the pharmaceutical sector. Industry-specific legislation, including the Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the “Hatch-Waxman Act,” also work to encourage innovation in the...
Presidential Review of Independent Regulatory Commission Rulemaking: Legal Issues
Federal agencies regularly adopt rules, which have the force of law, to implement the statutes and programs authorized by Congress. Unless a statute directs otherwise, agencies generally must follow the requirements of the Administrative Procedure Act to promulgate rules. However, beginning with President Reagan, Presidents have maintained a centralized review process for “significant regulatory actions.” Currently, Executive Order (E.O.) 12866, issued by President Clinton, imposes additional procedures agencies must follow before a rule can be finalized. This includes requiring agencies...
Colombia: Background, U.S. Relations, and Congressional Interest
Colombia, a key U.S. ally, has made measurable progress in providing security despite having endured the longest internal armed conflict in the Western Hemisphere. It has long been a source for both cocaine and heroin. Drug trafficking has helped to perpetuate civil conflict by funding both left-wing and right-wing armed groups. Over the years, Colombia and the United States forged a close partnership focused initially on counternarcotics and later counterterrorism. Building on that cooperation, the U.S.-Colombia partnership has broadened to include development, human rights, and trade....
Terrorism and Security Issues Facing the Water Infrastructure Sector
Damage to or destruction of the nation’s water supply and water quality infrastructure by terrorist attack or natural disaster could disrupt the delivery of vital human services in this country, threatening public health and the environment, or possibly causing loss of life. Interest in such problems increased after the September 11, 2001, terrorist attacks in the United States.
Across the country, water infrastructure systems extend over vast areas, and ownership and operation responsibility are both public and private, but are overwhelmingly non-federal. Since the attacks, federal dam...
Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities
The widely reported increase in federal contract dollars awarded to Alaska Native Corporations (ANCs) and their subsidiaries in recent years has generated congressional and public interest in the legal authorities that govern contracting with these entities. Currently, federal agencies may contract with ANCs or their subsidiaries under several different statutory authorities. These include (1) the Armed Services Procurement Act (ASPA) and the Federal Property and Administrative Services Act (FPASA); (2) Section 8(a) of the Small Business Act; and (3) Section 15 of the Small Business Act....
Panama: Political and Economic Conditions and U.S. Relations Through 2012
With five successive elected civilian governments, the Central American nation of Panama has made notable political and economic progress since the 1989 U.S. military intervention that ousted the regime of General Manuel Antonio Noriega from power. Current President Ricardo Martinelli of the center-right Democratic Change (CD) party was elected in May 2009, defeating the ruling center-left Democratic Revolutionary Party (PRD) in a landslide. Martinelli was inaugurated to a five-year term on July 1, 2009. Martinellis Alliance for Change coalition with the Panameñista Party (PP) also...
Federal and State Authority over Surplus Water Stored at Federal Water Projects
Various water supply shortages and greater demand for water supply related to energy development projects have brought increased attention to disputes over the control of water resources across the country. In particular, domestic on-shore unconventional oil and gas development, such as hydraulic fracturing, has caused rapid growth in freshwater demand. To accommodate water supply requests in the Missouri River Basin, the U.S. Army Corps of Engineers (Corps) has proposed the use of surplus water from its Garrison Dam/Lake Sakakawea Project in North Dakota. The Corps’ proposal would allow...
Insurance Regulation: Issues, Background, and Legislation in the 112th Congress
The individual states have been acknowledged as the primary regulators of insurance since 1868. Following the 1945 McCarran-Ferguson Act, this system has operated with the explicit blessing of Congress, but has also been subject to periodic scrutiny and suggestions that the time may have come for Congress to reclaim the regulatory authority that it granted to the states. In the late 1980s and early 1990s, congressional scrutiny was largely driven by the increasing complexities of the insurance business and concern over whether the states were up to the task of ensuring consumer...
The Federal Deposit Insurance Corporation’s (FDIC’s) initial Transaction Account Guarantee (TAG) program provided unlimited deposit insurance for noninterest-bearing transaction accounts (NIBTAs). A NIBTA is an account in which interest is neither accrued nor paid and the depositor is permitted to make withdrawals at will. NIBTAs are frequently used by businesses, local governments, and other entities as a cash management tool, often for payroll transactions. In spite of a loss of confidence in other parts of the financial system, the insured banking sector saw few bank runs during the...
Vulnerable Youth: Federal Policies on Summer Job Training and Employment
For decades, the federal government has played a role in helping vulnerable young people secure employment and achieve academic success through job training and employment programs, including summer youth employment opportunities. The enactment of the Workforce Investment Act (WIA, P.L. 105-220) in 1998 marked the first time since 1964 that states and localities did not receive funding specifically designated for summer employment programs for vulnerable youth. Although WIA does not authorize a stand-alone summer program, the law requires that local areas funded under its Youth Activities...
DOD Purchase of Renewable Energy Credits Under the National Defense Authorization Act of 2012
The Energy Policy Act (EPAct) of 2005 established renewable energy goals for federal government agencies. The National Defense Authorization Act for Fiscal Year 2012 directs the Secretary of Defense “to establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources.” This requires that each service purchase replacement renewable energy certificates (RECs) through either a centralized purchasing authority within the respective department, or the Defense...
Overview of the Authorization-Appropriations Process
A primary avenue for exercising Congress’s power of the purse is the authorization and appropriation of federal spending to carry out government activities. While the power over appropriations is granted to Congress by the U.S. Constitution, the authorization-appropriation process is derived from House and Senate rules. The formal process consists of two sequential steps: (1) enactment of an authorization measure that may create or continue an agency or program as well as authorize the subsequent enactment of appropriations; and (2) enactment of appropriations to provide funds for the...
Dispute Settlement in the World Trade Organization (WTO): An Overview
The World Trade Organization (WTO) Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides a means for WTO Members to resolve disputes arising under WTO agreements. WTO Members must first attempt to settle their dispute through consultations, but if these fail the Member initiating the dispute may request that a panel examine and report on its complaint. The DSU provides for Appellate Body (AB) review of panel reports, panels to determine if a defending Member has complied with an adverse WTO decision by the established deadline in a case, and possible...
Entitlements and Appropriated Entitlements in the Federal Budget Process
Entitlements are programs that require payments to persons, state or local governments, or other entities if specific eligibility criteria established in the authorizing law are met. Entitlement payments are legal obligations of the federal government, and eligible beneficiaries may have legal recourse if full payment under the law is not provided. This report provides a brief explanation of spending for entitlements, including so-called appropriated entitlements, and discusses the procedural and statutory constraints on legislation affecting such entitlement spending.
Air emissions from outer continental shelf (OCS) operations are subject to different regulatory programs, depending on the location of the operation. The Department of the Interior (DOI) has jurisdiction over OCS sources in federal waters in the western Gulf of Mexico and most of the central Gulf. In addition, the Consolidated Appropriations Act, 2012 (P.L. 112-74), transferred air emission authority in the OCS off Alaska’s north coast from the Environmental Protection Agency (EPA) to DOI. EPA has jurisdiction over sources in all other federal waters.
The primary difference between the EPA...
Basic Federal Budgeting Terminology
In its most elemental form, the federal budget is a comprehensive accounting of the government’s spending, revenues, and borrowing. This report provides a brief overview of the basic terminology and concepts used in the federal budget process.
Special Order Speeches and Other Forms of Non-Legislative Debate in the House
Rules in the House of Representatives can limit the time allowed for floor speeches and require debate to be germane to pending business. A series of unanimous consent practices have evolved that permit Members to address the House for specified durations and at specified times on subjects of their own choosing, outside the consideration of legislative business. The principal forms of such non-legislative debate are special order speeches, one-minute speeches, and morning hour debates.
World Trade Organization (WTO) Decisions and Their Effect in U.S. Law
Congress has comprehensively dealt with the legal effect of World Trade Organization (WTO) agreements and dispute settlement results in the United States in the Uruguay Round Agreements Act (URAA), P.L. 103-465. The act provides that domestic law prevails over conflicting provisions of WTO agreements and prohibits private remedies based on alleged violations of these agreements. As a result, provisions of WTO agreements and WTO panel and Appellate Body reports adopted by the WTO Members that are in conflict with federal law do not have domestic legal effect unless and until Congress or the...
Baselines and Scorekeeping in the Federal Budget Process
Baselines and scorekeeping are an integral part of the federal budget process, providing lawmakers with a framework for making and enforcing budgetary decisions. The existing-law baseline, currently used by Congress, is a projection of federal spending, revenue, and the deficit (or surplus) that would occur if existing law were left unchanged. The baseline serves as a benchmark for federal budget decisions. Scorekeeping is the process by which the budgetary impact of proposed and enacted budget policies is measured; it assists Congress in making and enforcing budgetary decisions. This...
Membership of the 112th Congress: A Profile
Report that presents a profile of the membership of the 112th Congress (2011-2012). Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.
Congressional Redistricting: An Overview
The decennial apportionment process determines the number of seats in the House of Representatives for which each state qualifies, based on population counts (for more on the apportionment process, see CRS Report R41357, The U.S. House of Representatives Apportionment Formula in Theory and Practice, by Royce Crocker). The redistricting process determines where those seats are geographically located within each state. Apportionment allocates the seats by state, while redistricting draws the maps.
Redistricting is a state process governed by federal law. Much of this law is judicially...
Federal Civil Rights Statutes: A Primer
Under federal law, an array of civil rights statutes is available to protect individuals from discrimination. This report provides a brief summary of selected federal civil rights statutes, including the Civil Rights Act, the Equal Pay Act, the Voting Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, Title IX of the Education Amendments of 1972, the Rehabilitation Act, the Equal Credit Opportunity Act, the Equal Educational Opportunities Act, the Age Discrimination Act, the Civil Service Reform Act, the Immigration and Nationality Act, the Americans with...
House Legislative Procedures: Published Sources of Information
The House of Representatives has published information about its current procedures in three primary sources: a House manual, a book on House procedure written for everyday use, and a set of House precedents. The predecessors to these compilations also remain valuable for some purposes. These documents can enable Members and staff to study the House’s rules and precedents and to gauge how they are likely to apply in various circumstances.
As is evidenced by the name of the program, “choice” is one of the key components of the nation’s largest federal housing assistance program, the Section 8 Housing Choice Voucher (HCV, or voucher) program. The choice aspect of the program—that eligible families can use their federal subsidies to rent the housing they choose in the private market—differentiates it from the other major federal housing assistance programs, including public housing and project-based Section 8 rental assistance, which offer assistance tied to specific units of housing. Those programs have long been criticized...
Nutrition Labeling of Restaurant Menus
Rising rates of obesity and the resulting effects on citizens’ health and health care costs have prompted federal, state, and local policymakers to consider a number of policy options to reduce obesity levels in the United States, such as exercise promotion, nutrition education, and taxation of certain foods. Labeling of the nutritional content of foods purchased and consumed outside the home has been recommended by researchers and policymakers as one tool to address rising obesity rates.
The Federal Food, Drug, and Cosmetic Act (FFDCA, P.L. 75-717, as amended) authorizes the Food and...
Air Quality: EPA’s 2012 Proposed Changes to the Particulate Matter (PM) Standard
On June 29, 2012, the Environmental Protection Agency (EPA) published a proposal to revise the National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA) for particulate matter (PM), in response to a June 6, 2012, order issued by the U.S. Court of Appeals for the District of Columbia Circuit. Environmental and public health advocacy groups and 11 states had petitioned the agency, and subsequently filed suit in the D.C. Circuit alleging that EPA failed to perform its mandated duty to complete the review of the PM NAAQS within the statutory deadline. EPA has agreed to issue...
Update on Controlling Greenhouse Gases from International Aviation
EU ETS international aviation greenhouse gases GHG carbon dioxide CO2 S. 1956 emissions trading International Civil Aviation Organization ICAO UNFCCC European Union climate change global warming international flights Airlines for America A4A China cap-and-trade market-based incentives market-based mechanisms emissions control
The Asia-Pacific Economic Cooperation (APEC) Meetings in Vladivostok, Russia: Postscript
Russia hosted the Asia-Pacific Economic Cooperation’s (APEC’s) week-long series of senior-level meetings in Vladivostok on September 2-9, 2012. The 20th APEC Economic Leaders’ Meeting, the main event for the week, was held September 8-9, 2012. It was the first time that Russia had hosted the APEC meetings, as well as the first APEC Economic Leaders’ Meeting at which all the members were also members of the World Trade Organization (WTO).
U.S. expectations for the 20th APEC Economic Leaders’ Meeting were relatively low for a number of reasons. First, several of the members’ leaders either...
Federal Prison Inmates: Rehabilitative Needs and Program Participation
The stated mission of the Bureau of Prisons (BOP) is “to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.” In support of this mission, BOP offers a variety of rehabilitative programs, including work opportunities through the Federal Prison Industries (FPI), occupational education programs, literacy/GED courses, and a variety of drug abuse treatment...
Independent Regulatory Agencies, Cost-Benefit Analysis, and Presidential Review of Regulations
When issuing regulations that have the full force and effect of law, agencies are required to follow certain procedures. The Administrative Procedure Act (APA) of 1946 set up the basic framework for rulemaking: agencies are required to publish a notice of rulemaking in the Federal Register, take comments on the proposed rule, and publish a final rule in the Federal Register. Since the passage of the APA, additional procedures have been established in various statutes, executive orders, and guidance documents.
One potential change to the rulemaking process that has been discussed over the...
World Trade Organization Negotiations: The Doha Development Agenda
The WTO Doha Round of multilateral trade negotiations, begun in November 2001, has entered its 12th year. The negotiations have been characterized by persistent differences among the United States, the European Union, and developing countries on major issues, such as agriculture, industrial tariffs and non-tariff barriers, services, and trade remedies. Partly as a result of being labeled a development round to entice developing countries to participate in the first place, developing countries (including emerging economic powerhouses such as China, Brazil, and India) have sought the...
Small Business Innovation Research (SBIR) Program
This report discusses the Small Business Innovation Development Act (P.L. 97-219. The report also discusses the program's extensions and reauthorization activity over the years.
Pesticide Law: A Summary of the Statutes
This report summarizes the major statutory authorities governing pesticide regulation: the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and Section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended, as well as the major regulatory programs for pesticides. Text relevant to FIFRA is excerpted, with minor modifications, from the corresponding chapter of CRS Report RL30798, Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency, coordinated by David M. Bearden, which summarizes more than a dozen environmental...
Government Transparency and Secrecy: An Examination of Meaning and Its Use in the Executive Branch
From the beginnings of the American federal government, Congress has required executive branch agencies to release or otherwise make available government information and records. Some scholars and statesmen, including James Madison, thought access to information—commonly referred to in contemporary vernacular as “transparency”—was an essential cornerstone of democratic governance. Today, the federal government attempts to balance access to information with the need to protect certain information (including national security information and trade secrets) in order to achieve transparency....
The President-Elect: Succession and Disability Issues During the Transition Period
Presidential transition is usually defined as the period and process that take place when one President prepares to leave office, due to retirement or failure to win reelection, and a successor prepares for inauguration. In modern times, the transition period begins immediately after the general election, which is held on Tuesday after the first Monday in November of every presidential election year, and concludes on the following January 20, when the new chief executive is sworn in. For the purposes of this report, the preceding period, which begins with the national party nominating...
Congress has debated the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. During the 112th Congress, several mass-casualty shootings punctuated public discourse on gun control. In a January 8, 2011, Tucson, AZ, shooting, 6 people were killed and 14 wounded, including Representative Gabrielle Giffords, who was grievously wounded. In a July 20, 2012, Aurora, CO, theater shooting, 12 people were killed and 58 wounded. In an August 5, 2012, Milwaukee, WI, Sikh temple shooting, 6 people were...
Following the end of the apartheid era in South Africa in the early 1990s, the United States sought to increase economic relations with sub-Saharan Africa (SSA). President Clinton instituted several measures that dealt with investment, debt relief, and trade. Congress passed legislation that required the President to develop a trade and development policy for Africa.
Between 1960 and 1973, Africa’s economic growth was relatively strong, followed by a period of stagnation and decline for the subsequent two decades in many SSA countries. Current perspectives, however, indicate that many of...
India-U.S. Security Relations: Current Engagement
U.S.-India engagement on shared security interests is a topic of interest to the U.S. Congress, where there is considerable support for a deepened U.S. partnership with the world’s largest democracy. Congressional advocacy of closer relations with India is generally bipartisan and widespread; House and Senate caucuses on India and Indian-Americans are the largest of their kind. Caucus leaders have encouraged the Obama Administration to work toward improving the compatibility of the U.S. and Indian defense acquisitions systems, as well as to seek potential opportunities for co-development...
The Ryan White HIV/AIDS Program
The Ryan White HIV/AIDS Program makes federal funds available to metropolitan areas and states to assist in health care costs and support services for individuals and families affected by the human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). The Ryan White program currently serves more than half a million low-income people with HIV/AIDS in the United States; 29% of those served are uninsured, and an additional 56% are underinsured. The program is administered by the Health Resources and Services Administration (HRSA) of the Department of Health and Human...
Congressional Staff: Duties and Functions of Selected Positions
The United States Congress conducts several types of activities for which it employs staff. These activities include assisting Members in official responsibilities in personal, committee, leadership, or administrative office settings. Congressional career tracks generally mirror common stages of other professional careers, but with adaptations to the congressional workplace. These adaptations include relatively short career ladders on which staff may acquire substantial responsibilities in a relatively short period of time, and close support of a Member’s legislative and representational...
As part of a larger scheme to regulate drugs and other controlled substances, federal law prohibits the cultivation, distribution, and possession of marijuana. No exception is made for marijuana used in the course of a recommended medical treatment. Indeed, by categorizing marijuana as a Schedule I drug under the Controlled Substances Act (CSA), the federal government has concluded that marijuana has “no currently accepted medical use in treatment in the United States.” Yet 18 states and the District of Columbia have decriminalized medical marijuana by enacting exceptions to their state...
Hurricane Sandy and the 2012 Election: Fact Sheet
Report examining what actions the federal government might take to respond to Hurricane Sandy's impact on the November 6, 2012, election.
The U.S.-Panama Free Trade Agreement
On June 28, 2007, the United States and Panama signed a free trade agreement (FTA) after two and a half years and 10 rounds of negotiations. Negotiations formally concluded on December 16, 2006, with an understanding that changes to labor, environment, and intellectual property rights chapters would be made pursuant to future congressional input. These changes were agreed to and the FTA was signed in time to be considered under Trade Promotion Authority (TPA) legislation, which expired on July 1, 2007. TPA allows Congress to consider certain trade agreement implementing bills under...
U.S. Renewable Electricity: How Does Wind Generation Impact Competitive Power Markets?
U.S. wind power generation has experienced rapid growth in the last 20 years as total installed capacity has increased from 1,500 megawatts (MW) in 1992 to more than 50,000 MW in August of 2012. According to the Energy Information Administration (EIA), wind power provided approximately 3% of total U.S. electricity generation in 2011. Two primary policies provide market and financial incentives that support the wind industry and have contributed to U.S. wind power growth: (1) production tax credit (PTC)—a federal tax incentive of 2.2 cents for each kilowatt-hour (kWh) of electricity...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title VII, Derivatives
The financial crisis implicated the over-the-counter (OTC) derivatives market as a major source of systemic risk. A number of firms used derivatives to construct highly leveraged speculative positions, which generated enormous losses that threatened to bankrupt not only the firms themselves but also their creditors and trading partners. Hundreds of billions of dollars in government credit were needed to prevent such losses from cascading throughout the system. AIG was the best-known example, but by no means the only one.
Equally troublesome was the fact that the OTC market depended on the...
Federal Crop Insurance for Specialty Crops: Background and Legislative Proposals
The federal crop insurance program provides farmers with risk management tools to address crop yield and/or revenue losses on their farms. Farmers can purchase subsidized policies that pay an indemnity when their production or revenue falls below a guaranteed level.
Historically, the federal crop insurance program primarily has covered traditional farm program crops such as wheat, corn, and soybeans. However, the crop insurance program has expanded in recent decades, and policies are available now for a wide range of commodities, including specialty crops such as fruits and vegetables. In...
Natural Gas in the U.S. Economy: Opportunities for Growth
Due to the growth in natural gas production, primarily from shale gas, the United States is benefitting from some of the lowest prices for natural gas in the world and faces the question of how to best use this resource.
Different segments of the U.S. economy have different perspectives on the role natural gas can play. Suppliers, which have become the victims of their own production success, are facing low prices that are forecast to remain low. Some companies that have traditionally produced only natural gas have even turned their attention to oil in order to improve their financial...
Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine
The recent enactment of the Leahy-Smith America Invents Act (AIA), P.L. 112-29, suggests congressional interest in patents on diagnostic methods. In particular, Section 27 of the AIA required the U.S. Patent and Trademark Office to conduct a study on the patenting of genetic diagnostic tests. The 2012 decision of the Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories, Inc. also addressed these sorts of patents. The Court’s decision arguably placed severe limitations on the ability of inventors to obtain diagnostic method patents.
Some observers have welcomed Mayo v....
Federal Involvement in Flood Response and Flood Infrastructure Repair: Hurricane Sandy Recovery
Hurricane Sandy was a reminder that the United States is vulnerable to significant weather hazards, and that infrequent but intense flood events can cause significant damage and disruption. In addition to wind damages and electricity disruptions, the storm’s surge damaged property and infrastructure in coastal and inlet areas, while the storm’s rains and snowmelt swelled rivers and creeks. These impacts contributed to public safety concerns and private and public property loss. Although the storm was not notable for its wind intensity, Sandy’s significant size, its unusually low...
Congressional Investigations of the Department of Justice, 1920-2012: History, Law, and Practice
Legislative oversight is most commonly conducted through congressional budget, authorization, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment. But the adversarial, often confrontational, and sometimes high profile nature of congressional investigations sets it apart from the more routine, accommodative facets of the oversight process experienced in authorization, appropriations, or confirmation exercises. While all aspects of legislative oversight share the common goals of informing Congress so as to best accomplish its tasks of...
The Use of Federal Troops for Disaster Assistance: Legal Issues
Natural disasters, such as Hurricane Sandy, raise questions concerning the President’s legal authority to send active duty military forces into a disaster area and the permissible functions the military can perform to protect life and property and maintain order. The Stafford Act authorizes the use of the military for disaster relief operations at the request of the state governor, but it does not authorize the use of the military to perform law enforcement functions, which is ordinarily prohibited by the Posse Comitatus Act. However, the President may invoke other authorities to use...
Congress has in the past enacted legislation providing authority for the Department of Veterans Affairs (VA) to treat certain veterans for specific medical conditions resulting from their exposure to certain toxic substances or environmental hazards while on active military duty.
In the 1980s, officials at Camp Lejeune became aware of the presence of volatile organic compounds (VOCs) in drinking water samples. Camp Lejeune was placed on the National Priorities List by the Environmental Protection Agency in 1989, and the Agency for Toxic Substances and Disease Registry continues to monitor...
The term “burrowing in” is sometimes used to describe an employment status conversion whereby an individual transfers from a federal appointed (noncareer) position to a career position in the executive branch. Critics of such conversions note that they often occur during the transitional period in which the outgoing Administration prepares to leave office and the incoming Administration prepares to assume office. Conversions are permissible when laws and regulations governing career appointments are followed, but they can invite scrutiny because of the differences in the appointment and...
Community Development Block Grant Funds in Disaster Relief and Recovery
In the aftermath of presidentially declared disasters, Congress has used a variety of programs to help states and local governments finance recovery efforts, among them the Community Development Block Grant (CDBG) program. Over the years, Congress has appropriated supplemental CDBG funds to assist states and communities to recover from such natural disasters as hurricanes, earthquakes, and tornadoes. In addition, CDBG funds supported recovery efforts in New York City following the terrorist attacks of September 11, 2001; in Oklahoma City following the bombing of the Alfred Murrah Building...
Emergency Relief Program: Federal-Aid Highway Assistance for Disaster-Damaged Roads and Bridges
Report that looks at the eligibility of major highways and bridges recently damaged by Hurricanes Sandy and Irene to receive Emergency Relief Program assistance from the Federal Highway Administration.
Reallocation of Water Storage at Federal Water Projects for Municipal and Industrial Water Supply
Pursuant to congressional authorization, the U.S. Army Corps of Engineers (Corps) and the U.S. Bureau of Reclamation (Reclamation), the agencies with primary responsibility for federal water resources management, operate water projects for specified purposes. In the case of Corps dams and their related reservoirs, Congress generally has limited the use of such projects for municipal and industrial (M&I) water supply, but growing M&I demands have raised interest in—and concern about—changing current law and reservoir operations to give Corps facilities a greater role in M&I water storage....
Tax Reform: An Overview of Proposals in the 112th Congress
This report gives an overview of tax reform issues. The President and leading members of Congress have stated that fundamental tax reform is a major policy objective for the 112th Congress. Some Members have said that fundamental tax reform is needed in order to raise a large amount of additional revenue, which is necessary to reduce high forecast budget deficits and the sharply rising national debt. Congressional interest has been expressed in both a major overhaul of the U.S. tax system and the feasibility of levying a consumption tax.
Australia and the U.S. Rebalancing to Asia Strategy
Australia, a traditionally staunch U.S. ally, is exploring ways to support the U.S. strategy of increasing its involvement in Asia—often called the rebalancing to Asia strategy—at a time when Australia has embarked on significant cuts to its defense budget. Australia is seeking to strengthen its long-standing defense alliance with the United States without jeopardizing its important trade relationship with China. Australia’s strategic geography is increasingly focused on its north and west at a time when the United States is also increasingly focused on the same areas, namely Southeast...
Under Title IV-E of the Social Security Act, states, territories, and tribes are entitled to claim partial federal reimbursement for the cost of providing foster care, adoption assistance, and kinship guardianship assistance to children who meet federal eligibility criteria. The Title IV-E program, as it is commonly called, provides support for monthly payments on behalf of eligible children, as well as funds for related case management activities, training, data collection, and other costs of program administration. In FY2011, states (including the 50 states and the District of Columbia)...
Constitutionality of Retroactive Tax Legislation
The question is frequently asked whether Congress can enact retroactive tax legislation. It can be an important one for Congress because (1) an ever-growing number of tax provisions have expiration dates and some may not always be extended in a timely manner; (2) an interest in finding new revenue can encourage making a provision retroactive in order to increase the amount raised; and (3) an intent to influence behavior by means of a tax provision can sometimes include a desire to “penalize” past conduct.
It is clear there is no absolute constitutional bar to retroactive tax legislation....
Proliferation Control Regimes: Background and Status
Weapons of mass destruction (WMD), especially in the hands of radical states and terrorists, represent a major threat to U.S. national security interests. Multilateral regimes were established to restrict trade in nuclear, chemical, and biological weapons and missile technologies, and to monitor their civil applications. Congress may consider the efficacy of these regimes in the 112th Congress. This report provides background and current status information on the regimes.
The nuclear nonproliferation regime encompasses several treaties, extensive multilateral and bilateral diplomatic...
The Impact of the Federal Estate Tax on State Estate Taxes
An estate tax is a tax levied on the assets left behind by a decedent. The federal government and many state governments levy estate taxes or some type of tax on the transfer of assets at death. In 2012, the federal estate tax allows for a $5.12 million exclusion and a top rate of 35%. The federal estate tax is scheduled to revert to the pre-2001 structure on January 1, 2013, with a $1 million exclusion and top rate of 55%. The Administration’s FY2013 budget proposes a federal estate tax with a $3.5 million exemption and top rate of 45% for 2013. Many states also levy estate or inheritance...
Congress periodically establishes agricultural and food policy in an omnibus farm bill. The 112th Congress faces reauthorization of the current five-year farm bill (the Food, Conservation, and Energy Act of 2008, P.L. 110-246) because many of its provisions expire in 2012. The 2008 farm bill contained 15 titles covering farm commodity support, horticulture, livestock, conservation, nutrition assistance, international trade and food aid, agricultural research, farm credit, rural development, bioenergy, and forestry, among others.
The Senate approved its version of the 2012 omnibus farm...
The Philadelphia Convention of 1787 provided two methods of proposing amendments to the U.S. Constitution. In the first, Congress, by two-thirds vote in both houses, proposes amendments to the states. If three-fourths of the states (38 at present) vote to ratify the amendment, it becomes part of the Constitution. Since 1789, Congress has proposed 33 amendments by this method, 27 of which have been adopted. In the second method, if the legislatures of two-thirds of the states (34 at present) apply, Congress must call a convention to consider and propose amendments, which must meet the same...
The National Telecommunications and Information Administration (NTIA), an agency of the Department of Commerce, is the executive branch’s principal advisory office on domestic and international telecommunications and information policies. Its mandate is to provide greater access for all Americans to telecommunications services, support U.S. attempts to open foreign markets, advise on international telecommunications negotiations, and fund research for new technologies and their applications. NTIA also manages the distribution of funds for several key grant programs. Its role in federal...
U.S. International Trade: Trends and Forecasts
The global financial crisis and the U.S. recession, during the 19 months from December 2007 through June 2009, caused the U.S. trade deficit to decrease, or lessen, from August 2008 through May 2009. Since then it has begun to increase again as recovery has commenced. The financial crisis caused U.S. imports to drop faster than U.S. exports, but that trend has reversed as U.S. demand for imports recovers.
Exports of goods of $1,497 billion in 2011 increased from 2010 by $209 billion or 16%, while imports of goods of $2,236 billion in 2011 increased by $302 billion, also 16%, over 2010....
Existing U.S. sanctions on Burma are based on various U.S. laws and presidential executive orders. This report provides a brief history of U.S. policy towards Burma and the development of U.S. sanctions, a topical summary of those sanctions, and an examination of additional sanctions that have been considered, but not enacted, by Congress, or that could be imposed under existing law or executive orders. It also discusses recent easing of some of those sanctions and provisions under which additional sanctions could be waived or removed. The report concludes with a discussion of options for...
Managing the Nuclear Fuel Cycle: Policy Implications of Expanding Global Access to Nuclear Power
After several decades of widespread stagnation, nuclear power has attracted renewed interest in recent years. New license applications for 30 reactors have been announced in the United States, and another 548 are under construction, planned, or proposed around the world. In the United States, interest appears driven, in part, by tax credits, loan guarantees, and other incentives in the 2005 Energy Policy Act, as well as by concerns about carbon emissions from competing fossil fuel technologies.
A major concern about the global expansion of nuclear power is the potential spread of nuclear...
Federal Support for Academic Research
From the time of Vannevar Bush and his 1945 report on U.S. science policy, academic research has played a role in the nation’s economy. Vannevar Bush’s report, Science the Endless Frontier, maintained that major investments in research should be made to the nation’s universities. He stated that the research capacity of the colleges and universities was significantly important to long-term national interests. Currently, some Members of Congress have expressed concern about the health and competitiveness of the nation’s colleges and universities. There are those who continue to maintain that...
Export Clause: Limitation on Congress’s Taxing Power
The Export Clause, found in Article I, Section 9, Clause 5 of the U.S. Constitution, directly states “No Tax or Duty shall be laid on Articles exported from any State.” The Clause represents one of the few restrictions on Congress’s otherwise broad taxing power. Examples of taxes that have been found unconstitutional as applied to exports include the harbor maintenance tax and the excise tax on domestically mined coal.
The Clause prohibits taxes and duties that are targeted at exports or imposed on goods during “the course of exportation.” It also protects those services and activities...
Contemporary Developments in Presidential Elections
This report considers contemporary developments in presidential elections. It emphasizes three topics chosen for their recurring importance and notable recent developments: (1) nominating procedures; (2) campaign finance; and (3) the electoral college. The report highlights significant developments in these areas, particularly for the 2008 and 2012 elections. It also provides background information about the presidential election process in general. Other CRS products cited throughout this report provide additional information about the topics introduced here.
As the report notes, 2012 was...
President of the United States: Compensation
The Constitution of the United States provides that “The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected.... ” (Constitution of the United States, Article II, Section 1.) The amount of compensation, which is not specified in the Constitution, is set and adjusted by Congress. The President currently receives a salary of $400,000 per annum, which became effective at noon on January 20, 2001, under P.L. 106-58. (P.L. 106-58, Title VI, §644(a); September 29, 1999;...
FDA’s Authority to Regulate Drug Compounding: A Legal Analysis
In light of the recent meningitis outbreak, believed to have been caused by a contaminated compounded steroid injection, the regulation of drug compounding has received significant attention. Compounding is traditionally defined as a process of combining, mixing, or altering ingredients in order to create a medication for a particular patient. However, as in the case of the pharmacy that produced the steroid medication, concerns have been raised about compounding pharmacies producing drugs on a larger scale, something more akin to drug manufacturing. While drug compounding has historically...
Congressional oversight of policy implementation and administration has occurred throughout the history of the United States government under the Constitution. Oversight—the review, monitoring, and supervision of operations and activities—takes a variety of forms and utilizes various techniques. These range from specialized investigations by select committees to annual appropriations hearings, and from informal communications between Members or congressional staff and executive personnel to the use of extra-congressional mechanisms, such as offices of inspector general and study...
The U.S. Postal Service and Six-Day Delivery: History, Issues, and Current Legislation
After running modest profits from FY2004 through FY2006, USPS lost $25.4 billion between FY2007 and FY2011. Were it not for congressional action, USPS would have lost an additional $9.5 billion. In the first three quarters of FY2012, USPS had an $11.5 billion operational loss. USPS leaders, Congress, and the public have suggested methods that may increase revenue or reduce expenses. Among these suggestions is reducing the number of days per week that USPS delivers mail from six to five.
Members of the 112th Congress have introduced nine bills (H.R. 2309; H.R. 2434; H.R. 3591; H.R. 3744;...
This memorandum provides information on federal spending for programs explicitly intended for people with low or limited income.
A Guide to China’s Upcoming Leadership Transitions
China, the only Communist Party-led nation in the G-20 grouping of major economies, is in the midst of a sweeping set of political transitions that began in 2011 and could conclude as late as 2014. The most important of the transitions is to take place at the next of the Party’s quinquennial national congresses, the 18th Congress, scheduled to open on November 8, 2012, and at a Central Committee meeting immediately afterwards, at which the Party is to appoint a new General Secretary and a new collective leadership. Four months later, at the 12th National People’s Congress in March 2013,...
Job Growth During the Recovery
Congress in recent years passed a number of bills intended in part to jump-start a recovery in the labor market from the recession that began in December 2007. Members are interested in the labor market’s response to these measures to help them decide how well the legislation has worked and whether additional job-creation legislation may be warranted in light of the pace and composition of job growth since the recession’s end in June 2009. Accordingly, employment data from the U.S. Bureau of Labor Statistics is analyzed in this report from December 2007 to September 2012 (the latest month...
Georgia’s October 2012 Legislative Election: Outcome and Implications
Georgia’s continued sovereignty and independence and its development as a free market democracy have been significant concerns to successive Congresses and Administrations. The United States and Georgia signed a Charter on Strategic Partnership in early 2009 pledging U.S. support for these objectives, and the United States has been Georgia’s largest provider of foreign and security assistance. Most recently, elections for the 150-member Parliament of Georgia on October 1, 2012, have been viewed as substantially free and fair by most observers. Several Members of Congress and the...
Assessment in Elementary and Secondary Education: A Primer
In recent years, federal education legislation has placed an increased emphasis on assessment in schools. Perhaps most notably, Title I-A of the Elementary and Secondary Education Act (ESEA), as reauthorized by the No Child Left Behind Act (NCLB), requires states to test all students annually in grades 3 through 8 and once in high school in the areas of reading and mathematics. These assessments are used as key indicators in an accountability system that determines whether schools are making progress with respect to student achievement. To receive Title I funding, states must also...
The President’s Emergency Plan for AIDS Relief (PEPFAR) is the largest bilateral health initiative in the world. The 2003 pledge of President George W. Bush to spend $15 billion over five years on fighting HIV/AIDS, tuberculosis (TB), and malaria was considered groundbreaking. The initiative challenged the international community to reject claims that large-scale HIV/AIDS treatment plans could not be carried out in low-resource settings. In December 2002, one month before PEPFAR was announced, only 50,000 people of the estimated 4 million requiring anti-retroviral (ARV) medicines in...
In Brief: State Department Bureau of Conflict and Stabilization Operations (CSO)
[Suppress Summary and Table of Contents] Key Words: State Department, stabilization, reconstruction, conflict, conflict management, conflict prevention, conflict transitions, peacebuilding, post-conflict, stability operations, interagency, foreign assistance.
U.S. Renewable Electricity: How Does the Production Tax Credit (PTC) Impact Wind Markets?
U.S. wind projects that use large turbines—greater than 100 kilowatts (kW)—are eligible to receive federal tax incentives in the form of production tax credits (PTC) and accelerated depreciation. Originally established in 1992, the PTC has played a role in the evolution and growth of the U.S. wind industry. Under existing law, wind projects placed in service on or after January 1, 2013, will not be eligible to receive the PTC incentive. Industry proponents are advocating for an extension of PTC availability, citing employment, economic development, and other considerations as justification...
This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA consists of three parts. The first, often referred to as Title III, outlaws wiretapping and electronic eavesdropping, except as otherwise provided. The second, the Stored Communications Act, governs the privacy of, and government access to, the content of electronic communications and to related records. The third outlaws the use and installation of pen registers and of trap and trace devices, unless judicially approved for law enforcement or...
Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
As the 2012 election cycle heats up, there are allegations that some houses of worship have engaged in impermissible activities. Under the Internal Revenue Code (IRC), churches and other houses of worship with tax-exempt 501(c)(3) status may not participate in campaign activity. They are permitted under the tax laws to engage in other activities that are political in nature (e.g., distribute voter guides and invite candidates to speak at church functions) so long as the activity does not support or oppose a candidate. Additionally, religious leaders may engage in campaign activity in their...
Presidential Appointments, the Senate’s Confirmation Process, and Changes Made in the 112th Congress
The responsibility for populating top positions in the executive and judicial branches of government is one the Senate and the President share. The President nominates an individual, the Senate may confirm him, and the President would then present him with a signed commission. The Constitution divided the responsibility for choosing those who would run the federal government by granting the President the power of appointment and the Senate the power of advice and consent.
Several hundred people go through the appointments process each year. Prior to the adoption of the measures discussed...
Privacy: An Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years;...
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability...
Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping
This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA consists of three parts. The first, often referred to as Title III, outlaws wiretapping and electronic eavesdropping, except as otherwise provided. The second, the Stored Communications Act, governs the privacy of, and government access to, the content of electronic communications and to related records. The third outlaws the use and installation of pen registers and of trap and trace devices, unless judicially approved for law enforcement or...
2012-2013 Presidential Election Period: National Security Considerations and Options
A presidential election period is a unique time in America and holds the promise of opportunity, as well as a possible risk to the nation’s security interests. While possible changes in Administration during U.S. involvement in national security-related activities are not unique to the 2012-2013 election period, many observers suggest that the current security environment may portend a time of increased risk to the current presidential election period. Whether the enemies of the United States choose to undertake action that may harm the nation’s security interests during the 2012-2013...
Sudan and South Sudan: Current Issues for Congress and U.S. Policy
Congress has played an active role in U.S. policy toward Sudan for more than three decades. Efforts to support an end to the country’s myriad conflicts and human rights abuses have dominated the agenda, as have counterterrorism concerns. When unified (1956-2011), Sudan was Africa’s largest nation, bordering nine countries and stretching from the northern borders of Kenya and Uganda to the southern borders of Egypt and Libya. Strategically located along the Nile River and the Red Sea, Sudan was historically described as a crossroads between the Arab world and Africa. Domestic and...
Federal Grants-in-Aid Administration: A Primer
Congressional authorization of federal assistance to state and local governments can be traced back to the Continental Congress and its approval of the granting of nationally owned land to states formed out of the Northwest Territory. Those lands were to be sold for the support of public education. Congress subsequently granted millions of acres of land to states to support various congressional priorities, including wagon road and canal construction, improvements to river navigation, and the establishment of land grant colleges. The first federal cash grant program was adopted in 1808, to...
Sequestration: A Review of Estimates of Potential Job Losses
Policymakers and economists have expressed concern that spending cuts and tax increases (commonly referred to as the “fiscal cliff”) may push a slowly growing economy into recession in 2013. In summer 2012, policymakers particularly focused on how sequestration as delineated in the Budget Control Act (BCA) of 2011 (P.L. 112-25) might affect employment in the near term. (Sequestration refers to an automatic cancellation of a portion of federal agencies’ budgetary resources.) Effective on January 2, 2013, the BCA imposes across-the-board spending cuts split about equally (in dollar terms)...
Israel: Possible Military Strike Against Iran’s Nuclear Facilities
Several published reports indicate that top Israeli decisionmakers are seriously considering whether to order a military strike on Iran’s nuclear facilities, and if so, when. Twice in Israel’s history, it has conducted air strikes aimed at halting or delaying what Israeli policymakers believed to be efforts to acquire nuclear weapons by a Middle Eastern state—destroying Iraq’s Osirak reactor in 1981 and a facility the Israelis identified as a reactor under construction in Syria in 2007. Today, Israeli officials generally view the prospect of a nuclear-armed Iran as an unacceptable threat...
Of the more than 400,000 children in foster care on a given day, as many as 24,000 (about 6%) receive Supplemental Security Income (SSI) or other Social Security benefits. Some research suggests that a greater number of children in foster care might be eligible for SSI benefits if this assistance was sought. SSI benefits are available under Title XVI of the Social Security Act for certain disabled children from families with low incomes and minimal assets. Other Social Security benefits may be paid under Title II of the act to the children of workers who have retired, become disabled, or...
On July 6, 2012, President Barack Obama signed the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141). The act authorized spending on federal highway and public transportation programs, surface transportation safety and research, and some rail programs and activities through September 30, 2014. MAP-21 authorized roughly $105 billion for FY2013 and FY2014 combined. It also extended FY2012 surface transportation authorizations to the end of the fiscal year, raising the total authorization to approximately $118 billion.
Most of the funding for surface transportation...
U.S. Initial Public Stock Offerings and the JOBS Act
Over the past decade, many sources have reported a precipitous decline in the number of initial public offerings (IPOs) in the United States. These statistics raise several questions: what has caused such a decline? What are the implications for the U.S. economy, and particularly for job creation? At the same time as IPOs appear to have fallen, the amount of private stock offerings has increased, suggesting growth in an alternative source of equity financing.
This report analyzes factors contributing to the decline in IPOs, differences between an IPO involving the sale of shares to the...
War Powers Resolution: Presidential Compliance
Two separate but closely related issues confront Congress each time the President introduces Armed Forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of Armed Forces falls within the purview of the congressional power to declare war and the War Powers Resolution (WPR). The other issue is whether or not Congress concurs in the wisdom of the action. This report does not deal with the substantive merits of using Armed Forces in specific cases, but...
An Overview of Tax Provisions Expiring in 2012
A number of tax provisions have either expired at the end of 2011 or are scheduled to expire at the end of this year. This report provides an overview of these expiring provisions.
Energy Tax Policy: Issues in the 112th Congress
The economic rationale for interventions in energy markets helps inform the debate surrounding energy tax policy. This report begins by providing background on the economic rationale for energy market interventions, highlighting various market failures. After identifying possible market failures in the production and consumption of energy, possible interventions are discussed. The report concludes with an analysis of energy tax policy as it stands at the start of the 112th Congress.
Hunting, Fishing, Recreational Shooting, and Other Wildlife Measures: S. 3525
The House and Senate have been considering various approaches to open more federal lands to hunting, fishing, and recreational shooting. S. 3525 addresses some of the same topics as H.R. 4089, which passed the House on April 17, 2012. Both concern hunting, fishing, and recreational shooting, but the bills take different approaches. While H.R. 4089 directs changes to federal land management and land planning, S. 3525 allows existing management to continue, requiring only that land managers assemble priority lists to improve access for those activities.
Several issues related to hunting,...
Public diplomacy involves U.S. government activities to conduct U.S. foreign policy and promote U.S. national interests through direct outreach and communication with the population of foreign countries. Public diplomacy and international broadcasting activities, conducted by the Department of State, U.S. diplomatic personnel abroad, and U.S. international broadcasters such as the Voice of America, include providing information to foreign publics through broadcast and Internet media and at libraries and other outreach facilities in foreign countries; conducting cultural diplomacy, such as...
The Rum Excise Tax Cover-Over: Legislative History and Current Issues
Under current law, the excise tax on rum is $13.50 per proof gallon and is collected on rum produced in or imported into the United States. Through 2011, $13.25 per proof gallon of imported rum is transferred or “covered over” to the Treasuries of Puerto Rico (PR) and the United States Virgin Islands (USVI). In FY2011, PR received over $449.0 million in revenue and the USVI received over $133.5 million. The law does not impose any restrictions on how PR and USVI can use the transferred revenues. Both territories use some portion of the revenue to promote and assist the rum industry.
The...
Airport Body Scanners: The Role of Advanced Imaging Technology in Airline Passenger Screening
Responding to the need to reliably detect explosives, bomb-making components, and other potential security threats concealed by airline passengers, the Transportation Security Administration (TSA) has focused on the deployment of whole body scanners as a core element of its strategy for airport checkpoint screening. TSA has deployed about 700 of these scanners, known as whole body imagers (WBI) or advanced imaging technology (AIT), at airports throughout the United States, and plans to have 1,800 in place by the end of FY2014. AIT systems include two technologies: millimeter wave systems...
Recent Protests in Muslim Countries: Background and Issues for Congress
Muslims in a number of countries have responded in recent days with anger at the United States that many observers describe as a response to a privately produced film circulating on the Internet that denigrates Islam and the prophet Mohammed. In some cases, this outrage has taken the form of public expressions by relatively small groups of demonstrators, and in other countries the demonstrations have been larger. In the most extreme cases, such demonstrations have been accompanied by violent attacks against U.S. diplomatic personnel and diplomatic facilities. Pre-existing anti-U.S....
National Security and Emergency Preparedness Communications: A Summary of Executive Order 13618
In the event of a national security crisis or disaster, federal, state, local, and territorial government and private sector communications are important. National security and emergency preparedness communication systems include landline, wireless, broadcast and cable television, radio, public safety systems, satellite communications, and the Internet. For instance, federal national security and emergency preparedness communications programs include the Government Emergency Telecommunications Service, Wireless Priority Service, and classified messaging related to the Continuity of...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2004-2011
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2004-2011, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2004-2007, 2008-2011, and 2011 alone. In addition, the report provides data tables listing the total dollar...
In recent years, a recurring subject of debate in the Senate has been the length of time taken for lower court nominations to receive Senate confirmation. During the 111th and 112th Congresses, this debate has focused, in part, on President Obama’s uncontroversial nominees to U.S. circuit and district court judgeships—and on whether, or to what extent, such nominees have waited longer to receive Senate confirmation than the uncontroversial judicial nominees of other recent Presidents.
To more fully inform this debate, the following report provides a statistical overview, from Presidents...
The Tobacco Control Act’s Ban of Clove Cigarettes and the WTO: A Detailed Analysis
In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), which banned the sale of all flavored cigarettes, except menthol cigarettes, in Section 907(a)(1)(A). Indonesia, a major producer of clove cigarettes, challenged the Tobacco Control Act’s ban on non-menthol flavored cigarettes before a World Trade Organization (WTO) panel, claiming, among other things, that it violated Articles 2.1 and 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement). Article 2.1 requires WTO members to ensure that domestic regulations setting forth...
Prospects for Democracy in Hong Kong: Results of the 2012 Elections
Hong Kong selected a new Chief Executive and Legislative Council (Legco) in March and September of 2012, respectively. Both elections delivered surprising results for different reasons. The eventual selection of Leung Chu-ying (CY Leung) as Chief Executive came after presumed front-runner Henry Tang Ying-yen ran into a series of personal scandals. The Legco election results surprised many as several of the traditional parties fared poorly while several new parties emerged victorious.
The 2012 elections in Hong Kong are important for the city’s future prospect for democratic reforms...
Family Law: Congress’s Authority to Legislate on Domestic Relations Questions
Under the United States Constitution, Congress has little direct authority to legislate in the field of domestic relations. The primary authority and responsibility to legislate in the domestic relations arena lies with the individual states. The rationale behind this approach is the lack of overriding national considerations in the family law area. However, states’ freedom to legislate has led to substantial variation between the individual states on many topics including incidents of marriage, divorce and child welfare. As such, Congress continues to utilize a number of indirect...
While the federal government plays a role in supporting adoption through grants and tax benefits, states have the primary responsibility in setting policy to govern child adoption. As such, states may restrict adoption based on a myriad of factors including sexual orientation and/or marital status. For example, while most states are silent on the issue of adoption by gay and/or lesbian individuals or same-sex couples, states such as Florida, Arkansas, and Mississippi have statutory provisions which prevent such individuals or couples from adopting. However, lower courts in Florida and...
Housing Issues in the 112th Congress
As the 112th Congress began, the economy was no longer officially in recession. However, housing markets remain fragile, many economic indicators remain weak, and home foreclosure rates remain high. Against this backdrop, the 112th Congress has considered a number of housing-related issues. Broadly speaking, these issues include long-term questions related to reforms to the housing finance system, short-term concerns related to ongoing turmoil in housing markets, perennial issues related to housing assistance programs, and possible reductions in funding for housing programs administered by...
Whistleblower Protections Under Federal Law: An Overview
Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistleblower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistleblower protections for individuals in certain private-sector employment through the adoption of whistleblower provisions in at least 18 federal statutes. Among these statutes are the...
The Unemployment Trust Fund and Reed Act Distributions
Under the Federal Unemployment Tax Act (FUTA; P.L. 76-379), the federal unemployment tax on employers finances the states’ administrative costs of Unemployment Compensation (UC) and loans to states with insolvent UC programs. The extended benefits program is funded 50% by the federal government and 50% by the states, but the 2009 stimulus package (P.L. 111-5 §2005) as amended temporarily provides for 100% federal funding of this program through December 31, 2012.
FUTA tax revenues are placed into the Unemployment Trust Fund (UTF) that—among its many accounts—contains three federal accounts...
U.S. policy makers have closely followed the 2012 elections in Mexico, a key ally with whom the United States shares a nearly 2,000-mile border and some $460 billion in annual bilateral trade. On July 1, 2012, Mexico held federal (presidential and legislative) elections. Turnout reached record levels as 63% of eligible voters cast their ballots. Mexico’s Federal Electoral Institute (IFE) conducted the elections with the oversight of the Federal Electoral Tribunal (TEPFJ). Some election observers asserted that vote-buying and other irregularities marred the electoral process, while...
The bursting of the housing bubble in 2006 precipitated the December 2007-June 2009 recession and a financial panic in September 2008. With the housing market seen as a locus for many of the economic problems that emerged, some Members of Congress propose intervening in the housing market as a means of improving not only the housing market itself but also the financial sector and the broader economy. Critics are concerned that further intervention could prolong the housing slump, delay recovery, and affect outcomes based on the government’s preferences. One frequently discussed proposal...
Automobile and Truck Fuel Economy (CAFE) and Greenhouse Gas Standards
In recent years, as oil and gasoline prices have risen and concerns over greenhouse gas emissions and climate change have grown, there has been a resurgence of interest in the fuel economy and emissions of motor vehicles in the United States. Federal fuel economy and greenhouse gas standards have become a focal point for addressing these concerns. The debate over rising fuel efficiency and greenhouse gas standards for passenger vehicles and heavy trucks has been controversial. Proponents of higher fuel economy argue that new standards will create incentives for the development of new...
The U.S. financial system processes millions of transactions each day representing daily transfers of trillions of dollars, securities, and other assets to facilitate purchases and payments. Concerns had been raised, even prior to the recent financial crisis, about the vulnerability of the U.S. financial system to infrastructure failure. These concerns about the “plumbing” of the financial system were heightened following the market disruptions of the recent crisis.
The financial market infrastructure consists of the various systems, networks, and technological processes that are necessary...
Report that covers the history and current status of unmanned aerial vehicles (UAVs). Particular attention is paid to recent privacy implications and potential intrusiveness of drone operations that have emerged as a significant issue before Congress. It also looks at the current Federal Aviation Administration (FAA) timeline to establish six test ranges throughout the United States to study unmanned aircraft integration technical issues.
Global Access to Clean Drinking Water and Sanitation: U.S. and International Programs
According to a 2012 report released by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF), roughly 780 million people around the world lack access to clean drinking water and an estimated 2.5 billion people (roughly 40% of the world’s population) are without access to safe sanitation facilities. The United States has long supported efforts to improve global access to clean water, sanitation, and hygiene (WASH). In 2000, for example, the United States signed on to the Millennium Development Goals, one of which includes a target to halve the proportion of...
Arizona v. United States: A Limited Role for States in Immigration Enforcement
On June 25, 2012, the Supreme Court issued its much-anticipated decision in Arizona v. United States, ruling that some aspects of an Arizona statute intended to deter unlawfully present aliens from remaining in the state were preempted by federal law, but also holding that Arizona police were not facially preempted from running immigration status checks on persons stopped for state or local offenses. In reaching these conclusions, the Supreme Court made clear that opportunities for states to take independent action in the field of immigration enforcement are more constrained than some had...
Authority of State and Local Police to Enforce Federal Immigration Law
The power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, and primarily with Congress. Concomitant to its exclusive power to determine which aliens may enter and which may stay in the country, the federal government also has the power to proscribe activities that subvert this system. Congress has defined our nation’s immigration laws in the Immigration and Nationality Act (INA), a comprehensive set of laws governing legal immigration, naturalization, work authorization, and the entry and removal...
TARP Assistance for Chrysler: Restructuring and Repayment Issues
The recent recession and accompanying credit crisis posed severe challenges for all automakers, but especially for General Motors and Chrysler. Executives of both companies testified before congressional committees in the fall of 2008 requesting federal bridge loans. Legislation that would have provided such financial assistance passed the House of Representatives but did not pass the Senate. In lieu of that assistance, the Bush Administration turned to the Troubled Asset Relief Program (TARP), a $700 billion program that was enacted in October 2008 to shore up the financial system and...
The National Labor Relations Act: Background and Selected Topics
The National Labor Relations Act (NLRA or “the Act”) recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. By “encouraging the practice and procedure of collective bargaining,” the Act attempts to mitigate and eliminate labor-related obstructions to the free flow of commerce. Although union membership has declined dramatically since the 1950s, congressional interest in the NLRA remains significant. In the 112th Congress, over 30 bills have been introduced to amend the NLRA. Some of these bills address the timing of union...
The Senior Executive Service: Background and Options for Reform
The Senior Executive Service (SES) was established by the Civil Service Reform Act of 1978 (CSRA; P.L. 95-454, 92 Stat. 1111). Congress created the SES to provide a government-wide, mobile corps of managers within federal agencies. The SES, comprising mostly career appointees who are chosen through a merit staffing process, is the link between the politically appointed heads of agencies and the career civil servants within those agencies. The creators of the SES envisioned it as a cadre of high-level managers in the government who would provide leadership for agencies across...
Legal Analysis of Religious Exemptions for Photo Identification Requirements
Recent controversies over state laws requiring voters to present identification when casting their ballots have raised questions about the burdens imposed on individuals who do not have photo identification, including those who object to photographs based on religious beliefs. The 112th Congress has introduced a number of bills directed at so-called voter ID requirements. Congress also has previously considered federal photo identification requirements, most recently in the REAL ID Act of 2005. A number of religious beliefs may conflict with requirements for photo identification, leading...
NFIB v. Sebelius: Constitutionality of the Individual Mandate
In one of the most highly anticipated decisions in recent years, the Supreme Court released its ruling regarding the constitutionality of the Affordable Care Act (ACA) in June 2012. In NFIB v. Sebelius, the Court largely affirmed the constitutionality of ACA, including its individual mandate provision. In a move that was unexpected to many, the Court upheld the mandate as a valid exercise of Congress’s taxing power, but not its Commerce Clause power.
First, Chief Justice Roberts, in a controlling opinion, found that the Commerce Clause does not provide Congress with the authority to enact...
National Mortgage Servicing Standards: Legislation in the 112th Congress
This report analyzes the potential misaligned incentives in the servicer-mortgage holder relationship and the servicing standards that attempt to address each concern, the servicer-borrower relationship and the relevant servicing provisions, as well as the possible implications of reforming the servicing industry.
The Consumer Financial Protection Bureau (CFPB), which formally started operating on July 21, 2011, was established by Title X of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act (P.L. 111-203, the Dodd-Frank Act). The creation of the CFPB consolidates many existing consumer financial protection responsibilities into one agency. The Dodd-Frank Act states that the purpose of the CFPB is to implement and enforce federal consumer financial law while ensuring that consumers can access financial products and services. The CFPB is also instructed to ensure that the markets...
Political Ads: Issue Advocacy or Campaign Activity Under the Tax Code?
Television and radio airwaves are inundated with political ads right now, and their numbers will only increase as the November 2012 elections get closer. Some ads expressly tell viewers or listeners which candidate to vote for or against. Others take a different approach. These ads typically urge people to contact an elected official, who also happens to be a candidate in the upcoming election, and tell him/her to support an issue or piece of legislation. Sometimes they do not even mention any candidate/officeholder by name, yet some still feel political in nature.
The question of whether...
Weather-Related Power Outages and Electric System Resiliency
High winds, especially when combined with precipitation from seasonal storms, can cause damage to electricity utility systems, resulting in service interruptions to large numbers of electricity customers. While most such power outages are caused by damage from trees and tree limbs falling on local electricity distribution lines and poles, major power outages tend to be caused by damage to electricity transmission lines, which carry bulk power long distances. Depending on the severity of the storm and resulting impairment, power outages can last a few hours or extend to periods of several...
The bursting of the housing bubble in 2006 precipitated the December 2007-June 2009 recession and a financial panic in September 2008. With the housing market seen as a locus for many of the economic problems that emerged, some Members of Congress propose intervening in the housing market as a means of improving not only the housing market itself but also the financial sector and the broader economy. Critics are concerned that further intervention could prolong the housing slump, delay recovery, and affect outcomes based on the government’s preferences. Three frequently discussed proposals...
Internet Firearm and Ammunition Sales
As the Internet has become a significant venue for facilitating commercial transactions, concerns have arisen regarding the use of this medium to transfer firearms. This report discusses the sale of firearms and ammunition over the Internet, with a focus on the extent to which federal law regulates such activity. A review of the relevant factors indicates Internet-based firearm transactions are subject to the same regulatory scheme governing traditional firearm transactions. Over the years, this has raised concern about the possibility of increased violation of federal firearm laws, as...
Privacy and Civil Liberties Oversight Board: New Independent Agency Status
This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
Conventional Arms Transfers to Developing Nations, 2004-2011
This report is prepared annually to provide Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all suppliers, but the principal focus is the level of arms transfers by major weapons suppliers to nations...
The Postal Accountability and Enhancement Act of 2006
President George W. Bush signed the Postal Accountability and Enhancement Act (PAEA; P.L. 109-435; 120 Stat. 3198) on December 20, 2006. The PAEA was the first broad revision of the 1970 statute that replaced the U.S. Post Office with the U.S. Postal Service (USPS), a self-supporting, independent agency of the executive branch.
This report describes Congress’s pursuit of postal reform and summarizes the major provisions of the new postal reform law. The report also suggests possible PAEA-related oversight issues for Congress.
Legislatively, the pursuit of reform of the U.S. Postal Service...
Chinese Tire Imports: Section 421 Safeguards and the World Trade Organization (WTO)
On April 20, 2009, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed a petition with the U.S. International Trade Commission (ITC) requesting an investigation under Section 421 of the Trade Act of 1974, 19 U.S.C. §2451, a trade remedy statute addressing import surges from China, to examine whether Chinese passenger vehicle and light truck tires were causing market disruption to U.S. tire producers. Market disruption will be found to occur under Section 421 whenever imports of a Chinese product that is “like...
Critical Infrastructure Resilience: The Evolution of Policy and Programs and Issues for Congress
In 2006, the Critical Infrastructure Task Force of the Homeland Security Advisory Council initiated a public policy debate arguing that the government’s critical infrastructure policies were focused too much on protecting assets from terrorist attacks and not focused enough on improving the resilience of assets against a variety of threats. According to the Task Force, such a defensive posture was “brittle.” Not all possible targets could be protected and adversaries could find ways to defeat defenses, still leaving the nation having to deal with the consequences. The Task Force advocated...
Deductibility of Corporate Campaign Expenditures
As the 2012 election cycle heats up, one question often asked is whether businesses may deduct amounts spent on political activities as a business expense. A related question is whether they may deduct dues paid to a 501(c)(6) trade association that then engages in such activities. These questions have greater significance in light of the Supreme Court’s 2010 decision in Citizens United v. FEC, which struck down long-standing prohibitions in federal campaign finance law on corporations making certain types of campaign-related expenditures.
Section 162(e) of the Internal Revenue Code (IRC)...
Afghanistan: U.S. Foreign Assistance
The U.S. program of assistance to Afghanistan is intended to stabilize and strengthen the Afghan economic, social, political, and security environment so as to blunt popular support for extremist forces in the region. Since 2001, nearly $83 billion has been appropriated toward this effort.
Since FY2002, nearly two-thirds of U.S. assistance—roughly 62%—has gone to the training and equipping of Afghan forces. The remainder has gone to development and humanitarian-related activities from infrastructure to private sector support, governance and democratization efforts, and counter-narcotics...
501(c)(3) Organizations: What Qualifies as “Educational”?
Concern is sometimes expressed that certain entities which qualify for tax-exempt 501(c)(3) status as “educational” organizations have abused their exemption by advocating a policy viewpoint. The argument is that these entities should have to present information on both sides of an issue equally and neutrally, without opinion.
The term “educational” is not defined in the Internal Revenue Code (IRC). It is defined by regulation to encompass individual instruction, as well as public instruction “on subjects useful to the individual and beneficial to the community.”
The question here is how...
When Congressional Legislation Interferes with Existing Contracts: Legal Issues
Laws enacted by Congress on occasion interfere with contracts entered into before enactment, prompting suits against the United States by disappointed contract parties. In a few of them, courts have awarded billions of dollars to the United States’ contracting partners. This report surveys the legal theories invoked in such suits. Note that litigation on the grounds covered herein can be avoided entirely if the congressional enactment is construed to apply only to future contracts.
Two competing interests underlie this report’s topic. On the one hand, protection of settled expectations, at...
Federal Programs Related to Indoor Pollution by Chemicals
“Toxic” drywall, formaldehyde emissions, mold, asbestos, lead-based paint, radon, PCBs in caulk, and many other indoor pollution problems have concerned federal policy makers and regulators during the last 30 years. Some problems have been resolved, others remain of concern, and new indoor pollution problems continually emerge. This report describes common indoor pollutants and health effects that have been linked to indoor pollution, federal statutes that have been used to address indoor pollution, key issues, and some general policy options for Congress.
Indoor pollutants are chemicals...
Effects of Tohoku Tsunami and Fukushima Radiation on the U.S. Marine Environment
The massive Tohoku earthquake and tsunami of March 11, 2011, caused extensive damage in northeastern Japan, including damage to the Fukushima Dai-ichi nuclear power installation, which resulted in the release of radiation. Some have called this incident the biggest manmade release ever of radioactive material into the oceans. Concerns arose about the potential effects of this released radiation on the U.S. marine environment and resources.
Both ocean currents and atmospheric winds have the potential to transport radiation over and into marine waters under U.S. jurisdiction. It is unknown...
Child Custody and Support: Frequently Asked Questions
Under the U.S. Constitution, Congress has little direct authority to legislate in the field of domestic relations. Generally, state policy guides these decisions. Despite the lack of direct authority to legislate domestic relations issues, Congress continues to enact federal laws that indirectly affect family law questions concerning child custody and support. This report answers questions frequently asked regarding the interplay between federal and state laws governing these areas.
Why Some Fuel-Efficient Vehicles Are Not Sold Domestically
diesel vehicles, EPA, greenhouse gas emissions, Volkswagen, Ford, fuel efficiency, miles per gallon, automobiles
JP Morgan Trading Losses: Implications for the Volcker Rule and Other Regulation
On May 10, 2012, JP Morgan disclosed that it had lost more than $2 billion by trading financial derivatives. Jamie Dimon, CEO and chairman of JP Morgan, reported that the bank’s Chief Investment Office (CIO) executed the trades to hedge the firm’s overall credit exposure as part of the bank’s asset liability management program (ALM). The CIO operated within the depository subsidiary of JP Morgan, although its offices were in London. The funding for the trades came from what JP Morgan characterized as excess deposits, which are the difference between deposits held by the bank and its...
Pipeline Cybersecurity: Federal Policy
The vast U.S. network of natural gas and hazardous liquid pipelines is integral to U.S. energy supply and has vital links to other critical infrastructure. While an efficient and fundamentally safe means of transport, this network is vulnerable to cyber attacks. In particular, cyber infiltration of supervisory control and data acquisition (SCADA) systems could allow successful “hackers” to disrupt pipeline service and cause spills, explosions, or fires—all from remote locations. In March 2012, the Department of Homeland Security (DHS) reported ongoing cyber intrusions among U.S. natural...
Gifts to the President of the United States
This report addresses provisions of federal law and regulation restricting the acceptance of personal gifts by the President of the United States.
Although the President, like all other federal officers and employees, is prohibited from receiving personal gifts from foreign governments and foreign officials without the consent of Congress (U.S. Const., art. I, §9, cl. 8), the President is generally free to accept unsolicited personal gifts from the American public. Most of the restrictions on federal officials accepting gifts from “prohibited sources” (those doing business with, seeking...
The Asia-Pacific Economic Cooperation (APEC) Meetings in Vladivostok, Russia: A Preview
Russia will host the Asia-Pacific Economic Cooperation’s (APEC) week-long series of senior-level meetings in Vladivostok on September 2-9, 2012. The main event for the week will be the 20th APEC Economic Leaders’ Meeting to be held September 8-9, 2012. President Barack Obama will not attend the event; Secretary of State Hillary Clinton will lead the U.S. delegation.
As host for the 20th APEC Economic Leaders’ Meeting, Russia has set the main agenda items as: advancing trade and investment liberalization and regional economic integration; strengthening food security; establishing reliable...
Potential Trade Effects of Adding Vietnam to the Generalized System of Preferences Program
Report that looks at the effects of adding Vietnam to the U.S. Generalized System of Preferences (GSP) as a "developing country."
The U.S. Postal Service’s Financial Condition: Overview and Issues for Congress
This report provides an overview of the U.S. Postal Service’s (USPS’s) financial condition, legislation enacted to alleviate the USPS’s financial challenges, and possible issues for the 112th Congress.
Since 1971, the USPS has been a self-supporting government agency that covers its operating costs with revenues generated through the sales of postage and related products and services.
In recent years, the USPS has experienced significant financial challenges. After running modest profits from FY2004 through FY2006, the USPS lost $25.4 billion between FY2007 and FY2011. Were it not for...
Major Fiscal Issues Before Congress in FY2013
This report provides a brief overview of the major tax and spending policy changes set to take effect under current law at the end of 2012 or early in 2013. Collectively, these policies have been referred to by some as the “fiscal cliff.” Extending current revenue policies (e.g., extending the Bush tax cuts) and changing current spending policies (e.g., not allowing the BCA sequester to take effect) would increase the projected budget deficit relative to current law. The Congressional Budget Office (CBO) estimates that if current law remains in place, the budget deficit will fall by $502...
Fannie Mae’s and Freddie Mac’s Financial Problems
This report presents, in analytical question and answer form, the issues surrounding the financial conditions of Fannie Mae and Freddie Mac, which are stockholder-owned government-sponsored enterprises (GSEs). Their federal charters give the GSEs special public policy goals aimed at providing liquidity in the mortgage market and to provide access to homeownership for underserved groups and locations. In return, their charters give the GSEs a special relationship with the government.
The Workforce Investment Act of 1998 (WIA; P.L. 105-220) is the primary federal program that supports workforce development activities, including job search assistance, career development, and job training. WIA established the One-Stop delivery system as a way to co-locate and coordinate the activities of multiple employment programs for adults, youth, and various targeted subpopulations. The delivery of these services occurs primarily through more than 3,000 One-Stop career centers nationwide.
The authorizations for appropriations for most programs under the WIA expired at the end of...
501(c)(4)s and the Gift Tax: Legal Analysis
This report discusses whether substantial donations to tax-exempt 501(c)(4) organizations are subject to the federal gift tax.
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the issue is more complicated.
In 1974, the American Bar Association (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving “dishonesty,...
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the matter is more uncertain.
In 1974, the American Bar Association (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving “dishonesty, fraud,...
National Federation of Independent Business v. Sebelius: Affordable Care Act Litigation Resources
In March 2010, Congress passed P.L. 111-148, the Patient Protection and Affordable Care Act of 2010 (PPACA), and amended it by passing P.L. 111-152, the Health Care and Education Reconciliation Act of 2010 (HCERA). Subsequently, lawsuits were filed in multiple courts challenging various aspects of the new law. Many of these cases were heard in the district courts and a few were appealed to appellate courts. In November 2011, the Supreme Court granted three petitions for certiorari in one of these cases. On June 28, 2012, the Court issued its decision in the case, National Federation of...
The Speech or Debate Clause: Constitutional Background and Recent Developments
Members of Congress have immunity for their legislative acts under Article I, Section 6, clause 1, of the Constitution, which provides in part that “for any speech or debate in either House, [Senators and Representatives] shall not be questioned in any other place.” Even if their actions are within the scope of the Speech or Debate Clause or some other legal immunity, Members of Congress remain accountable to the house of Congress in which they serve and to the electorate. In cases in which the Clause applies, the immunity is absolute and cannot be defeated by an allegation of an improper...
U.S. National Science Foundation: An Overview
The National Science Foundation (NSF) was created by the National Science Foundation Act of 1950, as amended (P.L.81-507). The NSF has the broad mission of supporting science and engineering in general and funding basic research across many disciplines. The agency provides support for investigator-initiated, merit-reviewed, competitively selected awards, state-of-the-art tools, and instrumentation and facilities. The majority of the research supported by the NSF is conducted at U.S. colleges and universities. Approximately 82.3% ($3,900.6 million) of NSF’s estimated FY2009 $4,742.0 million...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes approximately 399,000 buildings. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. Agencies hold buildings with a range of uses, including offices, health clinics, warehouses, and laboratories. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether. Healthcare provided by the Department of Veterans Affairs (VA), for example, has shifted in recent decades from...
Small Business and the Expiration of the 2001 Tax Rate Reductions: Economic Issues
At the end of 2010, the lower income tax rates provided in 2001 were to expire. The President had proposed to extend most tax cuts, but to continue higher rates for couples with income over $250,000 and singles with income over $200,000. The most important element of this proposal, as measured by revenue effect, is allowing the top rates of 33% and 35% to expire, when they would have risen to 36% and 36.9%. P.L. 111-312, enacted in December 2010, extended all tax cuts for two years, through 2012, delaying the consideration of which tax cuts to retain.
Some critics of allowing the tax rates...
The U.S. Postal Service’s Use of Contractors to Deliver Mail: Background and Recent Developments
Recently, the U.S. Postal Service (USPS) has been in negotiations with the National Association of Letter Carriers (NALC) and National Rural Letter Carriers Association (NRLCA). One issue that may or may not be settled is the Postal Service’s use of non-USPS employees (i.e., contractors) to deliver mail. If the parties cannot come to a satisfactory arrangement, Congress may be approached to consider the matter.
Contractors have delivered mail to homes and businesses since 1900. Controversy over this practice arose in 2007 when the NALC alleged that the USPS had expanded the use of...
Comparing Compensation for Federal and Private-Sector Workers: An Overview
Recently there has been significant congressional interest in compensation of the federal civilian workforce. The increased interest has been driven at least in part by budgetary pressure and in part by the state of the economy since the recession began in 2007. Issues related to the compensation of federal employees often center on the pay differential between federal workers and their private sector counterparts. For several years, the annual President’s Pay Agent (PPA) study has shown a large wage penalty for federal workers compared to private sector workers in similar occupations. A...
501(c)(3) Hospitals: Proposed IRS Rules under Section 9007 of the Affordable Care Act
The Affordable Care Act (§9007) created several additional requirements for organizations that operate one or more hospital facilities seeking to maintain or achieve 501(c)(3) tax-exempt status. Specifically, current and future hospital facilities and organizations will have to (1) regularly perform a community health needs assessment, (2) create and publicize a financial assistance policy, (3) impose limitations on charges, and (4) adopt certain billing and collections policies. The Internal Revenue Service (IRS), Department of the Treasury, recently released proposed regulations...
The Executive Budget Process: An Overview
The U.S. Constitution vests Congress with the power to raise revenue and borrow money. Those funds may only be drawn from the Treasury in consequence of appropriations made by law. The Constitution, however, is largely silent with respect to the President’s role in the budget process. Instead, the current executive budget process is largely the result of statutes enacted by Congress.
The executive budget process consists of three main phases: development of the President’s budget proposal, submission and justification of the President’s budget proposal, and execution of enacted...
Ability of Unauthorized Aliens to Claim Refundable Tax Credits
In 2011, the Treasury Inspector General for Tax Administration (TIGTA) reported that individuals who were not authorized to work in the United States received $4.2 billion by claiming the refundable portion of the child tax credit—the additional child tax credit (ACTC). The ACTC is available to working families with children under age 17. The report sparked considerable concern that unauthorized aliens were obtaining refundable tax credits. The TIGTA audit was based upon an analysis of tax returns filed by persons with Individual Taxpayer Identification Numbers (ITINs). The Internal...
Moving to a Territorial Income Tax: Options and Challenges
Among potential tax reforms under discussion by Congress is revising the tax treatment of foreign source income of U.S. multinational corporations. Some business leaders have been urging a movement toward a territorial tax, which would eliminate some U.S. income taxes on active foreign source income. Under a territorial tax, only the country where the income is earned imposes a tax. Territorial proposals include the Grubert-Mutti proposal (included in President Bush’s Advisory Panel on Tax Reform proposal in 2005) and, more recently, a draft Ways and Means Committee proposal and a Senate...
Interim Continuing Resolutions (CRs): Potential Impacts on Agency Operations
Continuing appropriations acts, often known as continuing resolutions (CRs), have been a component of the annual appropriations process for decades. When Congress and the President do not reach final decisions about one or more regular appropriations acts by the beginning of the federal fiscal year, October 1, they often enact a CR. Two general types of CRs are used. An “interim” CR provides agencies with stopgap funding for a period of time until final appropriations decisions are made, or until enactment of another interim CR. A “full-year” CR provides final funding amounts for the...
Religious Discrimination in Public Schools: A Legal Analysis
Reports of harassment in schools, including examples based on religious identity and practices, have raised public attention and congressional interest in the issue of religious discrimination in schools. Congressional attention to the issue has focused on efforts to prevent discrimination in programs receiving federal funding, namely, public schools. The 112th Congress has introduced proposals (e.g., the Student Non-Discrimination Act) to curtail harassment in public schools and may consider related issues in the potential reauthorization of the Elementary and Secondary Education Act....
Executive Compensation at the U. S. Postal Service: Issues for the 112th Congress
Media reports and some Members of Congress have expressed concerns that the pay of U.S. Postal Service (USPS) executives is too high and should be reduced. USPS and others have argued that current compensation rates are needed to attract talented employees to a Postal Service that delivers mail and packages to homes and businesses throughout the United States without taxpayer assistance.
The 112th Congress has taken action on two bills that would limit USPS executive compensation or benefits. S. 1789 would remove certain “fringe benefits” and cap pay at Level I of the Executive Schedule...
Conflict Minerals in Central Africa: U.S. and International Responses
“Conflict minerals” are ores that, when sold or traded, have played key roles in helping to fuel conflict and extensive human rights abuses, since the late 1990s, in far eastern Democratic Republic of the Congo (DRC). The main conflict minerals are the so-called the “3TGs”: ores of tantalum and niobium, tin, tungsten, and gold, and their derivatives. Diverse international efforts to break the link between mineral commerce and conflict in central Africa have been proposed or are under way. Key initiatives include government and industry-led mineral tracking and certification schemes. These...
The Proposed Anti-Counterfeiting Trade Agreement: Background and Key Issues
The proposed Anti-Counterfeiting Trade Agreement (ACTA) is a new agreement for combating intellectual property rights (IPR) infringement. The ACTA negotiation concluded in October 2010, nearly three years after it began, and negotiating parties released a final text of the agreement in May 2011. Negotiated by the United States, Australia, Canada, the European Union and its 27 member states, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, and Switzerland, the ACTA is intended to build on the IPR protection and enforcement obligations set forth in the 1995 World Trade...
Analysis of Federal-State Financing of the Child Support Enforcement Program
The Deficit Reduction Act of 2005 (P.L. 109-171) made changes to the Child Support Enforcement (CSE) program that will result in less federal financial support to state CSE programs. The CSE program serves families that are recipients of the Temporary Assistance for Needy Families (TANF) program and non-recipient families. It provides seven major services: parent location, paternity establishment, establishment of child support orders, review and modification of support orders, collection of child support payments, distribution of support payments, and establishment and enforcement of...
Presidential Authority to Impose Requirements on Federal Contractors
Executive orders requiring agencies to impose certain conditions on federal contractors as terms of their contracts have raised questions about presidential authority to issue such orders. Such executive orders typically cite the President’s constitutional authority, as well as his authority pursuant to the Federal Property and Administrative Services Act of 1949 (FPASA). FPASA authorizes the President to prescribe any policies or directives that he considers necessary to promote “economy” or “efficiency” in federal procurement.
There have been legal challenges to orders (1) encouraging...
Water Resources and Water Quality: CRS Experts
The following table provides names and contact information for CRS experts on policy areas relating to water quality and water resources. Several broad water resource and water quality policy areas are identified and include the following: Water Quality (e.g., surface and groundwater quality, wastewater treatment, drinking water treatment); Water Resource Development, Management, and Use (e.g., dams, levees, navigation and hydropower development); Aquatic Resources Protection and Management (e.g., fisheries management, ecosystem restoration) Water Rights and Compacts; and Water Project...
Many municipalities, student loan providers, and other debt issuers borrowed funds using auction-rate securities (ARSs), whose interest rates are set periodically by auctions. ARSs combine features of short- and long-term securities. ARSs are typically long-maturity bonds with interest rates linked to short-term money markets. ARS issuance volumes grew rapidly since they were introduced in the mid-1980s. By 2007, ARSs comprised a $330 billion market. The credit crunch of 2007-2008, however, exposed major vulnerabilities in the design of ARSs.
Turmoil in global financial markets that...
Medicaid and Federal Grant Conditions After NFIB v. Sebelius: Constitutional Issues and Analysis
In March 2010, Congress passed the Patient Protection and Affordable Care Act (ACA). The ACA, among other things, requires states to expand Medicaid eligibility or lose Medicaid funding. Following the enactment of the ACA, state attorneys general and others brought several lawsuits challenging various provisions of the act on constitutional grounds. In National Federation of Independent Business (NFIB) v. Sebelius, the Supreme Court, among other things, decided that the enforcement mechanism for the ACA Medicaid expansion, withdrawal of all Medicaid funds, was a violation of the Tenth...
LIBOR: Frequently Asked Questions
The London Interbank Offer Rate (LIBOR) is an estimate of prevailing interest rates in London money markets. Barclays, a British bank that serves on the panel responding to the LIBOR survey, recently admitted submitting false responses to manipulate the index (and attempting to manipulate a similar index, the Euro Interbank Offer Rate [EURIBOR]). The Commodity Futures Trading Commission (CFTC) and the U.S. Department of Justice (DOJ) reached settlements with Barclays in which the bank agreed to admit fault and pay a large fine.
This report answers several frequently asked questions.
How...
Debate is occurring on short- and long-term efforts to boost the economy, reduce the deficit, and stabilize the debt; this debate includes proposals to alter the overall size and composition of federal spending and revenues. “Human resources” programs account for the majority of federal outlays (67% in FY2011) and would be affected by these proposals. Six categories comprise the human resources “superfunction”: education, training, employment, and social services; health (largely Medicaid); Medicare; income security; Social Security; and veterans programs.
President Obama submitted a...
China, Internet Freedom, and U.S. Policy
The People’s Republic of China (PRC) has the world’s largest number of Internet users, estimated at 500 million people. Despite government efforts to limit the flow of online news, Chinese Internet users are able to access unprecedented amounts of information, and political activists have utilized the web as a vital communications tool. In recent years, Twitter-like microblogging has surged, resulting in dramatic cases of dissident communication and public comment on sensitive political issues. However, the web has proven to be less of a democratic catalyst in China than many observers had...
Confirmation of U.S. Circuit and District Court Nominations in Presidential Election Years
In 2012, a presidential election year, an ongoing subject of debate in the Senate has been how many U.S. circuit and district court nominations should be confirmed by year’s end, and how late in the year the Senate should continue to confirm them. Senators have disagreed as to what guidance, if any, previous presidential election years provide to the Senate regarding these questions. They have differed specifically on whether slowing down, or stopping, the processing of judicial nominations at a certain point during this session of Congress, or after a certain number of nominees have been...
Fish and Wildlife Service: FY2013 Appropriations and Policy
The annual Interior, Environment, and Related Agencies appropriation funds agencies and programs in three federal departments, as well as numerous related agencies and bureaus. Among the agencies represented is the Fish and Wildlife Service (FWS), in the Department of the Interior. Many of its programs are among the more controversial of those funded in the bill. For FY2013, the House Committee on Appropriations approved H.R. 6091, a bill containing $1.16 billion for FWS, down 21.5% from the FY2012 level of $1.48 billion contained the Consolidated Appropriations Act (P.L. 112-74, Division...
An Analysis of Charitable Giving and Donor Advised Funds
Congress has long been concerned with ensuring that contributions for which tax deductions are claimed directly benefit charitable activities. Private foundations, a traditional arrangement that allows donations to non-active charitable entities, typically pay grants out of earnings on donated assets. Another arrangement that is growing rapidly is the donor advised fund (DAF). A taxpayer contributes to a DAF, taking a tax deduction. The fund sponsor makes grants to active charities, advised by the donor. Unlike private foundations, DAFs are not required to pay out a certain proportion of...
Postal Service: Collective Bargaining
This report describes the scope of the collective bargaining authority that Congress has granted to the Postal Service and authority of Congress to modify employee-management relations by altering that scope or the terms of collective bargaining agreements. It also summarizes some provisions—H.R. 2309, the Postal Reform Act of 2011, and S. 1789, the 21st Century Postal Service Act of 2012, both of the 112th Congress—that relate to collective bargaining.
This report will be updated to reflect changes in relevant developments.
Department of the Interior (DOI) Reorganization of Ocean Energy Programs
This report looks at recent Department of the Interior (DOI) institutional reforms and use of its new regulatory framework. These changes are meant to facilitate ocean energy development that was mandated by the Outer Continental Shelf Lands Act (OCSLA).
U.S. Postal Service: Background and Analysis of H.R. 2309 and S. 1789 in the 112th Congress
Since FY2007, the U.S. Postal Service (USPS) has lost more than $25 billion. Were it not for congressional action to reduce and defer statutorily required retiree health benefits, the USPS would have lost an additional $9.5 billion. As the USPS’s finances have deteriorated, its ability to absorb operating losses has been diminished. The USPS’s current debt is $13 billion, $2 billion below its maximum statutory borrowing authority. The agency owes $11.1 billion in payments to the Retiree Health Benefits Fund by September 20, 2012, and it currently has less than $1 billion in cash. These...
Health Care: Constitutional Rights and Legislative Powers
The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs. The United States Supreme Court’s decision in NFIB v. Sebelius, which upheld most of the Patient Protection and Affordable Care Act (Affordable Care Act/ACA),...
Timor-Leste: Political Dynamics, Development, and International Involvement
The Democratic Republic of Timor-Leste gained independence on May 20, 2002, after a long history of Portuguese colonialism and, more recently, Indonesian rule. The young nation, with a population of 1.1 million, has been aided by the United Nations under several different mandates under which the U.N. has provided peacekeeping, humanitarian, reconstruction and capacity building assistance to establish a functioning government. The current United Nations Integrated Mission in Timor-Leste (UNMIT) is slated to withdraw from the nation at the end of 2012.
The independence of Timor-Leste (also...
ACA: A Brief Overview of the Law, Implementation, and Legal Challenges
In March 2010, the 111th Congress passed health reform legislation, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (HCERA; P.L. 111-152) and other laws. ACA increases access to health insurance coverage, expands federal private health insurance market requirements, and requires the creation of health insurance exchanges to provide individuals and small employers with access to insurance. It also expands Medicaid coverage. The costs to the federal government of expanding health insurance and Medicaid...
Community Development Block Grants: Funding Issues in the 112th Congress and Recent Funding History
The FY2013 budget debate will take place within the context of growing concerns about the need to address federal budget deficits, the national debt, and a sluggish economic recovery following the longest and deepest recession since the Great Depression. The 112th Congress will continue to consider and debate a number of approaches to spur economic activity and job growth, including federal public works and community and economic development programs.
On February 13, 2012, the President released the Administration’s proposed federal budget for FY2013. The Administration’s budget proposal...
The National Labor Relations Act (NLRA) gives most private sector workers the right to join or form a labor union and to bargain collectively over wages, hours, and working conditions. The act allows workers in the construction industry to enter into a collective bargaining agreement before a project begins. A project labor agreement (PLA) is a collective bargaining agreement that applies to a specific construction project and lasts only for the duration of the project.
In February 2009, President Barack Obama signed an Executive Order (EO) that encourages federal agencies “to consider...
The President signed into law H.R. 3590, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148), on March 23, 2010. Seven days later, a second bill, H.R. 4872, was signed into law by the President to modify ACA. This second law, the Health Care and Education Reconciliation Act of 2010 (HCERA; P.L. 111-152), was signed into law on March 30, 2010. Together these measures constitute what is referred to as the health care reform law, which makes many significant changes to the private and public markets for health insurance, as well as modifies aspects of the publicly financed...
U.S. Nuclear Cooperation with India: Issues for Congress
India, which has not signed the Nuclear Nonproliferation Treaty and does not have International Atomic Energy Agency safeguards on all of its nuclear material, exploded a “peaceful” nuclear device in 1974, convincing the world of the need for greater restrictions on nuclear trade. The United States created the Nuclear Suppliers Group (NSG) as a direct response to India’s test, halted nuclear exports to India a few years later, and worked to convince other states to do the same. India tested nuclear weapons again in 1998. However, President Bush announced July 18, 2005, he would “work to...
Federal Advisory Committees: An Overview
Federal advisory committees—which may be designated as commissions, councils, or task forces—are created as provisional advisory bodies to collect viewpoints on various policy issues. Advisory bodies have been created to address a host of issues and can help the government manage and solve complex or divisive issues. Congress, the President, or an agency head may create a federal advisory committee to render independent advice or make policy recommendations to various federal agencies or departments.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C....
UPDATE: On June 18, 2012, the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce distributed the text of an agreement that combined provisions of S. 3187 [ES], as passed by the Senate on May 24, 2012, and H.R. 5651 [EH], as passed by the House on May 30, 2012. The full House passed the new version by voice vote under suspension of the rules on June 20, 2012. On June 25, 2012, the Senate voted for cloture to limit debate on that bill, S. 3187 [EAH], the Food and Drug Administration Safety and Innovation Act of 2012 [hereinafter referred...
Regulation of Real Estate Appraisers
Real estate appraisers attempt to measure the value of a property that is being purchased or refinanced. In mortgage contracts, the property serves as collateral for the loan. Banks and their regulators may rely on the appraisal to reduce the potential losses if the borrower fails to repay the loan. Property purchasers may also rely on an appraisal if they wish to reassure themselves that the price they offered was reasonable given market conditions. This report discusses the regulation of appraisers and provides information on related statutes and rules.
The fallout from the housing...
FDA’s Authority to Ensure That Drugs Prescribed to Children Are Safe and Effective
Update: On June 20, 2012, the House of Representatives passed, by voice vote and under suspension of the rules, S. 3187 (EAH), the Food and Drug Administration Safety and Innovation Act, as amended. This bill would reauthorize the FDA prescription drug and medical device user fee programs (which would otherwise expire on September 30, 2012), create new user fee programs for generic and biosimilar drug approvals, and make other revisions to other FDA drug and device approval processes. It reflects bicameral compromise on earlier versions of the bill (S. 3187 [ES], which passed the Senate on...
China’s Auto Sector Development and Policies: Issues and Implications
The automobile industry, a key sector in China’s industrialization and modernization efforts, has been developing rapidly since the 1990s. In recent years, China has become the world’s largest automotive producer, with annual vehicle output of over 18 million units in 2011. China is now also the world’s biggest market for automobile sales. Meanwhile, China’s auto sector development and policies have caused concerns in the United States, from automotive trade, China’s failure to effectively enforce trade agreements and laws, to market barriers and government policies that increasingly favor...
The Navy Biofuel Initiative Under the Defense Production Act
The Secretaries of Energy, Agriculture, and the Navy have entered into a Memorandum of Understanding (MOU) to “assist the development and support of a sustainable commercial biofuels industry.” The objective of the MOU is the construction or retrofitting of multiple domestic commercial or pre-commercial scale advanced drop-in biofuel plants and refineries. The MOU would support the Navy’s goal of deploying a “Green Strike Group” by the end of 2012, and “Great Green Fleet” by 2016 fueled in part with a 50/50 blend of hydrotreated renewable jet fuel (biofuel). The Navy proposes to use...
Military Construction: A Snapshot of the President’s FY2013 Appropriations Request
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. Title I of the bill capitalizes military family housing and the U.S. share of the NATO Security Investment Program and finances the implementation of installation closures and realignments. Other titles within the legislation fund veterans benefit and health care programs administered by the Department of Veterans Affairs (VA), provide for the...
Credit Union Commercial Business Lending: Key Issues for Legislation in the 112th Congress
Credit unions currently can make loans only to their members, to other credit unions, and to credit union organizations. In addition, there are restrictions in law on their business lending activities from which the credit union industry has long advocated for relief. Specific restrictions on business lending include an aggregate limit on an individual credit union’s member business loan balances and on the amount that can be loaned to one member. Industry spokesmen have argued that easing the restrictions on member business lending could increase the available pool of credit for small...
Double-Dip Recession: Previous Experience and Current Prospect
Concerns have been expressed that growth in the United States may falter to the point where the U.S. economy again experiences recession. A double-dip or W-shaped recession occurs when the economy emerges from a recession, has a short period of growth, but then, still well short of a full recovery, falls back into recession. This prospect raises policy questions about the current level of economic stimulus and whether added stimulus may be needed. The pace of the recovery has been relatively slow and growth has recently decelerated. For the first year of the recovery, real GDP grew at an...
On April 24, 2012, the House and Senate began the conference process to reconcile legislation passed in both houses that would extend authorization for Department of Transportation programs. Title V in the House-passed legislation (H.R. 4348), Highway and Infrastructure Safety Through the Protection of Coal Combustion Residual Recycling, would amend the Resource Conservation and Recovery Act (RCRA) to add Section 4011. Largely identical to the Coal Residuals Reuse and Management Act passed in the House (H.R. 2273) and introduced in the Senate (S. 1751), the proposed Section 4011 would...
Hunting, Fishing, and Recreational Shooting on Federal Lands: H.R. 4089 and Related Legislation
The Sportsmen’s Heritage Act of 2012 (H.R. 4089) is intended to create an “open until closed” management policy for federal lands, according to the House committee report. It describes the criteria for federal land management agencies to consider in order to close federal lands to fishing, hunting, or recreational shooting, and directs that management is subject to existing law. However, some ambiguities may lead to different, perhaps unintended results. H.R. 4089 passed the House on April 17, 2012.
Hunting and fishing are already allowed on the majority of federal lands. Because H.R....
Madagascar, an Indian Ocean island country, ranks among the world’s poorest countries; is the world’s fourth-largest island; and is extremely biologically diverse, with thousands of unique species of flora and fauna. It has experienced political instability since early 2009, initiated by tensions between the country’s last elected president, Marc Ravalomanana, and an opposition movement led by Andry Rajoelina, then the mayor of the capital city, Antananarivo. Mass protests in early 2009 and eventual military support for the ouster of President Ravalomanana culminated in his forced...
Medical Malpractice: Overview and Legislation in the 112th Congress
As a policy area, medical malpractice involves issues related to its prevalence in the health care system; the market for provider liability insurance; and the resolution of malpractice complaints through the tort system.
Medical malpractice has attracted congressional attention numerous times over the past decades, particularly in the midst of three “crisis” periods for the liability insurance market in the mid-1970s, the mid-1980s, and the early 2000s. These periods were marked by sharp increases in medical liability insurance premiums, difficulties in finding any medical liability...
Rio+20: The United Nations Conference on Sustainable Development, June 2012
The United Nations (U.N.) Conference on Sustainable Development (UNCSD or “Rio+20”) convenes June 20-22, 2012, in Rio de Janeiro, Brazil. This conference marks the 20th anniversary of the U.N. Conference on Environment and Development (UNCED) in Rio in 1992. Governments participating in the 1992 meeting politically endorsed the objective of “sustainable development” as achieving economic, environmental, and social development that “meets the needs of the present without compromising the ability of future generations to meet their own needs.”
Rio+20 begins from the premise and findings that...
U.S. Response to the Global Threat of Malaria: Basic Facts
In 2010, malaria infected an estimated 216 million people and killed 655,000 people, most of whom were children under the age of five in sub-Saharan Africa. Despite the current burden of disease, malaria is preventable and treatable. Congress has increasingly recognized malaria as an important foreign policy issue, and the United States has become a major player in the global response to the disease. In its second session, the 112th Congress will likely debate the appropriate funding levels and optimum strategy for addressing the continued challenge of global malaria.
Congress has enacted...
U.S. Response to the Global Threat of Tuberculosis: Basic Facts
Tuberculosis (TB) is one of the most widespread infectious diseases in the world, infecting an average of 9 million people annually. Although TB is curable, more than 1 million TB-related deaths occur each year. Due in part to a growing global response to TB, progress has been made in combating the disease. Globally, new TB infection rates have begun to slowly decline and TB mortality rates have decreased significantly since 1990. At the same time, absolute numbers of people infected with TB, particularly in Asia and Africa, continue to rise. Congress has recognized TB as an important...
U.S. Response to the Global Threat of HIV/AIDS: Basic Facts
The human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) is one of the world’s most pressing global health challenges. Since the beginning of the epidemic, more than 60 million people have been infected with HIV, approximately 30 million of whom have died of HIV-related causes. At the end of 2010, an estimated 34 million people were living with the virus, the vast majority of whom live in sub-Saharan Africa. Expanded access to antiretroviral therapy (ART) over the past decade, due in large part to U.S. support, has contributed to declines in deaths among people...
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; P.L. 96-510) in response to a growing desire for the federal government to ensure the cleanup of the nation’s most contaminated sites to protect the public from potential harm. The Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499, SARA) clarified the applicability of the statute’s requirements to federal facilities, and modified various response, liability, and enforcement provisions. Several other laws also have amended CERCLA for specific purposes, including relief...
Health Care Flexible Spending Accounts
Health care Flexible Spending Accounts (FSAs) are benefit plans established by employers to reimburse employees for health care expenses such as deductibles and copayments. FSAs are usually funded by employees through salary reduction agreements, although employers are permitted to contribute as well. The contributions to and withdrawals from FSAs are tax-exempt.
Historically, health care FSA contributions were forfeited if not used by the end of the year. However, in 2005, the Internal Revenue Service (IRS) formally determined that employers may extend the deadline for using unspent...
Veterans Affairs: Historical Budget Authority, FY1940-FY2012
Budget authority—the amount of money a federal department or agency can spend or obligate to spend by law—for veterans’ benefits and services has increased significantly since FY1940. In FY1940, the budget authority for veterans’ benefits and services was $561.1 million, and in FY2012 the budget authority was $125.3 billion, or more than 200 times the FY1940 budget authority. In constant 2011 dollars (i.e., inflation-adjusted), the FY2012 budget authority is 14 times the FY1940 budget authority. The increases over time have reflected the impact of increases in the number of veterans as the...
National Flood Insurance Program: Background, Challenges, and Financial Status
In 1968, Congress created the National Flood Insurance Program (NFIP) to address the increasing costs of taxpayer-funded disaster relief for flood victims and the increasing amount of damage caused by floods. This report provides an analysis of the NFIP and its financial status; summarizes the major challenges facing the program, including issues affecting its long-term financial solvency; presents some alternative approaches for managing and financing the flood losses; and describes pending legislation on this issue.
The Multilateral Debt Relief Initiative
In June 2005, G8 finance ministers proposed the new Multilateral Debt Relief Initiative (MDRI). The MDRI proposes to cancel debts of some of the world’s poorest countries owed to the International Monetary Fund, World Bank, and African Development Bank. This report discusses MDRI’s implementation and raises some issues regarding debt relief’s effectiveness as a form of foreign assistance for possible congressional consideration.
Mexican Migration to the United States: Policy and Trends
History and geography have given Mexico a unique status in the U.S. immigration system, and have made the Mexico-U.S. migration flow the largest in the world. Mexicans are the largest group of U.S. migrants across most types of immigration statuses—a fact that may have important implications for how Congress makes U.S. immigration policy. This report reviews the history of immigration policy and migration flows between the countries and the demographics of Mexicans within the United States. It also analyzes contemporary issues in U.S. immigration policy and the impact Mexico may have on...
The United States is a party to numerous security agreements with other nations. The topics covered, along with the significance of the obligations imposed upon agreement parties, may vary. Some international security agreements entered by the United States, such as those obliging parties to come to the defense of another in the event of an attack, involve substantial commitments and have traditionally been entered as treaties, ratified with the advice and consent of the Senate. Other agreements dealing with more technical matters, such as military basing rights or the application of a...
Klamath River Basin: Background and Issues
The Klamath River Basin on the California-Oregon border is a focal point for local and national discussions on water allocation and species protection. Previously, water and species management issues have exacerbated competition and generated conflict among several interests—farmers, Indian tribes, commercial and sport fishermen, federal wildlife refuge managers, environmental groups, and state, local, and tribal governments. As is true in many regions in the West, the federal government plays a prominent role in the Klamath Basin’s waters. This role stems primarily from (1) operation and...
Revisiting Mortgage Loan Disclosures Under the Consumer Financial Protection Bureau
High default and foreclosure rates in the housing market have resulted in questions as to whether borrowers were fully informed about the terms of their mortgage loans. A lack of transparency with respect to loan terms and settlement costs can make it difficult for consumers to make well-informed decisions when choosing mortgage products. In addition, inadequate disclosures can make some borrowers more vulnerable to predatory lending or discriminatory practices.
The adequate disclosure of mortgage terms is a longstanding issue that has prompted several congressional actions. For example,...
Ending Overfishing and Rebuilding Fish Stocks in U.S. Federal Waters
Provisions of the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA, P.L. 94-265, as amended; 16 U.S.C. §§1801 et seq.) enacted during the 1996 reauthorization and amended during the 2006 reauthorization, added specific requirements to end overfishing and to rebuild overfished fish stocks. To implement these requirements, the MSFCMA directed the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration to develop regulations by 2008 to provide guidance for establishing annual catch limits (ACLs) and related biological benchmarks. By the end of...
Ability to Repay, Risk-Retention Standards, and Mortgage Credit Access
Prior to the recent financial crisis, mortgage underwriting standards were relaxed to the point where many borrowers could only repay their loans if favorable financial conditions that existed at the time of origination remained intact. In other words, borrowers obtained mortgage loans that relied upon interest rates not rising or the value of the underlying collateral (house prices) not declining. When market conditions changed, however, many mortgage loans became delinquent and went into default. The mortgage defaults often translated into large losses for both the borrowers and the...
Passed in 1982, the Nuclear Waste Policy Act (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation’s most highly radioactive nuclear waste. The NWPA requires DOE to remove spent nuclear fuel from commercial nuclear power plants, in exchange for a fee, and transport it to a permanent geologic repository or an interim storage facility before permanent disposal. Defense-related high-level waste is to go into the same repository. In order to achieve this goal, and in an effort to mitigate the political difficulties of imposing...
Section 9401 of the Elementary and Secondary Education Act (ESEA) provides the Secretary of Education with broad waiver authority with respect to programs authorized under the act. The Secretary has used the authority provided under Section 9401 to grant numerous waivers over time, including waivers of accountability and general administrative provisions. On September 23, 2011, President Obama and the Secretary announced the availability of an ESEA flexibility package for states and described the principles that states must meet to obtain the included waivers. The waivers would apply to...
Farm Safety Net Proposals in the 112th Congress
In advance of the expiration of the 2008 farm bill (P.L. 110-246), numerous proposals have been offered to revise the “farm safety net” for producers of crops covered by farm commodity support programs. Farm safety net proposals by Members of Congress, the Administration, and a number of farm and interest groups surfaced mostly during fall 2011, when budget deliberations by the Joint Select Committee on Deficit Reduction generated concerns that a new farm bill might be “written” or severely constrained from a budgetary perspective by budget negotiators, rather than by the House and Senate...
Recent Senate debates in the 112th Congress over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama’s nominees in gaining Senate confirmation (compared with other recent Presidents) as well as the effect of delayed judicial appointments on judicial vacancy levels. The following report addresses these issues, and others, by providing a statistical overview of President Obama’s nominees to U.S. circuit court of appeals and U.S. district court judgeships, current through May 31, 2012. Findings include the following:
President Obama...
The Global Challenge of HIV/AIDS, Tuberculosis, and Malaria
The spread of human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS), tuberculosis (TB), and malaria across the world poses a major global health challenge. The international community has progressively recognized the humanitarian impact of these diseases, along with the threat they represent to economic development and international security. The United States has historically been a leader in the fight against HIV/AIDS, TB, and malaria; it is currently the largest single donor for global HIV/AIDS and has been central to the global response to TB and malaria. In its...
Reauthorization of the Export-Import Bank: Issues and Policy Options for Congress
The Export-Import Bank of the United States (Ex-Im Bank, EXIM Bank, or the Bank), a self-sustaining agency, is the official U.S. export credit agency (ECA). It operates under a renewable charter, the Export-Import Bank Act of 1945 (P.L. 79-173), as amended.
Potential issues for Congress in examining the Ex-Im Bank’s authority include the following:
The economic rationale for the Bank, including the role of the federal government in export promotion and finance;
Specific Bank policies, such as those relating to content, shipping, economic and environmental impact analysis, and tied aid,...
U.S.-China Diplomacy Over Chinese Legal Advocate Chen Guangcheng
The case of blind Chinese legal advocate Chen Guangcheng, who escaped from illegal house arrest in China’s Shandong Province on April 20, 2012, and made his way to Beijing, the United States Embassy, and, ultimately, the United States, has generated strong congressional interest. While Chen was still in China, some Members questioned whether the U.S. State Department had done enough to ensure Chen’s safety, with criticism focused on the State Department’s decision to escort Chen from the Embassy to a Beijing hospital on May 2, 2012, and its willingness to accept verbal assurances from the...
Addressing Medicare Hospital Readmissions
Nearly 20% of Medicare beneficiaries aged 65 and over who were admitted to a hospital in 2005 were readmitted within 30 days following their initial discharge. The Medicare Payment Advisory Commission (MedPAC) estimated that these readmissions cost the Medicare program as much as $15 billion per year and that perhaps as much as two-thirds of these readmissions may be preventable. Many policymakers believe that different care transition programs coupled with payment reforms can constrain hospital readmissions among Medicare’s fee-for-service (FFS) beneficiaries, could improve patient care,...
In a security alliance since 2004 and “strategic partners” since 2006, the United States and Pakistan for decades experienced major shifts in the nature and tone of their relations. In the post-9/11 period, assisting in the creation of a more stable, democratic, and prosperous Pakistan actively combating religious militancy has been among the most important U.S. foreign policy efforts. Vital U.S. interests are seen to be at stake in its engagement with Pakistan related to regional and global terrorism; efforts to stabilize neighboring Afghanistan; nuclear weapons proliferation; links...
U.S. Spent Nuclear Fuel Storage
Regardless of the outcome of the ongoing debate about the proposed Yucca Mountain geologic waste repository in Nevada, the storage of spent nuclear fuel (SNF)—also referred to as “high-level nuclear waste”—will continue to be needed and the issue will continue to be debated. The need for SNF storage, even after the first repository is opened, will continue for a few reasons.
The Obama Administration terminated work on the only planned permanent geologic repository at Yucca Mountain, which was intended to provide a destination for most of the stored SNF. Also, the Yucca Mountain project was...
U.S. Global Health Assistance: Background and Issues for the 112th Congress
U.S. funding for global health has grown significantly over the last decade, from approximately $1.7 billion in FY2001 to $8.8 billion in FY2012. During the George W. Bush Administration, Congress provided unprecedented increases in global health resources, especially in support of multi-agency initiatives targeting infectious diseases, such as the President’s Emergency Plan for AIDS Relief (PEPFAR) and the President’s Malaria Initiative (PMI). As support for global health increased, the 110th and 111th Congresses began to emphasize better coordination of all global health programs and...
What Is Systemic Risk? Does It Apply to Recent JP Morgan Losses?
Systemic risk refers to the possibility that the financial system as a whole might become unstable, rather than the health of individual market participants. Stable financial systems do not transmit
or magnify shocks to the broader economy. A firm, person, government, financial utility, or policy might create systemic risk if (1) its failure causes other failures in a domino effect; (2) news about its assets signals that others with similar assets may also be distressed, called contagion; (3) it contributes to fire sales during price declines; or (4) its absence prevents other firms from...
The Bakken Formation: Leading Unconventional Oil Development
The Bakken Formation is a large unconventional petroleum and natural gas resource underlying parts of North Dakota, Montana, and the Canadian provinces of Saskatchewan and Manitoba. Bakken oil production is now viable because of advanced horizontal drilling and hydraulic fracturing methods. Growth in production is rapidly changing.
High oil prices and low natural gas prices have prompted shale gas producers to turn to shale oil or tight oil. The Bakken Formation has emerged as a major tight oil resource “play.” The U.S. Geological Survey (USGS) estimated that the Bakken may contain 3.65...
U.S. Agricultural Trade: Trends, Composition, Direction, and Policy
U.S. agricultural exports, imports, and the agricultural trade surplus are expected by the U.S. Department of Agriculture (USDA) to reach record levels in FY2011. FY2011 U.S. farm exports are forecast by the U.S. Department of Agriculture to reach $137 billion, while agricultural imports are expected to reach $93 billion. The agricultural trade surplus is projected to be $44 billion. Exports of high-value products (e.g., fruits, vegetables, meats, wine and beer) have increased since the early 1990s and now account for 60% of total U.S. agricultural exports. Exports of bulk commodities...
The federal government’s highway, mass transit, and surface transportation safety programs are periodically authorized in a multi-year surface transportation reauthorization bill. The most recent reauthorization act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU or SAFETEA; P.L. 109-59), expired at the end of FY2009. Since then, the surface transportation programs have been funded under extension acts.
The main obstacle to passage of a new multi-year bill during the past two years has been the disparity between projected spending and...
Congress is considering two new user fee authorities to supplement funding appropriated by Congress to FDA: the Generic Drug User Fee Amendments of 2012 (GDUFA), for activities related to human generic drug review, and the Biosimilar User Fee Act of 2012 (BSUFA), for biosimilar biological product review. A generic drug is identical to a brand-name (innovator) drug in dosage form and strength, route of administration, safety, effectiveness, and intended use. A biosimilar is a biological product that is highly similar to an innovator biological product. A biological product, or biologic, is...
Federal Taxation of Aliens Working in the United States
A question that often arises is whether unauthorized aliens and other foreign nationals working in the United States are subject to U.S. taxes. The federal tax consequences for these individuals are dependent on (a) whether an individual is classified as a resident or nonresident alien and (b) whether a tax treaty or totalization agreement exists between the United States and the individual’s home country.
In general, an individual is a resident alien if he or she is a lawful permanent U.S. resident or is in the United States for a substantial period of time during the current and past...
The 3.8% Medicare Contribution Tax on Unearned Income, Including Real Estate Transactions
The Health Care and Education Reconciliation Act of 2010 (HCERA, P.L. 111-152) contains a provision that will subject certain individuals to a 3.8% “unearned income Medicare contribution” tax beginning in 2013. The tax has been labeled by some as a “home sales tax” or “real estate tax.” The tax, however, is not exclusively limited to real estate transactions. Additionally, contrary to some reports, the tax does not apply to all real estate transactions. Some taxpayers that dispose of real estate may be exempt from the tax either because of income limitations or because of an exclusion...
Presidential Travel: Policy and Costs
For security and other reasons, the President, Vice President, and First Lady use military aircraft when they travel. The White House generally categorizes the trips as fulfilling either official or political functions. Often, a trip involves both official and political, or unofficial, activities. When a trip is for an official function, the government pays all costs, including per diem (food and lodging), car rentals, and other incidental expenses. When a trip is for political or unofficial purposes, those involved must pay for their own food and lodging and other related expenses, and...
Clean Energy Standard: Potential Qualifying Energy Sources
A clean energy standard (CES) has been identified as one possible legislative option to encourage a more diverse domestic electricity portfolio. A CES could require certain electricity providers to obtain a portion of their electricity from qualifying clean energy sources. A CES is broader than a renewable energy standard (RES), including “clean” energy sources along with renewable sources. The RES has been a topic of legislative attention since at least the 105th Congress. A CES gained legislative attention with the introduction of the Clean Energy Standard Act of 2012 (S. 2146). The bill...
The Global Fund to Fight AIDS, Tuberculosis, and Malaria (Global Fund, or the Fund) was established in 2002 as a public-private partnership that could provide significant financial support for global responses to HIV/AIDS, tuberculosis (TB), and malaria. By the end of 2011, the Global Fund had approved roughly $22.6 billion to help 150 countries fight these three diseases. According to the Global Fund, from 2002 through 2011, it had supported AIDS treatment for 3.3 million HIV-positive people, anti-tuberculosis treatment for 8.6 million people, and 230 million insecticide-treated nets for...
NATO’s 2012 summit of alliance heads of state and government is scheduled to take place in Chicago on May 20-21. U.S. and NATO officials have outlined what they expect to be the Summit’s three main agenda items:
Defining the next phase of formal transition in Afghanistan and shaping a longer term NATO commitment to the country after the planned end of combat operations by the end of 2014;
Securing commitments to maintain and develop the military capabilities necessary to meet NATO’s defense and security goals, including through a new “Smart Defense” initiative; and
Enhancing NATO’s...
Proliferation of Precision Strike: Issues for Congress
Iron emerged in the eighth century B.C., helping to usher in the use of cavalry instead of chariots. Today’s new technologies, including the development of precision-guided weaponry, have given rise to new methods of war fighting, thus bringing dramatic change to the operational battlefield. As will other decision makers, Members of Congress will confront significant challenges in making their choices about how to adapt to the continually evolving environment, particularly with respect to what are called “precision strike” capabilities.
The United States took the early lead in the...
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field.
The Sport Fish Restoration and Boating Trust Fund
An Aquatic Resources Trust Fund, with two accounts—a Sport Fish Restoration Account and a Boat Safety Account—was created in 1984 and subsequently amended to support a variety of programs administered by three federal agencies, including wetlands management, recreational vessel docking and sewage disposal infrastructure, and aquatic resource education. In 2005, the Boat Safety Account was terminated and remaining programs were consolidated into a renamed Sport Fish Restoration and Boating Trust Fund. This report details sources of funding for this trust fund and summarizes the various...
Clean Energy Standard: Summary and Analysis of S. 2146
U.S. policymakers have considered and deliberated on several policy designs that could potentially reduce energy-related carbon emissions. In his 2011 State of the Union address, President Obama proposed the concept of a Clean Energy Standard (CES) that would result in 80% of U.S. electricity generation from clean energy sources by 2035. In March of 2012, the Clean Energy Standard Act of 2012 (S. 2146) was introduced in the Senate.
The primary goal of S. 2146 is to reduce carbon dioxide (CO2) emissions from the U.S. electricity sector, which represents approximately 41% of total U.S. CO2...
Social Security: Temporary Payroll Tax Reduction
In December 2010, Congress approved a temporary 2 percentage point reduction in the Social Security payroll tax rate for employees and the self-employed in 2011 as part of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312). The Social Security payroll tax rate in 2011 was 4.2% for employees and 10.4% for self-employed workers. P.L. 111-312 made no changes to the Social Security payroll tax rate for employers (6.2%) or to the amount of wages and net self-employment income subject to the Social Security payroll tax ($106,800 in 2011). It...
Clarifying the Concept of “Partnership” in National Security: In Brief
Over the last few years, the term partnership has spread like wildfire through official U.S. national security guidance documents and rhetoric. At the Department of Defense (DOD), which spearheaded the proliferation of the use of the term, partnership has been used to refer to a broad array of civilian as well as military activities in support of national security. At other U.S. government agencies, and at the White House, the use of the term partnership has been echoed and applied even more broadlynot only in the national security arena, but also to all facets of U.S. relationships with...
An Overview of Major Tax Proposals in the President's FY2012 Budget
This report provides a broad overview of the provisions included in the President's budget request. The budget groups proposed tax provisions into several general categories. According to the Administration's estimates, the tax proposals in the budget would increase revenues $280 billion over the next 10 years
Housing Counseling: Background and Federal Role
The term “housing counseling” refers to a wide variety of educational activities geared toward homebuyers, homeowners, renters, senior citizens, or other populations with particular housing goals. Some potential topics of housing counseling include pre-purchase counseling for potential homebuyers; post-purchase counseling on subjects such as budgeting or home maintenance; foreclosure prevention counseling; counseling on helping renters find or maintain rental housing; and counseling on fair housing, predatory lending, or other topics, among other things. The federal government does not...
Reconciliation Directives: Components and Enforcement
The purpose of the reconciliation process is to enhance Congress’s ability to bring existing spending, revenue, and debt-limit laws into compliance with current fiscal priorities established in the annual budget resolution. When Congress adopts a budget resolution, it is agreeing upon its budgetary goals for the upcoming fiscal year. In some cases, for these goals to be achieved, Congress must pass legislation that alters current revenue, direct spending, or debt-limit laws. Reconciliation instructions are the means by which Congress can establish the roles that specific committees will...
Sufficiency of Signatures on Conference Reports
The House and Senate both require that a conference report be signed by a majority of House conferees and a majority of Senate conferees. When some conferees are appointed only for limited purposes, the two chambers have different ways of counting to determine whether the conferees’ report carries sufficient signatures. The Senate asks whether the report is signed by a majority of all the conferees from each house, without regard to whether those conferees were appointed for all or for limited purposes. The House asks whether the report is signed by a majority of all the conferees from...
Economic Development Administration: Reauthorization and Funding Issues in the 112th Congress
The primary focus of the Department of Commerce’s Economic Development Administration (EDA) is to help regions experiencing long-term economic distress or sudden economic dislocation attract private-sector capital and create higher-skill, higher-wage jobs through investments in public infrastructure, the provision of technical assistance and research, and the development and implementation of Comprehensive Economic Development Strategies (CEDS). EDA was created with the passage of the Public Works and Economic Development Act (PWEDA) of 1965, P.L. 89-136 (79 Stat. 552, 42 U.S.C....
Passenger Train Access to Freight Railroad Track
Pressure is building for greater passenger use of freight railroad rights of way. Freight railroad rights of way are owned by private, for-profit corporations, and the routes potentially most useful for passenger service are typically the busiest with freight traffic. In many cases, states or commuter rail authorities have reached agreement with freight railroads to share either their track or right of way. However, unlike Amtrak, which has eminent domain power over freight facilities and can appeal to a federal agency to determine the terms of its access to freight track, other would-be...
The Federal Budget: Issues for FY2013 and Beyond
The federal budget is central to Congress's ability to exercise its "power of the purse." Over the last several fiscal years the imbalance between spending and revenues has grown as a result of the economic downturn and policies enacted in response to financial turmoil. This report discusses how a growing budget deficit will affect the FY2013 budget and government spending.
United States v. Jones: GPS Monitoring, Property, and Privacy
In United States v. Jones, 132 S. Ct. 945 (2012), all nine Supreme Court Justices agreed that Jones was searched when the police attached a Global Positioning System (GPS) device to the undercarriage of his car and tracked his movements for four weeks. The Court, however, splintered on what constituted the search: the attachment of the device or the long-term monitoring. The majority held that the attachment of the GPS device and an attempt to obtain information was the violation; Justice Alito, concurring, argued that the monitoring was a violation of Jones’s reasonable expectation of...
China’s Rare Earth Industry and Export Regime: Economic and Trade Implications for the United States
Over the past few years, the Chinese government has implemented a number of policies to tighten its control over the production and export of “rare earths”—a unique group of 17 metal elements on the periodic table that exhibit a range of special properties, such as magnetism, luminescence, and strength. Rare earths are important to a number of high technology industries, including renewable energy and various defense systems.
China’s position as the world’s dominant producer and supplier of rare earths (97% of total output) and its policies to limit exports have raised concerns among many...
Issues and Challenges for Federal Geospatial Information
Congress has recognized the challenge of coordinating and sharing geospatial data from the local, county, and state level to the national level, and vice versa. The cost to the federal government of gathering and coordinating geospatial information has also been an ongoing concern. As much as 80% of government information has a geospatial component, according to various sources. The federal government’s role has changed from being a primary provider of authoritative geospatial information to coordinating and managing geospatial data and facilitating partnerships. Congress explored issues...
Fact Sheet: The FY2013 State and Foreign Operations Budget Request
On February 13, 2012, the Obama Administration submitted to Congress its FY2013 budget request for State, Foreign Operations, and Related Programs totaling $54.7 billion, $8.2 billion for Overseas Contingency Operations (OCO) funding. Of the total request, $18.6 billion is for State Department Operations and related agencies (a 4.6% increase over FY2012 funding) and $36.1 billion is for Foreign Operations (an increase of 0.1% over the FY2012 level). This fact sheet provides a brief overview of that request. A full report on FY2013 State and Foreign Operations budget and appropriations...
State laws that require parental involvement in a pregnant minor’s abortion decision have gained greater visibility in light of recent attempts by Congress to criminalize the interstate transport of a minor to obtain an abortion. At least forty-four states have enacted statutes that require a minor to seek either parental notification or parental consent before obtaining an abortion. This report discusses the validity of state parental involvement laws in the context of Planned Parenthood of Southeastern Pennsylvania v. Casey, Ayotte v. Planned Parenthood of Northern New England, and other...
Domestic Content Legislation: The Buy American Act and Complementary Little Buy American Provisions
Congress has broad authority to place conditions on the purchases made by the federal government or with federal dollars. One of many conditions that it has placed on direct government purchases is a requirement that they be produced in the United States. The most well-known of these requirements is the Buy American Act, which is the major domestic preference statute governing procurement by the federal government. This report summarizes (1) the Buy American Act, what it does and does not cover; (2) the Little Buy American Acts found in permanent law, emphasizing what they govern, major...
Subsidy Cost of Federal Credit: Cost to the Government or Fair Value Cost?
Since the mid-1980s, budget experts have debated whether the best method of measuring the subsidy cost of federal credit (direct loans and loan guarantees) is the cost to the government or the fair value cost. The cost to the government would reflect the actual budget cost measured by discounting of expected cash flows associated with each program at the interest rate on risk-free Treasury securities. The measure of the cost to the government would place the cost of federal credit on the same basis as a grant or a tax expenditure; consequently, policymakers would have an incentive to use...
Members of Congress Who Die in Office: Historic and Current Practices
Since 1973, 84 Members of Congress—69 Representatives and 15 Senators—have died in office. When a sitting Member dies, the House and Senate carry out a number of actions based on chamber rules, statutes, and long-standing practices. Some observances, such as adjourning briefly as a mark of respect to the deceased, appointing Member delegations to attend funerals of deceased colleagues, or paying the costs of a funeral from public funds, were initially observed in the earliest Congresses, or predate the national legislature established under the Constitution. It appears that contemporary...
On August 5, 2004, the United States entered into the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). Congress passed the implementing bill on July 28, 2005 (P.L. 109-53) and CAFTA-DR entered into force with El Salvador, Honduras, Nicaragua, and Guatemala by July 1, 2006, the Dominican Republic on March 1, 2007, and Costa Rica on January 1, 2009. This permanent, comprehensive, and reciprocal trade agreement eliminates tariff and non-tariff barriers to two-way trade, building on unilateral trade preferences begun under the 1983 Caribbean Basin Initiative...
WTO Dispute Settlement: Status of U.S. Compliance in Pending Cases
Although the United States has complied with adverse rulings in many past World Trade Organization (WTO) disputes, there are currently 14 cases in which rulings have not yet been implemented or the United States has acted and the dispute has not been fully resolved. Under WTO dispute settlement rules, a WTO Member will generally be given a reasonable period of time to comply. While the Member is expected to remove the offending measure by the end of this period, compensation and temporary retaliation are available if the Member has not acted or not taken adequate remedial action by this...
FY2013 Defense Budget Request: Overview and Context
This report analyzes President Obama’s FY2013 defense budget request and the long-term deficit reduction issues relevant to congressional discussion of that request. Congressional action on the FY2013 defense budget will be analyzed in a separate report.
The FY2013 Department of Defense (DOD) budget request includes a total of $613.9 billion in discretionary budget authority: $525.4 billion for the so-called “base budget” (excluding operations in Afghanistan and Iraq), and $88.5 billion for war costs or “Overseas Contingency Operations” (OCO). Overall, that request is $31.8 billion less...
The Commercial Space Industry and Launch Market
The space industry refers to economic activities related to the manufacture and delivery of components that go into Earth’s orbit or beyond. The space industry is a subset of the U.S. aerospace industry and U.S. strength in aerospace has helped to provide U.S. strength in space. The space industry was originally developed by government entities, and government policies and spending continue to exercise a strong influence on commercial space activities in the United States and elsewhere. Space-oriented manufacturing, which includes launch vehicles, spacecraft, satellites, and parts and...
V-22 Osprey Tilt-Rotor Aircraft Program
The V-22 Osprey is a tilt-rotor aircraft that takes off and lands vertically like a helicopter and flies forward like an airplane. Department of Defense plans call for procuring a total of 458 V-22s, including 360 MV-22s for the Marine Corps; 50 CV-22 special operations variants for U.S. Special Operations Command, or USSOCOM (funded jointly by the Air Force and USSOCOM); and 48 HV-22s for the Navy.
Through FY2012, a total of 282 V-22s have been procured—241 MV-22s for the Marine Corps and 41 CV-22s for USSOCOM. These totals include several V-22s that have been procured in recent years...
Legal Issues Regarding Census Data for Reapportionment and Redistricting
This report provides an overview of selected issues regarding census data that have arisen during recent decennial censuses, including use of sampling or other estimation techniques and counting U.S. citizens residing abroad. The Constitution requires that state representation in the House of Representatives be based on a population census conducted at least once every 10 years. The Constitution does not expressly require use of official federal decennial census data for intrastate redistricting, but courts have found that states must use the best data available, which may or may not be...
Racial Profiling: Legal and Constitutional Issues
Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior. Examples of racial profiling by federal, state, and local law enforcement agencies are illustrated in legal settlements and data collected by governmental agencies and private groups, suggesting that minorities are disproportionately the subject of routine traffic stops and other security-related practices. The issue has periodically attracted congressional interest,...
Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes
In the 2010 decennial census, the Census Bureau counted the total population of the United States. This included, as in previous censuses, all U.S. citizens, lawfully present aliens, and unauthorized aliens. Some have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them.
One question raised by this idea is whether the exclusion of aliens could be done by amending the federal census statutes, or...
Federal Depository Library Program: Issues for Congress
Congress established the Federal Depository Library Program (FDLP) to provide free public access to federal government information. The program’s origins date to 1813; the current structure of the program was established in 1962 and is overseen by the Government Printing Office (GPO). Access to government information is provided through a network of depository libraries across the United States. In the past half-century, information creation, distribution, retention, and preservation has expanded from a tangible, paper-based process to include digital processes managed largely through...
The Use of Discretionary Authority in the Housing Choice Voucher Program: A CRS Study
The Section 8 Housing Choice Voucher (HCV) program is the federal government’s largest needs-based housing assistance program, in terms of both the number of families served and the cost to the federal budget. Under the program, the Department of Housing and Urban Development (HUD) provides funds to local public housing authorities (PHAs), which, in turn, provide subsidies to low-income households to use to rent private market apartments. Although the basic structure of the program is governed by federal law and regulations, PHAs have discretion to determine many important elements. How...
Prosecution of Public Corruption: An Overview of Amendments Under H.R. 2572 and S. 2038
The House Judiciary Committee has approved an amended version of the Clean Up Government Act (H.R. 2572). The Senate has passed nearly identical provisions as Title II of the Stop Trading on Congressional Knowledge Act (S. 2038). Title II, however, was dropped from the bill prior to its enactment as P.L. 112-105, 126 Stat. 291 (2012). Among other things, Title II and H.R. 2572 would each:
Expand the scope of federal mail and wire fraud statutes to reach undisclosed self-dealing by public officials—in response to Skilling.
Amend the definition of official act for bribery purposes—to...
Under programs administered by the Department of Transportation’s (DOT’s) Federal Highway Administration (FHWA), certain highway and bridge projects may be eligible for federal funding. Project approval and the receipt of federal funds are conditioned on the project sponsor (e.g., a local public works or state transportation agency) meeting certain standards and complying with federal law. Activities necessary to demonstrate compliance with those requirements may be completed at various stages of project development. Although the names of each stage may vary from state to state, project...
Prosecution of Public Corruption: An Abridged Overview of Amendments Under H.R. 2572 and S. 2038
The House Judiciary Committee has approved an amended version of the Clean Up Government Act (H.R. 2572). The Senate has passed nearly identical provisions as Title II of the Stop Trading on Congressional Knowledge Act (STOCK Act; S. 2038). Title II, however, was dropped from the bill prior to its enactment as P.L. 112-105, 126 Stat. 291 (2012). Among other things, Title II and H.R. 2572 would each:
Expand the scope of federal mail and wire fraud statutes to reach undisclosed self-dealing by public officials—in response to Skilling.
Amend the definition of official act for bribery...
Unlawful Internet Gambling Enforcement Act (UIGEA) and Its Implementing Regulations
The Unlawful Internet Gambling Enforcement Act (UIGEA) seeks to cut off the flow of revenue to unlawful Internet gambling businesses. It outlaws receipt of checks, credit card charges, electronic funds transfers, and the like by such businesses. It also enlists the assistance of banks, credit card issuers and other payment system participants to help stem the flow of funds to unlawful Internet gambling businesses. To that end, it authorizes the Treasury Department and the Federal Reserve System (the Agencies), in consultation with the Justice Department, to promulgate implementing...
Financial Services and General Government: A Summary of the President’s FY2013 Budget Request
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. Among those independent agencies are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), the Securities and Exchange Commission (SEC), and the United States Postal Service (USPS). The Commodity Futures Trading Commission (CFTC) is funded in the House through the...
Unemployment and the Availability of Health Insurance: Issues for Congress
When workers lose their jobs, they can also lose their health insurance. If that health insurance is family coverage, then a worker’s family members can also become uninsured. For individuals who do not typically use many health care services, loss of insurance might have little impact. However, for individuals who have health problems or who are injured, loss of coverage can be serious. Without insurance, individuals often have difficulty obtaining needed care and problems paying for the care they receive. Unemployed individuals and their family members who cannot postpone care may incur...
Data Security Breach Notification Laws
A data security breach occurs when there is a loss or theft of, or other unauthorized access to, sensitive personally identifiable information that could result in the potential compromise of the confidentiality or integrity of data. Forty-six states, the District of Columbia, Puerto Rico, and the Virgin Islands have laws requiring notification of security breaches involving personal information. Federal statutes, regulations, and a memorandum for federal departments and agencies require certain sectors (healthcare, financial, federal public sector, and the Department of Veterans Affairs)...
Selected Federal Data Security Breach Legislation
The protection of data, particularly data that can be used to identify individuals, has become an issue of great concern to Congress. There is no comprehensive federal law governing the protection of data held by private actors. Only those entities covered by the Gramm-Leach-Bliley Act, 15 U.S.C. §§6801-6809, (certain financial institutions) and the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §1320d et seq., and amendments to HIPAA contained in the Health Information Technology for Economic and Clinical Health Act (HITECH Act), P.L. 111-5, (certain health care...
Indian Gaming: Legal Background and the Indian Gaming Regulatory Act (IGRA)
In the 1980s, a number of Indian tribes developed high-stakes bingo and other gaming operations to raise non-federal revenue to fund their governments. In 1988, after the Supreme Court held, in California v. Cabazon Band of Mission Indians, that federal and tribal interests in Indian gaming preempted state law such that state regulation of gaming did not apply to tribal gaming operations on tribal land, Congress passed the Indian Gaming Regulatory Act (IGRA). IGRA provides a statutory basis for Indian tribes to conduct gaming on “Indian lands” and establishes a regime for regulating Indian...
Centers for Medicare & Medicaid Services: President’s FY2013 Budget
Federal law requires the President to submit an annual budget to Congress no later than the first Monday in February. The budget informs Congress of the President’s overall federal fiscal policy based on proposed spending levels, revenues, and deficit (or surplus) levels. The budget request lays out the President’s relative priorities for federal programs, such as how much should be spent on defense, education, health, and other federal programs. The President’s budget may also include legislative proposals for spending and tax policy changes. While the President is not required to propose...
Federal Research and Development Funding: FY2012
Federal research and development (R&D) funding for FY2012 is estimated to total $138.869 billion, $3.845 billion (-2.7%) below the FY2011 funding level of $142.714 billion, and $9.042 billion (-6.1%) below the President’s request of $147.911 billion. Among the overarching issues that Congress contended with in the FY2012 appropriations process were the extent to which the federal R&D investment could grow in the context of increased pressure on discretionary spending and how available funding would be prioritized and allocated. The appropriations legislation was incorporated into two...
Lean Finely Textured Beef: The “Pink Slime” Controversy
Since early March 2012, the use of lean finely textured beef (LFTB) in the U.S. ground beef supply has come under a barrage of media criticism and consumer backlash. The depiction of LFTB in the media as “pink slime” raised the product’s “yuck” factor and implied that there were food safety issues with LFTB, mainly because ammonium gas is used as an antimicrobial intervention in the production of LFTB. Also, the fact that ground beef purchased for the school lunch program could contain LFTB triggered consumer calls for the U.S. Department of Agriculture (USDA) to immediately end the...
Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis
As part of the Patient Protection and Affordable Care Act (ACA), P.L. 111-148, as amended, Congress enacted a “minimum coverage provision,” which compels certain individuals to have a minimum level of health insurance (i.e., an “individual mandate”). Individuals who fail to do so may be subject to a monetary penalty, administered through the tax code. Congress has never compelled individuals to buy health insurance, and there has been significant controversy and debate over whether the requirement is within the scope of Congress’s legislative powers.
Shortly after ACA was enacted, several...
The Republic of the Philippines and U.S. Interests
The United States and the Republic of the Philippines maintain close ties stemming from the U.S. colonial period, the bilateral security alliance, extensive military cooperation, and common strategic and economic interests. Although the United States closed its military bases in the Philippines in 1992, the two treaty allies have continued joint military activities related to counterterrorism and maritime security. This report looks at the U.S. foreign policy towards the Philippines.
Section 404 of the Sarbanes-Oxley Act of 2002 requires the Securities and Exchange Commission (SEC) to issue rules requiring annual reports filed by reporting issuers to state the responsibility of management for establishing and maintaining an adequate internal control structure and procedures for financial reporting and for each accounting firm auditing the issuer’s annual report to attest to the assessment made of the internal accounting procedures made by the issuer’s management. There have been criticisms that this provision is overly burdensome and costly for small and medium-sized...
The Emergency Planning and Community Right-to-Know Act (EPCRA): A Summary
This report summarizes the Emergency Planning and Community Right-to-Know Act (EPCRA) and the major regulatory programs that mandate reporting by industrial facilities of releases of potentially hazardous chemicals to the environment, as well as local planning to respond in the event of significant, accidental releases. The text is excerpted, with minor modifications, from the corresponding chapter of CRS Report RL30798, Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency, coordinated by David M. Bearden, which summarizes major environmental...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Executive Compensation
As part of their financial regulatory reform legislation, both the House and the Senate passed bills with provisions applying to executive compensation. The House- and Senate-passed executive compensation provisions differed, in some cases significantly.
The House and Senate conferees on Wall Street reform passed an executive compensation subtitle. On June 30, 2010, the House agreed to the conference report for H.R. 4173, now referred to as the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The Senate agreed to the conference report on July 15, 2010. The President...
Crowdfunding refers to the financing of an activity through the collective cooperation of people who pool their money or other resources, sometimes through a networking site on the Internet. Common goals of crowdfunding involve such activities as disaster relief, political campaigns, and investing. In the investment area, crowdfunding may involve relatively small individual monetary contributions from a group of investors in order to meet a specific goal. Crowdfunding in the investment area received increased attention in the 112th Congress, resulting with the passage of the Jumpstart Our...
Executive Compensation: SEC Regulations and Congressional Proposals
Concern about shareholder value, corporate governance, and the economic and social impact of escalating pay for corporate executives has led to a controversy regarding the practices of paying these executives. Proposals have been made in the current and recent Congresses to limit executive compensation and the amount of deferred compensation for tax purposes. In the 110th Congress, two laws containing executive compensation provisions were enacted: P.L. 110-289, the Housing and Economic Recovery Act of 2008, and P.L. 110-343, the Emergency Economic Stabilization Act of 2008. Bills have...
Over the last six years, net oil imports have fallen by 33% to average 8.4 million barrels per day (Mb/d) in 2011. This represents 45% of domestic consumption, down from 60% in 2005. Oil is a critical resource for the U.S. economy, but despite policy makers’ long-standing concern, U.S. oil imports had generally increased for decades until peaking in 2005. Since then, the economic downturn and higher oil prices were a drag on oil consumption, while price-driven private investment and policy helped increase domestic supply of oil and oil alternatives. Net imports are gross imports minus...
Burma’s April Parliamentary By-Elections
The Republic of the Union of Myanmar (Burma) held parliamentary by-elections on April 1, 2012. According to the official results announced by Union Election Commission (UEC), the National League for Democracy (NLD) won all but two of the 45 seats, including NLD Chair Aung San Suu Kyi winning a seat in the lower house of Burma’s national parliament. Depending its assessment of the conduct of the election and the official election results, the Obama Administration may seek to alter policy towards Burma, possibly including the waiver or removal of some current sanctions. Such a shift may...
U.S. National Science Foundation: Major Research Equipment and Facility Construction
The Major Research Equipment and Facilities Construction (MREFC) account of the National Science Foundation (NSF) supports the acquisition and construction of major research facilities and equipment that are to extend the boundaries of science, engineering, and technology. The facilities include telescopes, earth simulators, astronomical observatories, and mobile research platforms. Currently, the NSF provides approximately $1.0 billion annually in support of facilities and other infrastructure projects. While the NSF does not directly design or operate research facilities, it does have...
Trade Law: An Introduction to Selected International Agreements and U.S. Laws
The United States has trade obligations under multilateral trade agreements, including the General Agreement on Tariffs and Trade (GATT) and the other World Trade Organization (WTO) agreements, as well as bilateral and regional trade agreements. A variety of domestic laws implement these agreements, prescribe U.S. trade policy goals, or regulate international trade to achieve specific foreign policy objectives. This report provides an overview of both international and domestic trade law, focusing on a select group of international agreements and statutes that are most commonly implicated...
Export-Import Bank: Background and Legislative Issues
The Export-Import Bank of the United States (Ex-Im Bank, EXIM Bank, or the Bank), an independent federal government agency, is the official export credit agency (ECA) of the United States. It helps finance U.S. exports of manufactured goods and services, with the objective of contributing to the employment of U.S. workers, primarily in circumstances when alternative financing is not available. Members of the 112th Congress may examine issues related to the
Ex-Im Bank that center on the economic rationale for the Bank; the impact of the Bank on the federal budget and U.S. taxpayers; the...
FY2013 Budget Documents: Internet and GPO Availability
This report provides brief descriptions of the budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices for obtaining print copies of these publications. It also explains how to find the locations of government depository libraries, which can provide both printed copies for reference use and Internet access to the online versions.
Asset Distribution of Taxable Estates: An Analysis
This report provides data on the distribution of assets in estates as reported on estate tax returns filed in 2009 and 2010. The data for 2010 are unique, as the estate tax was repealed for those who died in calendar year 2010. Thus, the 2010 data are presented as an appendix to this report. Based on the 2009 data, this report finds that farm and business assets represent a small share of the total value of taxable estates that filed tax returns in 2009 (3.25% and 13.86%, respectively). That share is concentrated in estates valued over $10 million. For an overview of the estate tax, see...
A Separate Consumer Price Index for the Elderly?
The federal government, in an effort to protect the purchasing power of Social Security beneficiaries, indexes benefits to increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Concern has periodically been expressed that the CPI-W may understate the impact of inflation on the elderly population and that it therefore may not be the most appropriate measure of inflation’s impact on the elderly.
At the behest of Congress, the U.S. Bureau of Labor Statistics (BLS) developed an experimental price index to track changes in the cost of living for the...
Selected Agency Budget Justifications for FY2013
This report provides a convenient listing of online FY2013 agency budget justification submissions for all 15 executive branch departments and 9 selected independent agencies.
The Davis-Bacon Act and Changes in Prevailing Wage Rates, 2000 to 2008
The Davis-Bacon Act requires employers to pay workers at least the locally prevailing wage and fringe benefits on federal construction projects of more than $2,000. These wages and benefits are the minimum that employers must pay workers. In order to hire and retain workers, employers may pay more than the minimum amounts. Issues for Congress include the effect of the Davis-Bacon Act on labor costs in federal construction and the earnings of construction workers and their families. Other concerns include the administration and enforcement of the act.
The U.S. Department of Labor (DOL)...
Taxing Large Pass-Throughs As Corporations: How Many Firms Would Be Affected?
Several lawmakers and the Obama Administration have expressed interest in taxing large partnerships and S corporations, also known as pass-throughs, as corporations. Part of this interest appears to be related to deficit and debt concerns. Pass-throughs may be a source of revenue since they currently account for over half of all business income but generally pay no corporate tax. Additionally, there is a growing concern that the current business tax environment may be inequitable and inefficient. Today, two business that are otherwise identical except that one is a corporation and the...
On March 20, 2012, House Budget Committee Chairman Paul Ryan released the Chairman’s mark of the FY2013 House budget resolution together with his report entitled “The Path to Prosperity: A Blueprint for American Renewal,” which outlines his budgetary objectives. On the same day, CBO issued an analysis of the long-term budgetary impact of Chairman Ryan’s budget proposal based on specifications provided by House Budget Committee staff. The House Budget Committee considered and amended the Chairman’s mark on March 21, 2012, and voted to report the budget resolution to the full House....
The Americans with Disabilities Act (ADA): Movie Captioning and Video Description
The Americans with Disabilities Act (ADA) is a broad civil rights statute prohibiting discrimination against individuals with disabilities. Title III of the ADA prohibits discrimination by public accommodations, which are defined to include movie theaters, but the statute does not include specific language on closed captioning or video description. Although the Department of Justice (DOJ) has promulgated regulations under Title III, it has not specifically addressed issues regarding closed captioning or video description. However, DOJ has issued an advance notice of proposed rulemaking...
Chile’s Pension System: Background in Brief
In 1980, Chile was the first country to replace its pay-as-you-go public pension system with a system of individual accounts. The “Chilean model” has been widely studied as one possible model for public pension restructuring.
Chile’s public pension system consists of three tiers: a poverty prevention tier, an individual account tier, and a voluntary savings tier. The poverty prevention tier provides a minimum benefit to aged persons who did not participate in the public pension system and to retired workers whose monthly pensions financed by individual account assets (the second tier) do...
Pivot to the Pacific? The Obama Administration’s “Rebalancing” Toward Asia
In the fall of 2011, the Obama Administration issued a series of announcements indicating that the United States would be expanding and intensifying its already significant role in the Asia-Pacific, particularly in the southern part of the region. The fundamental goal underpinning the shift is to devote more effort to influencing the development of the Asia-Pacific’s norms and rules, particularly as China emerges as an ever-more influential regional power. Given that one purpose of the “pivot” or “rebalancing” toward the Asia-Pacific is to deepen U.S. credibility in the region at a time of...
The Americans with Disabilities Act (ADA): Application to the Internet
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications for individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”
However, the ADA, enacted on July 26, 1990, prior to widespread use of the Internet, does not specifically cover the Internet, and the issue of coverage has not been...
Energy Storage for Power Grids and Electric Transportation: A Technology Assessment
Energy storage technology has great potential to improve electric power grids, to enable growth in renewable electricity generation, and to provide alternatives to oil-derived fuels in the nation’s transportation sector. In the electric power system, the promise of this technology lies in its potential to increase grid efficiency and reliability—optimizing power flows and supporting variable power supplies from wind and solar generation. In transportation, vehicles powered by batteries or other electric technologies have the potential to displace vehicles burning gasoline and diesel fuel,...
On March 21, 2012, the Supreme Court resolved a long-simmering issue of federal environmental enforcement. The issue in Sackett v. Environmental Protection Agency involved the “administrative compliance order” (ACO), frequently used by the Environmental Protection Agency (EPA) to enforce statutes it administers. The Court held that the Administrative Procedure Act makes available “pre-enforcement review” of ACOs under Section 404 of the Clean Water Act (CWA), which establishes the federal wetlands permitting program. Recipients of Section 404 ACOs no longer have to wait, while penalties...
Since 1908, the Forest Service (USFS) in the Department of Agriculture has paid 25% of its receipts to the states for use on roads and schools in the counties where the national forests are located. The Bureau of Land Management (BLM) in the Department of the Interior has paid 50% of its receipts to the Oregon counties where the revested (returned to federal ownership) Oregon and California Railroad (O&C) grant lands are located. Payments under these programs dropped substantially in the 1990s, largely because of declining timber sales. In the Secure Rural Schools and Community...
An Overview and Analysis of H.R. 3010, the Regulatory Accountability Act of 2011
In the fall of 2011, a group of Members from the House and the Senate introduced the Regulatory Accountability Act of 2011 (RAA, H.R. 3010 and S. 1606). The RAA would make the most significant legislative changes to the rulemaking process since the enactment of the Administrative Procedure Act in 1946. The RAA would modify and enact into law numerous new general procedures for rulemaking that appear in narrower form in existing law, executive orders, and Office of Management and Budget (OMB) documents. The House of Representatives passed H.R. 3010 on December 2, 2011. The Obama...
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications for individuals with disabilities. This report summarizes the major provisions of the ADA and analyzes selected recent issues, including the Supreme Court cases and the ADA Amendments Act of 2008.
The federal government owns significant amounts of land and resources that are exempt from state and local taxation. State and local governments provide a wide variety of services—education, social services, public safety, transportation facilities, utilities, and much more. These services are funded through intergovernmental transfers (federal grants to state governments and federal and state grants to local governments), user fees, and state and local levied taxation—property taxes, income taxes, sales and use taxes, excise taxes, severance taxes, and more.
Congress has established...
Federal Statutes: What They Are and Where to Find Them
This report provides a brief overview of federal statutes and where to find them, both in print and on the Internet. When Congress passes a law, it may amend or repeal earlier enactments or it may create new law. Newly enacted laws are published chronologically, first as separate statutes in “slip law” form and later cumulatively in a series of volumes known as the Statutes at Large. Statutes are numbered by order of enactment either as public laws or, far less frequently, private laws, depending on their scope. Most statutes are incorporated into the United States Code. The United States...
Dispute Settlement in the U.S.-South Korea Free Trade Agreement (KORUS FTA)
The U.S.-South Korea Free Trade Agreement (KORUS FTA), which was approved by Congress in P.L. 112-41 and entered into force on March 15, 2012, follows current U.S. FTA practice in containing two types of formal dispute settlement: (1) State-State, applicable to disputes between the KORUS FTA Parties, and (2) investor-State, applicable to claims against one Party by an investor of the other Party for breach of an agreement investment obligation. An unsuccessful defendant in a State-State dispute would generally be expected to remove the complained-of measure; remedies for non-compliance...
Upcoming Rules Pursuant to the Patient Protection and Affordable Care Act: Fall 2011 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons and in a variety of ways. The Patient Protection and Affordable Care Act (ACA, as amended) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in ACA that explicitly require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming ACA rules is by reviewing the Unified Agenda of Federal Regulatory and Deregulatory Actions, which is published twice each...
Latin America and the Caribbean: Illicit Drug Trafficking and U.S. Counterdrug Programs
Drug trafficking is viewed as a primary threat to citizen security and U.S. interests in Latin America and the Caribbean despite decades of anti-drug efforts by the United States and partner governments. The production and trafficking of popular illicit drugs—cocaine, marijuana, opiates, and methamphetamine—generate a multi-billion dollar black market in which Latin American criminal and terrorist organizations thrive. These groups challenge state authority in source and transit countries where governments are often fragile and easily corrupted. According to the Department of Justice,...
Medicaid’s Federal Medical Assistance Percentage (FMAP), FY2013
Medicaid is a means-tested entitlement program that finances the delivery of primary and acute medical services as well as long-term care. Medicaid is jointly funded by the federal government and the states. The federal government’s share of a state’s expenditures is called the federal medical assistance percentage (FMAP) rate. The remainder is referred to as the nonfederal share, or state share.
Generally determined annually, the FMAP formula is designed so that the federal government pays a larger portion of Medicaid costs in states with lower per capita incomes relative to the national...
Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?
The deadly attacks on Afghan civilians allegedly by a U.S. servicemember have raised questions regarding the Status of Forces Agreement (SOFA) in place between the United States and Afghanistan that would govern whether Afghan law would apply in this circumstance. SOFAs are multilateral or bilateral agreements that generally establish the framework under which U.S. military personnel operate in a foreign country and how domestic laws of the foreign jurisdiction apply toward U.S. personnel in that country.
Formal requirements concerning form, content, length, or title of a SOFA do not...
Congressional Oversight of Agency Public Communications: Implications of Agency New Media Use
This report intends to assist Congress in its oversight of executive branch agencies’ public communications. Here, “public communications” refers to agency communications that are directed to the public.
Many, and perhaps most, federal agencies routinely communicate with the public. Agencies do so for many purposes, including informing the public of its rights and entitlements, and informing the public of the agency’s activities. Agencies spent more than $900 million on contracts for advertising services in FY2010, a figure that does not include all agency communications...
Veterans Affairs: A Preliminary Analysis of the FY2013 Budget Proposal
The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans who meet certain eligibility criteria. These benefits and services include hospital and medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance as well as traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses.
This report provides a preliminary analysis of the President’s budget request for FY2013 for the...
Russia’s March 2012 Presidential Election: Outcome and Implications
Challenges to Russia’s democratic development have long been of concern to Congress as it has considered the course of U.S.-Russia cooperation. The Obama Administration has been critical of the apparently flawed Russian presidential election which took place on March 4, 2012, but has called for continued engagement with Russia and newly elected President Vladimir Putin on issues of mutual strategic concern. Some in Congress also have criticized the conduct of the election, but have endorsed continued engagement, while others have called for stepping back and reevaluating the...
U.S. Immigration Policy on Permanent Admissions
Four major principles underlie current U.S. policy on permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees, and the diversity of admissions by country of origin. These principles are embodied in the Immigration and Nationality Act (INA). The INA specifies a complex set of numerical limits and preference categories that give priorities for permanent immigration reflecting these principles. Legal permanent residents (LPRs) refer to foreign nationals who live permanently in the United States.
During FY2010, a total...
Executive Branch Reorganization Initiatives During the 112th Congress: A Brief Overview
On January 13, 2012, President Barack Obama announced a proposal for a federal government reorganization. This reorganization initially would involve two legislative stages. First, the President would ask Congress to reinstate the so-called “President’s reorganization authority,” an expedited process that was available to Presidents periodically between 1932 and 1984. A legislative proposal that would renew this authority was conveyed to Congress on February 16, 2012. A bill that is substantively similar to the Administration’s request, S. 2129, was subsequently introduced in the Senate....
A Retrospective of House Rules Changes Since the 104th Congress through the 109th Congress
One of the majority party’s prerogatives is writing the House rules and using its majority status to effect the chamber’s rules on the day the new House convenes. It is a feature of the House that it must adopt rules at the convening of each Congress. While each new House largely adopts the chamber rules that existed in the previous Congress, each new House also adopts changes to those rules. Institutional and political developments during the Democratic majority, particularly during the 103rd Congress, were a prelude to the rules changes made by the Republicans when they took control of...
The Capitol Visitor Center: History, Development, and Funding
The Capitol Visitor Center (CVC), which opened to the public on December 2, 2008, was designed to enhance the security, educational experience, and comfort of those visiting the U.S. Capitol. The decision to build a subterranean facility beneath the East Front Plaza, largely invisible from an exterior perspective, was made so the structure would not compete with, or detract from, the appearance and historical architectural integrity of the Capitol. The project’s designers sought to integrate the new structure with the landscape of the East Capitol Grounds and ultimately recreate the...
Change in the Middle East: Implications for U.S. Policy
The political change and unrest that have swept through the Middle East and North Africa since early 2011 are likely to have profound consequences for the pursuit of long-standing U.S. policy goals in the region with regard to regional security, global energy supplies, U.S. military access, bilateral trade and investment, counter-proliferation, counterterrorism, and the promotion of human rights. The profound changes in the region may alter the framework in which these goals are pursued and challenge the basic assumptions that have long guided U.S. policy.
This report assesses some of the...
The Impact of Budget Proposals on Tax-Exempt Bonds
Under current law, interest income from bonds issued by state and local governments is exempt from federal income taxes. In addition, interest on bonds issued by certain nonprofit entities and authorities is also exempt from federal income taxes. Together, these tax preferences are estimated to generate a federal revenue loss of $309.9 billion over the 2012 to 2016 budget window. Along with this direct “cost,” economic theory holds that tax-exempt bonds distort investment decisions (leading to over-investment in this sector). As with many other tax preferences, the income exclusion is...
Securing Nuclear Materials: The 2012 Summit and Issues for Congress
In an April 2009 speech in Prague, President Obama pledged that his Administration would launch “a new international effort to secure all vulnerable nuclear material around the world within four years.” To motivate world leaders to achieve this goal, the President hosted a Nuclear Security Summit in Washington, DC, on April 12-13, 2010. Leaders of 47 countries attended the summit, including many heads of state. Attendees represented a wide geographic range of states and nuclear capabilities, and include China, India, Israel, and Pakistan. The summit resulted in a joint statement saying...
Child Support Enforcement: Incarceration As the Last Resort Penalty For Nonpayment of Support
The Child Support Enforcement (CSE) program was signed into law in 1975 (P.L. 93-647) as a federal-state program to enhance the well-being of families by making child support a reliable source of income. The CSE program is based on the premise that both parents are financially responsible for their children. The CSE program is operated in all 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, and by several Indian tribes or tribal organizations. State CSE programs have at their disposal a wide variety of methods by which to obtain child support...
Financial Services and General Government: FY2012 Appropriations
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. Among those independent agencies are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), the Securities and Exchange Commission (SEC), and the United States Postal Service (USPS). The Commodity Futures Trading Commission (CFTC) is funded in the House through the...
The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers.
U.S. antidumping (AD) laws (19 U.S.C. §1673 et seq.) authorize the imposition of duties if (1) the International Trade Administration of the Department of Commerce (ITA) determines that foreign merchandise is being, or likely to be, sold in the United States at less than fair value, and (2) the U.S. International Trade Commission (USITC) determines that an industry in the United States is materially injured or...
Nonproliferation and Threat Reduction Assistance: U.S. Programs in the Former Soviet Union
Congress passed the Nunn-Lugar amendment, authorizing U.S. threat reduction assistance to the former Soviet Union, in November 1991, after a failed coup in Moscow and the disintegration of the Soviet Union raised concerns about the safety and security of Soviet nuclear weapons. The annual program has grown from $400 million in the DOD budget to over $1 billion per year across three agencies—DOD, DOE, and the State Department. It has also evolved from an emergency response to impending chaos in the Soviet Union, to a more comprehensive threat reduction and nonproliferation effort, to a...
U.S. Defense Articles and Services Supplied to Foreign Recipients: Restrictions on Their Use
In accordance with United States law, the U.S. Government places conditions on the use of defense articles and defense services transferred by it to foreign recipients. Violation of these conditions can lead to the suspension of deliveries or termination of the contracts for such defense items, among other things. On occasion, the President has indicated that such violations by foreign countries “may” have occurred, raising the prospect that termination of deliveries to or imposition of other penalties on such nations might take place. Section 3(a) of the Arms Export Control Act (AECA)...
Medicare Advantage Risk Adjustment and Risk Adjustment Data Validation Audits
According to the American Academy of Actuaries, “[h]ealth risk adjustment is the process of adjusting payments to organizations (usually health insurance plans) based on differences in the risk characteristics of people enrolled in each plan.” By adjusting payments to compensate organizations for the relatively higher medical costs associated with an ill individual, plans should, all other things being equal, be indifferent between enrolling the sicker person or the relatively healthier one.
Medicare Advantage (MA) is an alternative way for Medicare beneficiaries to receive covered...
Mandatory Minimum Sentencing for Federal Sex Offenses: An Overview
Sex offenses are usually state crimes. Federal law, however, outlaws sex offenses when they occur on federal lands or in federal prisons, when they involve interstate or foreign travel, or when they involve child pornography whose production or distribution is associated in some way with interstate or foreign commerce. Mandatory minimum terms of imprisonment attend conviction for any of several of these federal sex crimes.
The most severe mandatory minimum sentences have been reserved for aggravated sexual assaults committed in federal enclaves or federal prisons, for sex offenses...
Mandatory Minimum Sentencing for Federal Sex Offenses: An Abridged Overview
Sex offenses are usually state crimes. Federal law, however, outlaws sex offenses when they occur on federal lands or in federal prisons, when they involve interstate or foreign travel, or when they involve child pornography whose production or distribution is associated in some way with interstate or foreign commerce. Mandatory minimum terms of imprisonment attend conviction for any of several of these federal sex crimes.
The most severe mandatory minimum sentences have been reserved for aggravated sexual assaults committed in federal enclaves or federal prisons, for sex offenses...
Budget Process Reform: Proposals and Legislative Actions in 2012
An array of budget process reform proposals are put forth each year seeking to refine or modify the existing constitutional requirements, laws, and rules that make up the federal budget process. This report identifies, tracks, and explains current budget process reform proposals reported from committee or considered on the floor during 2012. The proposals are organized into categories related to the existing budget process. When appropriate, a brief description of the current process is provided.
Measures included in this report are H.R. 3575, the Legally Binding Budget Act of 2011; H.R....
Ethical Considerations in Assisting Constituents With Grant Requests Before Federal Agencies
There is no inherent ethical problem with a Member’s office assisting constituents and constituent organizations with the procedures and applications for federal grants. Although in most instances such assistance would involve the provision and distribution of grant information to constituents and constituent groups, it is possible that on occasion, if the office deems it appropriate, the office may contact a federal agency to express interest in and support of the grant application.
In conducting such assistance, three general areas of ethical considerations should be noted:
In...
Religious Exemptions for Mandatory Health Care Programs: A Legal Analysis
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148), enacted in 2010, established requirements for employers and individuals to ensure the provision or availability of certain health care coverage. Additionally, the threat of bioterrorism has caused some to consider the possibility of introducing vaccination programs to prevent an outbreak of serious illnesses. Programs like health care coverage and vaccinations have the potential to violate certain religious beliefs and therefore may conflict with the First Amendment. In the continuing debate over issues for which mandatory...
The Temporary Assistance for Needy Families (TANF) Block Grant: Issues for the 112th Congress
P.L. 112-96 funds TANF through the end of FY2012. It generally provides FY2012 TANF funding at FY2011 levels, but does not fund TANF “supplemental grants.” In addition, P.L. 112-96 prevents electronic benefit transaction access to TANF cash at certain establishments, and also revises TANF reporting standards to facilitate data exchanges with other programs.
The short-term extension of TANF defers major budget and policy decisions related to the block grant. Most federal TANF policy focuses on historical concerns related to cash assistance for needy families with children, which led to the...
On January 4, 2011, the GPRA Modernization Act of 2010 (GPRAMA) became law. The acronym “GPRA” in the act’s short title refers to the Government Performance and Results Act of 1993 (GPRA 1993), a law that GPRAMA substantially modified. When GPRA 1993 was enacted, it was regarded as a watershed for the federal government. For the first time, Congress established statutory requirements for most agencies to set goals, measure performance, and submit related plans and reports (hereafter, “products”) to Congress for its potential use.
After a four-year phase-in period for GPRA 1993 and 13 years...
H.R. 1837—The Sacramento-San Joaquin Valley Water Reliability Act
For most of the last 20 years, some water contractors in California have received less than their full contract water supplies from federal and state facilities. Although such allocations are in part the result of the prior appropriation doctrine in western water law and are consistent with the expectation of a “junior” water user in times of drought, tensions over water delivery reliability have been exacerbated by reductions in deliveries even in non-drought years. Such reductions are significant because much of the California urban and agricultural economy operates under junior water...
U.S. National Science Foundation: Experimental Program to Stimulate Competitive Research (EPSCoR)
The Experimental Program to Stimulate Competitive Research (EPSCoR) of the National Science Foundation (NSF) was authorized by Congress in 1978, partly in response to concerns in Congress and the concerns of some in academia and the scientific community about the geographic distribution of federal research and development (R&D) funds. It was argued that there was a concentration of federal R&D funds in large and wealthy states and universities, and that the continuation of such funding patterns might ensure a dichotomy between the “haves” and “have-nots.”
EPSCoR began in 1979 with five...
Globalization, Worker Insecurity, and Policy Approaches
Today’s global economy, or what many call globalization, has a growing impact on the economic futures of American companies, workers, and families. Increasing integration with the world economy makes the U.S. and other economies more productive. For most Americans, this has translated into absolute increases in living standards and real disposable incomes. However, while the U.S. economy as a whole benefits from globalization, it is not always a win-win situation for all Americans. Rising trade with low-wage developing countries not only increases concerns of job loss, but it also leads...
Presidential Nominating Process: Current Issues
After a period of uncertainty over the presidential nominating calendar for 2012, the early states again settled on January dates for primaries and caucuses. Iowa held its caucuses on January 3 and New Hampshire held its primary on January 10. These two states, along with South Carolina and Nevada, are exempt from Republican national party rules that do not permit delegate selection contests prior to the first Tuesday in March, but specify that these contests may not be held before February 1. Officials in Florida announced that the state would hold a January 31, 2012, primary, in...
Issues in International Trade Law: Restricting Exports of Electronic Waste
Electronic waste (e-waste) is a term that loosely refers to obsolete, broken, or irreparable electronic devices like televisions, computer central processing units (CPUs), computer monitors, laptops, printers, scanners, and associated wiring. Because e-waste is generated in high volumes in the United States and contains hazardous materials like lead, mercury, and chromium, it is a growing area of domestic concern. Currently, e-waste is essentially unregulated at the federal level and can be disposed of with common household garbage in municipal solid waste landfills or incinerators....
Civilian Property Realignment Act of 2011 (H.R. 1734): Analysis of Key Provisions
In an effort to reduce the costs associated with maintaining thousands of unneeded and underutilized federal buildings, and to generate revenue through the sale of such properties, the 112th Congress is considering several real property reform bills. Perhaps the most comprehensive of these proposals is H.R. 1734, the Civilian Property Realignment Act (CPRA) of 2011. CPRA was introduced on May 4, 2011, and reported by the House Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management on May 25, 2011. CPRA was reported...
U.S. Implementation of Basel II.5, Basel III, and Harmonization with the Dodd-Frank Act
The Basel III Capital Accord, which was produced by the Basel Committee on Banking Supervision at the Bank for International Settlements, is the latest in a series of evolving agreements among central banks and bank supervisory authorities from around the world to establish minimum capital requirements for financial institutions. Capital serves as a cushion against sudden financial shocks (such as an unusually high occurrence of loan defaults), which can otherwise lead to insolvency. The Basel III regulatory reform package revises the definition of regulatory capital and increases the...
The Congressional Appropriations Process: An Introduction
Congress annually considers several appropriations measures, which provide funding for numerous activities, for example, national defense, education, and homeland security, as well as general government operations. Congress has developed certain rules and practices for the consideration of appropriations measures, referred to as the congressional appropriations process. This report looks at this process as well as the three types of appropriates measures: regular appropriations bills, continuing resolutions, and supplemental appropriations bills.
Deepwater Horizon Oil Spill: Highlighted Activities
A look at legislative reforms that have been passed and are in process in the wake of the Deepwater Horizon oil spill on April 20, 2010.
The Depreciating Dollar: Economic Effects and Policy Response
Depreciation of the dollar since 2002 raises concern among some in Congress and the public that the dollar’s decline is a symptom of broader economic problems, such as a weak economic recovery, rising public debt, and a diminished standing in the global economy. However, a falling currency is not always a problem, but possibly an element of economic adjustments that are, on balance, beneficial to the economy.
A depreciating currency could affect several aspects of U.S. economic performance. Possible effects include increased net exports, decreased international purchasing power, rising...
The Arecibo Ionospheric Observatory
The Arecibo Ionospheric Observatory is a radio and radar telescope located in Barrio Esperanza, Arecibo, Puerto Rico. The Arecibo Observatory is managed, operated, and maintained by SRI International, under contract with the National Science Foundation (NSF). In 2005-2006, NSF’s Division of Astronomical Sciences (AST) conducted a Senior Review of its portfolio of facilities. Among other things, the Senior Review was to identify potential reinvestment in the highest priority existing programs in AST and restructure the operational efficiency of the existing facilities. The Review reported...
Preventive Health Services Regulations: Religious Institutions’ Objections to Contraceptive Coverage
Since the enactment of the Patient Protection and Affordable Care Act (ACA) in 2010, controversy has surrounded the applicability of requirements for health plans and health insurers to cover certain recommended preventive health services, including a range of contraceptive services, without cost sharing. The U.S. Departments of Health and Human Services, Labor, and Treasury have issued regulations that provide an exemption from ACA for certain religious employers who have religious objections to contraceptives. The exemption appears to cover churches and church associations, but...
Homeland Security Department: FY2012 Appropriations
This report describes the FY2012 appropriations for the Department of Homeland Security (DHS). The Administration requested a total appropriation (mandatory and discretionary) of $45,015 million in budget authority for FY2012. This amounts to a $1,610 million, or a 3.7%, increase from the $43,405 million enacted for FY2011 through the continuing resolution (P.L. 112-10). Total budget authority, including appropriations, fee revenues, and trust funds in the Administration’s budget request for DHS for FY2012 amounts to $57,079 million as compared to $55,783 million enacted for FY2011.
Net...
China’s Banking System: Issues for Congress
China’s banking system has been gradually transformed from a centralized, government-owned and government-controlled provider of loans into an increasingly competitive market in which different types of banks, including several U.S. banks, strive to provide a variety of financial services. Only three banks in China remain fully government-owned; most banks have been transformed into mixed ownership entities in which the central or local government may or may not be a major equity holder in the bank.
The main goal of China’s financial reforms has been to make its banks more commercially...
Article I, Section 8, of the Constitution confers on Congress the power to “declare War.” Modern Presidents, however, have contended that, notwithstanding this clause, they do not need congressional authorization to use force. Partly in response to that contention, and because of widespread concern that Congress had allowed its war power to atrophy in the Korean and Vietnam conflicts, Congress in 1973 enacted the War Powers Resolution (WPR; P.L. 93-148). Among other things, the WPR generally requires the President to report to Congress within 48 hours when, absent a declaration of war,...
Financial Performance of the Major Oil Companies, 2007-2011
Periods of rising oil prices can result in reduced economic growth, rising prices, and reduced disposable incomes for consumers, as well as a deteriorating trade balance. For the oil industry, periods of high oil prices generally imply increasing cash flows and higher profits. While some view the improvement in the industries’ finances under these conditions as a business return no different than those earned in other industries, others view it as a windfall, a direct transfer from consumers, without any significant additional activity attributable to the industry. Although the U.S. oil...
Senate Committee Rules in the 112th Congress: A Comparison of Key Provisions
Senate Rule XXVI spells out specific requirements for Senate committee procedures. In addition, each Senate committee is required to adopt rules that govern its organization and operation. Those committee rules then elaborate, within Senate rules, how the committee will handle its business. Rules adopted by a committee may “not be inconsistent with the Rules of the Senate” (Senate Rule XXVI, paragraph 2). Committees may add to the basic rules, but they may not add anything that is in conflict with Senate rules.
This report first provides a brief overview of Senate rules as they pertain to...
Sourcing Policy: Statutes and Statutory Provisions
This report discusses the federal government's sourcing policy, which dates to the 1950s with the publication of three Bureau of the Budget bulletins. Congressional interest and involvement in sourcing policy, as measured by legislation that has been enacted, has grown over the years. Recently enacted provisions have addressed, for example, protest rights for federal government employees, funding limits on competitive sourcing activities, the development of a single consistent definition of “inherently governmental,” and the development of “insourcing” guidelines.
Reducing the Budget Deficit: Policy Issues
This report discusses why the federal government's fiscal path is unsustainable and provides an overview of proposals of selected groups that have published detailed recommendations on how to return the federal budget to a sustainable course.
The U.S. Foreign-Born Population: Trends and Selected Characteristics
This report offers context for consideration of immigration policy options by presenting data on key geographic, demographic, social, and economic characteristics of the foreign-born population residing in the United States. Interest in the U.S. foreign-born population stems in part from the changing demographic profile of the United States as well as the rapidity of such change, and how both of these trends correspond to U.S. immigration policy. Although the foreign born are relatively small in absolute terms—39.9 million people representing 12.9% of the total U.S. population of 309.3...
Congress periodically establishes agricultural and food policy in an omnibus farm bill. The 112th Congress faces reauthorization of the current five-year farm bill (the Food, Conservation, and Energy Act of 2008, P.L. 110-246) because many of its provisions expire in 2012. The 2008 law contained 15 titles covering farm commodity support, horticulture, livestock, conservation, nutrition assistance, international food aid, trade, agricultural research, farm credit, rural development, bioenergy, and forestry, among others. The breadth of farm bills has steadily grown in recent decades to...
NATO Common Funds Burdensharing: Background and Current Issues
For decades, Congress has maintained an interest in burdensharing arrangements with allies, particularly with those of the North Atlantic Treaty Organization (NATO). The 28 NATO member states contribute to the activities of the alliance in several ways, the chief of which is through the deployment of their own armed forces, funded by their individual national budgets. Certain commonly conducted activities, however, are paid for out of three NATO-run budgets. These three accounts—the civil budget, the military budget, and the security investment program—are funded by individual...
Defense: FY2012 Budget Request, Authorization and Appropriations
President Obama’s FY2012 budget request, sent to Congress on February 14, 2011, included $670.9 billion in discretionary budget authority for the Department of Defense (DOD), of which $553.1 billion was for the so-called “base budget” of the department (that is, the cost of routine, peacetime operations excluding the cost of ongoing operations in Iraq and Afghanistan). The remaining $117.8 billion in the DOD budget request was to cover the cost of so-called “overseas contingency operations (OCO),” including operations in those two countries.
However, the Budget Control Act (BCA) enacted in...
Federal Funding for Wildfire Control and Management
The Forest Service (FS) and the Department of the Interior (DOI) are responsible for protecting most federal lands from wildfires. Wildfire appropriations nearly doubled in FY2001, following a severe fire season in the summer of 2000, and have remained at relatively high levels. Acres burned annually have also increased over the past 50 years, with the six highest annual totals occurring since 2000. Many in Congress are concerned that wildfire costs are spiraling upward without a reduction in damages. With emergency supplemental funding, FY2008 wildfire funding reached a record high of...
U.S. Offshore Oil and Gas Resources: Prospects and Processes
Access to potential oil and gas resources under the U.S. Outer Continental Shelf (OCS) continues to be controversial. Moratoria on leasing and development in certain areas were largely eliminated in 2008 and 2009, although a few areas remain legislatively off limits to leasing. The 112th Congress may be unlikely to reinstate broad leasing moratoria, but some Members have expressed interest in protecting areas (e.g., the Georges Bank or Northern California) or establishing protective coastal buffers. Pressure to expand oil and gas supplies and protect coastal environments and communities...
Health Insurance Coverage of Children, 2010
In 2010, 90% of children had health insurance coverage in the United States, and 10% of children were uninsured. Among children with coverage, private health insurance, including employer-sponsored insurance and nongroup insurance, was the predominant source of coverage, followed by public coverage, including Medicaid and other means-tested public programs (e.g., the State Children’s Health Insurance Program—CHIP), as well as Medicare and military health care.
These estimates, and the estimates detailed in this report, are from the U.S. Census Bureau’s Annual Social and Economic Supplement...
Quality gaps in the care delivered by the U.S health care system result in preventable mortality and morbidity and contribute costs to the system, with multiple indicators showing that quality of care could be improved. Although no single definition of high-quality health care has been agreed upon, the Institute of Medicine (IOM) provided a framework for considering the quality of care, based on six domains: (1) effective, (2) efficient, (3) equitable, (4) patient-centered, (5) safe, and (6) timely. Ongoing congressional interest in enhancing the quality of health care is likely given the...
Building Civilian Interagency Capacity for Missions Abroad: Key Proposals and Issues for Congress
Within the past two decades, prominent foreign policy organizations and foreign policy experts have perceived serious deficiencies in the authorities, organizations, and personnel used to conduct interagency missions that prevent the United States from exercising its power to full advantage. For the 112th Congress, proposals to address these problems may be of interest for their perceived potential not only to enhance performance, but also to save money by streamlining processes, encouraging interagency cooperation, and reducing duplication. These proposals also provide context for current...
Labor, Health and Human Services, and Education: FY2012 Appropriations
This report provides an overview of actions taken by Congress to provide FY2012 appropriations for the accounts funded by the Departments of Labor, Health and Human Services, Education, and Related Agencies (L-HHS-ED) appropriations bill. The L-HHS-ED bill provides funding for all accounts subject to the annual appropriations process at the Departments of Labor and Education. It provides annual appropriations for most agencies within the Department of Health and Human Services, with certain exceptions (e.g., the Food and Drug Administration is funded via the Agriculture appropriations...
A Historical Perspective on “Hollow Forces”
Senior Department of Defense (DOD) leaders have invoked the specter of a “hollow force” to describe what could happen to the U.S. Armed Forces if significant cuts to the defense budget are enacted. While some Members and staff might be familiar with the hollow force and its causes, newer Members and staff might not have a similar understanding of the conditions that led to the hollow force and what actions were taken to improve the condition of the U.S. Armed Forces.
After several years of rapid growth in defense budgets, measures to reduce federal budget deficits have led to projections...
This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
In 1968, Congress reacted to the numerous public flag burnings in protest of the Vietnam conflict by passing the first...
Military Base Closures: Socioeconomic Impacts
The most recent Base Realignment and Closure (BRAC) Commission submitted its final report to the Administration on September 8, 2005. Implementation of the BRAC round was officially completed on September 15, 2011. In the report, the commission rejected 13 of the initial Department of Defense recommendations, significantly modified the recommendations for 13 other installations, and approved 22 major closures. The loss of related jobs, and efforts to replace them and to implement a viable base reuse plan, can pose significant challenges for affected communities. However, while base...
Sourcing Policy: Selected Developments and Issues
Dating back to the 1950s, federal sourcing policy generally has focused on the premise that the government should rely on the private sector for the provision of certain goods and services. Additionally, it has centered around guidance for conducting public-private competitions to determine whether federal employees, or contractor employees, should be selected to perform certain agency functions. The Administration of President George W. Bush, in particular, emphasized subjecting eligible agency functions to public-private competitions. Branding this policy, and related guidance, as...
Interior, Environment, and Related Agencies: FY2012 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for agencies within other departmentsincluding the Forest Service within the Department of Agriculture and the Indian Health Service (IHS) within the Department of Health and Human Services. It also includes funding for arts and cultural agencies, the U.S. Environmental Protection Agency, and numerous other entities.
On December 23, 2011, Congress enacted H.R. 2055, the Consolidated Appropriations Act, 2012 (P.L. 112-74)....
Child Nutrition and WIC Reauthorization: P.L. 111-296
The most recent WIC and child nutrition reauthorization, P.L. 111-296, “Healthy, Hunger-Free Kids Act of 2010,” was signed into law at the end of the 111th Congress on December 13, 2010. Subsequently, Congress plays an oversight role as the U.S. Department of Agriculture promulgates rules, releases guidance, and otherwise implements the legislation. This report features a summary of the legislative history of P.L. 111-296 as well as a section-by-section summary of what was contained within the law. For a brief overview of this periodic reauthorization, see CRS In Focus IF10266, An...
China’s Vice President Xi Jinping Visits the United States: What Is at Stake?
Chinese Vice President Xi Jinping (pronounced Shee Jin-ping) is scheduled to visit the United States in mid-February, 2012, returning Vice President Joseph R. Biden, Jr.’s August 2011 visit to China, which Xi hosted. The fact that Xi is the heir apparent to China’s current top leader, Hu Jintao, who is scheduled to retire in the coming year, makes this more than an ordinary vice-presidential visit. Xi’s trip is designed to help him build relationships with American policymakers and legislators and introduce himself to the American business community and the American people on the eve of...
Since the third quarter of 2008, U.S. household debt has steadily fallen. Household debt reduction is known as deleveraging, and such substantial and persistent deleveraging (reflected in Federal Reserve data) has been uncommon over the past several decades. Given that much household debt is used to finance consumption, which accounts for about 70% of gross domestic product, continued deleveraging implies slower consumption growth and economic recovery. Beginning in the third quarter of 2007, household net worth (i.e., the difference between the value of assets and liabilities) preceded...
Energy and Water Development: FY2012 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation, the Department of Energy (DOE), and a number of independent agencies.
President Obama’s FY2012 budget request for Energy and Water Development was released in February 2011, but the Congress was concerned for the first months of the year with completing the appropriations cycle for FY2011. As with other funding bills, the FY2011 Energy and Water Development bill was not taken to the floor in either the...
Smart Meter Data: Privacy and Cybersecurity
Fueled by stimulus funding in the American Recovery and Reinvestment Act of 2009 (ARRA), electric utilities have accelerated their deployment of smart meters to millions of homes across the United States with help from the Department of Energy’s Smart Grid Investment Grant program. As the meters multiply, so do issues concerning the privacy and security of the data collected by the new technology. This Advanced Metering Infrastructure (AMI) promises to increase energy efficiency, bolster electric power grid reliability, and facilitate demand response, among other benefits. However, to...
Lebanon and the Uprising in Syria: Issues for Congress
As Congress exercises oversight and prepares to consider programs for Lebanon in the coming year, some observers have expressed fear that Syrian instability may negatively affect Lebanon. Syria exerts a strong political influence on Lebanon and Syrian business interests remain prominent in the Lebanese economy. Both Lebanon and Syria have diverse societies where ethnic and sectarian groups compete and cooperate as they seek power within the confines of a rigid political system. Primary concerns about the implications of Syrian unrest include:
Negative effects on the Lebanese economy;...
Military Construction, Veterans Affairs, and Related Agencies: FY2012 Appropriations
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. It capitalizes military family housing and the U.S. share of the NATO Security Investment Program and finances the implementation of installation closures and realignments. It underwrites veterans benefit and health care programs administered by the Department of Veterans Affairs (VA), provides for the creation and maintenance of U.S. cemeteries and...
Contract Liability Arising from the Nuclear Waste Policy Act (NWPA) of 1982
Almost 30 years ago, Congress addressed growing concerns regarding nuclear waste management by calling for the federal collection of spent nuclear fuel (SNF) and high-level waste for safe, permanent disposal. To this end, the Department of Energy (DOE) was authorized by the Nuclear Waste Policy Act (NWPA) to enter into contracts with nuclear power providers to gather and dispose of the provider’s SNF in exchange for payments into the statutorily established Nuclear Waste Fund (NWF). Under the terms of the NWPA, these contracts were to require that the federal government begin disposal of...
Federal Agency Authority to Contract for Electric Power and Renewable Energy Supply
The federal government purchases roughly 57 million megawatt-hours of electricity annually (based on FY2007 data, the latest information available), making it the single largest U.S. energy consumer. The Department of Defense (DOD) alone consumes over 29 million megawatt-hours. The federal Power Marketing Administrations (PMAs) sell electricity at more than twice the volume of federal power purchases, over 127 million megawatt-hours of hydropower annually, and are projected to produce wind-generated energy far in excess of the 2005 Energy Policy Act (EPAct) mandates for increasing federal...
Legislative Branch: FY2012 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office; Architect of the Capitol; Library of Congress, including the Congressional Research Service; Government Printing Office; Government Accountability Office; and Open World.
The legislative branch budget request of $4.857 billion, which is included in the President’s budget, was submitted on February 14, 2011. This represents an approximately 7% increase over funds provided for FY2011, although the request was...
Environmental Protection Agency (EPA) FY2012 Appropriations
Enacted December 23, 2011, the Consolidated Appropriations Act, 2012 (P.L. 112-74, H.R. 2055), finalized appropriations for FY2012 for those agencies typically funded under nine of the 12 regular appropriations bills. Not including a 0.16% across-the-board rescission, Title II of Division E under P.L. 112-74 provided $8.46 billion for the Environmental Protection Agency (EPA) for FY2012. The total was an increase above the $7.15 billion proposed by the House Appropriations Committee (H.R. 2584 as reported), but less than the $8.62 billion proposed in a draft released by the bipartisan...
The Early Agenda of the Consumer Financial Protection Bureau: The Nonbank Supervision Program
The Consumer Financial Protection Bureau (CFPB) was established by Title X of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act (P.L. 111-203, the Dodd-Frank Act). The creation of the CFPB consolidates many existing consumer financial protection responsibilities into one agency. The Dodd-Frank Act states that the purpose of the CFPB is to implement and enforce federal consumer financial law while ensuring that consumers can access financial products and services. The CFPB is also instructed to ensure that the markets for consumer financial services and products are...
Evaluating the Current Stance of Monetary Policy Using a Taylor Rule
Oversight of the Federal Reserve's (Fed's) monetary policy decisions rests with Congress. But oversight is encumbered by the absence of a straightforward relationship between interest rates and economic performance. Further, the Fed's policy decisions are discretionary, meaning there is no objective, transparent “yardstick” for evaluating their decisions. A simple rule of thumb guide to monetary policy decisions called a “Taylor rule” is an intuitive way to judge actual policy against some objective, albeit simplistic, ideal. Taylor rules
prescribe a federal funds target based on...
FY2012 Appropriations Overview: Status of Discretionary Appropriations Legislation
This report presents an overview of proposed and enacted FY2012 appropriations legislation. The report consists primarily of a table showing discretionary appropriations, by bill title, for each of the proposed and enacted appropriations bills, together with the comparable figures enacted for FY2011. The product is intended to allow for broad comparison between the House and Senate FY2012 proposals, the Administration’s FY2012 request, and the FY2011 and FY2012 enacted appropriations. The figures do not necessarily reflect budget scorekeeping adjustments allowable under the Budget Control...
Derivatives Regulation and Legislation Through the 111th Congress
In the wake of the financial crisis and unusual oil price volatility, new attention was drawn to the regulation of derivatives—and particularly toward the unregulated over-the-counter (OTC) derivatives market. What regulatory changes, if any, would reduce risks to the financial system from derivatives trading? A number of bills were introduced in the 111th Congress, and several congressional committees have held hearings. The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) enacted a sweeping reform of derivatives trading and oversight and brought the unregulated...
Marcellus Shale Gas: Development Potential and Water Management Issues and Laws
Until relatively recently, natural gas-rich shale formations throughout the United States were not considered to have significant resource value because no technologies existed to economically recover the gas. Development and deployment of advanced drilling and reservoir stimulation methods have dramatically increased the gas production from these “unconventional gas shales.” The Marcellus Shale formation potentially represents one of the largest unconventional natural gas resources in the United States, underlying much of West Virginia and Pennsylvania, southern New York, eastern Ohio,...
Multilateral Development Banks: General Capital Increases
For the first time in the history of the institutions, each of the major Multilateral Development Banks (MDBs) are simultaneously seeking increases in their capital bases to fund the continued expansion of their development lending programs. The requests come after several years of increased lending by the banks. If the increases are fully funded, the resources of the World Bank, African Development Bank (AfDB), European Bank for Reconstruction and Development (EBRD), Asian Development Bank (AsDB), and Inter-American Development Bank (IDB) would increase by between 31% and 200%....
Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation
Although brand-name pharmaceutical companies routinely procure patents on their innovative medications, such rights are not self-enforcing. Brand-name firms that wish to enforce their patents against generic competitors must commence litigation in the federal courts. Such litigation ordinarily terminates in either a judgment of infringement, which typically blocks generic competition until such time as the patent expires, or a judgment that the patent is invalid or not infringed, which typically opens the market to generic entry.
As with other sorts of commercial litigation, however, the...
Internet Gambling: An Overview of Federal Criminal Law
This is a summary of the federal criminal statutes implicated by conducting illegal gambling using the Internet. Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign element might otherwise frustrate the enforcement policies of state law. State officials and others have expressed concern that the Internet may be used to bring illegal gambling into their jurisdictions.
Illicit Internet gambling implicates at least seven federal criminal statutes. It is a federal crime (1) to conduct an illegal gambling business...
Internet Gambling: An Abridged Overview of Federal Criminal Law
This is a summary of the federal criminal statutes implicated by conducting illegal gambling using the Internet. Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign element might otherwise frustrate the enforcement policies of state law. State officials and others have expressed concern that the Internet may be used to bring illegal gambling into their jurisdictions.
Illicit Internet gambling implicates at least seven federal criminal statutes. It is a federal crime (1) to conduct an illegal gambling business...
Grandfathered Health Plans Under the Patient Protection and Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act (P.L. 111-148, ACA), as amended, includes provisions for the grandfathering of existing health insurance plans. Given that most Americans had private health insurance coverage on the date of enactment of ACA, most Americans’ health coverage was affected by the grandfathering provisions.
A grandfathered health plan is an existing group health plan or health insurance coverage (including coverage from the individual health insurance market) in which a person was enrolled on the date of enactment. Therefore, as long as a person was enrolled in a...
State and Local Government Debt: An Analysis
The financial consequences of the recession that spanned from December 2007 through June 2009 have increased congressional interest in the fiscal health of state and local governments. State and local tax revenues declined, expenditures climbed, and debt increased. Even though tax revenue has begun to rebound, expenditures for unemployment benefits and other social programs remain elevated. Also, federal aid to states, which had increased as part of the American Recovery and Reinvestment Act, has receded. Federal outlays for grants in aid to state and local governments rose from $538...
President Obama’s January 4, 2012, Recess Appointments: Legal Issues
The U.S. Constitution establishes two methods by which Presidents may appoint officers of the United States: either with the advice and consent of the Senate, or unilaterally “during the Recess of the Senate.” These two constitutional provisions have long served as sources of political tension between Presidents and Congresses, and the same has held true since President Obama took office.
At the end of the first session of the 112th Congress, the Senate had not acted upon the nominations of the Director to the recently established Bureau of Consumer Financial Protection (CFPB or Bureau) or...
Iran’s Threat to the Strait of Hormuz
Some officials of the Islamic Republic of Iran have recently renewed threats to close or exercise control over the Strait of Hormuz. Iran’s threats appear to have been prompted by the likely imposition of new multilateral sanctions targeting Iran’s economic lifeline—the export of oil and other energy products. In the past, Iranian leaders have made similar threats and comments when the country’s oil exports have been threatened. However, as in the past, the prospect of a major disruption of maritime traffic in the Strait risks damaging Iranian interests. U.S. and allied military...
Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress
The term Deepwater referred to more than a dozen separate Coast Guard acquisition programs for replacing and modernizing the service’s aging fleet of deepwater-capable ships and aircraft. Until April 2007, the Coast Guard pursued these programs as a single, integrated acquisition program that was known as the Integrated Deepwater System (IDS) program or Deepwater program for short. Since April 2007, the Coast Guard has pursued them as separate acquisition programs. These acquisition programs include plans for, among other things, 91 new cutters, 124 new small boats, and 247 new or...
Drivers of Premium Increases and Review of Health Insurance Rates
In general, the premiums charged by health insurance companies represent actuarial estimates of the amount that would be required to cover three main components: (1) the expected cost of the health benefits covered under the plan, (2) the business administrative costs of operating the plan, and (3) a profit. The final premium calculation often is adjusted upward or downward to reflect several factors, such as making up for a previous financial loss, that are often referred to as the “underwriting cycle.”
Health insurance premiums have been trending up, while the value of coverage...
Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress
The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. Piracy of the content created by movie, music, and software companies and sales of counterfeit pharmaceutical drugs and consumer products negatively impact the American economy and can pose risks to the health and safety of U.S. citizens. Although rights holders and law enforcement agencies currently have some legal tools to pursue domestic infringers, they face difficult challenges in enforcing...
Duration of Continuing Resolutions in Recent Years
Continuing appropriations acts (commonly known as continuing resolutions or CRs), which provide interim funding in the event that regular appropriations have not been enacted, have been an integral component of the annual appropriations process for decades. Whenever action on one or more of the regular appropriations acts for a fiscal year is incomplete, an issue that arises is the appropriate duration of any period for which continuing resolutions will be used.
Continuing resolutions may have a relatively short duration in the expectation that action on the regular appropriations acts...
The huge earthquake and tsunami that struck Japan’s Fukushima Daiichi nuclear power station on March 11, 2011, knocked out backup power systems that were needed to cool the reactors at the plant, causing three of them to undergo fuel melting, hydrogen explosions, and radioactive releases. Radioactive contamination from the Fukushima plant forced the evacuation of communities up to 25 miles away and affected up to 100,000 residents, although it did not cause any immediate deaths.
Tokyo Electric Power Company (TEPCO) operates the Fukushima nuclear power complex in the Futaba district of...
U.S.-EU Trade and Economic Relations: Key Policy Issues for the 112th Congress
The 112th Congress, in both its legislative and oversight roles, confronts numerous issues that affect the trade and economic relationship between the United States and the European Union (EU). As U.S.-EU commercial interactions drive significant job creation on both sides of the Atlantic, Congress is monitoring ongoing efforts to deepen transatlantic ties that are already large, dynamic, and mutually beneficial.
U.S. and European private stakeholders, concerned about slow growth, job creation, and increased competition from emerging economies, have urged Brussels and Washington to...
Health-Related Revenue Provisions in the Patient Protection and Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148 as amended) will, among other things, raise revenues to pay for expanded health insurance coverage. According to the Joint Committee on Taxation, these health-related provisions are projected to increase federal revenues by about $392 billion over 10 years.
The majority (64%) of the health-related revenues will come from individuals, largely from taxes imposed on higher income tax filers though the Medicare payroll tax and adding an additional tax on net investment income. A much smaller share of revenues derived from...
The Future of the Eurozone and U.S. Interests
Seventeen of the European Union's 27 member states share an economic and monetary union (EMU) with the euro as a single currency. These countries are effectively referred to as the Eurozone. What has become known as the Eurozone crisis began in early 2010 when financial markets were shaken by heightened concerns that the fiscal positions of a number of Eurozone countries, beginning with Greece, were unsustainable. This report provides background information and analysis on the future of the Eurozone in six parts, including discussions on the origins and design challenges of the Eurozone,...
Jurisdiction over Challenges to “Large” Orders Under Federal Contracts
On December 31, 2011, President Obama signed the National Defense Authorization Act for FY2012. This act amends Title 41 of the United States Code to extend the Government Accountability Office’s (GAO’s) jurisdiction over protests involving “large” orders issued under civilian agency contracts and clarifies that protests of such orders may not be heard after September 30, 2016, if this jurisdiction is not reauthorized (P.L. 112-81, § 813). Title 41’s provisions regarding the protests of “large” orders previously had a May 27, 2011, sunset date. However, the language of these provisions was...
Loan Guarantees for Clean Energy Technologies: Goals, Concerns, and Policy Options
Government guaranteed debt is a financial tool that has been used to support a number of federal policy objectives: home ownership, higher education, and small business development, among others. Loan guarantees for new energy technologies date back to the mid-1970s, when rapidly rising energy prices motivated the development of alternative, and renewable, sources of energy. Recently, the Energy Policy Act of 2005 created a loan guarantee program for innovative clean energy technologies (nuclear, clean coal, renewables) commonly known as Section 1703. The American Recovery and Reinvestment...
In Riegel v. Medtronic, Inc., the United States Supreme Court held in an 8 to 1 decision that if the Food and Drug Administration (FDA) grants premarket approval (PMA) to a medical device, the device manufacturer is immune from certain suits under state tort law, due to an express preemption provision in the Medical Device Amendments of 1976 (MDA). This holding establishes that FDA PMA preempts claims such as strict liability, breach of implied warranty, and negligence in design, testing, manufacturing, labeling, distribution, sale, inspection, or marketing of the device to the extent that...
Surface Transportation Program Reauthorization Issues for the 112th Congress
The law authorizing federal surface transportation programs expired at the end of FY2009, but Congress has failed to enact a new authorization. Surface transportation programs continue to operate on the basis of authority provided in extension legislation.
This situation should not be a surprise to those familiar with the history of the reauthorization process. Especially during the last two decades, reauthorization has become a difficult undertaking. This is primarily due to controversy over how and to whom federal-aid highway funds should be distributed. The most recent law, the Safe,...
Text and Multimedia Messaging: Issues for Congress
The first text messages were sent during 1992 and 1993, although commercially, text messaging was not widely offered or used until 2000. Even then, messages could only be sent between users subscribed to the same wireless carrier; for example, Sprint customers could only exchange messages with other Sprint customers. In November 2001, however, wireless service providers began to connect their networks for text messaging, allowing subscribers on different networks to exchange text messages. Since then, the number of text messages in the United States has grown to over 48 billion messages...
Forestry in the Next Farm Bill
Forest management generally, as well as forest research and forestry assistance, have long been within the jurisdictions of the Agriculture Committees. Although most forestry programs are permanently authorized, forestry has usually been addressed in the periodic farm bills to reauthorize many agriculture programs. The 2008 farm bill (the Food, Conservation, and Energy Act of 2008, P.L. 110-246) contained a separate forestry title, with provisions establishing national priorities for forestry assistance; requiring statewide forest assessments and strategies; providing competitive funding...
Deflation: Economic Significance, Current Risk, and Policy Responses
Despite the severity of the recent financial crisis and recession, the U.S. economy has so far avoided falling into a deflationary spiral. Since mid-2009, the economy has been on a path of economic recovery. However, the pace of economic growth during the recovery has been relatively slow, and major economic weaknesses persist. In this economic environment, the risk of deflation remains significant and its occurrence could derail sustained economic recovery.
Deflation is a persistent decline in the overall level of prices. It is not unusual for prices to fall in a particular sector because...
Overview of Immigration Issues in the 112th Congress
There is a broad-based consensus that the U.S. immigration system is broken. This consensus erodes, however, as soon as the options to reform the U.S. immigration system are debated. Substantial efforts to comprehensively reform immigration law failed in the 109th and 110th Congresses. Whether and how the 112th Congress will address immigration reform in the midst of historically high levels of unemployment and budgetary constrictions is difficult to project.
The number of foreign-born people residing in the United States is at the highest level in U.S. history and has reached a...
Nuclear Power Plant Design and Seismic Safety Considerations
The earthquake and subsequent tsunami that devastated Japan’s Fukushima Daiichi nuclear power station and the earthquake that forced the North Anna, VA, nuclear power plant’s temporary shutdown have focused attention on the seismic criteria applied to siting and designing commercial nuclear power plants. Some Members of Congress have questioned whether U.S nuclear plants are more vulnerable to seismic threats than previously assessed, particularly given the Nuclear Regulatory Commission’s (NRC’s) ongoing reassessment of seismic risks at certain plant sites.
The design and operation of...
DOE Weatherization Program: A Review of Funding, Performance, and Cost-Effectiveness Studies
This report analyzes the Department of Energy’s (DOE’s) Weatherization Assistance Program. (WAP, the “program”). It provides background—a brief history of funding, program evolution, and program activity—and a review of program assessments and benefit-cost evaluations.
Budget debate over the program is focused on a $5 billion appropriation in the Recovery Act of 2009, a report that state and local governments have yet to commit about $1.5 billion of that total, and concerns about the quality of weatherization projects implemented with Recovery Act funding. During the debate over FY2011...
Application of Religious Law in U.S. Courts: Selected Legal Issues
Controversy has surrounded attempts by several state legislatures to limit the consideration of Islamic religious law (commonly referred to as sharia) or religious law generally, in domestic courts. In one of the most publicized examples, Oklahoma voters definitively approved a state constitutional amendment that prohibited state courts from considering “sharia law,” but the amendment has not taken effect pending the outcome of a lawsuit challenging its constitutionality. Other states have introduced variations of this limitation, with some generally prohibiting the use of religious...
Natural Gas Passenger Vehicles: Availability, Cost, and Performance
Higher gasoline prices in recent years and concerns over U.S. oil dependence have raised interest in natural gas vehicles (NGVs). Use of NGVs for personal transportation has focused on compressed natural gas (CNG) as an alternative to gasoline. Consumer interest has grown, both for new NGVs as well as for conversions of existing personal vehicles to run on CNG. This report finds that the market for natural gas passenger vehicles will likely remain limited unless the price for natural gas remains substantially lower than gasoline to offset the higher purchase price for an NGV.
The...
Kim Jong-il’s Death: Implications for North Korea’s Stability and U.S. Policy
North Korea represents one of the United States’ biggest foreign policy challenges due to its production and proliferation of nuclear weapons and missiles, the threat of attacks against South Korea, its record of human rights abuses, and the possibility that its internal problems could destabilize Northeast Asia. The North Korean government’s December 19, 2011 announcement of the death of the country’s “Dear Leader,” Kim Jong-il, has the potential to be a watershed moment in the history of the Korean Peninsula and the region. Ever since the death of his father, the “Great Leader” Kim Il...
Transportation, Housing and Urban Development, and Related Agencies: FY2012 Appropriations
The Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittee is charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. The HUD budget generally accounts for the largest share of discretionary appropriations provided by the subcommittee. However, when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts for a little less than half of the bill total.
The President’s FY2012...
Biofuels Incentives: A Summary of Federal Programs
With recent high energy prices, the passage of major energy legislation in 2005 (P.L. 109-58) and 2007 (P.L. 110-140), and the passage of a farm bill in 2008 (P.L. 110-246), there is ongoing congressional interest in promoting alternatives to petroleum fuels. Biofuels—transportation fuels produced from plants and other organic materials—are of particular interest. However, many incentives for biofuels production and use expired at the end of 2011, and ongoing congressional debate over budget deficits and the national debt make the prospect of extending these incentives less likely.
Until...
Tax Benefits for Health Insurance and Expenses: Overview of Current Law
How tax policy affects health insurance and health care spending is a perennial subject of discussion in Washington. The issue is prompted by the size of the tax benefits, by their effect on the cost and allocation of health care resources, and by interest in comprehensive tax reform.
Current law contains significant tax benefits for health insurance and expenses. By far the largest is the exclusion for employer-paid coverage, which employees may omit from their individual income taxes. The exclusion also applies to employment taxes and to health benefits in cafeteria plans. (The exclusion...
F-35 Alternate Engine Program: Background and Issues for Congress
On December 2, 2011, General Electric and Rolls-Royce announced that they were ending development of the F136 alternate engine for the F-35, ending what had been a contentious and long-running battle.
The alternate engine program began in FY1996, when defense authorization conferees directed DOD to ensure that the JSF (then “JAST”) program “provides for adequate engine competition” and required the Department of Defense to develop an alternative to the Pratt & Whitney F135 engine that currently powers the F-35 Joint Strike Fighter (JSF). Development of the alternative, the General...
Housing Issues in the 111th Congress
Housing issues related to the recent turmoil in U.S. housing markets, as well as perennial issues related to the housing needs of low-income individuals and families, were prominent in the 111th Congress. The recent recession that was, in part, both a cause and a result of issues in the housing finance system put legislation designed to address current foreclosures and prevent a future crisis on the congressional agenda. At the same time, the 111th Congress faced questions about how best to meet the affordable housing needs of low-income and vulnerable populations, particularly as...
EPA’s Utility MACT: Will the Lights Go Out?
On December 21, 2011, EPA Administrator Lisa Jackson announced final standards aimed at reducing mercury and other air toxics emissions from electric generating units (EGUs) by about 90%. The rule, commonly referred to as the “Utility MACT” or the “Mercury and Air Toxics Standards” (MATS), has been more than a decade in the making (Congress authorized the standards in the 1990 Clean Air Act Amendments), and it is among the most expensive rules that EPA has ever promulgated. EPA estimates the annualized cost at $9.6 billion in 2015. Industry estimates have been higher.
The benefits are...
Navy LPD-17 Amphibious Ship Procurement: Background, Issues, and Options for Congress
The Navy’s proposed FY2012 budget requested funding for the procurement of an 11th and final San Antonio (LPD-17) class amphibious ship. The ship had received $184.0 million in prior-year advance procurement (AP) funding, and the Navy’s proposed FY2012 budget requested the remaining $1,847.4 million needed to complete the ship’s estimated procurement cost of $2,031.4 million.
The Navy’s FY2012 30-year shipbuilding plan calls for the procurement of a new class of amphibious ship called the LSD(X) starting in FY2017. Some observers have suggested using the LPD-17 design as the basis for the...
Veterans’ Medical Care: FY2012 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA).
This report focuses on the VHA. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the...
HOPE VI Public Housing Revitalization Program: Background, Funding, and Issues
The Revitalization of Distressed Public Housing program, referred to as HOPE VI, has been credited with eliminating and replacing some of the most dangerous and dilapidated public housing in the country with new mixed income communities. However, the program has come under scrutiny for slow expenditure of funds and for displacing poor families. Reflecting these criticisms, the Bush Administration requested no new funding for the program in each budget request from FY2004-FY2009, and the Obama Administration requested no new funding (proposing, instead, that Congress fund a new program) in...
Sexual Harassment: Developments in Federal Law
Gender-based discrimination, sexual harassment, and violence against women in the workplace, schools, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement and other sexually offensive workplace behaviors resulting in a “hostile environment” have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and other federal equal employment opportunity laws. The earlier judicial focus on economic detriment or quid pro quo harassment—that is,...
Federal Aid to Roads and Highways Since the 18th Century: A Legislative History
The federal government has provided aid for roads and highways since the establishment of the United States in 1789. This report comprises a brief history of such aid, detailing some precedent setters and more recent funding through the Highway Trust Fund, which was created in 1956.
Preservation of HUD-Assisted Housing
The term “assisted housing preservation” refers to public policy efforts to maintain the affordability of rental properties financed or subsidized by the Department of Housing and Urban Development (HUD) but owned by private for-profit or nonprofit organizations. Beginning in the late 1950s, HUD extended mortgage and/or rental assistance to owners, in exchange for which the owners agreed to make their units affordable to low- and, in some cases, moderate-income tenants. The agreements to maintain affordability, sometimes called “affordability restrictions,” were to last between 20 years...
Horn of Africa Region: The Humanitarian Crisis and International Response
As a result of the worst drought in 60 years, regional conflicts, and conflict within states, a humanitarian emergency of massive proportion has unfolded over the past year in the Horn of Africa region. Current estimates suggest that more than 13.3 million people are currently affected, 250,000 of whom need food assistance in the near term to avoid death. Somalia has been hardest hit so far, creating population displacement within its borders and a refugee crisis of nearly 1 million people in the region, primarily in Kenya and Ethiopia.
The international community continues to respond...
State, Foreign Operations, and Related Programs: FY2012 Budget and Appropriations
Some in the 112th Congress view the foreign affairs budget as a place to cut funds in order to reduce the budget deficit. Foreign affairs expenditures typically amount to about 1% of the annual budget. Others, including Members of Congress of both political parties, view a robust foreign affairs budget as essential for America’s national security and foreign policy interests.
The State Department, Foreign Operations, and Related Agencies appropriations bills, in addition to funding U.S. diplomatic and foreign aid activities, have been the primary legislative vehicle through which Congress...
FY2012 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Recent military operations in Iraq and ongoing operations in Afghanistan, along with the operational role of the Reserve Components, further heighten interest in a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on the House and Senate versions of the National Defense Authorization Act for FY2012. This report provides a brief synopsis of sections...
Funding Emergency Communications: Technology and Policy Considerations
The United States has yet to find a solution that assures seamless communications among first responders and emergency personnel at the scene of a major disaster. Since September 11, 2001, when communications failures contributed to the tragedies of the day, Congress has passed several laws intended to create a nationwide emergency communications capability. The 111th Congress considered pivotal issues, such as radio frequency spectrum license allocation and funding programs for a Public Safety Broadband Network (PSBN), without finding a solution that satisfied the expectations of both...
Gray Area Retirees—Issues and Legislation
The United States Department of Veterans Affairs (VA) provides a broad range of benefits and services to American veterans and to certain members of their families. In addition, the Department of Defense (DOD) offers a variety of benefits to veterans who are also military retirees. When members of the National Guard or the reserves who have not yet reached the age of 60 retire (usually after at least 20 years of service), they may not necessarily meet the statutory definition of “veterans” for VA purposes or be eligible for DOD health benefits. These military retirees are commonly known as...
Recall of Legislators and the Removal of Members of Congress from Office
Under the United States Constitution and congressional practice, Members of Congress may have their services ended prior to the normal expiration of their constitutionally established terms of office by their resignation or death, or by action of the house of Congress in which they are a Member by way of an “expulsion,” or by a finding that in accepting a subsequent “incompatible” public office, the Member would be deemed to have vacated his congressional seat.
Under Article I, Section 5, clause 2, of the Constitution, a Member of Congress may be removed from office before the normal...
Two important components of access to mental health and substance use disorder services are their insurance coverage and the terms under which they are covered. Federal mental health parity law addresses the terms under which mental health and substance use disorder services are covered in comparison with medical and surgical services in those plans that choose to offer coverage of these services. Federal law requires parity in annual and aggregate lifetime limits, treatment limitations, financial requirements, and in- and out-of-network covered benefits. However, federal parity law does...
Fish and Wildlife Service: FY2012 Appropriations and Policy
The annual Interior, Environment, and Related Agencies appropriation funds agencies and programs in three federal departments, as well as numerous related agencies and bureaus. Among the agencies represented is the Fish and Wildlife Service (FWS), in the Department of the Interior. Many of its programs are among the more controversial of those funded in the bill. For FY2012, the Consolidated Appropriations Act (P.L. 112-74, Division E, H.Rept. 112-331) provided $1.48 billion for FWS, down 2% from the FY2011 level of $1.50 billion. (This measure also provided appropriations for most federal...
Presidential Signing Statements: Constitutional and Institutional Implications
Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President’s interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration’s conception of the President’s constitutional prerogatives. While the history of presidential issuance of signing...
U.S.-South Korea Free Trade Agreement and Potential Employment Effects: Analysis of Studies
The Obama Administration finalized negotiations with South Korea in early December 2010 on a bilateral free trade agreement. Congress passed the implementing legislation for the U.S.-South Korea free trade agreement on October 21, 2011 (P.L. 112-42). Congress not only plays a direct role in approving legislation that implements the provisions of free trade agreements, but also authorizes and appropriates funding for programs that are meant to provide special assistance to firms and workers that are dislocated as a result of lower barriers to trade. Since the agreement with South Korea...
U.S.-Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the U.S.-Colombia Free Trade Agreement (CFTA), signed on October 21, 2011 (P.L. 112-42): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians. For general issues relating to the CFTA, see CRS Report RL34470, The U.S.-Colombia Free Trade Agreement: Background and Issues, by M. Angeles Villarreal. For background on Colombia and its political situation and context for the agreement, see CRS Report RL32250, Colombia: Issues for Congress, by...
Early Withdrawals and Required Minimum Distributions in Retirement Accounts: Issues for Congress
In response to the economic downturn, Congress considered providing relief to Americans by suspending two tax penalties on defined contribution retirement plans and Individual Retirement Accounts (IRAs). First, Congress considered allowing individuals to make withdrawals from their retirement accounts without paying a 10% penalty for withdrawals from retirement accounts by individuals under the age of 59½. Second, Congress considered suspending a requirement that most individuals aged 70½ and older withdraw a certain percentage of their retirement account balance each year (known as a...
Under the Patient Protection and Affordable Care Act (P.L. 111-148, ACA, as amended), a number of provisions directly affect access to health insurance coverage. This report provides a description of two of the provisions in ACA that are targeted toward younger individuals, for plan years beginning on or after six months from the date of enactment (i.e., the plan year beginning on or after September 23, 2010). ACA prohibits coverage exclusions for children with preexisting health conditions who are under age 19, and the law also requires plans to continue to make dependent coverage...
Warrantless Seizures in Forfeiture Cases: Due Process and Alvarez v. Smith in the Supreme Court
Alvarez v. Smith became moot while pending before the United States Supreme Court. At the time, the Court had agreed to decide whether a six-month delay between a state’s seizure of property and its forfeiture hearing requires additional procedural safeguards. Traditionally, forfeiture hearing delays have been judged by the speedy trial standards of Barker v. Wingo. The Court had been asked to decide whether they should instead be judged by the general due process standards of Mathews v. Eldridge.
Alvarez v. Smith arose in Chicago where a group of property owners filed a civil rights class...
Unmanned aerial systems comprise a rapidly growing portion of the military budget, and have been a long-term interest of Congress. At times, Congress has encouraged the development of such systems; in other instances, it has attempted to rein in or better organize the Department of Defense’s efforts.
Unmanned aircraft are commonly called unmanned aerial vehicles (UAVs), and when combined with ground control stations and data links, form UAS, or unmanned aerial systems.
The use of UAS in conflicts such as Kosovo, Iraq, and Afghanistan, and humanitarian relief operations such as Haiti,...
United States v. Comstock: Legislative Authority Under the Necessary and Proper Clause
The Adam Walsh Act created 18 U.S.C. 4248, which authorizes civil commitment as sexually dangerous those otherwise about to be released from federal custody. In United States v. Comstock, the United States Supreme Court rejected a suggestion that enactment of Section 4248 lay outside the scope of Congress’s legislative powers. It did so without considering whether the section might be vulnerable to constitutional attack on other grounds.
The Constitution reserves to the states and the people those powers that it does not vest in the federal government. It vests in Congress the authority to...
The National Security Council: An Organizational Assessment
The National Security Council (NSC) was established by statute in 1947 to create an inter-departmental body to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the government to cooperate more effectively in matters involving the national security. Currently, statutory members of the Council are the President, Vice President, the Secretary of State, the Secretary of Defense, and, since 2007, the Secretary of Energy; but, at the...
Mental Health Parity and the Patient Protection and Affordable Care Act of 2010
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as modified by P.L. 111-152, the Health Care and Education Reconciliation Act of 2010) contains a number of provisions that generally combine to extend the reach of existing federal mental health parity requirements. Prior to 1996, health insurance coverage for mental illness had historically been less generous than that for other physical illnesses. Mental health parity is a response to this disparity in insurance coverage, and generally refers to the concept that health insurance coverage for mental health services should...
U.S. Fossil Fuel Resources: Terminology, Reporting, and Summary
Discussions of U.S. and global energy supply refer to oil, natural gas, and coal using several terms that may be unfamiliar to some. The terms used to describe different types of fossil fuels have technically precise definitions, and misunderstanding or misuse of these terms may lead to errors and confusion in estimating energy available or making comparisons among fuels, regions, or nations.
Fossil fuels are categorized, classified, and named using a number of variables. Naturally occurring deposits of any material, whether it is fossil fuels, gold, or timber, comprise a broad spectrum...
The 2004 National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) cited breakdowns in information sharing and the failure to fuse pertinent intelligence (i.e., “connecting the dots”) as key factors in the failure to prevent the 9/11 attacks. Two of the efforts undertaken since 2001 to tackle these issues included
Congress mandating the creation of an information-sharing environment (commonly known as the “ISE”) that would provide and facilitate the means of sharing terrorism information among all appropriate federal, state, local, and tribal entities and the...
In response to continuing high rates of unemployment and a weak economy, President Obama announced his American Jobs Act on September 8, 2011. As stated by the President, the proposal aims to “put more people back to work and more money in the pockets of those who are working.” The proposal was introduced, by request, as S. 1549 and H.R. 12. Senate Majority Leader Harry Reid subsequently introduced the proposal with a different spending offset, as S. 1660 on October 6. Since then, individual pieces of the American Jobs Act have been considered—and some provisions enacted—as freestanding...
Derivatives Legislation in the 112th Congress
In the wake of the 2008 financial crisis, amid the perception that the unregulated over-the-counter (OTC) derivatives market contributed to systemic risk, the Dodd-Frank Act (P.L. 111-203) sought to remake the OTC market in the image of the regulated futures exchanges. Reforms included a requirement that swap contracts be cleared through a clearinghouse regulated by one or more federal agencies. Clearinghouses require traders to put down cash (called initial margin) at the time they open a contract to cover potential losses, and they require subsequent deposits (called maintenance margin)...
The National Intelligence Council (NIC): Issues and Options for Congress
The National Intelligence Council (NIC), composed of some 18 senior analysts and national security policy experts, provides the U.S. intelligence community’s best judgments on crucial international issues. NIC members are appointed by the Director of National Intelligence and routinely support his office and the National Security Council. Congress occasionally requests that the NIC prepare specific estimates and other analytical products that may be used during consideration of legislation.
It is the purpose of this report to describe the statutory provisions that authorize the NIC,...
Tax Gap: Misclassification of Employees as Independent Contractors
The misclassification of employees as independent contractors contributes to the tax gap. Consequently, congressional interest has been expressed about the importance of the proper classification of workers. The Internal Revenue Service (IRS) defines the gross tax gap as the difference between the aggregate tax liability imposed by law for a given tax year and the amount of tax that taxpayers pay voluntarily and timely for that year.
A business owner must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. In...
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona’s S.B. 1070
On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. Potentially sweeping in effect, the measure requires state and local law enforcement officials to facilitate the detection of unauthorized aliens in their daily enforcement activities. The measure also establishes criminal penalties under state law, in addition to those already imposed under federal law, for alien smuggling offenses and failure to carry or complete alien registration documents. Further, it makes it a...
Monitoring and Verification in Arms Control
The United States and Russia signed a new START Treaty on April 8, 2010, and the treaty entered into force on February 5, 2011. Many analysts, both in the United States and Russia, supported negotiations on a new treaty so that the two sides could continue to implement parts of the complex monitoring and verification regime in the 1991 START Treaty. This regime was designed to build confidence in compliance with the START and to provide transparency and cooperation during the treaty’s implementation. The verification regime in the new START Treaty differs in some respects from the regime...
Transatlantic Regulatory Cooperation: Background and Analysis
Commercial ties between the United States and the 27-member European Union are substantial, growing, and mutually beneficial. However, differences in regulatory approaches limit an even more integrated marketplace from developing. To deal with this situation, a variety of government-to-government efforts have been created to dismantle existing regulatory barriers and to prevent new ones from emerging. These efforts fall under the rubric of transatlantic regulatory cooperation (TRC) and are at the heart of today’s U.S.-EU economic relationship.
This report is intended to serve as an...
Health Savings Accounts: Overview of Rules for 2012
Health Savings Accounts (HSAs) are one way people can pay for unreimbursed medical expenses (deductibles, copayments, and services not covered by insurance) on a tax-advantaged basis. HSAs can be established and funded by eligible individuals when they have a qualifying high-deductible health plan and no other health plan, with some exceptions. For 2012, the deductible for self-only coverage must be at least $1,200 (with an annual out-of-pocket limit not exceeding $6,050); the deductible for family coverage must be at least $2,400 (with an annual out-of-pocket limit not exceeding...
The Proposed AT&T/T-Mobile Merger: Would It Create a Virtuous Cycle or a Vicious Cycle?
In March 2011, AT&T announced an agreement to acquire T-Mobile USA (T-Mobile) from Deutsche Telekom for $25 billion in cash and $14 billion in AT&T stock, subject to the approval of the Department of Justice (DOJ) and the Federal Communications Commission (FCC). Post-merger, Deutsche Telekom (DT) would own approximately 8% of AT&T’s stock. AT&T is the second-largest mobile wireless service provider in the United States; T-Mobile is the fourth-largest. The combined company would be the largest mobile wireless service provider. Under the terms of the agreement, if the merger is not...
Intelligence Estimates: How Useful to Congress?
National Intelligence Estimates (NIEs) are often of considerable interest to many Members of Congress. They represent the most formal assessment of a given national security issue by the U.S. intelligence community. The intelligence process, however, is not an exact science and, on occasion, NIEs have proved unreliable because they were based on insufficient evidence or contained faulty analysis. This was demonstrated in the NIE produced in 2002 on Iraqi Weapons of Mass Destruction, parts of which were significantly inaccurate.
At best NIEs provide an in-depth understanding of a complex...
The National Counterterrorism Center (NCTC)—Responsibilities and Potential Congressional Concerns
The National Counterterrorism Center (NCTC) was established in 2004 to ensure that information from any source about potential terrorist acts against the U.S. could be made available to analysts and that appropriate responses could be planned. Investigations of the 9/11 attacks had demonstrated that information possessed by different agencies had not been shared and thus that disparate indications of the looming threat had not been connected and warning had not been provided. As a component of the Office of the Director of National Intelligence, the NCTC is composed of analysts with...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2003-2010
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2003-2010, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2003-2006, 2007-2010, and 2010 alone. In addition, the report provides data tables listing the total dollar...
State and Local Pension Plans and Fiscal Distress: A Legal Overview
Controversy has arisen over the funded status of some state and local government pension plans. It has been reported that several of these plans have not fully funded their future obligations and they could face substantial future shortfalls. While there is considerable debate over whether this is a problem that needs to be addressed, and if so, the extent and the possible causes of these shortfalls, some estimates have placed the combined unfunded liabilities anywhere from hundreds of billions of dollars to over $3 trillion. Governments facing investment losses combined with lower...
A 2008 Farm Bill Program Option: Average Crop Revenue Election (ACRE)
Farm commodity programs over the decades have focused on protecting farmers against declines in farm prices and not declines in revenue (price times production). Traditional programs for field crops provide benefits to producers when farm prices drop below specified levels. To help farmers manage their revenue risks, Congress included the Average Crop Revenue Election (ACRE) program in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246 or 2008 farm bill) as a revenue-based program option for farmers who enroll in traditional farm commodity programs for crop years 2009-2012....
Tax Gap: Should the 3% Withholding Requirement on Payments to Contractors by Government Be Repealed?
Director of National Intelligence Statutory Authorities: Status and Proposals
In passing the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) in 2004, Congress approved the most comprehensive reform of the U.S. intelligence community since it was created over 50 years ago. Principal among enacted changes was the establishment of a new position of the Director of National Intelligence (DNI) to serve as head of the intelligence community (IC) and principal adviser to the President on intelligence matters related to the national security and to oversee and direct the implementation of the National Intelligence Program.
Some observers have...
Army Corps Fiscal Challenges: Frequently Asked Questions
The Army Corps of Engineers is responsible for much of the federal water resources infrastructure in the United States. The Corps is faced with more demands for building and maintaining its projects than available federal funding allows. This situation is raising basic questions about how the Corps functions, including the efficacy, efficiency, and equity of Corps planning and implementation.
Corps fiscal challenges have multiple underlying causes. The Corps and its infrastructure is expected to help meet the nation’s increasing demands on water resources and the services they provide;...
A Whole-Farm Crop Disaster Program: Supplemental Revenue Assistance Payments (SURE)
In an effort to end the ad-hoc nature of emergency crop disaster assistance to farmers, Congress authorized a new Supplemental Revenue Assistance Payments Program (SURE) in the Food, Conservation, and Energy Act of 2008. The program provides payments to producers for crop revenue losses due to natural disaster or adverse weather incurred on or before September 30, 2011. Although program authority has expired, SURE is still making payments for losses that occurred prior to that date.
SURE essentially compensates eligible producers for a portion of losses that are not eligible for an...
The Role of HUD Housing Programs in Response to Hurricane Katrina
The catastrophic devastation wrought by Hurricane Katrina in late August 2005, and to a lesser degree, Hurricanes Wilma and Rita, led to the displacement of hundreds of thousands of families. Following the storm, the Federal Emergency Management Agency (FEMA) took primary responsibility for meeting the emergency housing needs of displaced families. The Department of Housing and Urban Development (HUD), the nation’s housing agency, also played a role. HUD modified its existing grant programs—primarily through waivers—to make them more flexible for communities wishing to serve displaced...
National Infrastructure Bank: Overview and Current Legislation
Several bills to establish a national infrastructure bank have been introduced in the 112th Congress. This report examines three such bills, the Building and Upgrading Infrastructure for Long-Term Development Act (S. 652), the American Infrastructure Investment Fund Act of 2011 (S. 936), and the National Infrastructure Development Bank Act of 2011 (H.R. 402). These proposals share three main goals:
increasing total investment in infrastructure by encouraging new investment from nonfederal sources;
improving project selection by insulating decisions from political influence;...
Congress as a Consumer of Intelligence Information
This report examines the role of Congress as a consumer of national intelligence and examines several issues that Congress might address during the second session of the 112th Congress.
The President, by virtue of his role as commander-in-chief and head of the executive branch, has access to all national intelligence collected, analyzed and produced by the Intelligence Community. By definition, the President, the Vice President, and certain Cabinet-level officials, have access to a greater overall volume of intelligence and to sensitive intelligence information than do members of the...
Russia’s December 2011 Legislative Election: Outcome and Implications
Challenges to Russia’s democratic development have long been of concern to Congress as it has considered the course of U.S.-Russia cooperation on matters of mutual strategic interest and as it has monitored problematic human rights cases. Most recently, elections for the 450-member Russian State Duma (lower legislative chamber) on December 4, 2011, have heightened concerns among some Members of Congress about whether Russia can be an enduring and reliable partner in international relations if it does not uphold human rights and the rule of law.
In the run-up to the December 2011 State...
The Trans-Pacific Partnership Agreement
At the Asia-Pacific Economic Cooperation Forum (APEC) in November 2011, the leaders of the United States, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, and Vietnam announced the broad outlines of a Trans-Pacific Partnership (TPP) agreement, which the parties hope to complete in 2012. If enacted the TPP would eliminate 11,000 tariff lines among the parties and, with 26 chapters under negotiation, potentially it could serve as a template for future trade pact among the APEC states. At the same venue the leaders of Japan, Canada, and Mexico announced that they would seek...
Consumer Bankruptcy and Household Debt
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA; P.L. 109-8) included the most significant amendments to consumer bankruptcy procedures since the 1970s. Bankruptcy reform was enacted in response to the high number of consumer bankruptcy filings, which in 2004 and 2005 reached five times the level of the early 1980s. Why did filings increase so dramatically during a period that included two of the longest economic expansions in U.S. history? Because bankruptcy is by definition a condition of excessive debt, many would expect to see a corresponding increase in the...
Contested Election Cases in the House of Representatives: 1933 to 2011
From 1933 to 2011 (the 73rd Congress through the 112th Congress), the U.S. House of Representatives considered 107 contested election cases. The vast majority of these cases were resolved in favor of the contestee, a term referring to a Member or Member-elect of the House of Representatives whose election was challenged. The term contestant refers to an individual who challenged the election of a Member-elect of the House of Representatives.
It appears that of the 107 contested election cases considered by the House since 1933, in at least three cases, the House ultimately seated the...
Department of Housing and Urban Development (HUD): FY2012 Appropriations
The President’s FY2012 budget was released on February 14, 2011. It included a request for nearly $47.9 billion in gross new appropriations for HUD in FY2012. After accounting for rescissions of prior-year unobligated balances and offsets available from the Federal Housing Administration (FHA) mortgage insurance programs, the President’s request for net new budget authority for HUD in FY2012 totaled just over $42 billion. The President’s budget, which was released prior to enactment of a final FY2011 appropriations law, included proposals for some funding increases relative to FY2010...
Federal Building, Courthouse, and Facility Security
The security of federal government buildings and court facilities affects not only the daily operations of the federal government but also the health, well-being, and safety of federal employees and the public.
Early in the 112th Congress, legislation was introduced in the House of Representatives and Senate to improve the Federal Protective Service (FPS), the agency charged with responsibility to protect federal buildings, the employees who work in the buildings, and public visitors. On January 5, 2011, H.R. 176, the Federal Protective Service Improvement and Accountability Act of 2011,...
Patent Reform: Issues in the Biomedical and Software Industries
The Leahy-Smith America Invents Act, P.L. 112-29, passed Congress following several years of legislative debate over patent reform. This attention to patent policy reflects a recognition of the increasing importance of intellectual property to U.S. innovation. Patent ownership is perceived as an incentive to the technological advancement that leads to economic growth. As such, the number of patent applications and grants has grown significantly, as have the type and breadth of inventions that can be patented.
Along with the expansion in the number and range of patents, there were growing...
Anaerobic Digestion: Greenhouse Gas Emission Reduction and Energy Generation
Anaerobic digestion technology may help to address two congressional concerns that have some measure of interdependence: development of clean energy sources and reduction of greenhouse gas emissions. Anaerobic digestion technology breaks down a feedstock—usually manure from livestock operations—to produce a variety of outputs including methane. An anaerobic digestion system may reduce greenhouse gas emissions because it captures the methane from manure that might otherwise be released into the atmosphere as a potent greenhouse gas. The technology may contribute to the development of clean...
Reasons for the Decline in Corporate Tax Revenues
Corporate tax revenues have declined over the last six decades. In the post-World War II era, corporate tax revenue as a percentage of gross domestic product (GDP) peaked in 1952 at 6.1%. Today, the corporate tax generates revenue equal to approximately 1.3% of GDP. The corporate tax has also decreased in importance relative to other revenue sources. At its post-WWII peak in 1952, the corporate tax generated 32.1% of all federal tax revenue. In that same year the individual tax accounted for 42.2% of federal revenue, and the payroll tax accounted for 9.7% of revenue. Today, the corporate...
Detainee Provisions in the National Defense Authorization Bills
The House and Senate bills competing to become the National Defense Authorization Act for FY2012 contain a subtitle addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and more broadly, hostilities against Al Qaeda and other entities. At the heart of both bills’ detainee provisions appears to be an effort to confirm or, as some observers view it, expand the detention authority that Congress implicitly granted the President via the Authorization for Use of Military Force (AUMF, P.L. 107-40) in the aftermath of the terrorist attacks of September 11,...
Commerce, Justice, Science, and Related Agencies: FY2012 Appropriations
This report provides an overview of actions taken by Congress to provide FY2012 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts.
On November 18, 2011, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2012 (P.L. 112-55), which includes the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Division B). The act includes $60.91 billion for CJS, of which $7.808 billion is for the Department of Commerce, $27.408 billion is for the Department of Justice, $24.838 billion is for the science...
Wild Horses and Burros: Issues and Proposals
The Wild Free-Roaming Horses and Burros Act of 1971 (the 1971 Act) protects wild horses and burros on federal lands, and places them under the jurisdiction of the Bureau of Land Management (BLM) and the Forest Service (FS). Under the 1971 Act, the agencies are to inventory horse and burro populations on federal land to determine appropriate management levels (AMLs). They are authorized to remove animals exceeding the range’s carrying capacity. First, the agencies are to destroy “old, sick, or lame animals” by the most humane means available. Second, they are to remove healthy animals for...
The Technology Innovation Program
The Technology Innovation Program (TIP) at the National Institute of Standards and Technology (NIST) was established in 2007 to replace the Advanced Technology Program (ATP). This effort was designed “to support, promote, and accelerate innovation in the United States through high-risk, high-reward research in areas of critical national need,” according to the authorizing legislation. Grants were provided to small and medium-sized firms for individual projects or joint ventures with other research organizations.
While similar to the Advanced Technology Program in the promotion of R&D that...
Gases other than carbon dioxide accounted for approximately 17% of total U.S. greenhouse gas emissions in 2009, yet there has been minimal discussion of these other greenhouse gases in climate and energy legislative initiatives. Reducing emissions from non-carbon dioxide greenhouse gases, such as nitrous oxide (N2O), could deliver short-term climate change mitigation results as part of a comprehensive policy approach to combat climate change.
Nitrous oxide is 310 times more potent than carbon dioxide in its ability to affect the climate; and moreover, results of a recent scientific study...
Iraq Casualties: U.S. Military Forces and Iraqi Civilians, Police, and Security Forces
This report presents U.S. military casualties in Operation Iraqi Freedom (OIF) and Operation New Dawn (OND) as well as governmental and nongovernmental estimates of Iraqi civilian, police, and security forces casualties.
For several years, there were few estimates from any national or international government source regarding Iraqi civilian, police, and security forces casualties. Now, however, United Nations Assistance Mission for Iraq (UNAMI) is reporting civilian casualty estimates. In addition, several Iraqi ministries have released monthly or total casualty statistics.
Nongovernmental...
The Environmental Protection Agency (EPA) and other federal departments and agencies funded within the Interior, Environment, and Related Agencies Appropriations bill are currently operating under a continuing resolution (P.L. 112-55), which runs through December 16, 2011, while the debate over FY2012 appropriations continues. In July 2011, the House Appropriations Committee reported H.R. 2584 (H.Rept. 112-151) with $27.52 billion in appropriations for FY2012 for Interior, Environment, and Related Agencies. Title II of H.R. 2584, as reported, would provide a total of $7.15 billion for EPA,...
REINS Act: Number and Types of “Major Rules” in Recent Years
Under the Congressional Review Act (CRA, 5 U.S.C. §§801-808), a covered agency regulation takes effect as provided by law unless Congress disapproves the rule with a joint resolution of disapproval. In contrast, the Regulations from the Executive In Need of Scrutiny (REINS) Act (H.R. 10 and S. 299, 112th Congress) would (if enacted) generally require the enactment of a joint resolution of approval before any “major rule” could take effect (e.g., rules that are expected to have a $100 million annual impact on the economy). The REINS Act was reported by the House Committee on the Judiciary...
Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress
Technological developments related to the Internet benefit consumers who want convenient ways to view and hear information and entertainment content on a variety of electronic devices. New technologies offer the potential to help copyright holders promote their creative works for artistic, educational, and commercial reasons. However, new technologies may increase the risk of infringement of the copyright holders’ rights because they often provide faster, cheaper, and easier means of engaging in unauthorized reproduction, distribution, and public performance of copyrighted works than...
Tax Provisions Expiring in 2011 and “Tax Extenders”
A number of temporary tax provisions are scheduled to expire at the end of 2011. Notably, the temporary two-percentage-point reduction in the payroll tax rate for individuals enacted at the end of 2010 was enacted as a one-year temporary provision. Other provisions scheduled to expire at the end of 2011 include the Alternative Minimum Tax (AMT) “patch,” as well as a number of previously extended temporary provisions known as “tax extenders.”
This report provides a concise overview of tax provisions scheduled to expire at the end of 2011. Table 1 below lists all provisions scheduled to...
Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law
This report will briefly survey Fourth Amendment law as it pertains to the government's tracking programs. It will then summarize federal electronic surveillance statutes and the case law surrounding cell phone location tracking. Next, the report will describe the GPS-vehicle tracking cases and review the pending Supreme Court GPS tracking case, United States v. Jones. Finally, the report will summarize the geolocation and electronic surveillance legislation introduced in the 112th Congress.
Veterans Benefits: Federal Employment Assistance
There are federal employment and training programs and policies specifically targeted to help veterans seeking employment in the civilian economy. Transition assistance programs are operated by the Department of Defense (DOD), the Department of Veterans Affairs (VA), and the Department of Labor (DOL) to assist servicemembers as they prepare to leave the military. DOL operates grant programs to states to provide outreach and assistance to veterans in finding civilian employment. In addition, the federal government has policies (including veterans preference) that assist veterans in...
The EU-South Korea Free Trade Agreement and Its Implications for the United States
On October 6, 2010, the 27-member European Union (EU) and South Korea signed a bilateral free trade agreement (FTA). The South Korean National Assembly and the EU Parliament have ratified the agreement. The agreement went into effect on July 1, 2011. The South Korea-EU FTA (KOREU FTA) is the largest FTA in terms of market size that South Korea has entered into. The KOREU FTA reflects the EU and South Korean trade strategies to use FTAs to strengthen economic ties outside their home regions. It also builds upon the surge in trade and investment flows between South Korea and the EU over the...
Proposals to Reform Fannie Mae and Freddie Mac in the 112th Congress
As households and taxpayers, Americans have a large stake in the future of Fannie Mae and Freddie Mac. Homeowners and potential homeowners indirectly depend on Fannie Mae and Freddie Mac, which in recent years backed and guaranteed home loans accounting for nearly half of the outstanding home mortgages in the nation.
Taxpayers have a large investment in Fannie Mae and Freddie Mac. The Department of the Treasury kept the two insolvent companies in business by providing more than $175 billion in support. Based on past performance, it is not clear how the enterprises will be able to repay...
Congressional Lawmaking: A Perspective On Secrecy and Transparency
Openness is fundamental to representative government. Yet the congressional process is replete with activities and actions that are private and not observable by the public. How to distinguish reasonable legislative secrecy from impractical transparency is a topic that produces disagreement on Capitol Hill and elsewhere. Why? Because lawmaking is critical to the governance of the nation. Scores of people in the attentive public want to observe and learn about congressional proceedings.
Yet secrecy is an ever-present part of much legislative policymaking; however, secrecy and transparency...
Medicaid and CHIP Maintenance of Effort (MOE): Requirements and Responses
State revenues declined during the recent economic recession (December 2007 through June 2009) and have not fully recovered. At the same time, the recession increased the number of individuals meeting Medicaid’s income eligibility standards. States are faced with tough decisions about where to direct their increasingly limited funds.
This state fiscal condition is a reason the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5; and subsequently extended in P.L. 111-226) included a temporary increase to Federal Medical Assistance Percentage (FMAP) rates. As a condition of the...
The Budget Control Act of 2011: Effects on Spending Levels and the Budget Deficit
This report focuses on how the Budget Control Act of 2011 (BCA) will affect spending and the budget deficit through the "first round" effects, related to discretionary spending caps and student loan provisions, and the "second round" effects of additional deficit reduction, related to the work of the Joint Committee. The report also examines short and long run effects of deficit reduction on the economy.
Boosting U.S. Exports: Selected Issues for Congress
For many years, the U.S. government has played an active role in promoting U.S. commercial exports of goods and services by administering various forms of export assistance through federal government agencies. Congress has had a long-standing interest in the effectiveness and efficiency of federal export promotion activities and may exercise export promotion authority in a number of ways, including through oversight, authorization, and funding roles.
The recent global economic downturn has renewed congressional interest in U.S. government efforts to expand U.S. exports levels. In addition,...
Cuba’s Offshore Oil Development: Background and U.S. Policy Considerations
Cuba is moving toward development of its offshore oil resources. While the country has proven oil reserves of just 0.1 billion barrels, the U.S. Geological Survey estimates that offshore reserves in the North Cuba Basin could contain an additional 4.6 billion barrels of undiscovered technically recoverable crude oil. The Spanish oil company Repsol, in a consortium with Norway’s Statoil and India’s Oil and Natural Gas Corporation, is expected to begin offshore exploratory drilling in early 2012, and several other companies are considering such drilling. At present, Cuba has six offshore...
Brazil’s WTO Case Against the U.S. Cotton Program
The so-called “Brazil cotton case” is a long-running World Trade Organization (WTO) dispute settlement case (DS267) initiated by Brazil—a major cotton export competitor—in 2002 against specific provisions of the U.S. cotton program. In September 2004, a WTO dispute settlement panel found that certain U.S. agricultural support payments and guarantees—including (1) payments to cotton producers under the marketing loan and counter-cyclical programs, and (2) export credit guarantees under the GSM-102 program—were inconsistent with WTO commitments. In 2005, the United States made several...
Emergency Funding for Agriculture: A Brief History of Supplemental Appropriations, FY1989-FY2012
From FY1989 through FY2012 (to date), 42 appropriations, authorization, or farm disaster acts added approximately $70.0 billion in supplemental funding for U.S. Department of Agriculture (USDA) programs (excluding the Forest Service, which is funded annually under the Interior appropriations bill). Approximately $51.1 billion, or just under three-fourths of the total amount, was provided since FY2000.
Since FY1989, a large portion ($44 billion) of the total supplemental funding has been paid directly to farmers, primarily through two mechanisms: “market loss payments” ($21.7 billion,...
Following the Supreme Court’s January 21, 2010, ruling in Citizens United v. Federal Election Commission, questions have emerged about which policy options could be available to Congress. This report provides an overview of selected campaign finance policy options that may be relevant. It also briefly comments on how Citizens United might affect political advertising. A complete understanding of how Citizens United will affect the campaign and policy environments is likely to be unavailable until at least the conclusion of the 2010 election cycle.
As Congress considers legislative...
International Climate Change: What to Expect at the Durban Conference, December 2011
Delegations from more than 190 countries and regions meet from November 28 to December 9, 2011, in Durban, South Africa, to continue discussions of how to address climate change under the United Nations Framework Convention on Climate Change (UNFCCC). The year 2012 will mark both the 20th anniversary of the opening for signature of the UNFCCC in Rio de Janeiro in 1992 and the end of the first “commitment period” (2008-2012) of the UNFCCC’s subsidiary Kyoto Protocol.
In 2010, the Conference of the Parties (COP) to the UNFCCC adopted a set of decisions referred to as the “Cancun...
Olmstead v. L.C.: Judicial and Legislative Developments in the Law of Deinstitutionalization
The Supreme Court ruled in Olmstead v. L.C., 527 U.S. 581 (1999), that, under Title II of the Americans with Disabilities Act (ADA) and its implementing regulations, states must transfer individuals with mental disabilities into non-institutional settings when: a state treatment professional has determined such an environment is appropriate; the community placement is not opposed by the individual with a disability; and the placement can be reasonably accommodated. In subsequent litigation, appellate courts have (1) rejected interpretations of Olmstead that would make it more difficult to...
Federal Laws and Legislation on Carrying Concealed Firearms: An Overview
Whether an individual is permitted to carry a concealed firearm is a matter traditionally regulated by the states. State laws vary with respect to eligibility requirements to obtain a concealed carry permit (CCP). A majority of states, known as “shall-issue” jurisdictions, require the issuing authority to issue a CCP to an applicant so long as he or she meets certain statutory requirements. Another handful of states, known as “may-issue” jurisdictions, grant the issuing authority discretion to issue a CCP upon a finding of proper cause, or upon the applicant demonstrating good character....
A Federal Sunset Commission: Review of Proposals and Actions
The sunset concept provides for programs and agencies to terminate automatically on a periodic basis unless explicitly renewed by law. Beginning in the 107th Congress, Representative Kevin Brady introduced a series of bills to create a federal sunset commission, modeled on the sunset review process in Texas (including most recently H.R. 393 in the 111th Congress).
Former President George W. Bush called for creation of a federal sunset commission in his FY2006 budget submission. Bills reflecting an Office of Management and Budget (OMB) draft proposal were introduced in the 109th Congress,...
Military Retirement Reform: A Review of Proposals and Options for Congress
Few military subjects have generated as much interest or commentary as the military retirement system and efforts to reform the system have been many. Heightened concern over the national debt crisis, the economic recession, and stubbornly high unemployment has resulted in renewed congressional interest in the cost and effectiveness of the system. This report reviews various reform proposals and presents several potential options for Congress, ranging from maintaining the current system to a national commission to review military compensation, benefits, and retirement.
The military...
The Uninsured by State and Congressional District, 2010
The total U.S. civilian non-institutionalized population in 2010 was estimated to be slightly more than 304 million, of whom 15.5%, or 47.2 million, were estimated by the American Community Survey to be without health insurance or uninsured. The uninsured are far more likely than those with health insurance to report problems getting needed medical care, less likely to follow recommended treatments because of costs, have less access to care, receive less preventive care, and are more likely to be hospitalized for avoidable health problems. Moreover, it is widely believed that the...
This report describes current law for the Public Debt Reduction Fund and discusses proposed legislation in order to evaluate four bills which have been introduced in the 112th Congress to add another method of making a contribution to reduce the national debt.
Europe’s Preferential Trade Agreements: Status, Content, and Implications
Preferential trade agreements (PTAs) comprise a variety of arrangements that favor member parties over nonmembers by extending tariff and other nontariff preferences. PTAs, particularly free trade agreements (FTAs), have proliferated in recent years. In the post-war period, the European Union (EU), which is a PTA itself, has developed the largest network of PTAs in the world. The main findings of this report are as follows.
Historically, Europe’s PTAs have differed among its partners in terms of provisions and commitments and they have been characterized by relatively modest ambition in...
Wartime Contracting in Afghanistan: Analysis and Issues for Congress
Government contracting in Afghanistan and other wartime environments is different than contracting in peacetime. In peacetime, the goal of contracting is generally to obtain the good or service that is required. The measurements of success are generally getting the right good or service, on schedule, and at a fair price. In wartime, however—and particularly in a counterinsurgency environment—cost, schedule, and performance are often secondary to larger strategic goals of promoting security and denying popular support for the insurgency.
From FY2005 through 2011, the U.S. government...
Finance and the Economy: Occupy Wall Street in Historical Perspective
Wall Street and Main Street—the financial system and the real economy of goods and services—are bound together. If businesses large and small had to fund investment projects out of their own pockets, society would be significantly poorer. The financial system aggregates the savings of millions of households and allocates them to the most productive uses. The importance and value of this function are almost universally acknowledged and are axiomatic in market economics.
Nevertheless, the benefits of certain forms of financial intermediation to the real economy are not always apparent....
Department of Transportation Budget FY2012
President Obama submitted his requested budget for the Department of Transportation (DOT) for FY2012 to Congress on Monday, February 14, 2011. The President requested $129 billion in total budget authority. This was an increase of $50 billion (63%) over the $79 billion requested for FY2011, and of $52 billion (68%) over the $77 billion in budget resources provided by Congress in FY2010.
The sizeable increase in the FY2012 request compared to previous years was almost entirely due to the request for a one-time $50 billion “jump start” appropriation for surface transportation programs on top...
Federal Research and Development Funding at Historically Black Colleges and Universities
The historically black colleges and universities (HBCUs), which have traditionally educated a significant number of the nation’s blacks, have faced, and continue to face, substantial challenges in attempting to enhance their academic and research capabilities. Some of these institutions have a myriad of problems—aging infrastructures, limited access to digital and wireless networking technology, absence of state-of-the-art equipment, low salary structures, small endowments, and limited funds for faculty development and new academic programs for students. While many of these problems exist...
The Freedom of Information Act (FOIA; 5 U.S.C. §552) grants the public presumptive access—without explanation or justification—to certain existing, identifiable, unpublished, executive branch agency records. FOIA includes nine categories of exemption from disclosure, including information that could prompt national security concerns, invade privacy, or damage financial markets, among other concerns. Disputes over the accessibility of requested records can be appealed administratively or ultimately settled in court.
Fannie Mae and Freddie Mac are congressionally chartered, stockholder-owned...
Government Access to Phone Calling Activity and Related Records: Legal Authorities
Public interest in the means by which the government may collect telephone call records has been raised by revelations in recent years regarding alleged intelligence activity by the National Security Agency (NSA) and the Federal Bureau of Investigation (FBI). According to a USA Today article from May 11, 2006, the NSA allegedly sought and obtained records of telephone numbers called and received from millions of telephones within the United States from three telephone service providers; a fourth reportedly refused to provide such records. Additionally, a series of reports issued by the...
Congress created the Section 1603 grant program as part of the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5). This program, administered by the U.S. Department of the Treasury, provides cash grant incentives for renewable energy projects. Initially, the Section 1603 grant program was scheduled to expire at the end of 2010. A one-year extension was enacted as part of the Tax Relief, Unemployment Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) at an estimated cost of $3 billion. Absent congressional action, the Section 1603 grant program will expire at the...
Even before passage of the Endangered Species Act (ESA), federal law protected the wolf, which was nearly eradicated in the lower 48 states by the mid-1900s. Following ESA enactment, the U.S. Fish and Wildlife Service (FWS) placed four gray wolf subspecies—the eastern timber wolf, the Mexican wolf, the Texas gray wolf, and the northern Rocky Mountain wolf—on the first ESA list of endangered species. In 1978, FWS replaced the subspecies listings by listing the gray wolf species (Canis lupus) as endangered in all of the conterminous 48 states except Minnesota, where FWS listed it as...
Lobbying the Executive Branch: Current Practices and Options for Change
Under the Lobbying Disclosure Act (LDA) of 1995, as amended, individuals are required to register with the Clerk of the House of Representatives and the Secretary of the Senate if they lobby either legislative or executive branch officials. In January 2009, Secretary of the Treasury Timothy Geithner placed further restrictions on the ability of lobbyists to contact executive branch officials responsible for dispersing Emergency Economic Stabilization Act (EESA, P.L. 110-343) funds. Subsequently, President Barack Obama and Peter Orszag, Director of the Office of Management and Budget (OMB),...
The Arsenal Act: Context and Legislative History
The Arsenal Act (10 U.S.C. §4532) requires the Secretary of the Army to have all supplies needed by the Army to be made in government-owned factories or arsenals if this can be accomplished “on an economical basis.” It also grants the Secretary the authority to “abolish any United States arsenal that he considers unnecessary.” This broad mandate, and even broader authority, has lead some observers to question whether the Department of the Army is abiding by either the spirit or the letter of the law in awarding development and procurement contracts. Others have expressed concern that the...
Regulatory Incentives for Electricity Transmission—Issues and Cost Concerns
Following the August 14, 2003, electric grid blackout which affected large portions of the Northeast United States and Ontario, Canada, Congress acted to promote investment in the nation’s electrical grid to increase the system’s capacity and efficiency. Inadequacies of an antiquated transmission system were blamed for the 2003 blackout. The Energy Policy Act of 2005 (P.L. 109-58) (EPACT) directed the Federal Energy Regulatory Commission (FERC) to hold a rulemaking on incentive rates for construction of critical electric transmission infrastructure “for the purpose of benefitting consumers...
Dairy Farm Support: Legislative Proposals in the 112th Congress
The question of how federal policies deal with financial stress encountered by dairy farmers has led many in Congress to reconsider federal policy for supporting them. In the 112th Congress, several Members have introduced legislation for alternatives to current federal programs, which expire in 2012. Proposed dairy legislation has the potential to eliminate some dairy programs, modify others, or replace them with a new approach to dairy farm support.
The Dairy Security Act of 2011 (H.R. 3062, Peterson et al.) would replace current dairy product price supports and the income support...
Zimbabwe: The Transitional Government and Implications for U.S. Policy
The U.S. government, which has expressed concerns regarding the rule of law in Zimbabwe for over a decade and which has long been critical of President Robert Mugabe, has been cautious in its engagement with the country’s three-year-old power-sharing government. That government, which includes members of the former opposition, has improved economic and humanitarian conditions during its ongoing transitional rule. However, significant concerns about the country’s political future remain. Zimbabwe’s March 2008 elections resulted in the party of long-serving President Mugabe losing its...
Solar Projects: DOE Section 1705 Loan Guarantees
Solyndra Photovoltaics PV CPV Solar Loan guarantee Section 1705 Department of Energy DOE CPV bankruptcy
Market Dynamics That May Have Contributed to Solyndra’s Bankruptcy
Solyndra Solar Loan guarantee Section 1705 solar modules polysilicon photovoltaics PV DOE subsidies bankruptcy
The Asia-Pacific Economic Cooperation (APEC) Meetings in Honolulu: A Preview
The United States will host the Asia-Pacific Economic Cooperation’s (APEC’s) 19th Economic Leaders’ Meeting in Honolulu, HI, on November 12 & 13, 2011. APEC was founded in 1989 to facilitate trade and investment liberalization in the Asia-Pacific region. During the four days prior to the Economic Leaders’ Meeting, APEC will hold the fourth Senior Officials Meeting for 2011, the Finance Ministers Meeting, and the APEC Ministerial Meeting. President Barack Obama, Secretary of State Hillary Clinton, Secretary of the Treasury Timothy Geithner, and U.S Trade Representative Ron Kirk are expected...
Universal Service Fund: Background and Options for Reform
The concept that all Americans should be able to afford access to the telecommunications network, commonly called the “universal service concept” can trace its origins back to the 1934 Communications Act. Since then, the preservation and advancement of universal service has been a basic tenet of federal communications policy, and Congress has historically played an active role in helping to preserve and advance universal service goals. The passage of the Telecommunications Act of 1996 (P.L. 104-104) not only codified the universal service concept, but also led to the establishment, in...
Palestinian Initiatives for 2011 at the United Nations
Many Members of Congress are actively interested in the question of possible U.N. action on Palestinian statehood. Congress could try to influence U.S. policy and the choices of other actors through the authorization and appropriation of foreign assistance to the Palestinians, the United Nations, and Israel and through oversight of the Obama Administration’s diplomatic efforts. Changes to aid levels may depend on congressional views of how maintaining or changing aid levels could affect U.S. leverage and credibility in future regional and global contexts.
Officials from the Palestine...
Presidential Policy Directive 8: National Preparedness (PPD-8) was signed and released by President Barack Obama on March 30, 2011. PPD-8 and its component policies intend to guide how the nation, from the federal level to private citizens, can “prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation.” These threats include terrorist acts, natural disasters, and other man-made incidents. PPD-8 evolves from, and supersedes, Homeland Security Presidential Directive 8, which was released under...
Health Insurance Coverage by State and Congressional District, 2010
The total U.S. civilian non-institutionalized population in 2010 was estimated to be slightly more than 304 million. Roughly 84.5% of the U.S. civilian non-institutionalized population had one or more forms of health insurance, while 15.5%, or roughly 47.2 million, were uninsured. The most common form of insurance was employer provided.
This report employs the U.S. Census Bureau’s 2010 American Community Survey (ACS) to describe health insurance coverage and provide estimates of coverage by type of coverage at the national, state, and congressional district level. The ACS survey has a...
Fiscal Impacts of the Foreign-Born Population
This report reviews estimates of fiscal impacts to the federal, state, and local governments of the foreign born who reside in the United States. It examines the academic and policy literature on fiscal impacts of two populations: all U.S. foreign born and unauthorized aliens. Computing such fiscal impacts involves numerous methodological and conceptual challenges, and resulting estimates vary considerably according to the assumptions used, including those about the time frame considered, the treatment of U.S.-born children, the unit of analysis used, and which costs and revenues are...
Navy F/A-18E/F and EA-18G Aircraft Program
The Navy’s proposed FY2012 budget requests about $2.4 billion for the procurement of 28 F/A-18E/F Super Hornet strike fighters and about $1.1 billion for the procurement of 12 EA-18G Growler electronic attack aircraft. The F-18s will be procured under a multiyear procurement contract approved by Congress in FY2011.
FY2012 defense authorization bill:
The House Armed Services Committee funded the F-18 program at the requested level. The Senate Armed Services Committee cut $495 million and nine aircraft from the request for F/A-18E/Fs, citing Navy projections that the fighter shortfall would...
EPA’s Proposal to Regulate Coal Combustion Waste Disposal: Issues for Congress
Coal combustion waste (CCW) is inorganic material that remains after pulverized coal is burned for electricity production. A tremendous amount of the material is generated each year—industry estimates that approximately 135 million tons were generated in 2009. On December 22, 2008, national attention was turned to issues regarding the waste when a breach in an impoundment pond at the Tennessee Valley Authority’s (TVA’s) Kingston, TN, power plant released 1.1 billion gallons of coal ash slurry. The cleanup cost has been estimated to reach $1.2 billion.
While the incident at Kingston drew...
The National Childhood Vaccine Injury Act and Preemption: An Overview of Bruesewitz v. Wyeth
While recent scientific publications have declared that there appears to be no link between immunizations and autism or other serious medical problems, a recent Journal of Pediatrics survey of parents with children between the ages of six months and six years old reveals that about 13% of parents used a vaccination plan that varied from the Centers for Disease Control and Prevention-recommended schedule, because of concerns that receiving multiple vaccinations in a short span of time is less safe than delaying certain vaccines. Whether parents follow the government-recommended schedule or...
Agriculture in Pending U.S. Free Trade Agreements with South Korea, Colombia, and Panama
This report discusses pending U.S. free trade agreements (FTAs) with South Korea, Colombia, and Panama. The bills to implement these agreements will now be debated under trade promotion authority, or fast-track rules, designed to expedite congressional consideration. The report includes an overview of agricultural issues regarding FTAs and pending FTA partners, as well as a closer breakdown of the specific issues for each of the countries.
The Helium-3 Shortage: Supply, Demand, and Options for Congress
The world is experiencing a shortage of helium-3, a rare isotope of helium with applications in homeland security, national security, medicine, industry, and science. For many years the supply of helium-3 from the nuclear weapons program outstripped the demand for helium-3. The demand was small enough that a substantial stockpile of helium-3 accumulated. After the terrorist attacks of September 11, 2001, the federal government began deploying neutron detectors at the U.S. border to help secure the nation against smuggled nuclear and radiological material. The deployment of this equipment...
Child Welfare: The Child and Family Services Improvement and Innovation Act (P.L. 112-34)
The Child and Family Services Improvement and Innovation Act (P.L. 112-34) extends funding authorization for the Stephanie Tubbs Jones Child Welfare Services Program and the Promoting Safe and Stable Families Program for five years (FY2012-FY2016). The programs are authorized under Title IV-B of the Social Security Act and received combined funding of $709 million in FY2011. They both had funding authorizations that, absent legislative action, would have expired on September 30, 2011. Further, P.L. 112-34 renews authority for the U.S. Department of Health and Human Services (HHS) to grant...
On September 12, 2011, the Office of Federal Procurement Policy (OFPP) within the Office of Management and Budget (OMB) issued its final policy letter on Performance of Inherently Governmental and Critical Functions. The policy letter is to guide executive branch agencies in (1) identifying inherently governmental and critical functions; (2) ensuring that only federal employees perform inherently governmental functions or work that “otherwise needs to be reserved to the public sector;” and (3) managing functions that are closely associated with inherently governmental functions and...
Deepwater Horizon Oil Spill: The Fate of the Oil
The April 20, 2010, explosion of the Deepwater Horizon offshore drilling rig led to the largest oil spill in U.S. waters. Federal government officials estimated that the deepwater well ultimately released (over 84 days) over 200 million gallons (or 4.9 million barrels) of crude oil. Although decreasing amounts of oil were observed on the ocean surface following the well’s containment on July 15, 2010, oil spill response officials and researchers have found oil in other places. A pressing question that has been raised by many stakeholders is where did the oil go?
On August 4, 2010, the...
Proxy Access Reform: The SEC Makes It Potentially Easier for Shareholders to Nominate Directors
In response to the financial crisis, the Dodd-Frank Wall Street Reform and Consumer Protections Act (P.L. 111-203) overhauled the nation’s financial sector regulation. The 112th Congress is actively involved in overseeing the act’s implementation, including provisions involving corporate governance such as expanding the role played by shareholders in the selection of public company corporate boards. While some regarded this as a change that would help make boards more sensitive to market developments and thus shareholder interests, others see it as a change that would place too much...
There is a growing consensus among many practitioners and scholars, across the political spectrum, broadly in favor of reforming the U.S. government interagency system to encourage a more effective application of all elements of national power. The reform debates have included proposals and initiatives to establish and foster an interagency community of national security professionals (NSPs) from all relevant departments and agencies. According to proponents, NSPs, through participating in activities that might include shared educational and training opportunities, and rotational tours in...
The practice of writing “Dear Colleague” letters—official written correspondence from one Member, committee, or office to other Members, committees, or offices—dates back to at least the 1800s. Yet until recently, it was almost impossible to track the volume or purpose of “Dear Colleague” letters because a centralized, searchable system did not exist. The creation of the web-based e-“Dear Colleague” system has made it possible to systematically examine “Dear Colleague” letters, thereby offering a clearer understanding of what are largely, but not exclusively, intra-chamber...
This report discusses Rothe Development Corporation v. Department of Defense, a case involving a constitutional challenge to a minority contracting program authorized under Section 1207 of the Department of Defense (DOD) Authorization Act of 1987. This program allowed DOD to take 10% off the price of offers submitted by “small disadvantaged businesses” in determining which offer had the lowest price or represented the best value for the government. Section 1207 also incorporated a presumption that minorities are socially and economically disadvantaged.
On November 4, 2008, the U.S. Court...
Conventional Arms Transfers to Developing Nations, 2003-2010
This report is prepared annually to provide Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all suppliers, but the principal focus is the level of arms transfers by major weapons suppliers to nations...
Issues in Homeland Security Policy for the 112th Congress
With the tenth anniversary of the September 11th terrorist attacks, many observers are making a fresh assessment of where America’s homeland security enterprise stands today. In the wake of those attacks, Congress made extensive changes to the structure and function of many agencies, establishing a consolidated Department of Homeland Security and dedicating significant additional resources expressly to the security of the homeland. After the initial surge of activity, evolution of America’s response has continued under the leadership of different Administrations, Congresses, and in a...
The Role of Public Works Infrastructure in Economic Recovery
During the recent recession, policymakers took a number of monetary and fiscal policy actions to stimulate the economy. Notably, Congress enacted the American Recovery and Reinvestment Act (ARRA) that provided increases in federal spending and reduction in taxes in order to increase demand for goods and services. However, as the economy is only slowly emerging from the recession, interest in using federal government spending to boost U.S. economic recovery has again intensified. There is widespread desire to accelerate job creation and economic recovery, although consensus on how to do so...
Tests and Testing Accommodations Under the Americans with Disabilities Act (ADA)
Tests and examinations are widely used to decide whether a person is qualified to take up a particular occupation, advance professionally, or attend a certain educational institution. These tests can pose unique challenges to individuals with disabilities. Under the Americans with Disabilities Act (ADA), an entity that offers an exam without providing accommodations to examinees with disabilities may be liable for disability-based discrimination.
The ADA applies to both public and private educational and employment-related testing, and Section 309 of the ADA requires persons offering...
Reducing the Budget Deficit: Tax Policy Options
Tax reform and deficit reduction are two issues being considered by the 112th Congress. In recent months, a number of groups have published various plans for tackling the nation’s growing deficits. On September 19, 2011, President Obama submitted recommendations to the Joint Select Committee for Deficit Reduction.
This report analyzes various revenue options for deficit reduction, highlighting proposals made by the President’s Fiscal Commission, the Debt Reduction Task Force, and the President’s proposal. Others, such as House Budget Committee Chairman Paul Ryan and the Obama...
Behavioral health disorders (including both mental disorders and substance use disorders) affect a large number of people and contribute costs to the health care system, even as indicated treatment is often not received by individuals in need. In the United States, an estimated 26% of non-institutionalized adults experience behavioral health disorders in a given year; over the course of a lifetime, the estimate rises to 46%. One study estimated spending on behavioral health care in 2005 to be $135 billion, of which $40 billion was paid by the federal government (including $10 billion by...
Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions
The United States Supreme Court in Skilling v. United States construed the honest services branch of the federal mail and wire fraud statutes to reach no more than cases involving bribery or kickbacks. The mail and wire fraud statutes, 18 U.S.C. Sections 1341 and 1343, impose criminal penalties for the use of mail or interstate wire communications to deprive another of money or property through a “scheme or artifice to defraud.” In its 1987 McNally decision, the Court had held that while the fraud statutes reached schemes to deprive another of property rights, they did not cover “the...
Health related data can be very valuable to researchers, scientists, and other academics. It can be just as valuable to participants in the market for the provision of health care. For example, pharmaceutical manufacturers use a process known as detailing to market prescription drugs. Detailing involves sending representatives of the pharmaceutical manufacturers to individual doctors’ offices with information about prescription drugs and their various uses. The more information a detailer has about the doctor (or medication prescriber) that he or she is planning to market to, the better...
Africa: U.S. Foreign Assistance Issues
This report discusses the issue of U.S. economic assistance to sub-Saharan Africa, highlighting the importance of continued assistance in light of U.S. national security and also various U.S.-led efforts to promote reform amongst African citizens themselves. U.S. assistance finds its way to Africa through a variety of channels, including the USAID-administered DA program, food aid programs, and indirect aid provided through international financial institutions and the United Nations.
United States-Canada Trade and Economic Relationship: Prospects and Challenges
The United States and Canada conduct the world’s largest bilateral trade relationship, with total merchandise trade (exports and imports) exceeding $429.7 billion in 2009. The U.S.-Canadian relationship revolves around the themes of integration and asymmetry: integration from successive trade liberalization from the U.S.-Canada Auto Pact of 1965 leading to North American Free Trade Agreement (NAFTA), and asymmetry resulting from Canadian dependence on the U.S. market and from the disparate size of the two economies.
The economies of the United States and Canada are highly integrated, a...
The Confrontation Clause After Michigan v. Bryant and Bullcoming v. New Mexico
The Sixth Amendment to the United States Constitution includes the guarantee that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.”
Historically, the U.S. Supreme Court interpreted the Confrontation Clause as being more or less compatible with evidentiary rules governing out-of-court statements. In 1979, in Ohio v. Roberts, 448 U.S. 56, the Court expressed the view that evidence that fit within a hearsay exception or had analogous “particularized guarantees of trustworthiness” would also “comport with the substance” of...
The Fair Labor Standards Act, Overtime Compensation, and Personal Data Assistants
The increased use of personal data assistants (PDAs) and smartphones by employees outside of a traditional work schedule has raised questions about whether such use may be compensable under the Fair Labor Standards Act (FLSA). As PDAs and smartphones provide employees with mobile access to work email, clients, and co-workers, as well as the ability to create and edit documents outside of the workplace, it may be possible to argue that employees who are not exempt from the FLSA’s requirements and who perform work-related activities with these devices should receive overtime if such...
FY2011 Appropriations: A Side-by-Side Comparison of Key Proposals and Enacted Legislation
FY2011 funding levels were not enacted in the 111th Congress. Thus, the debate over FY2011 appropriations continued into the 112th Congress and FY2011 spending proposals became a key focal point in the budget debates between the now-Republican-controlled House of Representatives and the Obama Administration.
This report was originally intended to facilitate comparison of three key spending proposals for FY2011—the Administration’s budget request, H.R. 1, and S.Amdt. 149 to H.R. 1—to FY2010 enacted funding levels. It has been updated to include the enacted FY2011 appropriations in P.L....
The Federal Government’s Role in Electric Transmission Facility Siting
The location and permitting of electricity transmission lines and facilities have traditionally been the exclusive province of the states, with only limited exceptions. However, the inability to get transmission lines built due to local interests, as well as competition in generation, has resulted in calls for an increased role for the federal government in transmission siting.
The Energy Policy Act of 2005 (EPAct; P.L. 109-58) established a role for the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC) in transmission siting. The act directed DOE to create...
The national forests have been the focus of controversy for many years. Reduced timber harvests, increased wildfire risks, degraded forest health, and disagreements among users and other stakeholders have led to congressional disputes over appropriate management. Some interests have suggested third-party certification of sustainable management of the national forests as a possible solution to many of these difficulties. There are two major certification programs in the United States: the Sustainable Forestry Initiative (SFI) and the Forest Stewardship Council (FSC) program.
The FSC and...
Muslims in Europe: Promoting Integration and Countering Extremism
Many European countries have large and growing Muslim minorities. This is particularly true for the countries of Western Europe that have experienced influxes of Muslim immigrants over the last several decades from a variety of Middle Eastern, African, and Asian countries, as well as Turkey and the Balkans. Today, although some Muslims in Europe are recent immigrants, others are second- or third-generation Europeans. While expanding Muslim communities pose significant social and economic policy questions for European governments, the realization that some segments of Europe’s Muslim...
Renewable Energy Programs in the 2008 Farm Bill
The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill) extends and expands many of the renewable energy programs originally authorized in the Farm Security and Rural Investment Act of 2002 (P.L. 107-171, 2002 farm bill). The bill also continues the emphasis on the research and development of advanced and cellulosic bioenergy authorized in the 2007 Energy Independence and Security Act (P.L. 110-140).
Farm bill debate over U.S. biomass-based renewable energy production policy focused mainly on the continuation of subsidies for ethanol blenders, continuation of the...
Speculation, Fundamentals, and Oil Prices
High oil prices affect nearly every household and business in the United States. During the course of 2008, oil prices doubled to more than $145 per barrel and then fell by 80%. In early 2011, there was a run-up of about 20%, sending gasoline prices to near 2008 highs. Few would rule out the possibility of similar price swings in the months to come. What explains oil price volatility?
Some consider price movements such as those of 2008 and early 2011 to be more extreme than warranted by the fundamentals of supply and demand. Their explanation for unstable commodity prices focuses on...
The Democratic Republic of Congo: Background and Current Developments
This report discusses in brief the current political state of the Democratic Republic of the Congo, as well as the crisis situation in eastern Congo that has displaced more than 250,000 civilians. It also describes U.S., U.N., and other international efforts to aid in resolving the crisis.
India: Domestic Issues, Strategic Dynamics, and U.S. Relations
South Asia emerged in the 21st century as increasingly vital to core U.S. foreign policy interests. India, the region’s dominant actor with more than 1 billion citizens, is often characterized as a nascent great power and “indispensable partner” of the United States, one that many analysts view as a potential counterweight to China’s growing clout. Since 2004, Washington and New Delhi have been pursuing a “strategic partnership” based on shared values and apparently convergent geopolitical interests. Numerous economic, security, and global initiatives, including plans for civilian nuclear...
Protection of Classified Information by Congress: Practices and Proposals
The protection of classified national security and other controlled information is of concern not only to the executive branch—which, for the most part, determines what information is classified and controlled—but also to Congress. The legislature uses such information to fulfill its constitutional responsibilities, particularly overseeing the executive, appropriating funds, and legislating public policy. Congress has established numerous mechanisms to safeguard controlled information in its custody, although these arrangements have varied over time, between the two chambers, and among...
Tanzania: Background and Current Conditions
This report discusses the current political climate in Tanzania, an important U.S. ally in Africa. The report also provides some general background information.
Proposals to Reform “Holds” in the Senate
“Holds” are an informal senatorial custom unrecognized in Senate rules or precedents. They allow Senators to give notice to their respective party leader that certain measures or matters should not be brought up on the floor. This report examines, over a more than three-decade period, a wide range of proposals to reform holds.
Intent Standard for Induced Patent Infringement: Global-Tech Appliances, Inc. v. SEB S.A.
While Section 271(a) of the Patent Act (35 U.S.C. § 271(a)) creates liability for someone who directly infringes a patent (by the unauthorized use of a patented invention), Section 271(b) of the act provides indirect infringement liability for someone who “actively induces” another party to engage in infringing activities. “Inducement” is a theory of indirect patent infringement, in which a party causes, encourages, influences, or aids and abets another’s direct infringement of a patent. In Global-Tech Appliances, Inc. v. SEB S.A., the question was the legal standard for the mental state...
Golan v. Holder is a case that will be heard by the U.S. Supreme Court on October 5, 2011. The Court will consider whether Congress has the power to grant copyright protection to creative works that have already entered the public domain. At issue in Golan is the Uruguay Round Agreements Act (URAA) of 1994 that Congress passed in order to bring the United States into compliance with international agreements on intellectual property (IP). Section 514 of the URAA “restored” copyrights in certain foreign works that were previously in the public domain in the United States. After these works...
Zimbabwe’s prospects appeared promising in 1980, as it gained independence after a long liberation war. However, rising inflation and unemployment bred discontent in the 1990s and led in 1999 to the formation of the opposition Movement for Democratic Change (MDC). The MDC surprised many with its initial success, campaigning against a 2000 referendum that would have legalized the president’s continued rule, made government officials immune from prosecution, and allowed the uncompensated seizure of white-owned land for redistribution to black farmers. The referendum failed, and the MDC won...
P.L. 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (H.R. 1473), enacted April 15, 2011, provided $8.70 billion for EPA for FY2011 prior to a 0.2% across-the-board rescission. None of the 12 regular appropriations bills for FY2011, including the Interior, Environment, and Related Agencies bill that includes funding for the Environmental Protection Agency (EPA), were enacted before the start of the fiscal year on October 1, 2010. Prior to the enactment of P.L. 112-10, a series of temporary continuing resolutions (CRs) were enacted that sequentially...
Climate Change: Conceptual Approaches and Policy Tools
Congress has, over the past three decades, authorized and funded federal programs to improve understanding of climate changes and their implications. Climate changes have potentially large economic and ecological consequences, both positive and negative, which depend on the rapidity, size, and predictability of change. Some of the impacts of past change are evident in shifting agricultural productivity, forest insect infestations and fires, shifts in water supply, record-breaking summer high temperatures, and coastal erosion and inundation.
People and natural systems respond to climate...
The V-Chip and TV Ratings: Monitoring Children’s Access to TV Programming
To assist parents in supervising the television viewing habits of their children, the Communications Act of 1934 (as amended by the Telecommunications Act of 1996) requires that, as of January 1, 2000, new television sets with screens 13 inches or larger sold in the United States be equipped with a “V-chip” to control access to programming that parents find objectionable. Use of the V-chip is optional. In March 1998, the Federal Communications Commission (FCC) adopted the industry-developed ratings system to be used in conjunction with the V-chip. Congress and the FCC have continued...
When debtors file for bankruptcy protection under Title 11 of the U.S. Code, they may exempt the value of certain property; in many cases, this includes their homestead. In practical terms, to the extent that the property’s value does not exceed the allowed exemption amount, the debtor may keep the property rather than its becoming part of the bankruptcy estate and thereby being available to satisfy creditors. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) introduced additional limitations on the extent to which debtors could exempt value in their residences...
Russian Military Reform and Defense Policy
Russia has undertaken several largely piecemeal and halting efforts to revamp the armed forces it inherited from the Soviet Union. In 2007, near the end of then-President Vladimir Putin’s second term in office, he appointed Anatoliy Serdyukov—the former head of the Federal Tax Service—as defense minister as part of an effort to combat corruption in the military and carry out reforms. After the August 2008 Russia-Georgia conflict revealed large-scale Russian military operational failures, the leadership became more determined to boost military capabilities. U.S. government and congressional...
Gasoline Price Increases: Federal and State Authority to Limit “Price Gouging”
Fluctuations in gasoline prices in recent years have renewed focus on the role of the government in discouraging “price gouging,” a term commonly used to refer to sellers inflating prices to “unfair” levels in order to take advantage of certain circumstances causing a decrease in supply, including emergencies. There have been legislative efforts to create a federal law addressing gasoline price gouging, including bills that would bar certain commercial practices as well as legislation that mandated the study of pricing of gasoline in the wake of Hurricane Katrina.
While the federal...
Characteristics of Children With and Without Health Insurance, 2009
About 8.3 million children under age 19 in the United States, or 10.4% of children in this age group, had no health insurance for at least some of 2009. (Similarly, about 10.3% of children in this age group had no health insurance for at least some of 2008.) Children living in families below the poverty threshold, children not living with at least one parent, Hispanic children, and children whose parents did not have health insurance were especially likely to be uninsured. On the other hand, children whose parents had employer-sponsored coverage were themselves likely to have...
Rising Economic Powers and the Global Economy: Trends and Issues for Congress
A small group of developing countries are transforming the global economic landscape. Led by China, India, and Brazil, these rising economic powers pose varied challenges and opportunities for U.S. economic interests and leadership of the global economy. They also raise significant policy issues for Congress, including the future direction of U.S. trade policy and negotiations, as well as for the multilateral economic institutions that have historically served as the foundation of an open and rules-based global economy.
This report addresses ongoing shifts in global trade and finance and...
The Congressional Budget Process: A Brief Overview
The term “budget process,” when applied to the federal government, actually refers to a number of processes that have evolved separately and that occur with varying degrees of coordination. This overview, and the accompanying flow chart, are intended to describe in brief each of the parts of the budget process that involve Congress, clarify the role played by each, and explain how they operate together. They include the President’s budget submission, the budget resolution, reconciliation, sequestration, authorizations, and appropriations.
This report will be updated to reflect any changes...
The Budget Control Act of 2011
The Budget Control Act (BCA) is the result of negotiations between the President and Congress held in response to the federal government having nearly reached its borrowing capacity.
The BCA authorized increases in the debt limit of at least $2.1 trillion dollars (and up to $2.4 trillion under certain conditions), subject to a disapproval process that would likely require securing the support of two-thirds of each chamber to prevent a debt limit increase. It established caps on the amount of money that could be spent through the annual appropriations process for the next 10 years, which...
Environmental Activities of the U.S. Coast Guard
The U.S. Coast Guard’s environmental activities focus on prevention programs, accompanied by enforcement and educational activities.
A key component of the Coast Guard’s environmental activities involves maritime oil spill prevention. As required by several environmental statutes, including the Clean Water Act and the Oil Pollution Act, the Coast Guard’s pollution preparedness and response activities aim to reduce the impact of oil and hazardous substances spills. Related to this duty, the Coast Guard inspects U.S. and foreign-flagged ships to ensure compliance with U.S. laws and...
Congress delegates rulemaking authority to agencies for a variety of reasons and in a variety of ways. The Patient Protection and Affordable Care Act (PPACA; P.L. 111-148) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in PPACA that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming PPACA rules is by reviewing the Unified Agenda of Federal Regulatory and Deregulatory Actions, which is published twice each year...
Greece’s Debt Crisis: Overview, Policy Responses, and Implications
The Eurozone is facing a serious sovereign debt crisis. Several Eurozone member countries have high, potentially unsustainable levels of public debt. Three—Greece, Ireland, and Portugal—have borrowed money from other European countries and the International Monetary Fund (IMF) in order to avoid default. With the largest public debt and one of the largest budget deficits in the Eurozone, Greece is at the center of the crisis. The crisis is a continuing interest to Congress due to the strong economic and political ties between the United States and Europe.
Build-Up of Greece’s Debt Crisis
In...
DNA Databanking: Selected Fourth Amendment Issues and Analysis
Over the past few decades, state and federal lawmakers have promoted the development of databases containing DNA (deoxyribonucleic acid) profiles for individuals who are under the supervision of the criminal justice system due to their known or suspected involvement in a felony or other qualifying crime. Congress has demonstrated concern toward some aspects of DNA databanking by requiring expungement of a DNA profile in certain circumstances, prohibiting most non-forensic uses of DNA profiles and databases, and restricting familial searching. However, in general, Congress has taken a...
The state secrets privilege is a judicially created evidentiary privilege that allows the federal government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States. Although the common law privilege has a long history, the Supreme Court first described the modern analytical framework of the state secrets privilege in the 1953 case of United States v. Reynolds, 345 U.S. 1 (1953). In Reynolds, the Court laid out a two-step procedure to be used when evaluating a claim of...
The Role of Federal Gasoline Excise Taxes in Public Policy
American drivers, compared to those in industrialized nations in Europe, pay relatively low federal, state, and local gasoline and diesel excise taxes. The federal taxes are used specifically to fund annual highway construction, maintenance, and mass transit. Over the years, proposals have come forth to raise the federal tax as a way to address long-standing national policy concerns, including U.S. dependence on imported oil and various environmental problems related to large volumes of gasoline consumption. The current federal gasoline tax legislation is set to expire on September 30,...
The Economic Implications of the Long-Term Federal Budget Outlook
Following the financial crisis, the budget deficit reached 10% of gross domestic product (GDP) in 2009 and 9% of GDP in 2010, a level that cannot be sustained in the long run. Concerns about long-term fiscal sustainability depend on the projected future path of the budget, absent future policy changes. While entitlement spending made little contribution to current budget deficits, the retirement of the baby boomers, rising life expectancy, and the rising cost of medical care result in projections of large and growing budget deficits over the next several decades. Social Security outlays...
Common-Law Climate Change Litigation After American Electric Power v. Connecticut
Note: Despite this report being archived, the reader may find updated treatment of the topics covered herein in CRS Report R42613, Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future, by Robert Meltz. See especially sections I, II.H., and III.A.
Congressional inaction on climate change has led concerned parties to explore other ways to address climate change—including lawsuits seeking to establish climate change impacts as a common law nuisance. The prospects for these common law suits are limited, however, owing in part to the unsuitability of private...
Treasury Securities and the U.S. Sovereign Credit Default Swap Market
Paying the public debt is a central constitutional responsibility of Congress (Article I, Section 8). U.S. Treasury securities, which represent nearly all federal debt, have long been considered risk-free assets. The size of federal deficits and the projected imbalance between federal revenues and outlays, however, have raised concerns among some, including the rating agency Standard & Poor’s (S&P), which downgraded the U.S. sovereign credit rating from AAA to AA+ on August 5, 2011. S&P also cited “political brinksmanship” in debt ceiling negotiations as a factor, which raised the issue of...
Upcoming Rules Pursuant to the Dodd-Frank Act: Spring 2011 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons, and in a variety of ways. The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, July 21, 2010; hereafter the “Dodd-Frank Act”) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 300 provisions in the act that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming Dodd-Frank Act rules is by reviewing the Unified Agenda of Federal...
The National Guard State Partnership Program: Background, Issues, and Options for Congress
The State Partnership Program (SPP) is a Department of Defense (DOD) security cooperation program run by the National Guard. It also serves as a mechanism for training National Guard personnel. Since the program began in 1992, it has expanded to the point where nearly every state National Guard participates, as do the National Guard of Guam, Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.
The SPP relates to several areas of potential interest to Congress, including improving the capabilities of partner nations to protect their citizens; strengthening relationships with...
This report identifies online sources for maps of Iraq, including government, library, and organizational websites. These sources have been selected on the basis of their authoritativeness and the range, quality, and uniqueness of the maps they provide. Some sources provide up-to-the-minute maps; others have been selected for their collection of historical maps. Maps of Iraq, the Middle East, significant security incidents in Iraq, and refugees returning to Iraq have been provided. This report will be updated as needed.
Dispute Settlement Under the U.S.-Peru Trade Promotion Agreement: An Overview
The U.S.-Peru Trade Promotion Agreement (PTPA) follows current U.S. free trade agreement (FTA) practice in containing two types of formal dispute settlement: (1) State-State, applicable to disputes between PTPA Parties, and (2) investor-State, applicable to claims by an investor of one State Party against other State Party for breach of a PTPA investment obligation. A Party in a State-State dispute found to have violated a PTPA obligation is generally expected to remove the complained-of measure; remedies for non-compliance include compensation and the suspension of PTPA concessions or...
Federal Research and Development Funding: FY2011
President Obama requested $147.696 billion for research and development (R&D) in FY2011, a $343 million (0.2%) increase from the estimated FY2010 R&D funding level of $147.353 billion. Congress plays a central role in defining the nation’s R&D priorities, especially with respect to two overarching issues: the extent to which the federal R&D investment can grow in the context of increased pressure on discretionary spending and how available funding will be prioritized and allocated. Low or negative growth in the overall R&D investment may require movement of resources across disciplines,...
Foreign Operations Appropriations: General Provisions
This report identifies the legislative origins of General Provisions that pertain to foreign aid in the current Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of the Consolidated Appropriations Act, 2010; P.L. 111-117; 123 Stat. 3034 at 3312), as continued for Fiscal Year 2011 by the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10; 125 Stat. 38; of which sec. 1101(a)(6) continues appropriations enacted in P.L. 111-117, and division B, title XI, which provides further instruction for FY2011 foreign...
U.S. Livestock and Poultry Feed Use and Availability: Background and Emerging Issues
The U.S. livestock and poultry sector is presently confronting near-record high feed costs driven by the convergence of both current tight supply prospects and long-run market forces. The U.S. livestock sector, where feed costs account for 50% to 80% of cash operating expenses, has seen its profit margins steadily squeezed and its share of U.S. agricultural cash receipts decline. Since June 2010 feed cost increases have outpaced livestock price increases, squeezing the profitability of livestock and poultry producers. When profit margins turn unfavorable, producers are more likely to...
Mine-Resistant, Ambush-Protected (MRAP) Vehicles: Background and Issues for Congress
Congress has played a central role in the MRAP program, suggesting to defense and service officials that MRAPs would provide far superior protection for troops than the up-armored High Mobility, Multi-Wheeled Vehicles (HMMWVs ). Congressional support for MRAPs, as well as fully funding the program, has been credited with getting these vehicles to Iraq and Afghanistan in a relatively short timeframe, thereby helping to reduce casualties. Congress will likely continue to be interested in the MRAP program to ensure that the appropriate types and numbers are fielded, as well as to monitor the...
Davis v. United States: Retroactivity and the Good-Faith Exception to the Exclusionary Rule
In Davis v. United States, the Supreme Court held that evidence seized in violation of the defendant’s Fourth Amendment rights is admissible at trial when the police seized the evidence in good-faith reliance on “binding appellate precedent.” The petitioner in that case, Willie Davis, was a passenger in a car that was stopped by police for a traffic violation. The police arrested the driver for driving while intoxicated and Davis for giving a false name. After handcuffing Davis and placing him in the back of a patrol car, the police searched the passenger compartment of the car in which...
Standard & Poor’s Downgrade of U.S. Government Long-Term Debt
On August 5, 2011, Standard & Poor’s (S&P) lowered the credit rating of long-term U.S. government debt from AAA (the highest possible rating) to AA+. The downgrade reflects S&P’s judgment that (1) the recent Budget Control Act (P.L. 112-25) falls short of what is needed to stabilize the government’s fiscal situation and (2) the capacity of Congress and the Administration to deal with the debt has become less stable, effective, and predictable.
A ratings downgrade is meant to signal the market that an issuer of bonds or other debt securities is less likely to repay interest or principal. In...
Supplemental Security Income (SSI): Accounts Not Counted As Resources
As a means tested program, Supplemental Security Income (SSI) places a limit on the assets or resources of its beneficiaries. However, there are four types of accounts that can be used by SSI beneficiaries for specific purposes without affecting their SSI eligibility. Money placed into burial accounts, money used as part of a Plan for Achieving Self-Support (PASS), money placed in Individual Development Accounts (IDAs), and money placed in dedicated accounts for children are not counted as resources for the purposes of determining SSI eligibility. These accounts can be used by SSI...
U.S. Policy Towards Burma: Issues for the 112th Congress
A robust discussion has arisen around U.S. policy towards Burma. Some Members of Congress, senior officials in the Obama Administration, noted Burma scholars, and representatives of various interest groups have weighed in on this discussion, offering their views on the merits of current U.S. policy towards Burma and what policy changes ought to be made.
Among the commentators, there is general agreement that more than 20 years of political and economic sanctions, and nearly two years of “pragmatic engagement,” have not led to the achievement of the stated goals of U.S. policy towards...
EPA’s Regulation of Coal-Fired Power: Is a “Train Wreck” Coming?
Given the central role of electric power in the nation’s economy, and the importance of coal in power production, concerns have been raised recently about the cost and potential impact of regulations under development at the Environmental Protection Agency (EPA) that would impose new requirements on coal-fired power plants. Six of the rules, which have drawn much of the recent attention, are Clean Air Act regulations. Two others are Clean Water Act rules, and one is a Resource Conservation and Recovery Act rule. The majority are expected to be promulgated over the next 18 months. All...
U.S. Renewable Electricity Generation: Resources and Challenges
The United States faces important decisions about future energy supply and use. A key question is how renewable energy resources might be used to meet U.S. energy needs in general, and to meet U.S. electricity needs specifically. Renewable energy sources are typically used for three general types of applications: electricity generation, biofuels/bioproducts, and heating/cooling. Each application uses different technologies to convert renewable energy sources into usable products. The literature on renewable energy resources, conversion technologies for different applications, and economics...
In government contracting law, a “set-aside” is a procurement in which only certain businesses can compete. Set-asides can be exclusive or partial, depending upon whether the entire procurement, or just part of it, is so restricted. Eligibility for set-asides is typically based on business size, as well as demographic characteristics of the business owners. Currently, federal law provides, in various ways, for set-asides for (1) small businesses generally, (2) small businesses located in Historically Underutilized Business Zones (HUBZones) (HUBZone small businesses), (3) service-disabled...
Accelerating Highway and Transit Project Delivery: Issues and Options for Congress
Major highway and transit facilities can take somewhere on the order of 10 to 15 years to plan and build. The environmental review process required by the National Environmental Policy Act (NEPA) and other federal environmental laws and regulations is often cited as the main culprit for long delivery times. Available data and research, however, show that environmental review is typically not the greatest source of delay in surface transportation projects. Developing a community consensus on what to do, securing the funding, and dealing with affected residents and businesses, including...
Medicare Program Integrity: Activities to Protect Medicare from Payment Errors, Fraud, and Abuse
Since 1990, the Government Accountability Office (GAO) has identified the Medicare program as at risk for improper payments and fraud, and, since 2004, has issued 12 products documenting various program vulnerabilities. As noted by GAO and other public and private analysts, Medicare’s vulnerability to fraud and abuse arises from the program’s size, complexity, decentralization, and administrative requirements. Although a good estimate of the dollar amount lost to Medicare fraud and abuse is open to discussion, analysts agree that billions of dollars are lost. Administering the volume of...
U.S.-South Korea Beef Dispute: Issues and Status
The Obama Administration had been pressed to resolve the terms of U.S. beef access to South Korea before the Korea-U.S. Free Trade Agreement (KORUS FTA) goes to Congress for debate. While Korea committed in the FTA to reduce its 40% tariff on imported U.S. beef over a 15-year period, its limits on such imports for human health reasons threatened to undercut this preferential benefit for U.S. exporters. In 2003, South Korea was the third-largest market for U.S. beef exports, prior to the ban its government imposed after the first U.S. cow infected with mad cow disease, or BSE (bovine...
Crosscut Budgets in Ecosystem Restoration Initiatives: Examples and Issues for Congress
In the last 30 years, the United States has devoted enormous effort and committed billions of dollars toward restoring large ecosystems such as the Chesapeake Bay and the Great Lakes. These ecosystem restoration initiatives generally address multiple objectives that go beyond restoring the ecosystem, such as water conveyance and levee stability. Consequently, these initiatives involve many stakeholders conducting and implementing a variety of restoration activities and other projects. Coordinating and overseeing the implementation and funding of such projects and activities can be...
Agriculture and Related Agencies: FY2011 Appropriations
The Agriculture appropriations bill provides funding for all of the U.S. Department of Agriculture (USDA) except the Forest Service, plus the Food and Drug Administration (FDA) and, in some cases, the Commodity Futures Trading Commission (CFTC). Appropriations jurisdiction for the CFTC is split between two subcommittees—the House Agriculture Appropriations Subcommittee and the Senate Financial Services Appropriations Subcommittee.
For the FY2011 Agriculture appropriations bill, no separate floor action and limited formal committee action occurred in the 111th Congress. The full Senate...
The Supreme Court Decision in Microsoft v. i4i: Implications for Innovation Policy
The June 9, 2011, decision of the United States Supreme Court in Microsoft Corp. v. i4i Limited Partnership et al. rained current legal standards by holding that patents must be proved invalid by “clear and convincing evidence.” The Court explicitly rejected the argument that the “preponderance of the evidence” standard, which would have made patents more vulnerable to challenge, applied in this situation. The decision arguably holds a number of potential implications for U.S. innovation policy, including incentives to innovate, invest, and assert patents, and leaves the question of the...
Recent Developments in Patent Administration: Implications for Innovation Policy
Congressional interest in the operation of the U.S. Patent and Trademark Office (USPTO) has been demonstrated by extensive discussion of patent reform proposals that would impact that agency. An increasing number of patent applications filed each year, the growing complexity of cutting edge technology, and heightened user demands for prompt and accurate patent services are among the challenges faced by the USPTO. Stakeholders have expressed concern over the agency’s large backlog of patent applications that have been filed but have yet to receive examiner review. Others have expressed...
Financial Services and General Government: FY2012 Appropriations Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. Among those independent agencies are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), the Security and Exchange Commission (SEC), and the United States Postal Service (USPS). The Commodity Futures Trading Commission (CFTC) is funded in the House through the...
The Telework Enhancement Act of 2010, enacted as P.L. 111-292 (December 9, 2010), requires the head of each executive agency to establish and implement a policy under which employees shall be authorized to telework.
The law amends Title 5 of the United States Code by adding a new chapter, Chapter 65, entitled “Telework,” and defines telework as a work flexibility arrangement under which an employee performs the duties and responsibilities of his or her position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work....
Statutory Limits on Total Spending as a Method of Budget Control
Often when there is dissatisfaction with budgetary levels, budget process reforms are proposed to mandate a specific budgetary policy or fiscal objective. This report focuses specifically on one such budget process reform—the concept of creating a statutory limit on total spending.
As discussed in this report, a total spending limit consists of statutory long-term or permanent limits on federal spending coupled with a statutory enforcement mechanism that would make automatic reductions in spending in the event that compliance with the limits is not achieved through legislative action. Such...
International Violence Against Women: U.S. Response and Policy Issues
In recent years, the international community has increasingly recognized international violence against women (VAW) as a significant human rights and global health issue. VAW, which can include both random acts of violence as well as sustained abuse over time, can be physical, psychological, or sexual in nature. Studies have found that VAW occurs in all geographic regions, countries, cultures, and economic classes, with some research showing that women in developing countries experience higher rates of violence than those in developed countries. Many experts view VAW as a symptom of the...
Challenge to the Boeing-Airbus Duopoly in Civil Aircraft: Issues for Competitiveness
The importance of a successful aerospace industry to the United States economy has been repeatedly acknowledged by President Obama and members of his Cabinet, many Members of Congress, and by all concerned with the competitive fortunes of the U.S. aircraft manufacturing industry. The U.S. aerospace industry is highly competitive and global in scope. U.S. firms manufacture a wide range of products for civil and defense purposes and, in 2010, the value of aerospace industry shipments was estimated at $171 billion, of which civil aircraft and aircraft parts accounted for over half of all U.S....
Thirty-five years of experience implementing and enforcing the Toxic Substances Control Act (TSCA) have demonstrated the strengths and weaknesses of the law and led many to propose legislative changes to TSCA’s core provisions. Stakeholders appear to agree that TSCA needs to be updated, although there is disagreement about the extent and nature of any proposed revisions. S. 847 in the 112th Congress legislation would amend core provisions of TSCA Title I. This report compares key provisions of S. 847, as introduced, with current law (15 U.S.C. 2601 et seq.).
Generally, S. 847 would...
Social Security: Mandatory Coverage of New State and Local Government Employees
Social Security covers about 94% of all workers in the United States. Most of the remaining 6% of non-covered workers are public employees. About one-fourth of state and local government employees are not covered by Social Security for various historical and other reasons. The 1935 Social Security Act did not extend coverage to state and local government workers. Since the 1950s, Congress has passed laws to allow state and local government employees who have public pensions to elect Social Security coverage through employee referendums. In 1990, Congress made Social Security coverage...
Homeland Security Department: FY2011 Appropriations
This report describes the FY2011 appropriations for the Department of Homeland Security (DHS). The Administration requested a net appropriation of $45.0 billion in budget authority for FY2011. This amounts to a $1.1 billion, or a 2.4% increase from the $43.9 billion enacted for FY2010. Total budget authority requested by the Administration for DHS for FY2011 amounts to $52.6 billion as compared to $51.7 billion enacted for FY2010.
Net requested appropriations for major agencies within DHS were as follows: Customs and Border Protection (CBP), $9,809 million; Immigration and Customs...
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
This report provides an overview of actions taken by Congress to provide FY2011 appropriations for Commerce, Justice, Science, and Related Agencies (CJS). It also provides an overview of FY2010 appropriations for agencies and bureaus funded as a part of the annual appropriation for CJS.
The Consolidated Appropriations Act, 2010 (P.L. 111-117), included a total of $68.705 billion in new budget authority for CJS. Of the $68.705 billion appropriated for FY2010, $14.035 billion was for the Department of Commerce, $28.078 billion was for the Department of Justice, $25.658 billion was for the...
International Criminal Court Cases in Africa: Status and Policy Issues
The International Criminal Court (ICC) has, to date, opened cases exclusively in Africa. Cases concerning 25 individuals are open before the Court, pertaining to crimes allegedly committed in six African states: Libya, Kenya, Sudan (Darfur), Uganda (the Lord’s Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. A 26th case, against a Darfur rebel commander, was dismissed. The ICC Prosecutor has yet to secure any convictions. In addition, the Prosecutor has initiated preliminary examinations—a potential precursor to a full investigation—in Côte...
Africa Command: U.S. Strategic Interests and the Role of the U.S. Military in Africa
In recent years, analysts and U.S. policymakers have noted Africa’s growing strategic importance to U.S. interests. Among those interests are the increasing importance of Africa’s natural resources, particularly energy resources, and mounting concern over violent extremist activities and other potential threats posed by under-governed spaces, such as maritime piracy and illicit trafficking. In addition, there is ongoing concern for Africa’s many humanitarian crises, armed conflicts, and more general challenges, such as the devastating effect of HIV/AIDS. In 2006, Congress authorized a...
This report discusses the changes to the congressional budget process under H.Res. 5 (an agreement made January 5, 2011), which includes six changes made to the House Standing Rules as well as separate orders also affecting the process.
The UNESCO World Heritage Convention: Congressional Issues
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention Concerning the Protection of the World Cultural and Natural Heritage (the World Heritage Convention) identifies and helps protect international sites of such exceptional ecological, scientific, or cultural importance that their preservation is considered a global responsibility. Under the Convention, which entered into force in 1975, participating countries nominate sites to be included on the World Heritage List and the List of World Heritage in Danger (Danger List). Countries that are party to the...
Given declining state revenues and increased demand for public programs like Medicaid, states have been faced with difficult choices about how to allocate limited funds. To address budget shortfalls, many states have sought to shrink their Medicaid costs in various ways, including reducing the rates at which health care providers are reimbursed for the services they provide to Medicaid beneficiaries. In several instances, providers and others have argued that the reduced rates do not comply with federal Medicaid requirements and have turned to the courts to challenge these reductions....
Human Rights in China and U.S. Policy
This report examines human rights conditions in China, including the 2011 crackdown on rights activists and dissent; ongoing human rights abuses; recent PRC efforts to protect human rights; and the development of civil society. Ongoing human rights problems in China include the excessive use of violence by public security forces, unlawful detention, torture of detainees, arbitrary use of state security laws against political dissidents, coercive family planning policies, state control of information, and religious and ethnic persecution. Tibetans, Uighur Muslims, and Falun Gong adherents...
Haiti’s National Elections: Issues, Concerns, and Outcome
In proximity to the United States, and with such a chronically unstable political environment and fragile economy, Haiti has been a constant policy issue for the United States. Congress views the stability of the nation with great concern and commitment to improving conditions there. The Obama Administration considers Haiti its top priority in the Latin American and Caribbean region. Both Congress and the international community have invested significant resources in the political, economic, and social development of Haiti, and have closely monitored the election process as a prelude to...
Federal law provides various legal protections for individuals who object for religious reasons to performing certain tasks required by their employer. The First Amendment to the U.S. Constitution and statutory nondiscrimination laws provide general protection to individuals wishing to exercise their religious beliefs without interference from the government or employers. An individual’s right of refusal may also be protected by specific legislation known as “conscience clauses.” These protections often arise with health care providers, including doctors and pharmacists, who object to...
China’s Greenhouse Gas Emissions and Mitigation Policies
The 112th Congress continues to debate whether and how the United States should address climate change. Most often, this debate includes concerns about the effects of U.S. greenhouse gas (GHG) emissions controls if China and other major countries were not to take comparable actions. China recently surpassed the United States to become the largest emitter of human-related GHG globally, and together, the two nations emit about 40% of the global total (with shares of 21% and 19%, respectively).
China’s GHG emissions are growing rapidly and, even with policies adopted by China, are expected to...
Public Health Service (PHS) Agencies: Overview and Funding, FY2010-FY2012
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS): (1) the Agency for Healthcare Research and Quality (AHRQ), (2) the Agency for Toxic Substances and Disease Registry (ATSDR), (3) the Centers for Disease Control and Prevention (CDC), (4) the Food and Drug Administration (FDA), (5) the Health Resources and Services Administration (HRSA), (6) the Indian Health Service (IHS), (7) the National Institutes of Health (NIH), and (8) the Substance Abuse and Mental Health Services Administration (SAMHSA). This...
Other Transaction (OT) Authority
An other transaction (OT) is a special vehicle used by federal agencies for obtaining or advancing research and development (R&D) or prototypes. An OT is not a contract, grant, or cooperative agreement, and there is no statutory or regulatory definition of "other transaction." Only those agencies that have been provided OT authority may engage in other transactions.
Taxpayers who purchased a principal residence in 2008-2010 (and in some cases, 2011) may have qualified for a tax credit under Section 36 of the Internal Revenue Code—the first-time homebuyer credit. This credit was amended several times with changes being made to the amount of the credit, the requirements for qualifying for the credit, and the requirements for repaying the credit. These details are available in CRS Report RL34664, The First-Time Homebuyer Tax Credit, by Carol A. Pettit.
Generally, taxpayers claiming the credit based on a 2008 credit are required to repay the credit over a...
Oil Industry Financial Performance and the Windfall Profits Tax
Over the past 13 years, surging crude oil and petroleum product prices have increased oil and gas industry revenues and generated record profits, particularly for the top five major integrated companies, ExxonMobil, Royal Dutch Shell, BP, Chevron, and ConocoPhillips. These companies, which reported a predominant share of those profits, generated more than $104 billion in profit on nearly $1.8 trillion of revenues in 2008, before declining as a result of the recession and other factors. From 2003 to 2008, revenues increased by 86%; net income (profits) increased by 66%. Oil output by the...
The Mortgage Interest and Property Tax Deductions: Brief Overview with Revenue Estimates
Concern has increased over the size and sustainability of the United States’ recent budget deficits and the country’s long-run budget outlook. This concern has brought the issues of the government’s revenue needs and fundamental tax reform to the forefront of congressional debates. Congress may choose to address these issues by reforming the set of tax benefits for homeowners. According to the Joint Committee on Taxation, federally provided tax benefits for homeowners will cost approximately $140.1 billion annually between 2010 and 2014. Reducing, modifying, or eliminating all or some of...
Fairness Doctrine: History and Constitutional Issues
The Fairness Doctrine was a policy of the Federal Communications Commission (FCC or Commission) that required broadcast licensees to cover issues of public importance and to do so in a fair manner. Issues of public importance were not limited to political campaigns. Nuclear plant construction, workers’ rights, and other issues of focus for a particular community could gain the status of an issue that broadcasters were required to cover. Therefore, the Fairness Doctrine was distinct from the so-called “equal time” rule, which requires broadcasters to grant equal time to qualified candidates...
Military Construction: Analysis of the FY2012 Appropriation and Authorization
This report focuses on those government activities funded under the FY2012 military construction appropriation, examines trends in military construction funding, and outlines military construction issues extant in each of the major regions of U.S. military activity.
President Barack Obama submitted his FY2012 appropriations request to Congress on February 14, 2011. His military construction appropriations request for $14.7 billion in new budget authority fell approximately $9.9 billion below the amount enacted for FY2010 and $3.0 billion below that enacted for FY2011. Much of that...
United Nations System Efforts to Address Violence Against Women
The United Nations (U.N.) system supports a number of programs that address international violence against women (VAW). These activities, which are implemented by 36 U.N. entities, range from large-scale interagency initiatives to smaller grants and programs that are implemented by a range of partners, including non-governmental organizations (NGOs), national governments, and individual U.N. agencies. U.N. member states, including the United States, address VAW by ratifying multilateral treaties, adopting resolutions and decisions, and supporting U.N. mechanisms and bodies that focus on...
Financial Services and General Government (FSGG): FY2011 Appropriations
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President, the judiciary, the District of Columbia, and 26 independent agencies. Among the independent agencies funded by the bill are the Small Business Administration, the Office of Personnel Management, and the United States Postal Service.
The FSGG FY2010 appropriations were provided through P.L. 111-117, Consolidated Appropriations Act, 2010. P.L. 111-117 provided $46.265 billion for FSGG agencies in FY2010. In addition, P.L. 111-80...
Potential Trade Implications of Restrictions on Antimicrobial Use in Animal Production
Exports of U.S. livestock and poultry products are important both to farmers and to the U.S. economy. In 2009, U.S. livestock and poultry exports were valued at more than $10 billion, accounting for about 12% of total global meat trade (estimated at nearly $87 billion in 2009).
Growing concerns about antimicrobial resistance have caused some U.S. trading partners and competitors to implement restrictions and prohibitions on the use of certain antimicrobials for subtherapeutic or nontherapeutic purposes in animal production. Although antibiotic use in animals has not been a significant...
America Competes 2010: FY2012 Funding and FY2008-FY2011 Funding Summary
This report discusses how funding affects the America COMPETES program, and subsequently U.S. interests in R&D in STEM disciplines.
Real Earnings, Health Insurance and Pension Coverage, and the Distribution of Earnings, 1979-2009
This report analyzes the real weekly earnings from 1979 to 2009 of U.S. workers, including worker pay and fringe benefits, such as employer contributions for health insurance or to a retirement plan.
Social Security Benefits Are Not Paid for the Month of Death
Social Security benefits are not paid for the month in which a beneficiary dies. In most cases, the check that an individual receives in a given month represents payment for the preceding month. In other words, by design, the check (or direct bank deposit) arrives after the month for which it applies. In cases where a beneficiary dies late in the month, the Social Security Administration often is not notified of the death in time to stop the payment. When family members are informed that the check must be returned, they often complain that the policy is unfair and creates a financial...
Intermediate-Level Blends of Ethanol in Gasoline, and the Ethanol “Blend Wall”
On March 6, 2009, Growth Energy (on behalf of 52 U.S. ethanol producers) applied to the Environmental Protection Agency (EPA) for a waiver from the Clean Air Act (CAA) limitation on ethanol content in gasoline. Ethanol content in gasoline for all uses had been capped at 10% (E10); the application requested an increase in the maximum concentration to 15% (E15). A broad waiver would allow the use of more ethanol in gasoline than is currently permitted.
On October 13, 2010, EPA issued a partial waiver for the use of E15 in model year (MY) 2007 and later passenger cars and light trucks. At the...
Ashcroft v. al-Kidd: Official Immunity and Material Witnesses Before the Supreme Court
Public officials cannot be sued personally for injuries resulting from the performance of their duties. They lose this qualified immunity when the injuries resulted from their violation of clearly established law. In Ashcroft v. al-Kidd, the Supreme Court concluded that clearly established Fourth Amendment jurisprudence did not forbid the Attorney General from encouraging the use of the federal material witness statute as a pretext to detain and question a potential criminal suspect.
The Court left for another day several related issues. Does the material witness statute permit...
Statutory Budget Controls in Effect Between 1985 and 2002
Between 1985 and 2002, several statutory budget controls were enacted to reduce the budget deficit. Chief among these were the Balanced Budget and Emergency Deficit Control Act of 1985 and the Budget Enforcement Act of 1990. The mechanisms included in these acts sought to supplement and modify the existing budget process, and also added statutory budget controls, in some cases seeking to require future deficit reduction legislation, and in some cases seeking to preserve deficit reduction achieved in accompanying legislation.
The Balanced Budget and Emergency Deficit Control Act of 1985,...
Visa Security Policy: Roles of the Departments of State and Homeland Security
Foreign nationals (i.e., aliens) not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted, with certain exceptions noted in law. The Departments of State (DOS) and Homeland Security (DHS) each play key roles in administering the law and policies on the admission of aliens. Although the DOS’s Consular Affairs is responsible for issuing visas, the U.S. Citizenship and Immigrant Services (USCIS) in DHS approves immigrant petitions, the Immigration and Customs Enforcement (ICE) in DHS operates the Visa Security Program...
National Security Letters: Proposals in the 112th Congress
National Security Letters (NSLs) are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act.
The USA PATRIOT Act expanded NSL authority. Later reports of the Department of Justice’s Inspector General indicated that (1) the FBI considered the expanded authority very useful; (2) after...
USAID Global Health Programs: FY2001-FY2012 Request
A number of U.S. agencies and departments implement U.S. government global health interventions. The U.S. Agency for International Development (USAID) plays a particularly central role. The agency is responsible for coordinating two important presidential health initiatives—the President’s Malaria Initiative (PMI) and the Neglected Tropical Diseases (NTD) Program. USAID serves as an implementing agency of the largest U.S. global health program—the President’s Emergency Plan for AIDS Relief (PEPFAR)—and is set to assume leadership over the Global Health Initiative (GHI) in September 2012...
Environmental Protection Agency (EPA): Appropriations for FY2011
Enacted April 15, 2011, the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10, H.R. 1473), provided funding for the remainder of FY2011 for those agencies typically funded under 12 regular appropriations bills. Including applicable rescissions, Title VII of Division B under P.L. 112-10 provided $8.68 billion for the Environmental Protection Agency (EPA ) for FY2011. The final EPA FY2011 appropriations were $1.61 billion (16%) less than the FY2010 appropriation of $10.29 billion, and $1.34 billion (13%) less than the $10.02 billion included in the...
Asylum and “Credible Fear” Issues in U.S. Immigration Policy
Foreign nationals seeking asylum must demonstrate a well-founded fear that if returned home, they will be persecuted based upon one of five characteristics: race, religion, nationality, membership in a particular social group, or political opinion. Foreign nationals arriving or present in the United States may apply for asylum affirmatively with the United States Citizenship and Immigration Services (USCIS) in the Department of Homeland Security after arrival into the country, or they may seek asylum defensively before a Department of Justice Executive Office for Immigration Review (EOIR)...
Master Limited Partnerships: A Policy Option for the Renewable Energy Industry
Expanded investment in clean and renewable energy resources continues to be a policy priority of the Obama Administration and an area of interest to the 112th Congress. In recent years, the primary policy vehicle for promoting investment in renewable energy has been tax credits, particularly the renewable energy investment and production tax credits. A lack of tax liability, however, has limited the renewable energy sector’s ability to fully take advantage of these and other tax benefits. The result has been an increased interest in exploring other options for promoting investment in...
Centers for Disease Control and Prevention Global Health Programs: FY2001-FY2012 Request
A number of U.S. agencies and departments implement U.S. government global health efforts. Overall, U.S. global health assistance is not always coordinated. Exceptions to this include U.S. international responses to key infectious diseases; for example, U.S. programs to address HIV/AIDS through the President’s Emergency Plan for AIDS Relief (PEPFAR), malaria through the President’s Malaria Initiative (PMI), and neglected tropical diseases through the Neglected Tropical Diseases (NTD) Program. Although several U.S. agencies and departments implement global health programs, this report...
The Department of Housing and Urban Development (HUD): FY2011 Appropriations
The Department of Housing and Urban Development (HUD) is the federal agency charged with administering a number of programs designed to promote the availability of safe, decent, and affordable housing and community development. The agency submits a budget as a part of the President’s formal budget request each year, and then Congress, through the appropriations process, decides how much funding to provide to the agency. Funding for HUD is under the jurisdiction of the Department of Transportation, HUD, and Related Agencies subcommittees of the House and the Senate appropriations...
“Dirty Bombs”: Technical Background, Attack Prevention and Response, Issues for Congress
Congress has long sought, through legislation and oversight, to protect the United States against terrorist threats, especially from chemical, biological, radiological, and nuclear (CBRN) weapons. Radiological dispersal devices (RDDs) are one type of CBRN weapon. Explosive-driven “dirty bombs” are an often-discussed type of RDD, though radioactive material can also be dispersed in other ways. This report provides background for understanding the RDD threat and responses, and presents issues for Congress.
Radioactive material is the necessary ingredient for an RDD. This material is composed...
”Dirty Bombs”: Background in Brief
Congress has long sought, through legislation and oversight, to protect the United States against terrorist threats, especially from chemical, biological, radiological, and nuclear (CBRN) weapons. Radiological dispersal devices (RDDs) are one type of CBRN weapon. Explosive-driven “dirty bombs” are an often-discussed type of RDD, though radioactive material can also be dispersed in other ways. This report provides background for understanding the RDD threat and responses, and presents issues for Congress.
Radioactive material is the necessary ingredient for an RDD. This material is composed...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes 429,000 buildings. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. Agencies hold buildings with a range of uses, including offices, health clinics, warehouses, and laboratories. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether. Healthcare provided by the Department of Veterans Affairs (VA), for example, has shifted in recent decades from predominately...
The Liability Risk Retention Act: Background, Issues, and Current Legislation
Risk retention groups (RRGs) and risk purchasing groups (RPGs) are alternative insurance entities authorized by Congress to expand insurance supply through a simplification of insurance regulation. The McCarran-Ferguson Act of 1945 generally leaves the regulation and taxation of the business of insurance to the individual states. In 1981 and 1986, however, Congress crafted a narrow exception to the usual state insurance regulations for these groups, generally exempting them from multiple state oversight. Membership in risk retention and purchasing groups is limited to commercial...
In early 2011, many Members of Congress focused their attention on U.S. rules and practices governing the importation of products and components from North Korea. Their interest was stimulated by debate over the proposed South Korea-U.S. Free Trade Agreement (KORUS FTA) and the question of whether the agreement could lead to increased imports from North Korea. Some observers, particularly many opposed to the agreement, have argued that the KORUS FTA could increase imports from North Korea if South Korean firms re-export items made in the Kaesong Industrial Complex (KIC), a seven-year-old...
Brief History of the Gold Standard in the United States
The U.S. monetary system is based on paper money backed by the full faith and credit of the federal government. The currency is neither valued in, backed by, nor officially convertible into gold or silver. Through much of its history, however, the United States was on a metallic standard of one sort or another.
On occasion, there are calls for Congress to return to such a system. Such calls are usually accompanied by claims that gold or silver backing has provided considerable economic benefits in the past. This report briefly reviews the history of the gold standard in the United States....
To assist Congress in its oversight, this report provides an overview of federally related entities that possess legal characteristics of both the governmental and private sectors. These hybrid organizations (e.g., Fannie Mae, National Park Foundation, In-Q-Tel), collectively referred to in this report as the “quasi government,” have grown in number, size, and importance in recent decades.
A brief review of executive branch organizational history is followed by a description of entities with ties to the executive branch, although they are not “agencies” of the United States as defined in...
In February 2011, the United States and South Korea finalized negotiations on a bilateral free trade agreement. As a result, the Obama Administration is expected to submit implementing legislation to the 112th Congress on the proposed U.S.-South Korea Free Trade Agreement (KORUS FTA). This report addresses congressional interest in the effects of this agreement on exports by state to South Korea by using two sets of data. Data developed by the U.S. International Trade Commission (USITC) are used to identify the possible direction of trade change for 40 industries at the national level....
Warrantless, Police-Triggered Exigent Searches: Kentucky v. King in the Supreme Court
Authorities may enter and search a home without a warrant if they have probable cause and reason to believe that evidence is being destroyed within the home. So declared the United States Supreme Court in an 8-1 decision, Kentucky v. King, 131 S.Ct. 1849 (2011)(No. 09-1272).
The Kentucky Supreme Court had overturned King’s conviction for marijuana possession and drug dealing, because the evidence upon which it was based had been secured following a warrantless search which failed to conform with that court’s restrictions under its “police-created exigencies” doctrine.
The Fourth Amendment...
The chartering by Congress of organizations with a patriotic, charitable, historical, or educational purpose is essentially a 20th century practice. There are currently some 92 nonprofit corporations listed in Title 36, Subtitle II, of the U.S. Code. These so-called “Title 36 corporations,” such as the Girl Scouts of America and the National Academy of Public Administration, are typically incorporated first under state law, then request that Congress grant them a congressional or federal charter.
Chartered corporations listed in Title 36 are not agencies of the United States, and their...
The U.S.-Canada Energy Relationship: Joined at the Well
The United States and Canada, while independent countries, effectively comprise a single integrated market for petroleum and natural gas. Canada is the single largest foreign supplier of petroleum products and natural gas to the United States—and the United States is the dominant consumer of Canada’s energy exports. The value of the petroleum and natural gas trade between the two countries totaled nearly $100 billion in 2010, helping to promote general economic growth and directly support thousands of energy industry and related jobs on both sides of the border. Increased energy trade...
The Proposed U.S.-South Korea Free Trade Agreement (KORUS FTA): Automobile Rules of Origin
The U.S.-South Korea Free Trade Agreement (KORUS FTA) was signed on June 30, 2007. The provisions on the automotive sector were among the most difficult areas negotiated, and were among those in which the Obama Administration and South Korean officials reached further agreement on December 3, 2010.
The agreement’s effect on the automotive sector has drawn particular scrutiny as Congress considers implementation of the KORUS FTA. In particular, the specific rules of origin (ROO) for automobiles and auto parts have become a matter of debate. These rules determine whether the products...
The Smart Grid and Cybersecurity—Regulatory Policy and Issues
Electricity is vital to the commerce and daily functioning of United States. The modernization of the grid to accommodate today’s uses is leading to the incorporation of information processing capabilities for power system controls and operations monitoring. The “Smart Grid” is the name given to the evolving electric power network as new information technology systems and capabilities are incorporated. While these new components may add to the ability to control power flows and enhance the efficiency of grid operations, they also potentially increase the susceptibility of the grid to cyber...
Waiving the Restriction of Annual Limits in Private Health Insurance
Considerable congressional attention has been placed on the dollar value of health insurance coverage in terms of out-of-pocket (OOP) costs placed on policyholders. One method that lowers the dollar value of coverage is the use of annual limits on the dollar amount of coverage. Private health insurers use annual limits to require the consumer to assume 100% of the cost of coverage after a certain amount of spending for the year has been reached. While annual limits may be a benefit design feature in any type of health insurance, they are used as the primary method of cost control for...
The Donor-Donee State Issue in Highway Finance
Few issues in federal highway finance have raised such heated debate as how closely each state’s federal highway grants should match its highway users’ payments to the Highway Trust Fund (HTF). This “donor-donee” state issue has been contentious during every reauthorization of federal surface transportation programs since 1982. It has again emerged during the congressional debate over reauthorization of the current highway funding program, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA; P.L. 109-59), which has been extended through...
Electronic Voting System in the House of Representatives: History and Usage
On January 23, 1973, 87 years after the first legislative proposal to use an automated system to record votes was introduced, the House of Representatives used its electronic voting system for the first time. The concept of automated voting dates back even farther to 1869, when Thomas Edison filed a patent for a vote recorder and demonstrated the system to Congress. Between the first legislative proposal for automated voting in 1886, and the passage of the Legislative Reorganization Act of 1970, which contained language authorizing an electronic voting system, 51 bills and resolutions were...
Temporary Federal High Risk Health Insurance Pool Program
This report briefly describes the temporary federal high risk pool (HRP) program, more commonly known as the Pre-Existing Condition Insurance Plan (PCIP) program. The PCIP program was established by the Patient Protection and Affordable Care Act (PPACA, P.L. 111-148, as amended). Under PPACA, the PCIP program is intended to help individuals with preexisting conditions who have been uninsured for six or more months to obtain health insurance coverage before 2014. In 2014, coverage will be available on a guaranteed issue basis and preexisting condition exclusions will be prohibited.
To be a...
Veterans Medical Care: FY2011 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA).
This report focuses on the VHA. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the...
The Workforce Investment Act (WIA), enacted in 1998, is the federal government’s primary employment and job training legislation. Title I of WIA—Workforce Investment Systems—authorizes job training and related services to unemployed or underemployed individuals. Funds authorized under Title I, Subtitle B of WIA are allocated to states by formula and are used for workforce development activities.
This report analyzes the current allocation formula for one of the three Title I formula grant programs—the dislocated worker program, which is the largest of the three Title I grant programs with...
Japan’s 2011 Earthquake and Tsunami: Economic Effects and Implications for the United States
The March 11, 2011, earthquake and tsunami that occurred in Japan followed by the nuclear crisis are having a large negative impact on the economy of Japan but a lesser effect on world trade and financial markets. Japan has lost considerable physical and human capital. Physical damage has been estimated to be from $195 billion to as much as $305 billion. (Greece’s GDP is $330 billion.) In excess of 23,000 persons in Japan are killed or missing, and more than 400,000 homes and other buildings have been totally or partially damaged. The negative effects of the earthquake and tsunami have...
Reducing the Budget Deficit: The President’s Fiscal Commission and Other Initiatives
The federal budget is on an unsustainable path. Though deficit levels are currently elevated, they are expected to fall towards the middle part of the decade as the economic recovery continues. Looking beyond this decade, however, the country’s fiscal outlook becomes more bleak as spending on programs like Social Security, Medicare, and Medicaid, and net interest are projected to consume a larger portion of the total federal budget.
Budget policy debates thus far in the 112th Congress have centered on how to achieve meaningful deficit reduction and implementation of a plan to stabilize the...
Federal Government Corporations: An Overview
To assist Congress in its oversight activities, this report provides an overview of the government corporation as an administrative model. As defined in this report, a government corporation is a government agency that is established by Congress to provide a market-oriented public service and to produce revenues that meet or approximate its expenditures. By this definition, currently there are 17 government corporations.
In the typical contemporary Congress, several bills are introduced to establish government corporations. At the time of publication of this report, two bills had been...
Indian Reserved Water Rights Under the Winters Doctrine: An Overview
Although the federal government has authority to regulate water, it typically defers to the states to allocate water resources within the state. The federal government maintains certain federal water rights, though, which exist separate from state law. In particular, federal reserved water rights often arise in questions of water allocation related to federal lands, including Indian reservations. Indian reserved water rights were first recognized by the U.S. Supreme Court in Winters v. United States in 1908. Under the Winters doctrine, when Congress reserves land (i.e., for an Indian...
Risk Management Tools for Dairy Farmers
Managing price and income risks can be a major challenge for dairy farmers. In 2011, the farm price of milk has rebounded from lows in 2009, but the price of corn, a major feed ingredient, has reached record highs. The volatile nature of commodity markets presents opportunities for profits and losses when milk prices or feed costs change.
In dairy and in agriculture generally, farm-level risk management tools are provided through both the private and the public sectors. By using these tools, dairy producers transfer risk to either the private sector or the government through programs that...
Flood Damage Related to Army Corps of Engineers Projects: Selected Legal Issues
Over the past century, the federal government has undertaken a number of civil works projects to prevent widespread damage from flooding of various waterways. These flood control projects generally have been designed and constructed by the U.S. Army Corps of Engineers (Corps). Despite the existence of these flood control structures, floods have caused major damage to various regions of the country. Hurricane Katrina was the most costly natural disaster ever to hit the United States. Striking land in August 2005 as a Category 3 hurricane, Hurricane Katrina left 80% of New Orleans under...
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) authorizes the President to issue major disaster or emergency declarations in response to catastrophes in the United States that overwhelm state and local governments. Such declarations result in the distribution of a wide range of federal aid to individuals and families, certain nonprofit organizations, and public agencies. Congress appropriates money to the Disaster Relief Fund (DRF), through both annual appropriations and emergency supplemental appropriations, for disaster assistance authorized by the...
Intelligence Information: Need-to-Know vs. Need-to-Share
Unauthorized disclosures of classified intelligence are seen as doing significant damage to U.S. security. This is the case whether information is disclosed to a foreign government or published on the Internet. On the other hand, if intelligence is not made available to government officials who need it to do their jobs, enormous expenditures on collection, analysis, and dissemination are wasted. These conflicting concerns require careful and difficult balancing.
Investigations of the 9/11 attacks concluded that both technical and policy barriers had limited sharing of information...
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2011
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal law enforcement agency charged with administering and enforcing federal laws related to the manufacture, importation, and distribution of firearms and explosives. Congress transferred ATF’s enforcement and regulatory functions for firearms and explosives from the Department of the Treasury to the Department of Justice (DOJ) as part of the Homeland Security Act (P.L. 107-296). ATF is also responsible for investigating arson cases with a federal nexus, as well as criminal violations of federal laws governing...
Economic Development Administration: A Review of Elements of Its Statutory History
As the 112th Congress considers legislation reauthorizing the Public Works and Economic Development Act of 1965 (PWEDA; P.L. 89-136), which created the Economic Development Administration (EDA) and its programs, the PWEDA’s statutory evolution may inform Congress in its deliberation. In reviewing the evolution of the PWEDA’s statutory authority, several observations are worth making:
Congress has consistently used unemployment as the primary criterion to determine eligibility for EDA assistance, but it has authorized the inclusion of other criteria, resulting in up to 80% of counties being...
Japan 2011 Earthquake: U.S. Department of Defense (DOD) Response
Japan 2011 Earthquake: U.S. Department of Defense (DOD) Response Disaster U.S. military Tsunami Nuclear Self Defense Force U.S. bases Navy, army, marines, air force Relief Humanitarian USS Ronald Reagan, aircraft carrier group
Legislative Branch: FY2011 Appropriations
The legislative branch operated on continuing resolutions from October 1, 2010 (P.L. 111-242, P.L. 111-290, P.L. 111-317, P.L. 111-322, P.L. 112-4, and P.L. 112-6) until the enactment of P.L. 112-10 on April 11, 2011. P.L. 112-10 provides $4.54 billion for legislative branch activities.
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office; Architect of the Capitol, including the Capitol Visitor Center; Library of Congress, including the Congressional Research...
Rwanda: Background and Current Developments
This report discusses the current political conditions of Rwanda, including a brief historical overview. The report also includes information about the poor human rights conditions in Rwanda and U.S. Rwanda relations.
Dozens of federal statutes outlaw homicide, assault, and threats under varying jurisdictional circumstances. Those which appear most relevant to tragic events in Tucson, AZ, are identified in abbreviated form here.
Jared Lee Loughner was arrested for the attempted murder of Representative Gabrielle Giffords, the murder of United States District Court Judge John Roll, and the murder or attempted murder of several federal employees. The arrest brings several features of federal law to the fore.
Federal crimes of violence are usually violations of the law of the state where they occur; an offender may be tried in either federal or state court or both. Ordinarily, federal crimes must be tried where they occur, but in extraordinary cases a defendant’s motion for a change of venue may be granted. In...
Interagency Collaborative Arrangements and Activities: Types, Rationales, Considerations
Interagency collaboration among federal agencies with overlapping jurisdictions and shared responsibilities is not a new phenomenon. Attempts to foster cooperation among agencies, reduce their number in particular policy areas, or clarify the division of labor among them date to the early days of the republic. Such arrangements are increasing in the contemporary era in number, prominence, and proposals across virtually all policy areas. The reasons for the current upsurge are the growth in government responsibilities, cross-cutting programs, and their complexity; certain crises which...
Project BioShield: Authorities, Appropriations, Acquisitions, and Issues for Congress
In 2004, Congress passed the Project BioShield Act (P.L. 108-276) to encourage the private sector to develop medical countermeasures against chemical, biological, radiological, and nuclear (CBRN) terrorism agents and to provide a novel mechanism for federal acquisition of those newly developed countermeasures. Although some countermeasures have been acquired through this law, Congress continues to address several Project BioShield-related policy issues. These include whether to continue diverting Project BioShield acquisition funding to other purposes; whether to change the countermeasure...
Sending Mail to Members of the Armed Forces at Reduced or Free Postage: An Overview
Members of the Armed Forces on duty in designated combat areas can send personal correspondence, free of postage, to addresses in the United States. However, there is not a comparable policy to permit individuals in the United States to send letters and packages to troops serving overseas free of charge.
H.R. 1935 has been introduced in the 112th Congress to establish a new, free postage benefit. Military personnel who are deployed in Afghanistan or Iraq, or who are hospitalized as a result of such deployment, would receive one postage voucher or coupon per month. The recipient may then...
New Zealand: Background and Bilateral Relations with the United States
New Zealand is increasingly viewed as a stalwart partner of the United States that welcomes U.S. presence in its region. New Zealand and the United States enjoy very close bilateral ties across the spectrum of relations between the two countries. These ties are based on shared cultural traditions and values as well as on common interests. New Zealand is a stable and active democracy with a focus on liberalizing trade in the Asia-Pacific region. New Zealand also has a history of fighting alongside the United States in most of its major conflicts including World War I, World War II, Korea,...
Accountable Care Organizations and the Medicare Shared Savings Program
The provision of health care in the United States has been described as fragmented, with patients seeing multiple unrelated providers. Fragmented care has been found to be, among other things, both costly, since provider payments are not linked to performance or outcomes and services can be duplicative, and of lower quality, since providers lack financial incentives to coordinate care. Section 3022 of the Patient Protection and Affordable Care Act (P.L. 111-148, PPACA), as amended, directs the Secretary of Health and Human Services (the “Secretary”) to implement an integrated care delivery...
International Monetary Fund: Selecting a Managing Director
On May 14, 2011, Dominique Strauss-Kahn, the Managing Director of the International Monetary Fund (IMF), was arrested at John F. Kennedy Airport and charged with the attempted rape, criminal sexual assault, and unlawful imprisonment of a maid at the New York City Sofitel hotel. He resigned on May 18, 2011. Mr. Strauss-Kahn’s arrest and resignation come at a challenging time for the IMF, which he had led since 2007. Under his leadership, the IMF reasserted its role as the premier international organization for international economic corporation. In the wake of the financial crisis, Mr....
Clean Air After the CAIR Decision: Multi-Pollutant Approaches to Controlling Powerplant Emissions
On August 2, 2010, the Environmental Protection Agency (EPA) proposed a new Clean Air Transport Rule to control powerplant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx). When finalized, this rule will replace the Clean Air Interstate Rule (CAIR); CAIR, which was promulgated in May 2005, established a regional cap-and-trade program for SO2 and NOx emissions from electric generating units (EGUs) in 28 eastern states and the District of Columbia. On July 11, 2008, in North Carolina v. EPA, the U.S. Court of Appeals for the D.C. Circuit vacated CAIR, saying that it had “more than...
The Motor Vehicle Supply Chain: Effects of the Japanese Earthquake and Tsunami
The March 2011 Great Tohoku Earthquake and Tsunami devastated the northeast coast of Japan with the most powerful natural disaster in Japan’s modern history. Compounding the challenge for Japanese government, businesses, and communities was the resulting destruction of several nuclear reactors in the region which supplied electricity for homes and industry. Not only was electricity unavailable, but a large area was temporarily evacuated, making rapid reopening of affected industries impossible.
Located in the disaster region and adversely affected by these forces are a number of...
The size of current and projected federal deficits and the accumulation of federal debt are central to current congressional deliberations regarding fiscal reforms. This report provides a broad overview of the federal debt, annual budget deficits, and debt service costs. Federal debt is the accumulated sum of unrepaid borrowing by the federal government over time. The total federal debt consists of debt held by the public and intragovernmental debt. Debt owed to the public represents borrowing from entities other than the federal government, and includes borrowing from state and local...
U.S. Foreign Assistance to Sub-Saharan Africa: The FY2012 Request
Sub-Saharan Africa, the world’s poorest region, receives over a quarter of all U.S. bilateral foreign assistance. Aid to Africa more than quadrupled over the past decade, primarily due to sizable increases in global health spending during the Bush Administration and more measured increases in development, economic, and security assistance. The Obama Administration’s FY2012 bilateral Africa aid budget request, at $7.8 billion, represents an increase of roughly 10% compared to FY2010, albeit at a more restrained growth rate than in previous years (see “The FY2012 Request by the Numbers”)....
Biotechnology in Animal Agriculture: Status and Current Issues
Animal agriculture is being transformed by rapid advances in biotechnology—a term that encompasses a variety of technologies, including genetic engineering (GE), genetic modification, transgenics, recombinant DNA techniques, and cloning, among others. Producers are interested in the application of biotechnology to improve productivity, consistency, and quality; to introduce new food, fiber, and medical products; and to protect the environment. Potential human health applications of transgenic animals include producing biopharmaceuticals and generating organs, tissues, and cells for...
Geospatial Information and Geographic Information Systems (GIS): An Overview for Congress
Geospatial information is data referenced to a place—a set of geographic coordinates—which can often be gathered, manipulated, and displayed in real time. A Geographic Information System (GIS) is a computer data system capable of capturing, storing, analyzing, and displaying geographically referenced information. The federal government and policy makers increasingly use geospatial information and tools like GIS for producing floodplain maps, conducting the census, mapping foreclosures, congressional redistricting, and responding to natural hazards such as wildfires, earthquakes, and...
FEMA's Disaster Declaration Process: A Primer
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (referred to as the Stafford Act - 42 U.S.C. 5721 et seq.) authorizes the President to issue "major disaster" or "emergency" declarations before or after catastrophes occur. Emergency declarations trigger aid that protects property, public health, and safety and lessens or averts the threat of an incident becoming a catastrophic event. A major disaster declaration, issued after catastrophes occur, constitutes broader authority for federal agencies to provide supplemental assistance to help state and local governments,...
The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act; P.L. 111-203) substantially overhauled the U.S. financial regulatory system. Title X of the Dodd-Frank Act, the Consumer Financial Protection Act (CFP Act), established the Bureau of Consumer Financial Protection (CFPB or Bureau) within the Federal Reserve System. The CFP Act alters the consumer financial protection landscape by consolidating regulatory authority and, to a lesser extent, supervisory and enforcement authority in one regulator—the CFPB. The CFP Act empowers the Bureau through: the transfer of...
Japan’s 2011 Earthquake and Tsunami: Food and Agriculture Implications
The March 11, 2011, earthquake and tsunami in Japan caused widespread devastation that affected many of the country’s agricultural and fishery areas. The nuclear crisis that followed at the Fukushima Daiichi Nuclear Plant, and the subsequent detection of radioactive contamination of food produced near the disabled facility, further raised fears about the safety of Japan’s food production systems and its future food exports. Most reports acknowledge that Japan’s current production and supply shortages, along with rising food safety concerns and possible longer-term radiation threats to its...
The 112th Congress is focusing attention on short- and long-term efforts to reduce the federal deficit and stabilize the national debt, including proposals to alter the overall size and composition of total federal spending. Components of the federal budget categorized as “human resources” account for the majority of federal outlays (70% in FY2010) and would be affected by these proposals. Six functional categories comprise the human resources “superfunction”: education, training, employment, and social services; health (primarily Medicaid); Medicare; income security; Social Security; and...
Defense: FY2011 Authorization and Appropriations
The President’s FY2011 budget request, released February 1, 2010, requested authorization of $725.9 billion in new budget authority in the FY2011 National Defense Authorization Act. In addition to $548.9 billion for the regular (non-war) operations of the Department of Defense (DOD), the authorization request included $159.3 billion for ongoing military operations in Afghanistan and Iraq, bringing the total DOD request for FY2011 to $708.2 billion. The request also included $17.7 billion for defense-related activities of the Department of Energy.
The President’s FY2011 DOD appropriations...
U.S. Immigration Policy on Haitian Migrants
The environmental, social, and political conditions in Haiti have long prompted congressional interest in U.S. policy on Haitian migrants, particularly those attempting to reach the United States by boat. While some observers assert that such arrivals by Haitians are a breach in border security, others maintain that these Haitians are asylum seekers following a decades old practice of Haitians coming by boat without legal immigration documents. Migrant interdiction and mandatory detention are key components of U.S. policy toward Haitian migrants, but human rights advocates express concern...
The European Union: Leadership Changes Resulting from the Lisbon Treaty
Changes introduced by the Lisbon Treaty, the European Union’s (EU’s) reform treaty that took effect on December 1, 2009, have a significant impact on EU governance. The EU is an important partner or interlocutor of the United States in a large number of issues, but the complicated institutional dynamics of the EU can be difficult to navigate.
The Lisbon Treaty makes substantial modifications in the leadership of the EU, especially with regard to the European Council, the Council of Ministers, and the EU’s rotating presidency. Every six months, the “EU Presidency” rotates among the 27...
The United States relies on contractors to provide a wide variety of services in Afghanistan and Iraq, including armed security. While DOD has previously contracted for security in Bosnia and elsewhere, it appears that in Afghanistan and Iraq DOD is for the first time relying so heavily on armed contractors to provide security during combat or stability operations. Much of the attention given to private security contractors (PSCs) by Congress and the media is a result of numerous high-profile incidents in which security contractors have been accused of shooting civilians, using excessive...
Deepwater Horizon Oil Spill: Highlighted Actions and Issues
This report highlights actions taken and issues raised as a result of the April 20, 2010, explosion on the Deepwater Horizon offshore drilling rig, and the resulting oil spill in the Gulf of Mexico. Readers can access more extensive discussions in various CRS reports, identified at the end of this report.
Issues Regarding a National Land Parcel Database
The federal government’s efforts to coordinate its geospatial activities, through the Federal Geographic Data Committee (FGDC) and the development of the National Spatial Data Infrastructure (NSDI), include a strong emphasis on land parcel data. Land parcel databases (or cadastres) describe the rights, interests, and value of property. Ownership of land parcels is an important part of the legal, financial, and real estate system of a society. The Department of the Interior’s Bureau of Land Management (BLM) is assigned the role of lead agency coordinating land parcel data for federal lands,...
Department of Defense Contractors in Afghanistan and Iraq: Background and Analysis
The critical role contractors play in supporting military operations in Afghanistan and Iraq necessitates that the Department of Defense (DOD) effectively manage contractors during contingency operations. Lack of sufficient contract management can delay or even prevent troops from receiving needed support and can also result in wasteful spending. Some analysts believe that poor contract management has played a role in permitting abuses and crimes committed by certain contractors against local nationals, which may have undermined U.S. counterinsurgency efforts in Afghanistan and Iraq.
DOD...
Health Insurance Agents and Brokers in the Reformed Health Insurance Market
Health insurance agents and brokers, collectively called “producers” by insurance companies, assist consumers and small employers in choosing and enrolling in health insurance products. Producers are licensed and regulated by the states. Traditionally, the federal government has had no role in regulating producer activities outside of federal programs such as Medicare Advantage. The Patient Protection and Affordable Care Act (P.L. 111-148, PPACA), as amended, creates a limited federal role in developing standards for the use of producers in the health insurance exchanges, which are...
Interior, Environment, and Related Agencies: FY2011 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for agencies within other departmentsincluding the Forest Service within the Department of Agriculture and the Indian Health Service (IHS) within the Department of Health and Human Services. It also includes funding for arts and cultural agencies, the Environmental Protection Agency, and numerous other entities.
The FY2011 appropriation for Interior, Environment, and Related Agencies was $29.67 billion, a reduction of $2.65...
Energy and Water Development: FY2011 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation, the Department of Energy (DOE), and a number of independent agencies.
As with other funding bills, the FY2011 Energy and Water Development bill was not taken to the floor in either the House or the Senate in the 111th Congress. Funding for its programs was included in a series of continuing resolutions, and at the beginning of the 112th Congress was part of a major debate over overall spending levels....
The Individuals with Disabilities Education Act (IDEA): Statutory Provisions and Recent Legal Issues
The Individuals with Disabilities Education Act (IDEA) is the major federal statute for the education of children with disabilities. IDEA both authorizes federal funding for special education and related services and, for states that accept these funds, sets out principles under which special education and related services are to be provided. The requirements are detailed, especially when the regulatory interpretations are considered, and have been the subject of numerous judicial decisions. The key concept in IDEA is the requirement for the provision of a free appropriate public education...
Conservation Reserve Program: Status and Current Issues
The Conservation Reserve Program (CRP), enacted in the 1985 farm bill, provides payments to farmers to take highly erodible or environmentally sensitive cropland out of production for 10 years or more. It is the federal government’s largest private land retirement program. The program is administered by the Farm Service Agency (FSA) of the U.S. Department of Agriculture (USDA), with technical assistance provided by USDA’s Natural Resources Conservation Service. The CRP also has several subprograms, the best-known of which is the Conservation Reserve Enhancement Program (CREP).
The 2008...
This report reviews major policy arguments raised in the congressional debate about the 2007 America COMPETES Act and 2010 reauthorization, examines and analyzes selected policy and funding provisions in these laws, and identifies some potential implementation and oversight issues for Congress.
Bisphenol A (BPA) in Plastics and Possible Human Health Effects
Bisphenol A (BPA) is used to produce certain types of plastic, in thousands of formulations for myriad products. Products made with these plastics may expose people to small amounts of BPA. The most significant source of public exposure is thought to be through food, although other ubiquitous products such as thermal paper coatings, and for some individuals medical devices, such as feeding and breathing tubes, also may contribute significantly to human exposure. Some studies have found that fetal and infant development may be harmed by very small amounts of BPA, but scientists disagree...
“Dear Colleague” Letters: Current Practices
“Dear Colleague” letters are correspondence signed by Members of Congress and distributed to their colleagues. Such correspondence is often used by one or more Members to persuade others to cosponsor, support, or oppose a bill. “Dear Colleague” letters also inform Members about new or modified congressional operations or about events connected to congressional business. A Member or group of Members might send a “Dear Colleague” letter to all of their colleagues in a chamber, to Members of the other chamber, or to a subset of Members, such as all Democrats or Republicans. The use of the...
Congressional Printing: Background and Issues for Congress
Periodically, concerns have been raised about the number and variety of products created to document congressional activity. Other concerns focus on the process for authorizing and distributing printed government documents to Members of Congress, committees, and other officials in the House and Senate. These concerns reflect broader issues related to the manner in which government and private information is created, assembled, distributed, and preserved in light of the emergence of electronic publishing and distribution.
In the 112th Congress, H.R. 292, the Stop the OverPrinting (STOP)...
Humane Treatment of Farm Animals: Overview and Issues
Animal welfare supporters in the United States have long sought legislation to modify or curtail some practices considered by U.S. agriculture to be acceptable or even necessary to animal health. Members of Congress over the years have offered various bills that would affect animal care on the farm, during transport, or at slaughter; several proposals were introduced in the 111th Congress, although no further action was taken on the bills. No bills have been introduced in the 112th Congress. Members of the House and Senate Agriculture Committees generally have expressed a preference for...
Environmental Quality Incentives Program (EQIP): Status and Issues
The Environmental Quality Incentives Program (EQIP) is a voluntary program that provides farmers with financial and technical assistance to plan and implement soil and water conservation practices. EQIP is the largest agriculture conservation financial assistance program for working lands. EQIP was first authorized in 1996 and was most recently revised by Section 2501 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill). It is a mandatory spending program (i.e., not subject to annual appropriations) and is administered by the U.S. Department of Agriculture’s...
Outer Continental Shelf Moratoria on Oil and Gas Development
Moratoria measures for the outer continental shelf (OCS) establish bans or restrictions on oil and gas exploration and development in federal ocean areas. With some exceptions for marine sanctuaries and monuments, no portion of the federal OCS has a permanent moratorium on oil and gas leasing and development. While some areas are under temporary development bans, such as suspensions or moratoria directed by either legislative or executive powers, most of the OCS is free of such restrictions and is considered permissible for offshore leasing activity.
Building the Capacity of Partner States Through Security Force Assistance
Historically, the U.S. military’s Special Operations Forces (SOF) have had primary responsibility for training, advising, and assisting foreign military forces. Today, although this mission has not been completely relegated to conventional forces, the National Security Strategies of the current and previous administrations direct the U.S. military services (Army, Navy, Air Force, Marines) to organize, train, and equip themselves to carry out these activities on a larger scale with conventional (non-SOF) forces. This responsibility in its broad sense of building the capacity of partner...
International Climate Change Financing: Needs, Sources, and Delivery Methods
Many voices, domestic and international, have called upon the United States to increase foreign assistance to address climate change. Proponents maintain that such assistance could help promote low-emissions and high-growth economic development in lower-income countries, while simultaneously protecting the more vulnerable countries from the effects of a changing climate. Recent studies estimate the needs for climate change financing in the developing world to range from US$4 billion to several hundred billion annually by the year 2030. The United States has pledged funds in such fora as...
Osama bin Laden’s Death: Implications and Considerations
The May 1, 2011, killing of Osama bin Laden (OBL) by U.S. forces in Pakistan has led to a range of views about near- and long-term security and foreign policy implications for the United States. Experts have a range of views about the killing of OBL. Some consider his death to be a largely symbolic event, while others believe it marks a significant achievement in U.S. counterterrorism efforts. Individuals suggesting that his death lacks great significance argue that U.S. and allied actions had eroded OBL’s ability to provide direction and support to Al Qaeda (AQ). For these analysts, OBL’s...
Implications of Egypt’s Turmoil on Global Oil and Natural Gas Supply
The change in Egypt’s government will likely not have a significant direct impact on the global oil and natural gas markets. There may be some short-term movements in price, mostly caused by perceived instability in the marketplace, but these would most likely be temporary. However, prolonged instability that raises the specter of spreading to other oil and natural gas producers in the region would likely add to upward price pressures. Although Egypt is considered an energy producer or net exporter overall, its oil and natural gas exports are not large enough to affect regional or global...
The Individuals with Disabilities Education Act (IDEA) is the major federal statute for the education of children with disabilities. IDEA both authorizes federal funding for special education and related services and, for states that accept these funds, sets out principles under which special education and related services are to be provided. The cornerstone of IDEA is the principle that states and school districts make available a free appropriate public education (FAPE) to all children with disabilities. IDEA has been the subject of numerous reauthorizations; the most recent...
Israel’s Offshore Natural Gas Discoveries Enhance Its Economic and Energy Outlook
Israel has been dependent on energy imports since it became a nation in 1948, but the recent offshore natural gas discoveries could change that and possibly make Israel an exporter of natural gas. Development of the recently discovered natural gas fields—Tamar, Dalit, and Leviathan—likely will decrease Israel’s needs for imported natural gas, imported coal, and possibly imported oil. A switch to natural gas would most likely affect electric generation, but could also improve Israel’s trade balance and lessen carbon dioxide emissions. Regionally, Israel’s success thus far has sparked...
Expedited Rescission Bills in the 111th and 112th Congresses: Comparisons and Issues
Under the framework established by the Impoundment Control Act (ICA) of 1974 (P.L. 93-344, 88 Stat. 297), the President may propose to rescind funding provided in an appropriations act by transmitting a special message to Congress and obtaining the support of both houses within 45 days of continuous session. If denied congressional approval during this time period, either by Congress ignoring the presidential rescission request or because one or both houses rejected the proposed rescission, the President must make the funding available to executive agencies for obligation and...
The Construction Sector in the U.S. Economy
The construction sector is a major component of the U.S. economy. During the past decade, construction was a prime beneficiary of low interest rates and the housing-led economic boom, but was also one of the largest casualties of the subsequent financial crisis. Construction spending comprised about 7%-8% of U.S. annual economic output from 1995 to mid-2000, reaching nearly 9% of gross domestic product at the peak of the housing run-up in 2006, before declining to about 5% in 2010. Likewise, construction employment ranged from a low of about 4.6 million during the early 1990s to a high of...
Health Insurance Coverage by State and Congressional District, 2009
Roughly 85% of Americans were covered by health insurance in 2009. The insured were more likely to be white or Asian; more educated; higher income; elderly; and female. The uninsured, about 15% of the population, were more likely to be African American or Hispanic; less educated; lower income; non-elderly adult; and male. In general, the uninsured are more likely to report problems getting needed medical care and to be hospitalized for avoidable health problems.
This report employs the U.S. Census Bureau’s 2009 American Community Survey (ACS) to describe health insurance coverage and...
Côte d’Ivoire Post-Gbagbo: Crisis Recovery
Côte d’Ivoire is emerging from a severe political-military crisis that followed a disputed November 28, 2010, presidential runoff election between former president Laurent Gbagbo and his, former Prime Minister Alassane Ouattara. Both claimed electoral victory and formed opposing governments. Their rivalry spurred a full-scale civil military conflict in early March 2011, after months of growing political violence. Armed conflict largely ended days after Gbagbo’s arrest by pro-Ouattara forces, aided by United Nations (U.N.) and French peacekeepers, but limited residual fighting was...
Energy Tax Policy: Historical Perspectives on and Current Status of Energy Tax Expenditures
Since the 1970s, energy tax policy in the United States has attempted to achieve two broad objectives. First, policymakers have sought to reduce oil import dependence and enhance national security through a variety of domestic energy investment and production tax subsidies. Second, environmental concerns have led to subsidization of a variety of renewable and energy efficiency technologies via the tax code. While these two broad goals continue to guide policy, enacted policies that solely focus on achieving only one of the goals are often inconsistent with policies solely designed to...
Trade Adjustment Assistance for Communities: The Law and Its Implementation
The Trade Adjustment Assistance for Communities (CTAA) grant program was created with the passage of the American Recovery and Reinvestment Act (ARRA) of 2009, P.L. 111-5. Included among the subtitles of Division B of ARRA, was the Trade and Globalization Adjustment Assistance Act (TGAAA) of 2009. The CTAA program, as authorized by ARRA, comprises four subchapters:
Subchapter A—Trade Adjustment Assistance to Communities (CTAA) directs the EDA to provide technical assistance and to award strategic planning and implementation grants to eligible trade-impacted communities.
Subchapter...
U.S. Global Food Security Funding, FY2010-FY2012
The United States currently addresses issues related to global hunger and food security through two primary types of approaches: (1) agricultural development and (2) emergency and humanitarian food aid and assistance. Agricultural development activities, such as the Administration’s Feed the Future initiative and some emergency food assistance programs, are administered primarily by the U.S. Agency for International Development (USAID) using existing authorities provided in the Foreign Assistance Act of 1961, as amended. Funding is provided through the annual Department of State and...
1099 Information Reporting Requirements and Penalties: Recent Legislative Activity
Taxpayers are seen as more likely to report items of income on their tax returns if they know that a third party has reported it to the Internal Revenue Service (IRS); if follows, therefore, that expanding information reporting requirements under the Internal Revenue Code (IRC) can improve the collection of federal tax revenue. However, as those requirements are expanded, those who must comply with the requirements generally will face an increased administrative burden. This tension between the desire to improve tax compliance and the concomitant burden imposed on taxpayers was recently...
Pirate attacks in the waters off Somalia and the Horn of Africa, including those on U.S.-flagged vessels, have brought renewed international attention to the long-standing problem of maritime piracy. According to the International Maritime Bureau (IMB), at least 219 attacks occurred in the region in 2010, with 49 successful hijackings. Somali pirates have attacked ships in the Gulf of Aden, along Somalia’s eastern coastline, and outward into the Indian Ocean. Using increasingly sophisticated tactics, these pirates now operate as far east as the Maldives in good weather, and as far south as...
DC Gun Laws and Proposed Amendments
In the wake of the Supreme Court’s decision in District of Columbia v. Heller, which declared three firearms provisions of the DC Code unconstitutional, a flurry of legislation was introduced both in Congress and in the District of Columbia Council.
In the 110th Congress, the House of Representatives passed H.R. 6842, the Second Amendment Enforcement Act. In the 111th Congress, similar provisions were incorporated as an amendment to the District of Columbia Voting Rights Act of 2009 (S. 160), which was passed by the Senate. Later, separate measures, which also would have overturned or...
Teen Pregnancy Prevention: Background and Proposals in the 111th Congress
The birth rate for teenagers (ages 15 through 19) in the United States increased in 2006 and 2007 after a steady decline since 1991. In 2008 and 2009, the teen birth rate dropped below the 2007 teen birth rate, reversing the two-year upward trend. In 2009, teen births accounted for 10.1% of all U.S. births and 21.4% of all nonmarital births. In recognition of the negative, long-term consequences associated with teenage pregnancy and births, teen pregnancy prevention is a major goal of this nation.
President Obama’s FY2010 and FY2011 budgets supported state, community-based, and faith-based...
State, Foreign Operations, and Related Programs: FY2011 Budget and Appropriations
The annual State, Foreign Operations, and Related Programs appropriations bill has been the primary legislative vehicle through which Congress reviews the U.S. international affairs budget and influences executive branch foreign policy making in recent years, as Congress has not regularly considered these issues through a complete authorization process for State Department diplomatic activities since 2003 and for foreign aid programs since 1985. Funding for Foreign Operations and State Department/Broadcasting programs has been steadily rising since FY2002, after a period of decline in the...
On September 14, 2007, President George W. Bush signed S. 1, the Honest Leadership and Open Government Act of 2007 (P.L. 110-81), into law. The Honest Leadership and Open Government Act (HLOGA) amended the Lobbying Disclosure Act (LDA) of 1995 (P.L. 104-65, as amended) to provide, among other changes to federal law and House and Senate rules, additional and more frequent disclosure of lobbying contacts and activities. This report focuses on changes made to lobbying registration, termination, and disclosure requirements and provides analysis of the volume of registration, termination, and...
The appointment process for advice and consent positions consists of three main stages. The first stage is selection, clearance, and nomination by the President. This step includes preliminary vetting, background checks, and ethics checks of potential nominees. At this stage, the President may also consult with Senators who are from the same party if the position is located in a state. The second stage of the process is consideration of the nomination in the Senate, most of which takes place in committee. Finally, if a nomination is approved by the full Senate, the nominee is given a...
The Federal Workforce: Characteristics and Trends
This report describes the characteristics and trends of the United States federal government workforce, which many consider to reflect the gender, racial, and ethnic diversity of the country as a whole.
The Kaesong North-South Korean Industrial Complex
This purpose of this report is to provide an overview of the role, purposes, and results of the Kaesong Industrial Complex (KIC) and examine U.S. interests, policy issues, options, and legislation. The KIC is a six-year-old industrial park located in the Democratic People’s Republic of Korea (DPRK or North Korea) just across the demilitarized zone from South Korea. As of the end of 2010, over 120 medium-sized South Korean companies were employing over 47,000 North Korean workers to manufacture products in Kaesong. The facility, which in 2010 produced $323 million in output, has the land...
Overview of Health Care Changes in the FY2012 Budget Offered by House Budget Committee Chairman Ryan
On April 5, 2011, House Budget Committee Chairman Paul Ryan released the Chairman’s mark of the FY2012 House budget resolution together with his report entitled “The Path to Prosperity: Restoring America’s Promise,” which outlines his budgetary objectives. On the same day, CBO issued an analysis of the long-term budgetary impact of Chairman Ryan’s budget proposal based on specifications provided by House Budget Committee staff. The House Budget Committee considered and amended the Chairman’s mark on April 6, 2011, and voted to report the budget resolution to the full House. H.Con.Res. 34...
Military Construction: Analysis of the President’s FY2012 Appropriations Request
President Barack Obama submitted his Fiscal Year (FY) 2012 request for appropriations to Congress on Monday, February 14, 2012. At the time, the federal government was operating under the fourth FY2011 continuing appropriation. Congress is currently considering H.R. 1473, the eighth continuing appropriation.
This report explains those government activities funded under the military construction appropriation, examines trends in military construction funding over the past few years, and outlines military construction issues extant in each of the major regions of U.S. military activity.
As...
FY2011 Appropriations in Budgetary Context
The 112th Congress is considering H.R. 1473, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, which would fund the federal government’s discretionary programs for the remainder of FY2011, which began on October 1, 2010. H.R. 1473 represents a last-minute compromise reached on April 8, the eve of the expiration of the sixth short-term continuing resolution (CR) enacted to date. The current CR (H.R. 1373/P.L. 112-8) provides funding until April 15, 2011. If further funding is not provided, much of the federal government would be shut down.
The difficulty in...
Leasing and Selling Federal Lands and Resources: Receipts and Their Disposition
Many laws have been enacted over the past century authorizing the sale or lease of lands or resources by the federal land management agencies—the Bureau of Land Management, National Park Service (NPS), and Fish and Wildlife Service (FWS) in the U.S. Department of the Interior (DOI) and the Forest Service (USFS) in the U.S. Department of Agriculture (USDA). The receipts from these leases and sales have been used for many purposes, including for local economic development, to recover some or all of the operating and capital costs, or to fund land management activities. In its legislative...
This report provides a broad, but by no means exhaustive, survey of federal statutes that specifically refer to race, gender, or ethnicity as factors to be considered in the administration of any federal program. Such measures may include, but are not limited to, goals, timetables, set-asides, quotas, priorities, and preferences, as those terms are generally (however imperfectly) understood. Based on searches of the LEXIS/NEXIS and WESTLAW legal databases using a variety of search strategies, the compilation seeks to be as comprehensive as possible. With certain noted exceptions, the...
France: Factors Shaping Foreign Policy, and Issues in U.S.-French Relations
The factors that shape French foreign policy have changed since the end of the Cold War. The perspectives of France and the United States have diverged in some cases. More core interests remain similar. Both countries’ governments have embraced the opportunity to build stability in Europe through an expanded European Union (EU) and NATO. Each has recognized that terrorism and the proliferation of weapons of mass destruction are the most important threats to their security today.
Several factors shape French foreign policy. France has a self-identity that calls for efforts to spread French...
The Congressional Research Service and the American Legislative Process
The Library of Congress, as its name suggests, is a library dedicated to serving the United States Congress and its Members. It serves additionally as an unexcelled national library. The Library was located in the Capitol Building with the House of Representatives and the Senate until 1897, and its collections always have been available for use by Congress.
Building upon a concept developed by the New York State Library and then the Wisconsin legislative reference department, Wisconsin’s Senator Robert LaFollette and Representative John M. Nelson led an effort to direct the establishment...
Disaster Relief Funding and Emergency Supplemental Appropriations
This report describes the various components of the DRF, including (1) what authorities have shaped it over the years; (2) how FEMA determines the amount of the appropriation requested to Congress (pertaining to the DRF); and (3) how emergency supplemental appropriations are requested. In addition to the DRF, information is provided on funds appropriated in supplemental appropriations legislation to agencies other than the Department of Homeland Security (DHS). Aspects of debate concerning how disaster relief is budgeted are also highlighted and examined, and alternative budgetary options...
Child Support Enforcement and Driver’s License Suspension Policies
The Child Support Enforcement (CSE) program is a federal-state program whose mission is to enhance the well-being of children by helping custodial parents obtain financial support for their children from the noncustodial parent. Child support payments enable parents who do not live with their children to fulfill their financial responsibility to their children by contributing to the payment of childrearing costs. As a condition of receiving federal CSE funds, Congress requires each state to have in effect laws requiring the use of a specified list of collection/enforcement procedures to...
Public Financing of Congressional Campaigns: Overview and Analysis
To critics, public campaign financing, generally in conjunction with spending limits, is the ultimate solution to perceived problems arising from ever-growing costs of campaigns and the accompanying need for privately donated campaign funds. Public financing supporters maintain that replacing private funds with public money would most effectively reduce potentially corrupting influence from “interested” money. On the other hand, opponents of public financing question whether real or apparent corruption from private fundraising is as serious a problem as critics claim. They also argue that...
Turkey-U.S. Defense Cooperation: Prospects and Challenges
Congress and the Obama Administration are seeking to manage longstanding bilateral and North Atlantic Treaty Organization (NATO)-based defense cooperation with Turkey at a time when a more independent Turkish foreign policy course and changes in regional security conditions are creating new challenges for both countries. Defense cooperation rooted in shared threat perceptions from the Cold War era and built on close U.S. ties with the Turkish military leadership now must be reconciled with a decline of the military’s political influence in Turkish society and some negative turns in Turkish...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2011 Appropriations
President Obama requested a total of $123.7 billion for FY2011 for the Department of Transportation, the Department of Housing and Urban Development, and the related agencies that are funded through the annual Transportation, Housing and Urban Development, and Related Agencies Appropriations (THUD) act. This request represented an increase of approximately $1.6 billion (1.3%) over the $122.1 billion provided in the FY2010 THUD appropriations act.
During the second session of the 111th Congress, the House passed an FY2011 THUD appropriations bill (H.R. 5850) that would have provided $126.4...
Nepal: Political Developments and Bilateral Relations with the United States
Nepal has undergone a radical political transformation since 2006, when a 10-year armed struggle by Maoist insurgents, which claimed at least 13,000 lives, officially came to an end. The country’s king stepped down in 2006, and two years later Nepal declared itself a republic, electing a Constituent Assembly in 2008 to write a new constitution, which is currently being drafted. Though the process of democratization has had setbacks and been marked by violence at times, Nepal has conducted reasonably peaceful elections, brought former insurgents into the political system, and in a broad...
Judicial Discipline Process: An Overview
The current statutory structure with respect to complaints against federal judges and judicial discipline was enacted on November 2, 2002, as the Judicial Improvements Act of 2002, P.L. 107-273, 28 U.S.C. §§ 351-364. These provisions are applicable to federal circuit judges, district judges, bankruptcy judges, and magistrate judges. They do not apply to the Justices of the U.S. Supreme Court. The U.S. Court of Federal Claims, the Court of International Trade, and the Court of Appeals for the Federal Circuit are each directed to prescribe rules consistent with these provisions to address...
Veterans Affairs: The Appeal Process for Veterans' Claims
This report discusses the appeal process for veterans who are denied veteran's affairs claims. It ends with discussion of legislation considered in the 111th Congress to modify the process.
Tort Suits Against Federal Contractors: An Overview of the Legal Issues
This report provides an overview of key legal issues that have been raised to date in recent tort suits against government contractors. Most of these issues pertain to jurisdiction, or the court’s power over the parties or subject matter of the case. A number of cases are pending that could affect courts’ treatment of the issues discussed here.
Analysis of an Estimate of the Total Costs of Federal Regulations
Some policy makers have expressed an interest in measuring total regulatory costs and benefits (e.g., the Congressional Office of Regulatory Analysis Creation and Sunset and Review Act of 2011, H.R. 214, 112th Congress), and estimates of total regulatory costs have been cited in support of regulatory reform legislation (e.g., H.R. 10, the Regulations from the Executive In Need of Scrutiny (REINS) Act, H.R. 10, 112th Congress). However, measuring total costs and benefits is inherently difficult. This report examines one such study to illustrate the complexities of this type of analysis.
A...
Privacy Protections for Personal Information Online
There is no comprehensive federal privacy statute that protects personal information. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal information and has been addressed by Congress on a sector-by-sector basis. Federal laws and regulations extend protection to consumer credit reports, electronic communications, federal agency records, education records, bank records, cable subscriber information, video rental records, motor vehicle records, health information, telecommunications subscriber information, children’s online information, and...
The Law of Church and State: Public Aid to Sectarian Schools
A recurring issue in constitutional law concerns the extent to which the Establishment Clause of the First Amendment imposes constraints on the provision of public aid to private sectarian schools. The U.S. Supreme Court’s past jurisprudence construed the clause to impose severe restrictions on aid given directly to sectarian elementary and secondary schools but to be less restrictive when given to colleges or indirectly in the form of tax benefits or vouchers. The Court’s later decisions loosened the constitutional limitations on both direct and indirect aid.
This report gives a brief...
The Japanese Nuclear Incident: Technical Aspects
Japan’s nuclear incident has engendered much public and congressional concern about the possible impact of radiation on the Japanese public, as well as possible fallout on U.S. citizens. This report provides information on technical aspects of the nuclear incident, with reference to human health.
While some radioactive material from the Japanese incident may reach the United States, it appears most unlikely that this material will result in harmful levels of radiation. In traveling thousands of miles between the two countries, some radioactive material will decay, rain will wash some out...
Locally Operated Levees: Issues and Federal Programs
Locally operated levees and the federal programs that assist and accredit them are receiving increasing congressional attention. Congressional authorization of the National Flood Insurance Program (NFIP), managed by the Federal Emergency Management Agency (FEMA), expires on September 30, 2011. The pending reauthorization has increased congressional awareness of the link between the condition of locally operated levees, FEMA’s Flood Insurance Rate Maps (FIRMs) and levee accreditation (which determine which NFIP requirements and premiums apply in an area), and programs providing federal...
The Second Amendment: An Overview of District of Columbia v. Heller and McDonald v. City of Chicago
In District of Columbia v. Heller, the Supreme Court of the United States ruled in a 5-4 decision that the Second Amendment to the Constitution of the United States protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that firearm for traditionally lawful purposes, such as self-defense within the home. The decision in Heller affirmed the decision of the Court of Appeals for the District of Columbia, which declared three provisions of the District of Columbia’s Firearms Control Regulation Act unconstitutional. The provisions specifically...
Legal Standing Under the First Amendment’s Establishment Clause
The Establishment Clause of the First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting an establishment of religion.” The Establishment Clause prohibits government actions that would provide preferential treatment of one religion over another or preferential treatment of religion generally over nonreligion. Alleged violations under the Establishment Clause must meet a threshold requirement known as standing, the legal principle that governs whether an individual is the proper party to raise an issue before the courts.
Standing is a constitutional...
Actual Innocence and Habeas Corpus: In re Troy Davis
In re Davis presented the Supreme Court with another opportunity to decide whether a state death row inmate, who on the basis of newly available evidence establishes that he is actually innocent, is entitled to habeas corpus relief to prevent his execution. Under existing law, newly discovered evidence of innocence may permit a federal court to consider an inmate’s claim (otherwise barred) that his conviction or sentence was the product of constitutional error (constitutional error plus innocence). The Court has never held that a freestanding claim of innocence may alone suffice. On two...
Labor, Health and Human Services, and Education: FY2011 Appropriations
This report tracks FY2011 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and 14 related agencies. The report summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
President Obama requested $172 billion in discretionary L-HHS-ED funds for FY2011, compared to $165 billion provided in the FY2010 Consolidated Appropriations Act (P.L. 111-117, Division D). The House L-HHS-ED Appropriations Subcommittee...
Within the past two years, the House of Representatives has conducted impeachment investigations into the conduct of two sitting federal judges: Samuel B. Kent, district court judge for the Southern District of Texas, and G. Thomas Porteous, Jr., district court judge for the Eastern District of Louisiana. In both cases, the House Judiciary Committee recommended the adoption of articles of impeachment. On June 19, 2009, Judge Kent was impeached on charges that he sexually abused court employees and obstructed a federal investigation into sexual abuse allegations against him. On March 11,...
Railroad Access and Competition Issues
Beginning in the late 1970s, Congress gave railroads flexibility to set rates and to enter into confidential contracts with their customers. Over the last decade, large railroads have consolidated and, particularly in recent years, have achieved higher profitability. These changes have left some bulk shippers, particularly those that claim to be “captive” to a single railroad, frustrated with what they perceive as poor rail service and exorbitant rates. “Captive shippers” claim that the railroad serving them acts like a monopoly—charging excessively high rates and providing less service...
Duty to Disclose to Shareholders: Matrixx Initiatives v. Siracusano
On January 10, 2011, the U.S. Supreme Court heard oral arguments in the case Matrixx Initiatives v. Siracusano. The question presented was whether a plaintiff can state a claim under Section 10(b) of the Securities Exchange Act and Securities and Exchange Commission (SEC) Rule 10b-5 based upon a pharmaceutical company’s nondisclosure of adverse event reports, despite the lack of an allegation that the reports are statistically significant. On March 22, 2011, the Court unanimously held that the plaintiffs in this case had stated a claim under Section 10(b) and rule 10b-5.
The case was first...
U.S. Oil Imports: Context and Considerations
This report discusses U.S. oil imports and trade deficit. Other policy considerations by congress are discussed in this brief.
The ADA Amendments Act Definition of Disability: Final EEOC Regulations
The ADA Amendment Act (ADAAA), P.L. 110-325, was enacted in 2008 to amend the Americans with Disabilities Act (ADA) definition of disability. On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the ADAAA. The final regulations track the statutory language of the ADA but also provide several clarifying interpretations. Several of the major regulatory interpretations are, including the operation of major bodily functions in the definition of major life activities; adding rules of construction for when an impairment substantially limits...
District of Columbia Opportunity Scholarship Program: Implementation Status and Policy Issues
The Consolidated Appropriations Act for FY2004 (P.L. 108-199), which combined six appropriations bills—including the FY2004 District of Columbia Appropriations Act—authorized and appropriated funding for the Opportunity Scholarship program, a federally funded school voucher program, for the District of Columbia. It also provided funding for the District of Columbia Public Schools (DCPS) for the improvement of public education and the State Education Office for public charter schools. The provision of federal funds for DCPS, public charter schools, and vouchers is commonly referred to as...
Diversity Immigrant Visa Lottery Issues
The purpose of the diversity immigrant visa lottery is, as the name suggests, to encourage legal immigration from countries other than the major sending countries of current immigrants to the United States. Current law weights the allocation of immigrant visas heavily toward aliens with close family in the United States and, to a lesser extent, toward aliens who meet particular employment needs. The diversity immigrant category was added to the Immigration and Nationality Act (INA) by the Immigration Act of 1990 (P.L. 101-649) to stimulate “new seed” immigration (i.e., to foster new, more...
The Changing Demographic Profile of the United States
The United States, the third most populous country globally, accounts for about 4.5% of the world’s population. The U.S. population—currently estimated at 308.7 million persons—has more than doubled since its 1950 level of 152.3 million. More than just being double in size, the population has become qualitatively different from what it was in 1950. As noted by the Population Reference Bureau, “The U.S. is getting bigger, older, and more diverse.” The objective of this report is to highlight some of the demographic changes that have already occurred since 1950 and to illustrate how these...
Chapter 9 of the U.S. Bankruptcy Code: “Municipal Bankruptcy”
As cities and states have experienced varying degrees of financial difficulties in recent years, “municipal bankruptcy” has been mentioned relatively often in the popular press. The term is somewhat misleading, both in the word “municipal” and in the word “bankruptcy.”
Many people think only of cities when they hear the word “municipal.” Upon learning that in the context of the U.S. Bankruptcy Code the term means more than just cities, some think that states may use the provisions of the Bankruptcy Code for municipal debtors: chapter 9. However, states are currently not eligible to be...
District of Columbia Representation: Effect on House Apportionment
Two proposals (H.R. 157/S. 160, District of Columbia House Voting Rights Act of 2009) were introduced in the 111th Congress to provide for voting representation in the U.S. House of Representatives for the residents of the District of Columbia (DC). H.R. 157/S. 160, for purposes of voting representation, treated the District of Columbia as if it were a state, giving a House seat to the District, but restricting it to a single seat under any future apportionments. The bills also increased the size of the House to 437 members from 435, and gave the additional seat to the state that would...
The Bureau of Reclamation’s Aging Infrastructure
The Bureau of Reclamation (Reclamation) is responsible for the construction of most of the large irrigation and water resources infrastructure in the West. These water resource facilities are dispersed throughout 17 western states and have an original development cost of more than $21 billion. Most of Reclamation’s infrastructure has an average age of over 50 years. This aging infrastructure requires increased maintenance and replacement efforts and expenditures. Reclamation estimates that the total cost for upgrades at all of its facilities exceeds $3 billion.
Reclamation has a documented...
Collective Bargaining and Employees in the Public Sector
Faced with distressed state budgets and lower revenue, many governors and state legislatures have focused on the collective bargaining rights of public employees as a way to control expenses. Legislation that would limit such rights has reportedly been introduced in at least 22 states. In general, the sponsors of such legislation contend that unionized state and local employees enjoy unsustainable salaries and benefits as a result of collective bargaining.
According to the Bureau of Labor Statistics, 26.8% of all federal employees are members of a union. A slightly higher percentage of...
“State Representation” in Appointments to Federal Circuit Courts
When a seat becomes vacant on a federal court of appeals (the “circuit courts”), the President has the opportunity to nominate a new judge for the Senate’s consideration. Geography is often a factor in the decision, particularly whether the new judge will be nominated from the same state as the predecessor. One scholar refers to the custom of maintaining state continuity in seats within a court (e.g., a “Missouri seat” or an “Ohio seat”) as “state representation.” Federal statutes currently require that judges “reside” in the circuit at the time of appointment and while in active service,...
Operation Odyssey Dawn (Libya): Background and Issues for Congress
This report provides an overview of military operations in Libya under U.S. command from March 19 to March 29, 2011, and the most recent developments with respect to the transfer of command of military operations from the United States to NATO on March 30.
The ongoing uprising in Libya against the government of Muammar al Qadhafi has been the subject of evolving domestic and international debate about potential international military intervention, including the proposed establishment of a no-fly zone over Libya. On March 17, 2011, the United Nations Security Council adopted Resolution...
Supreme Court Appellate Jurisdiction over Military Court Cases
Military courts, authorized by Article I of the U.S. Constitution, have jurisdiction over cases involving military servicemembers, including, in some cases, retired servicemembers. They have the power to convict for crimes defined in the Uniform Code of Military Justice (UCMJ), including both uniquely military offenses and crimes with equivalent definitions in civilian laws. For example, in United States v. Stevenson, military courts prosecuted a retired serviceman for rape, a crime often tried in civilian courts.
The military court system includes military courts-martial; a Criminal Court...
Iraq’s Debt Relief: Procedure and Potential Implications for International Debt Relief
This report discusses the Iraqi debt problem in three parts: [1] overview of the Iraq debt situation following the ouster of the Saddam regime; [2] subsequent debt relief negotiations and their resolution; [3] possible implications for future debt relief cases that arise from Iraq's experience. The implications are: a willingness by the international community to grant a stay on the enforcement of creditor rights; an increased flexibility in Paris Club debt relief decisions; and an unwillingness by successor regimes to claim that their debt is odious and repudiate it.
This report discusses legislation enacted by the 111th Congress to address funding, operations, and benefit appeal procedures within the U.S. Court of Appeals for Veteran Claims (CAVC).
Medical Malpractice Liability Reform: Legal Issues and 50-State Surveys on Tort Reform Proposals
Medical malpractice liability is governed by state law, but Congress has the power, under the Commerce Clause of the U.S. Constitution (Art. I, § 8, cl. 3), to enact tort reform laws that would affect actions for medical malpractice liability brought under state law. In the 112th Congress, H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act was introduced by Representative Phil Gingrey on January 24, 2011, and was marked up on February 9 and 16, 2011, by the House Committee on the Judiciary. This bill would preempt state law with respect to certain aspects of...
Federal Tax Withholding in 2011: Selected Issues for the 112th Congress
Over the first few weeks of 2011, many employed, self-employed, and retired individuals from the public and private sectors discovered that the amount withheld from their paychecks and pension payments for federal income and employment taxes was larger or smaller than the amount that was withheld in 2010.
This report is intended to help Members of the 112th Congress and their staff respond to questions from constituents about the reasons for the withholding changes. It examines the two main reasons for the changes: the Making Work Pay tax credit (MWPTC) that was available in 2009 and 2010...
Non-Governmental Organizations Activities in North Korea
A number of non-governmental organizations (NGOs)—non-profit, charitable institutions—have been active in North Korea since the mid-1990s. Although their work is relatively limited in scope, it is of interest to U.S. policy-makers because of the deep isolation of the regime in Pyongyang. Several American and international NGOs have provided assistance to North Korea in humanitarian relief, development, health, informal diplomacy, science, communication and education. A relatively recent trend is that a growing number of NGOs, particularly in South Korea, are run by or have North Korean...
Clean Energy Standard: Design Elements, State Baseline Compliance and Policy Considerations
During his State of the Union speech on January 25, 2011, President Obama announced an energy goal for the country: “By 2035, 80% of America’s electricity will come from clean energy sources.” The White House, on February 3, 2011, released a Clean Energy Standard (CES) framework focused on U.S. electricity generation. The framework describes the fundamental goals and objectives of such a policy to include doubling clean electricity, sustaining and creating jobs, and driving clean energy innovation.
Congress, if it chooses to take up CES legislation, will likely sort through and evaluate a...
Veterans Affairs Beneficiary Travel Program: Questions and Answers
The Department of Veterans Affairs administers a Travel Beneficiary Program to help alleviate the costs of travel to medical appointments for eligible veterans. Travel benefit eligibility for veterans is based on either the characteristics of the veteran, the type of medical appointment, or a combination of the two. Certain people who are not veterans, including family members or others accompanying veterans to appointments and organ donors, are also eligible for the benefit. Travel costs are reimbursed to beneficiaries, usually after a deductible. Costs covered by the program include a...
In February 2011, the Obama Administration released a report, “Reforming America’s Housing Finance Market,” setting out several options for the future of housing finance. In the past, the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac have played a crucial role in government support for the mortgage market. In 2008, however, both firms were taken over by the government and have received government life support since then. Fannie and Freddie continue to provide funds for mortgage lending, at a time when private capital has largely exited the market and not yet returned,...
House Rules Changes in the 112th Congress Affecting Floor Proceedings
On the first day of the 112th Congress, the House agreed to H.Res. 5, which made six changes to House Rules affecting floor proceedings.
H.Res. 5 added a new paragraph to House Rule XII that prohibits a Member from introducing a bill or joint resolution unless it is accompanied by a statement citing “as specifically as practicable” powers granted to Congress in the Constitution to take the action proposed in the legislation. The new Rule further requires that the statements appear in the Congressional Record and be made available in electronic form. The content of the statement is not...
Treatment of Noncitizens Under the Patient Protection and Affordable Care Act
The 111th Congress enacted the Patient Protection and Affordable Care Act (P.L. 111-148, PPACA), and amended it a week later by passing the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152). (PPACA refers to P.L. 111-148 as amended by P.L. 111-152.) On January 19, 2011, the House passed H.R. 2, which would repeal PPACA. It is possible that the 112th Congress will examine other legislation to amend parts of PPACA. One issue that may arise during any debate to amend provisions in PPACA is the eligibility of aliens (noncitizens) for some of the key provisions of the act....
Impact on the Federal Budget of Freezing Non-Security Discretionary Spending
This report examines the impact on the federal budget of the President’s proposals, specifically the proposed freeze in non-security discretionary spending and how the freeze might change the fiscal outlook over the 10-year budget window.
Value-Added Tax (VAT) as a Revenue Option: A Primer
This report summarizes issues, arguments, and concerns relevant to a value-added tax (VAT).
Should the United States Levy a Value-Added Tax for Deficit Reduction?
This report discusses the levying of a value-added tax (VAT), a broad-based consumption tax, to potentially assist in resolving United States fiscal problems. It considers the experiences of the 29 nations with value-added taxes (VATs) in the 30-member Organization for Economic Cooperation and Development (OECD) which are relevant to the feasibility and operation of a possible U.S. VAT.
Funeral Protests: Selected Federal Laws and Constitutional Issues
The Westboro Baptist Church (WBC or Church) has been protesting military funerals for a number of years. The Church has gained national attention as a result. Its primary message is that God hates the United States and is punishing the country for its tolerance of homosexuality. The Church chooses to protest the funerals of fallen soldiers to make the point that in their opinion soldiers are dying as part of God’s retribution for this country’s sins. Though it began protesting military funerals, it has since branched out to funerals of fire fighters, police officers, and other public...
Conflicts of Interest in Derivatives Clearing
The financial crisis implicated the over-the-counter (OTC) derivatives market as a source of systemic risk. In the wake of the crisis, lawmakers sought to reduce systemic risk to the financial system by regulating this market. One of the reforms that Congress introduced in the Dodd-Frank Act (P.L. 111-203) was mandatory clearing of OTC derivatives through clearinghouses, in an effort to remake the OTC market more in the image of the regulated futures exchanges. Clearinghouses require traders to put down cash or liquid assets, called margin, to cover potential losses and prevent any firm...
Sergeant at Arms and Doorkeeper of the Senate: Legislative and Administrative Duties
The Sergeant at Arms of the Senate is an officer of the Senate with protection, security, decorum, protocol, and administrative responsibilities. The Sergeant at Arms is elected by the membership of the Senate. As the Senate’s chief law enforcement officer, the Sergeant at Arms is responsible for security in the Senate wing of the Capitol, the Senate office buildings, and on adjacent grounds.
As the chief of protocol of the Senate, the Sergeant at Arms performs ceremonial functions that fall within his jurisdiction through custom and precedent. In carrying out these duties, the Sergeant...
U.S. and EU Agricultural Support: Overview and Comparison
The European Union (EU) is one of the United States’ chief agricultural trading partners but also a major competitor in world markets. Both the United States and the EU provide significant government support for their agricultural sectors. According to the Organization for Economic Cooperation and Development (OECD), in 2009 the EU and the United States together accounted for 60% of all government support to agriculture among the major developed economies.
In the United States, federal farm policy has traditionally focused on price and/or income support programs concentrated on row crops...
The Role of the Senate in Judicial Impeachment Proceedings: Procedure, Practice, and Data
During the 111th Congress, for the first time in over 30 years, the House of Representatives was confronted with the task of investigating and impeaching not one, but two, federal judges. After the House fulfilled its constitutional responsibility as the chamber with the “sole Power of Impeachment,” the Senate was faced with executing its constitutional responsibility to “try all Impeachments.” One of these judges, Samuel B. Kent of the Southern District of Texas, resigned before the Senate could complete his trial. The second, Judge G. Thomas Porteous, Jr., of the Eastern District of...
Federal Rulemaking: The Role of the Office of Information and Regulatory Affairs
The Paperwork Reduction Act of 1980 created the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). Executive Order 12291, issued by President Reagan in 1981, gave OIRA the responsibility to review the substance of agencies’ regulatory actions before publication in the Federal Register. The office’s regulatory review role was initially highly controversial, and it has been criticized at different times as being both too active and too passive regarding agencies’ rules. Although OIRA has a number of specific statutory responsibilities (e.g.,...
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, and public accommodation and services operated by private entities. Since the 106th Congress, legislation has been introduced to require plaintiffs to provide notice to the defendant prior to filing a complaint regarding public accommodations. In the 112th Congress, H.R. 881 was introduced by Representative Hunter to amend Title III of the ADA to require notification.
Puerto Rican Statehood: Effects on House Apportionment
For years, the people of the Commonwealth of Puerto Rico have been involved in discussions relating to changing the political status of Puerto Rico from a commonwealth of the United States to either the 51st state or an independent nation, or maintaining the status quo as a commonwealth.
In the 111th Congress, H.R. 2499, introduced by Representative Pedro Pierluisi, would have established procedures to determine Puerto Rico’s political status. It would have authorized a two-stage plebiscite in Puerto Rico to reconsider the status issue. H.R. 2499 was similar to H.R. 900 as introduced in...
Educational Assistance Programs Administered by the U.S. Department of Veterans Affairs
This report provides a detailed description of the six educational assistance programs that are available to veterans or other eligible individuals through the Department of Veterans Affairs (VA). Although the programs are administered by the VA, some of the funding for the programs is provided by the Department of Defense (DOD), which transfers monies from its education trust fund to the VA for disbursement.
Veterans Affairs: A Preliminary Analysis of the FY2012 Appropriations Request
The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans who meet certain eligibility criteria. These benefits and services include hospital and medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance as well as traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses.
This report provides a preliminary analysis of the President’s budget request for FY2012 for the...
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement
Article I, Section 7, clause 1 of the U.S. Constitution is known as the Origination Clause because it provides that “All Bills for raising Revenue shall originate in the House of Representatives.” The meaning and application of this clause has evolved through practice and precedent since the Constitution was drafted.
The Constitution does not provide specific guidelines as to what constitutes a “bill for raising revenue.” This report analyzes congressional and court precedents regarding what constitutes such a bill. The precedents and practices of the House apply a broad standard and...
Forest Management for Resilience and Adaptation
U.S. forests are primarily temperate forests, often with relatively few species dominating over wide areas. Such forests respond and adapt to an array of environmental factors—sunlight levels and duration, temperature, precipitation, and a multitude of disturbances (e.g., fires, pests, and storms)—and these factors could be further altered by long-term shifts in natural climate variability and climate change. Many domestic forests are already under stress from drought, severe wildfires, and insect epidemics. Changing conditions and disturbances could diminish the goods and services that...
The Marines’ Expeditionary Fighting Vehicle (EFV): Background and Issues for Congress
The Expeditionary Fighting Vehicle (EFV) is an armored amphibious vehicle program that originated two decades ago to replace the 1970s-era Amphibious Assault Vehicle (AAV). Like current AAVs, the EFV is designed to roll off a Navy amphibious assault ship, move under its own power to the beach, and cross the beach and operate inland. The EFV has experienced a variety of developmental difficulties, resulting in significant program delays and cost growth. The EFV is currently in its second systems design and development (SDD) phase attempting to improve the EFV’s overall poor reliability and...
In response to the rising number of home mortgage foreclosures the 110th Congress passed the Housing and Economic Recovery Act of 2008 (HERA), P.L. 110-289. Title III (Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes) of HERA authorized the creation of the Neighborhood Stabilization Program (NSP-1). Using the administrative framework of the Community Development Block Grant (CDBG) program, a total of $3.92 billion was allocated to 307 recipients, including all 50 states, Puerto Rico, insular areas, and qualifying local governments. Funds were awarded by formula...
The Strategic Petroleum Reserve and Refined Product Reserves: Authorization and Drawdown Policy
Congress authorized the Strategic Petroleum Reserve (SPR) in the Energy Policy and Conservation Act (EPCA, P.L. 94-163) to help prevent a repetition of the economic dislocation caused by the 1973-1974 Arab oil embargo. The Department of Energy (DOE) manages the SPR, which comprises five underground storage facilities, solution-mined from naturally occurring salt domes in Texas and Louisiana. The Energy Policy Act of 2005 (EPAct) authorized SPR expansion to a capacity of 1 billion barrels, but physical expansion of the SPR has not proceeded beyond 727 million barrels—its inventory at the...
Administering Green Programs in Congress: Issues and Options
This report discusses "green" programs and the higher profile they have gained since the 110th Congress. "Green" programs are those designed to create an environmentally friendly work environment and conserve energy. This report discusses initiatives and policy options that would improve the "greening" process on Capitol Hill.
Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2011
From 1789 through 2009, the President submitted to the Senate 160 nominations for positions on the Supreme Court. Of these nominations, 148 received action on the floor of the Senate, and 124 were confirmed. On August 5, 2010, the Senate confirmed the nomination of Solicitor General Elana Kagan to be an Associate Justice of the Supreme Court, making her the 124th Justice on the Court.
The forms of proceeding by which the Senate considered the 148 nominees to reach the floor break down relatively naturally into five patterns over time. First, from 1789 through about 1834, the Senate...
Liability and Compensation Issues Raised by the 2010 Gulf Oil Spill
The 2010 Deepwater Horizon incident produced the largest oil spill that has occurred in U.S. waters, releasing more than 200 million gallons into the Gulf of Mexico. BP has estimated the combined oil spill costs—cleanup activities, natural resource and economic damages, potential Clean Water Act (CWA) penalties, and other obligations—will be approximately $41 billion.
The Deepwater Horizon oil spill raised many issues for policymakers, including the ability of the existing oil spill liability and compensation framework to respond to a catastrophic spill. This framework determines (1) who...
Instances of Use of United States Armed Forces Abroad, 1798-2010
This report lists hundreds of instances in which the United States has used its armed forces abroad in situations of military conflict or potential conflict or for other than normal peacetime purposes. The listing contains references, especially from 1980 forward, to continuing military deployments such as U.S. military participation in multinational operations associated with NATO or the United Nations.
International Criminal Court and the Rome Statute: 2010 Review Conference
ICC Review Conference and U.S. Engagement
The International Criminal Court (ICC, or Court) was established in 2002 as the first permanent court to prosecute war crimes, crimes against humanity, and genocide (together, “ICC crimes”). Pursuant to a provision in the Statute of the International Criminal Court (“Rome Statute” or “Statute”), the States Parties to the Rome Statute agreed to review the Court’s activities seven years after its establishment. In compliance with this provision, the States Parties convened a Review Conference in Kampala, Uganda, May 31–June 11, 2010.
After declining...
Trade in Services: The Doha Development Agenda Negotiations and U.S. Goals
The United States and the other 153 members of the World Trade Organization (WTO) have been conducting a set or “round” of negotiations called the Doha Development Agenda (DDA) since the end of 2001. The DDA’s main objective is to refine and expand the rules by which WTO members conduct foreign trade with one another. A critical element of the DDA round is the negotiations pertaining to foreign trade in services. Trade in services has been covered under multilateral rules only since 1995 with the entry into force of the General Agreement on Trade in Services (GATS) and of the Uruguay Round...
The Individuals with Disabilities Education Act (IDEA): Private Schools
The Individuals with Disabilities Education Act (IDEA) is a grants and civil rights statute which provides federal funding to the states to help provide education for children with disabilities. If a state receives funds under IDEA, it must make available a free, appropriate public education (FAPE) for all children with disabilities in the state. Education for children with disabilities in private schools is included in IDEA, but the requirements of the statute for children in private schools are not always the same as the requirements for children with disabilities in public...
Taxation of Private Equity and Hedge Fund Partnerships: Characterization of Carried Interest
General partners in most private equity and hedge funds are compensated in two ways. First, to the extent that they contribute their capital in the funds, they share in the appreciation of the assets. Second, they charge the limited partners two kinds of annual fees: a percentage of total fund assets (usually in the 1% to 2% range), and a percentage of the fund’s earnings (usually 15% to 25%, once specified benchmarks are met). The latter performance fee is called “carried interest” and is treated, or characterized, as capital gains under current tax rules. In the 112th Congress, the...
Middle East and North Africa Unrest: Implications for Oil and Natural Gas Markets
Political unrest in the Middle East and North Africa (MENA) has contributed to higher oil prices and added instability to energy markets. Supply disruptions and fears about the possible spread of unrest to major exporters have pushed prices higher. Even if the crisis abates, some risk premium may persist to the degree that market participants fear such an event could occur again.
Higher oil prices can negatively impact the economies of oil importing countries. The cost of oil is the primary determinant of gasoline prices and prices of other petroleum products; increased costs can be a...
The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures which, according to the Legislative Information System of the U.S. Congress (LIS), received action on the House floor in...
Fact Sheet: The FY2012 State and Foreign Operations Budget Request
This fact sheet provides a brief overview of the Obama Administration's request for International Affairs programs.
War in Afghanistan: Strategy, Operations, and Issues for Congress
In the aftermath of the terrorist attacks of September 11, 2001, the United States launched and led military operations in Afghanistan in order to end the ability of the Taliban regime to provide safe haven to al Qaeda and to put a stop to al Qaeda’s use of the territory of Afghanistan as a base of operations for terrorist activities. Many observers argue that in succeeding years, as U.S. and world attention shifted sharply to the war in Iraq, the Afghan war became the “other war” and suffered from neglect. The Obama Administration, however, has made the war in Afghanistan a higher...
Terrorist Use of the Internet: Information Operations in Cyberspace
The Internet is used by international insurgents, jihadists, and terrorist organizations as a tool for radicalization and recruitment, a method of propaganda distribution, a means of communication, and ground for training. Although there are no known reported incidents of cyberattacks on critical infrastructure as acts of terror, this could potentially become a tactic in the future.
There are several methods for countering terrorist and insurgent information operations on the Internet. The federal government has organizations that conduct strategic communications, counterpropaganda, and...
Previewing Dairy Policy Options for the Next Farm Bill
Financial stress encountered by dairy farmers in recent years has led Congress and the industry to reconsider how to deal with fluctuations in milk prices and financial prospects for dairy farmers. Some Members have voiced interest in alternatives to current federal programs (which expire in 2012). Alternative policies could either be incorporated into the next omnibus farm bill or enacted separately before expiration.
The dairy industry is currently developing or advocating a variety of policy changes. All of the proposals discussed in this report—loosely categorized as either supply...
How Local Election Officials View Election Reform: Results of Three National Surveys
Local election officials (LEOs) are critical to the administration of federal elections and the implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252). Three surveys of LEOs were performed by academic institutions in collaboration with the Congressional Research Service. Although care needs to be taken in interpreting the results, they may have implications for several policy issues, such as how election officials are chosen and trained, the best ways to ensure that voting systems and election procedures are sufficiently effective, secure, and voter-friendly, and whether...
Adaptive Management for Ecosystem Restoration: Analysis and Issues for Congress
Adaptive management is the process of incorporating new scientific and programmatic information into the implementation of a project or plan to ensure that the goals of the activity are being reached efficiently. It promotes flexible decision-making to modify existing activities or create new activities if new circumstances arise (e.g., new scientific information) or if projects are not meeting their goals.
The complex and dynamic nature of ecosystems make their restoration and management amenable to an adaptive management approach, and the concept is being implemented at scales that...
The Title I-A program of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act (NCLB; P.L. 107-110), is the largest source of federal funding for elementary and secondary education. States that receive Title I-A funding must comply with certain requirements related to measuring student achievement by using state-level standards and assessments. The standards and assessment requirements adopted in the NCLB have resulted in vast growth in and demand for new types of assessment products. Estimates of annual expenditures on NCLB-required assessments...
Oil and Natural Gas Industry Tax Issues in the FY2012 Budget Proposal
The Obama Administration, in the FY2012 budget proposal, seeks to eliminate certain tax expenditures that benefit the oil and natural gas industries. Supporters of these tax provisions see them as comparable to those affecting other industries and supporting the production of domestic oil and natural gas resources. Opponents of the provisions see these tax provisions as subsidies for a profitable industry the government can ill afford, and impediments to the development of clean energy alternatives.
The FY2012 budget proposal outlines a set of proposals, framed in terms of deficit...
This report provides a basic overview of various statutory presumptions that help veterans substantiate a service-connected claim for disability compensation.
Now expired, Section 1207 of the National Defense Authorization Act (NDAA) for Fiscal Year 2006 (P.L. 109-163) provided authority for the Department of Defense (DOD) to transfer to the State Department up to $100 million per fiscal year in defense articles, services, training or other support for reconstruction, stabilization, and security activities in foreign countries. From FY2006 through FY2010, Section 1207 funded $445.2 million in projects in 23 countries on a bilateral basis and in five countries on a multilateral basis (including one also funded bilaterally). Section 1207 authority...
Federal Employee Benefits and Same-Sex Partnerships
This report examines the current policies on the application of benefits to same-sex partners and reviews the policy debate on extending benefits to same-sex partners. This report is about federal benefits for same-sex partners and not about same-sex relationships in general.
Characteristics of Individuals With and Without Health Insurance, 2009
Almost 51 million people, or 16.7% of the U.S. population, had no health insurance for at least some of 2009. In fact, the aggregate uninsurance rate over the past decade was never less than 13.4%. Individuals living in poorer families, young adults between ages 19 and 25, and Hispanics were especially likely to be uninsured. On the other hand, individuals over 65, who are almost always eligible for Medicare, were the least likely to be uninsured. An extensive body of research suggests that those without health insurance are more likely to face worse health outcomes than those with...
The U.S. Trade Deficit, the Dollar, and the Price of Oil
This report analyzes the relationship between the dollar and the price of oil and how the two might interact. This report provides an assessment of the impact a range of prices of imported oil could have on the U.S. trade deficit.
The 2010 Oil Spill: MMS/BOEMRE and NEPA
This report reviews the environmental procedures required following the explosion of an oil well on a tract leased by BP from the federal government.
Trade Promotion Authority and the U.S.-South Korea Free Trade Agreement
On June 30, 2007, U.S. and South Korean officials signed the Korea Free Trade Agreement (KORUS FTA) for their respective countries. It is one of three free trade agreements currently awaiting submission to Congress for approval and implementing legislation. In June 2010, the Obama Administration announced plans to seek Congress’s approval for the KORUS FTA after first engaging in talks with South Korea over U.S. concerns with the agreement as signed, particularly over its provisions involving market access for U.S. autos. The results of these talks are memorialized in three February 10,...
U.S. Immigration Policy on Temporary Admissions
U.S. law provides for the temporary admission of various categories of foreign nationals, who are known as nonimmigrants. Nonimmigrants are admitted for a designated period of time and a specific purpose. They include a wide range of visitors, including tourists, foreign students, diplomats, and temporary workers. There are 24 major nonimmigrant visa categories. These visa categories are commonly referred to by the letter and numeral that denotes their subsection in the Immigration and Nationality Act (INA); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B...
Amendments Between the Houses: A Brief Overview
The House and Senate must approve an identical version of a measure before it can be presented for the President’s approval or veto. If the House and Senate approve differing versions of a measure, the differences must first be resolved. One way to do this is through an exchange of amendments between the houses.
When the House or Senate passes a measure, it is sent to the other chamber for further consideration. If the second chamber passes the measure with one or more amendments, it is then sent back to the originating chamber. In modern practice, the second chamber often substitutes its...
U.S. Global Climate Change Policy: Evolving Views on Cost, Competitiveness, and Comprehensiveness
The nature of greenhouse gas (GHG) emissions (particularly carbon dioxide (CO2) emissions) makes their control difficult to integrate with the U.S economy and traditional U.S. energy policy. Despite the obvious interrelationship between energy policy and greenhouse gas (GHG) emissions, the United States has struggled to integrate the two. For a country that has traditionally used its relatively cheap supply of energy to substitute for more expensive labor and capital costs to compete internationally, this linkage is particularly strong, as witnessed by the nation’s high GHG emissions per...
Fundraising for Presidential Libraries: Recent Legislative and Policy Issues for Congress
In recent Congresses, some Members have expressed concern about the lack of information surrounding private fundraising for presidential libraries. Those calling for additional regulation argue that more transparency could reduce potential conflicts of interest surrounding library contributions. Contributions from foreign sources have also been the subject of debate.
Federal law and regulation are largely silent on contributions to presidential libraries. Contributions to library fundraising organizations may be unlimited and can come from any otherwise lawful source. In addition,...
Veterans Affairs: Basic Eligibility for Disability Benefit Programs
This report examines the eligibility criteria and the fundamentals of the Department of Veterans Affairs-administered disability benefit programs and related issues. It supplements and condenses the relevant materials that are available from the VA and its website. It also provides specific citations for further information and more in-depth analysis of information contained herein.
Sexual Violence in African Conflicts
Civilians in Africa’s conflict zones—particularly women and children, but also men—are often vulnerable to sexual violence, including rape, assault, mutilation, and sexual slavery. This violence is carried out by a range of actors, including government security forces, rebel groups, militias, and criminal organizations. Some abuses appear to be opportunistic, the product of a larger breakdown in the rule of law and social order that may occur amid conflict. In other cases, attacks appear to be carried out systematically by combatants as a strategic tool to intimidate and humiliate civilian...
Medical Malpractice Insurance and Health Reform
As a policy area, concerns about medical malpractice typically involve issues related to the market for physician liability insurance, the prevalence of malpractice in the health care system, and the resolution of malpractice complaints through the tort system. This report focuses primarily on the private insurance market. Medical malpractice liability insurance has attracted congressional attention numerous times over the past decades, particularly in the midst of three “crisis” periods in the mid-1970s, the mid-1980s, and the early 2000s. These periods were marked by sharp increases in...
The Regulatory Flexibility Act: Implementation Issues and Proposed Reforms
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. §§601-612) requires federal agencies to assess the impact of their forthcoming regulations on “small entities” (i.e., small businesses, small governments, and small not-for-profit organizations). For example, the act requires the analysis to describe why a regulatory action is being considered; the small entities to which the rule will apply and, where feasible, an estimate of their number; the projected reporting, recordkeeping, and other compliance requirements of the rule; and any significant alternatives to the rule that would...
The FDA Food Safety Modernization Act (P.L. 111-353)
The 111th Congress passed comprehensive food safety legislation in December 2010 (the FDA Food Safety Modernization Act, or FSMA, P.L. 111-353). Although numerous agencies share responsibility for regulating food safety, this newly enacted legislation focused on foods regulated by the Food and Drug Administration (FDA) and amended FDA’s existing structure and authorities, in particular via the Federal Food, Drug, and Cosmetic Act (FFDCA; 21 U.S.C. §§ 301 et seq.). The new law does not directly affect activities at the U.S. Department of Agriculture (USDA), which oversees the safety of most...
Public Health and Medical Emergency Management: Issues in the 112th Congress
Key recent events—the 2001 terrorist attacks, Hurricane Katrina, and the H1N1 influenza (“flu”) pandemic, among others—sharpened congressional interest in the nation’s ability to respond to health threats. For the response to health emergencies, most authority resides with state and local governments, and most capacity resides in the private sector. The federal government plays a key role, however, providing numerous forms of assistance for planning and preparedness, as well as for response and recovery. Previous Congresses passed a number of laws intended to establish clear federal...
The Deepwater Horizon Oil Spill and the Gulf of Mexico Fishing Industry
On April 20, 2010, the Deepwater Horizon oil drilling rig was destroyed by an explosion and fire, and the oil well began releasing oil into the Gulf of Mexico. The oil spill caused significant economic harm to the Gulf fishing industry because of fishery closures and consumer concerns related to the safety of Gulf seafood. Intermediate and long-term concerns are related to impacts on marine populations and degradation of fisheries habitat necessary for spawning, development of early life stages, and growth.
The closing and opening of fishing grounds has involved a tradeoff between...
Selected Theories of Constitutional Interpretation
The United States Constitution, as amended, is a complex legal document which sets out the structure of the federal government, the legal authorities of that government (and, to a lesser extent, state governments), and, finally, a series of legal disabilities on the exercise of those authorities (such as protections for individual rights). The document also addresses the complicated legal relationship between the federal government, state governments, and the persons subject to their respective jurisdictions. Judicial interpretation of some of the Constitution’s provisions, however, has...
FY2011 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing military operations in Iraq and Afghanistan, along with the emerging operational role of the Reserve Components, further heighten interest in a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on the House-passed and Senate versions of the National Defense Authorization Act for FY2011. This report provides a brief synopsis of sections that...
Foreign Aid Reform, National Strategy, and the Quadrennial Review
Several development proponents, nongovernmental organizations (NGOs), and policymakers have pressed Congress to reform U.S. foreign aid capabilities to better address 21st century development needs and national security challenges. Over the past 50 years, the legislative foundation for U.S. foreign aid has evolved largely by amending the Foreign Assistance Act of 1961 (P.L. 87-195), the primary statutory basis for U.S. foreign aid programs, and enacting separate freestanding laws to reflect specific U.S. foreign policy interests. Many describe U.S. aid programs as fragmented, cumbersome,...
The Family and Medical Leave Act: Current Legislative Activity
This report offers a brief overview of the major features of the Family and Medical Leave Act(FMLA) and its regulations. The various proposals made to amend the Act since its inception are then categorized and discussed. It closes with a review of legislative activity.
Empowerment Zones (EZs), Enterprise Communities (ECs), and Renewal Communities (RCs) are federally designated geographic areas characterized by high levels of poverty and economic distress, where businesses and local governments may be eligible to receive federal grants and tax incentives. Congress remains interested in these programs to revitalize selected areas affected by unemployment and a decline in economic activity, despite increased concern over the size and sustainability of the long-term budget outlook.
The objective of this report is to provide a comparative overview of the...
United Nations Peacekeeping: Issues for Congress
A major issue facing the United Nations, the United States, and the 111th Congress is the extent to which the United Nations has the capacity to restore or keep the peace in the changing world environment. Associated with this issue is the expressed need for a reliable source of funding and other resources for peacekeeping and improved efficiencies of operation.
For the United States, major congressional considerations on U.N. peacekeeping stem from executive branch commitments made in the U.N. Security Council. The concern with these commitments, made through votes in the Council, is the...
The Market for Biomass-Based Diesel Fuel in the Renewable Fuel Standard (RFS)
The market for biomass-based diesel (BBD) fuel, most notably biodiesel, has expanded rapidly since 2004, largely driven by federal policies, especially tax credits and a mandate for their use under the federal Renewable Fuel Standard (RFS). Most expect that the majority of the BBD fuel quota in the RFS will be met using biodiesel produced from soybean oil. Biodiesel from other feedstocks, and other biomass-based substitutes (e.g., synthetic diesel from cellulosic feedstocks or algae) could play a larger role in the future, although currently these other alternatives are prohibitively...
Social Security: The Notch Issue
Some Social Security beneficiaries who were born from 1917 to 1921—the so-called notch babies—believe they are not receiving fair Social Security benefits. (The Social Security Administration (SSA) and a 1994 commission on the notch issue define the notch period as 1917 to 1921, though some advocates define the period as 1917 to 1926.) The notch issue resulted from legislative changes to Social Security during the 1970s. The 1972 Amendments to the Social Security Act first established cost-of-living adjustments (COLAs) for Social Security. This change was intended to adjust benefits for...
A policymaker making a decision on approving a program may face the questions, What are the tradeoffs? What alternatives are foregone by committing resources to that program? This issue has been sharpened in environmental, health, and safety policy because studies indicate that some programs are more cost-effective than others, suggesting that redirecting resources from less efficient to more effective programs would increase overall national economic welfare.
Actually making implied tradeoffs has proved difficult, however. One reason is continuing controversy over methods for evaluating...
Industrial Demand and the Changing Natural Gas Market
The U.S. industrial demand for natural gas has been the largest of the five demand sectors identified by the Energy Information Administration (EIA). It also has been the only sector that has exhibited a decline in its total consumption over the decade of the 2000s. Some have attributed this decline in demand to high, fluctuating natural gas prices.
Rising natural gas prices in the 2000s were related to expectations of increased demand coupled with an apparently scarce resource base and declining production. In recent years, the perception of increasing scarcity and the need to open the...
Conversion from the National Security Personnel System to Other Pay Schedules: Issues for Congress
Most federal employees (59.1%) are paid on the General Schedule (GS), a pay scale that consists of 15 pay grades in which an employee’s pay increases are to be based on performance and length of service. Some Members of Congress, citizens, and public administration scholars have argued that federal employee pay advancement should be more closely linked to job performance than it currently is on the GS. With these concerns in mind and with explicit congressional authorization, the Department of Defense (DOD) began developing the National Security Personnel System (NSPS) in 2003 as a unique...
Legislative, Executive, and Judicial Officials: Process for Adjusting Pay and Current Salaries
Leaders and Members of the Senate and the House of Representatives, the Vice President, individuals in positions on the Executive Schedule (EX), and federal justices and judges—all hereafter referred to as federal officials—are to receive an annual pay adjustment under the Ethics Reform Act of 1989, P.L. 101-194 (103 Stat. 1716, at 1769, 5 U.S.C. §5318 note). The percentage change in the wages and salaries for the private industry workers element of the Employment Cost Index (ECI), minus 0.5% (December indicator), provides the basis for the pay adjustment. In January 2011, the Vice...
Salary Linkage: Members of Congress and Certain Federal Executive and Judicial Officials
The salaries of Members of Congress, certain high-level federal officials (those paid at Level II of the Executive Schedule (EX)), and certain federal Justices and judges have, until recently, generally been in parity for many years. The Ethics Reform Act of 1989 provides for annual pay adjustments to be established for the Members, the Vice President, federal officials paid under the EX Schedule, and federal Justices and judges. The act also requires a Citizens’ Commission on Public Service and Compensation and the President to recommend salaries in parity for these federal government...
Export-Import Bank: Background and Legislative Issues
The Export-Import Bank of the United States (Ex-Im Bank), an independent federal government agency, is the official export credit agency of the United States. It helps finance American exports of manufactured goods and services, with the objective of contributing to the employment of U.S. workers, primarily in circumstances when alternative financing is not available. Ex-Im Bank also may assist U.S. exporters to meet foreign, officially sponsored, export credit competition. Ex-Im Bank's main programs are direct loans, loan guarantees, working capital guarantees, and export credit...
Faith-Based Funding: Legal Issues Associated with Religious Organizations That Receive Public Funds
Beginning in 1996, Congress enacted several pieces of legislation that included provisions that have become known as charitable choice rules. Included in legislation for various federally funded social service programs, charitable choice rules were aimed at ensuring that faith-based organizations could participate in federally funded social service programs like other nongovernmental providers. The rules allow religious organizations to receive public funding to offer social services without abandoning their religious character or infringing on the religious freedom of program...
U.S.-Latin America Trade: Recent Trends and Policy Issues
Trade is one of the more enduring issues in contemporary U.S.-Latin America relations. Latin America is far from the largest U.S. regional trade partner, but historically is the fastest-growing one. Between 1998 and 2009, total U.S. merchandise trade (exports plus imports) with Latin America grew by 82% compared to 72% for Asia (driven largely by China), 51% for the European Union, 221% for Africa, and 64% for the world. Mexico composed 11.7% of total U.S. merchandise trade in 2009 and is the largest Latin American trade partner. It accounted for 58% of the region’s trade with the United...
The European Union’s Reform Process: The Lisbon Treaty
The Lisbon Treaty, the latest institutional reform treaty of the European Union (EU), went into effect on December 1, 2009. The document was signed by the heads of state or government of the 27 EU member countries in December 2007. The process of completing ratification by each individual member country lasted nearly two years, concluding with ratification by the Czech Republic on November 3, 2009. The Lisbon Treaty reforms the EU’s governing institutions and decision-making process to enable the EU to operate more effectively. The treaty grew out of the proposed “constitutional treaty”...
Federal Efforts to Address the Threat of Bioterrorism: Selected Issues and Options for Congress
Reports by congressional commissions, the mention of bioterrorism in President Obama’s 2010 State of the Union address, and issuance of executive orders have increased congressional attention to the threat of bioterrorism. Federal efforts to combat the threat of bioterrorism predate the anthrax attacks of 2001 but have significantly increased since then. The U.S. government has developed these efforts as part of and in parallel with other defenses against conventional terrorism. Continued attempts by terrorist groups to launch attacks targeted at U.S. citizens have increased concerns that...
Legal Issues Associated with the Development of Carbon Dioxide Sequestration Technology
In the last few years there has been a surge in interest in the geologic sequestration of carbon dioxide (CO2), a process often referred to as carbon capture and storage, or carbon capture and sequestration (CCS), as a way to mitigate man-made CO2 emissions and thereby help address climate change concerns. The Energy Independence and Security Act of 2007 (P.L. 110-140) contains measures to promote research and development of CCS technology, to assess sequestration capacity, and to clarify the framework for issuance of CO2 pipeline rights-of-way on public land. Other legislative proposals...
Nuclear Arms Control: The Strategic Offensive Reductions Treaty
On May 24, 2002, President Bush and Russia’s President Putin signed the Strategic Offensive Reductions Treaty (known as the Moscow Treaty). It mandated that the United States and Russia reduce their strategic nuclear weapons to between 1,700 and 2,200 warheads by December 31, 2012. The U.S. Senate gave its advice and consent to ratification on March 6, 2003; the Russian Parliament did the same on May 14, 2003. The treaty entered into force on June 1, 2003, and lapsed on February 5, 2011, when the New START Treaty entered into force.
Russia entered the negotiations seeking a “legally...
The United States Flag: Federal Law Relating to Display and Associated Questions
This report presents, verbatim, the United States “Flag Code” as found in Title 4 of the United States Code and the section of Title 36 which designates the Star-Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The “Flag Code” includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The “Code” also grants to the President the authority to modify the rules governing...
Accountability Issues and Reauthorization of the Elementary and Secondary Education Act
Federal policies aiming to improve the effectiveness of schools have historically focused largely on inputs, such as supporting teacher professional development, class-size reduction, and compensatory programs or services for disadvantaged students. Over the last two decades, however, interest in developing federal policies that focus on student outcomes has increased. Most recently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal...
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, P.L. 111-203, has as its main purpose financial regulatory reform. Titles III and VI effectuate changes in the regulatory structure governing depository institutions and their holding companies and, thus, constitute a substantial component of the reform effort. Under Title III, there will no longer be a single regulator of federal and state-chartered savings associations, also known as thrifts or savings and loan associations. Title III abolishes the Office of the Thrift Supervision (OTS) and contains extensive...
Insurance Regulation: Federal Charter Legislation
Insurance is one of three primary sectors of the financial services industry. Unlike the other two, banks and securities, insurance is primarily regulated at the state, rather than federal, level. The primacy of state regulation dates back to 1868 when the Supreme Court found in Paul v. Virginia (75 U.S. (8 Wall.) 168 (1868)) that insurance did not constitute interstate commerce, and thus did not fall under the powers granted the federal government in the Constitution. In 1944, however, the Court cast doubt on this finding in United States v. South-Eastern Underwriters Association (322...
Several federal statutes, notably the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA), address the rights of individuals with disabilities to education. Although there is overlap, particularly with Section 504 and the ADA, each statute plays a significant part in the education of individuals with disabilities, and is of interest to Congress both in preparing for the reauthorization of IDEA and in oversight of recent amendments to the ADA. IDEA, enacted in 1975, is both a grants statute and civil rights...
Public Display of the Ten Commandments and Other Religious Symbols
Over the past few decades, the U.S. Supreme Court has issued several decisions regarding public displays of religious symbols. Although a few of these cases have involved temporary religious holiday displays, the more recent cases have involved permanent monuments of religious symbols, specifically the Ten Commandments. In 1980, the Supreme Court held in Stone v. Graham that a Kentucky statute requiring the posting of a copy of the Ten Commandments on the wall of each public school classroom in the state had no secular legislative purpose and was therefore unconstitutional. The Court did...
Changing Postal ZIP Code Boundaries
The 112th Congress may address issues related to the application and modification of ZIP Codes. This report assists members in addressing concerns about the use of ZIP Codes as well as offers an overview of the boundary review process that can lead to changes in ZIP Code assignment.
Since the ZIP Code system for identifying address locations was devised in the 1960s, some citizens have wanted to change the ZIP Codes to which their addresses have been assigned. Because ZIP Codes are often not aligned with municipal boundaries, millions of Americans have mailing addresses in neighboring...
Chief Administrative Officer of the House: History and Organization
The Chief Administrative Officer of the House of Representatives (CAO) is an elected officer of the House, chosen at the beginning of each Congress. The office of the CAO consists of three divisions: the immediate office of the CAO, operations, and customer solutions. Together, these divisions oversee human resources, financial services, technology infrastructure, procurement, facilities management, and other House support functions. An office initially created at the beginning the 104th Congress (1995-1996), the CAO assumed the duties previously performed by the Director of...
Lebanon: Background and U.S. Relations
Lebanon is a religiously diverse country transitioning toward independence and democratic consolidation after a ruinous civil war and the subsequent Syrian and Israeli occupations. The United States and Lebanon have historically enjoyed a good relationship due in part to cultural and religious ties; the democratic character of the state; a large Lebanese American community in the United States; and the pro-western orientation of Lebanon, particularly during the Cold War. Current policy priorities of the United States include strengthening the weak democratic institutions of the state,...
Military Personnel and Freedom of Religion: Selected Legal Issues
The First Amendment of the U.S. Constitution provides the freedom to individuals to exercise their religious beliefs without governmental interference, and simultaneously prohibits government actions that benefit followers of one faith over another. At times, when government actions would otherwise burden individuals’ religious exercise, the government makes efforts to accommodate the religious practice. However, accommodation of religion to prevent violations of the Free Exercise Clause must be carefully considered in order to prevent violation of the Establishment Clause.
The tension...
Prospects for Democracy in Hong Kong: The 2012 Election Reforms
Support for the democratization of Hong Kong has been an element of U.S. foreign policy for over 17 years. The Hong Kong Policy Act of 1992 (P.L. 102-383) states, “Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997” (the date of Hong Kong’s reversion to China). The Omnibus Appropriations Act of 2009 (P.L. 111-8) provides at least $17 million for “the promotion of democracy in the People’s Republic of China, Hong Kong, and Taiwan...
Indonesia: Domestic Politics, Strategic Dynamics, and U.S. Interests
With a population of 240 million, Indonesia is the largest country in Southeast Asia and the most populous Muslim-majority nation in the world. Its size, its emerging democracy and economic vibrancy, and its strategic position across critical sea lanes linking the Middle East with East Asia have led many to consider it an emerging middle-tier power. The U.S. maintains close relations with Indonesia, with considerable security, economic, and trade ties, although human rights concerns about the Indonesian armed forces have long been a thorn in the relationship.
In the 12 years since a...
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
This report identifies and examines selected changes that the Post-9/11 Veterans Educational Assistance Act of 2008 makes to the Post-9/11 GI Bill and other GI Bills, including expanded eligibility.
The federal government spent almost $708 billion in FY2009 on programs for low-income people, and nearly $578 billion the previous year. The increased spending between the two years was largely due to the recession, with almost two-thirds coming from the American Recovery and Reinvestment Act (ARRA, P.L. 111-5), the economic stimulus enacted in February 2009.
Low-income programs discussed in this report are distinct from social insurance programs, such as Social Security or Medicare, which aim to protect American workers universally against lost wages or benefits when they retire, become...
Safe Drinking Water Act (SDWA): Selected Regulatory and Legislative Issues
Much progress has been made in assuring the quality of public water supplies since the Safe Drinking Water Act (SDWA) was first enacted in 1974. Public water systems must meet extensive regulations, and water utility management has become a much more complex and professional endeavor. The Environmental Protection Agency (EPA) has regulated some 91 drinking water contaminants, and more regulations are pending. In 2007, the number of community water systems reporting no violations of drinking water standards was 89.5%. Despite nationwide progress in providing safe drinking water, an array of...
The Obama Administration's Open Government Initiative: Issues for Congress
This report reviews the objectives delineated in President Obama's Open Government Initiative (OGI) and examines the expectations placed on agencies to meet these objectives. This report reviews department and agency attempts to implement Obama Administration initiatives that seek to make the federal government more transparent, participatory, and collaborative. The report then analyzes options for congressional action in this area.
Currency Manipulation: The IMF and WTO
Congress has been concerned, for many years, with the possible impact that currency manipulation has on international trade. The International Monetary Fund (IMF) has jurisdiction for exchange rate questions. The World Trade Organization (WTO) is responsible for the rules governing international trade. The two organizations approach the issue of “currency manipulation” differently. The IMF Articles of Agreement prohibit countries from manipulating their currency for the purpose of gaining unfair trade advantage, but the IMF cannot force a country to change its exchange rate policies. The...
Campaign Finance: Potential Legislative and Policy Issues for the 111th Congress
This report provides an overview of selected campaign finance policy issues that may receive, or have received, attention during the 111th Congress. Congress continues to consider the Supreme Court’s January 21, 2010, ruling in Citizens United v. Federal Election Commission. The decision has shaped much of the legislative debate on campaign finance issues during the second session of the 111th Congress. Thus far, most congressional attention responding to the ruling has focused on the DISCLOSE Act (H.R. 5175; S. 3295; S. 3628). H.R. 5175 passed the House on June 29, 2010. On a related...
The Future of NASA: Space Policy Issues Facing Congress
The National Aeronautics and Space Administration Authorization Act of 2010 (P.L. 111-267) authorized major changes of direction for NASA. Among these, it called for the development of a new, crew-capable, heavy-lift rocket, and it provided for the development of commercial services to transport NASA crews into low Earth orbit. However, under the Continuing Appropriations Act, 2011 (P.L. 111-242 as amended by P.L. 111-322), NASA continues to operate under a requirement to proceed with its previous human spaceflight program. Moreover, in a period of fiscal constraint, it is unclear whether...
Climate Change and the EU Emissions Trading Scheme (ETS): Looking to 2020
The European Union’s (EU) Emissions Trading Scheme (ETS) is a cornerstone of the EU’s efforts to meet its obligation under the Kyoto Protocol. It covers more than 10,000 energy intensive facilities across the 27 EU Member countries; covered entities emit about 45% of the EU’s carbon dioxide emissions. A “Phase 1” trading period began January 1, 2005. A second, Phase 2, trading period began in 2008, covering the period of the Kyoto Protocol. A Phase 3 will begin in 2013 designed to reduce emissions by 21% from 2005 levels.
Several positive results from the Phase 1 “learning by doing”...
Changes in Airport Passenger Screening Technologies and Procedures: Frequently Asked Questions
This report contains answers to numerous questions regarding airport passenger screening.
Health Insurance: State High Risk Pools
In an effort to expand the options for health coverage, 35 states have established high risk health insurance pools. These programs target individuals who cannot obtain or afford health insurance in the private market, primarily because of preexisting health conditions. Also, many states use their high risk pools to comply with the portability and guaranteed availability provisions of the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191).
In general, state high risk pools tend to enroll a small percentage of the uninsured. In December 2009, approximately 208,000...
Waste, Fraud, and Abuse in Agency Travel Card Programs
Since the enactment of the Travel and Transportation Reform Act (TTRA) of 1998 (P.L. 105-264), which required federal employees to use travel charge cards to pay for the expenses of official government travel, the dollar volume of travel card transactions has increased significantly, growing from $4.39 billion in FY1999 to $8.93 billion in FY2009. While the purpose of mandating the use of travel cards was to reduce costs and improve managerial oversight of employee travel expenditures, audits of agency travel card programs conducted since the enactment of the TTRA have found varying...
Upcoming Rules Pursuant to the Dodd-Frank Act: Fall 2010 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons and in a variety of ways. The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, July 21, 2010, hereafter the “Dodd-Frank Act”) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 300 provisions in the act that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming Dodd-Frank Act rules is by reviewing the Unified Agenda of Federal...
Al Qaeda and Affiliates: Historical Perspective, Global Presence, and Implications for U.S. Policy
Al Qaeda (AQ) has evolved into a significantly different terrorist organization than the one that perpetrated the September 11, 2001, attacks. At the time, Al Qaeda was composed mostly of a core cadre of veterans of the Afghan insurgency against the Soviet Union, with a centralized leadership structure made up mostly of Egyptians. Most of the organization’s plots either emanated from the top or were approved by the leadership. Some analysts describe pre-9/11 Al Qaeda as akin to a corporation, with Osama Bin Laden acting as an agile chief executive officer issuing orders and soliciting...
This report compares the current federally-supported medical screening and treatment program offered to various persons affected by the terrorist attacks of September 11, 2001, with the federal program established by Title I of P.L. 111-347, the James Zadroga 9/11 Health and Compensation Act of 2010.
Federal Crime Control Issues in the 111th Congress
States and localities have traditionally been responsible for preventing and controlling domestic crime. As crime rates continued to increase throughout the 1960s, 1970s, and 1980s, the federal government increased its involvement in crime control efforts. Over a period of 10 years (1984-1994), Congress passed five major anti-crime bills and increased appropriations for federal assistance to state and local law enforcement agencies. Since the 9/11 terrorist attacks, federal law enforcement efforts have been focused on countering terrorism and maintaining homeland security. Amid these...
The Servicemembers Civil Relief Act (SCRA): A Private Cause of Action
Congress has long recognized the need to protect the legal interests of servicemembers whose service to the nation may compromise their ability to meet specified commercial and financial obligations. The purpose of the Servicemembers Civil Relief Act (SCRA) is to provide for, strengthen, and expedite the national defense by protecting servicemembers, enabling them to “devote their entire energy to the defense needs of the Nation.” The SCRA protects servicemembers by temporarily suspending certain judicial and administrative proceedings and transactions that may adversely affect their legal...
The Motion to Recommit in the House of Representatives: Effects and Recent Trends
When the House considers legislation, one of the last steps it takes is to consider a motion to recommit. The motion to recommit represents the last chance of the House to affect a measure. In practice, that means either to offer amendatory language or to send the bill back to committee.
The motion to recommit is typically offered after the previous question has been ordered on a measure, but before the House votes on final passage. Preference in recognition for offering a motion to recommit is given to a member of the minority party who is opposed to the bill. It is not in order for the...
The Uninsured by State and Congressional District
The total U.S. civilian non-institutionalized population in 2009 was estimated to be slightly more than 301 million of whom 15.1%, or 45.5 million, were estimated by the American Community Survey to be without health insurance or uninsured. The uninsured are far more likely than those with health insurance to report problems getting needed medical care, less likely to follow recommended treatments because of costs, have less access to care, receive less preventive care, and are more likely to be hospitalized for avoidable health problems. Moreover, it is widely believed that the uninsured,...
Medicare Provisions in the Patient Protection and Affordable Care Act (PPACA): Summary and Timeline
Medicare is a federal program that pays for covered health services for most persons 65 years old and older and for most permanently disabled individuals under the age of 65. The rising cost of health care, the impact of the aging baby boomer generation, and declining revenues in a weakened economy continue to challenge the program’s ability to provide quality and effective health services to its 47 million beneficiaries in a financially sustainable manner.
On March 23, 2010, the President signed into law H.R. 3590, the Patient Protection and Affordable Care Act (PPACA; P.L. 111-148), as...
A History of Federal Estate, Gift, and Generation-Skipping Taxes
This report details the history of the three federal transfer taxes, tracing their development from their 18th-century roots to the present.
The National Response Framework: Overview and Possible Issues for Congress
In response to the terrorist attacks of September 11, 2001, Congress and President Bush moved to consolidate numerous federal emergency plans into a single, unified national response plan. The end product of these efforts was the National Response Plan (NRP), which established broad lines of authority for agencies responding to emergencies and major disasters.
Perceived problems with the implementation of the NRP during Hurricane Katrina led Congress to enact the Post-Katrina Management Reform Act (P.L. 109-295) to integrate preparedness and response authorities. The legislation directed...
Corporate-Owned Life Insurance (COLI): Insurance and Tax Issues
Life insurance policies taken out by and payable to companies on their employees, directors, officers, owners, and debtors are commonly known as corporate-owned life insurance (COLI) policies. (COLI is also known as company-owned life insurance.) Such policies are separate and distinct from typical group life insurance policies offered to many employees as an employment benefit. In general, only the company, not the employee’s family or other beneficiary, receives any benefit from a COLI policy. In some cases, employees or their families have no knowledge of any policy being taken out....
Neglected Tropical Diseases: Background, Responses, and Issues for Congress
Over the past decade, global health has become a priority in U.S. foreign policy, and U.S. funding for related efforts has more than tripled. Neglected tropical diseases (NTDs), an important focus of U.S. global health assistance, may come under scrutiny as the 112th Congress debates spending levels for ongoing global health programs. NTDs are a group of 17 diseases that are found primarily among the poorest people in 149 countries and territories. Estimates indicate that some 2 billion people are at risk of contracting an NTD, of whom more than 1 billion people are afflicted with one or...
U.S.-Iraq Withdrawal/Status of Forces Agreement: Issues for Congressional Oversight
The United States has been involved in military operations in Iraq since March 2003. The legal framework under which the United States has operated includes H.J.Res. 114 (P.L. 107-243), multiple U.N. Security Council Resolutions, orders under the Coalition Provisional Authority, and, currently, agreement with the government of Iraq.
On November 26, 2007, U.S. President George W. Bush and Iraqi Prime Minister Nouri Kamel Al-Maliki signed a Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America....
Nanotechnology and Environmental, Health, and Safety: Issues for Consideration
Nanotechnology—a term encompassing nanoscale science, engineering, and technology—is focused on understanding, controlling, and exploiting the unique properties of matter that can emerge at scales of one to 100 nanometers. A key issue before Congress regarding nanotechnology is how best to protect human health, safety, and the environment as nanoscale materials and products are researched, developed, manufactured, used, and discarded. While the rapidly emerging field of nanotechnology is believed by many to offer significant economic and societal benefits, some research results have raised...
Revised Federal Standards for Traffic Signs: Frequently Asked Questions
Report that addresses some of the questions that have been raised about the changes made by the Federal Highway Administration to certain standardized street and highways signs.
Securities Investor Protection Corporation (SIPC): Basic Functions and Fairness and Adequacy Issues
The Securities Investor Protection Corporation (SIPC) is a nonprofit, nongovernmental corporation that was established in 1970 through the Securities Investor Protection Act (SIPA) to protect securities investors in the event of a broker-dealer failure. Except as otherwise provided in SIPA, the provisions of the Securities Exchange Act of 1934 (1934 act) apply as if SIPA were an amendment to, and included as a section of, the 1934 act.
A court-appointed trustee generally presides over a SIPC member broker’s liquidation and returns the remaining cash and securities to the firm’s former...
U.S. Security Assistance to Lebanon
The United States has provided security assistance to Lebanon in various forms since the 1980s, and the program has expanded considerably in recent years. Since fiscal year 2007, the United States has provided more than $700 million in security assistance to the Lebanese Armed Forces (LAF) and Internal Security Forces (ISF) to equip those forces to combat terrorism and secure Lebanon’s borders against weapons smuggling to Hezbollah and other armed groups. U.S. security assistance is part of a broader assistance program designed to foster a stable, independent Lebanese government. Primary...
Emergency Response: Civil Liability of Volunteer Health Professionals
The devastation inflicted on the Gulf region by Hurricanes Katrina and Rita in 2005 and Hurricanes Gustav and Ike in 2008, in addition to recent disasters in the Midwest due to tornadoes and flooding, triggered mass relief efforts by local, state, and federal government agencies, as well as private organizations and individuals. As unpaid volunteers have carried out much of the relief effort, some have questioned whether such volunteers—particularly medical personnel, so-called “volunteer health professionals” (VHPs)—will be protected from potential civil liability in carrying out their...
Navy Nuclear-Powered Surface Ships: Background, Issues, and Options for Congress
All of the Navy’s aircraft carriers, but none of its other surface ships, are nuclear-powered. Some Members of Congress, particularly on the House Armed Services Committee, have expressed interest in expanding the use of nuclear power to a wider array of Navy surface ships, starting with the CG(X), a planned new cruiser that the Navy had wanted to start procuring around FY2017. Section 1012 of the FY2008 Defense Authorization Act (H.R. 4986/P.L. 110-181 of January 28, 2008) made it U.S. policy to construct the major combatant ships of the Navy, including ships like the CG(X), with...
This report is intended to discuss the geographic impact of base closures and realignments; provide an analysis of federal economic assistance programs for communities and individuals affected by military base closures and realignments (BRAC); and analyze possible policy issues for Congress.
Unlike previous rounds, the 2005 BRAC round is focused on creating the infrastructure needed to support a transformed, expeditionary armed force—concentrated more on shifting forces and installation assets to promote the centralization of units in places from which they can be deployed rapidly. Thus,...
Foodborne illness-causing bacteria on farms can enter the food supply unless preventive measures are in place to reduce them, either prior to or after harvest. Also of potential risk to the food supply are pesticide residues, animal drugs, and certain naturally occurring contaminants.
There is interest in examining on-farm practices, given continued major outbreaks of foodborne illness involving both domestically produced and imported foods. An example is the case in April-July 2008, when more than 1,000 persons in more than 40 states and Canada were found to be infected with the same...
DOD Leases of Foreign-Built Ships: Background for Congress
Prior to the enactment of the FY2008 defense authorization act (H.R. 4986/P.L. 110-181 of January 28, 2008), 10 U.S.C. §2401 stated DOD may not lease a vessel or aircraft for a period of more than five years unless it is specifically authorized by law to make such a lease. Operating under this provision, the Department of Defense (DOD) in recent years used lease options and renewals to lease some foreign-built cargo ships for total periods of almost 10 years—a length of time that some observers argue effectively circumvented a legal requirement that U.S. military ships be built in U.S....
U.S.-Australia Civilian Nuclear Cooperation: Issues for Congress
Australia and the United States have cooperated in the peaceful use of nuclear energy since the mid-1950s. The framework for this cooperation is a civilian nuclear cooperation agreement as required by section 123 of the Atomic Energy Act. President Obama transmitted the text of the latest renewal agreement to Congress on May 5, 2010, along with the required Nuclear Proliferation Assessment Statement (NPAS) and his determination that the agreement promotes U.S. national security. Congress had 30 days of continuous session for consultations with the Administration, followed by an additional...
Navy Aegis Cruiser and Destroyer Modernization: Background and Issues for Congress
The Navy has begun a program to modernize its 22 in-service Aegis cruisers and the 62 Aegis destroyers procured in FY2005 and prior years. Under Navy plans, the modernization of these 84 ships would occur over a period of more than 20 years. The program’s estimated total cost is about $16.6 billion in constant FY2010 dollars. The modernizations are intended to ensure that the ships can be operated cost-effectively throughout their entire 35- or 40-year intended service lives. The modernizations of all 62 destroyers and at least 10 of the cruisers are to include the installation of a...
Immigration Legislation and Issues in the 111th Congress
The Speaker of the House and the Senate majority leader of the 111th Congress pledged to take up comprehensive immigration reform legislation, the most controversial piece of which concerns unauthorized aliens in the United States. Although the 111th Congress did not take up a comprehensive immigration bill, it did consider a narrower DREAM Act proposal to legalize the status of certain unauthorized alien students. On December 8, 2010, the House approved a version of the DREAM Act as an amendment to an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). A cloture motion in...
Incapacity of a Member of Congress
There is no specific protocol or procedure set out in the United States Constitution, federal law, or congressional rule for the Senate or the House of Representatives that has been followed to recognize an “incapacity” of a sitting member and thereby declare a “vacancy” in such office. Under the general practice in the Senate and in the House of Representatives, a personal “incapacity” of a sitting, living member has not generated proceedings to declare the seat vacant, and sitting members of the Senate and the House who have become incapacitated, and who have not resigned, have generally...
Sources of Constitutional Authority and House Rule XII, Clause 7(c)
On January 5, 2011, the House of Representatives adopted an amendment to House Rule XII adding a requirement to all measures introduced in the House of Representatives that are intended to become law. Specifically, Rule XII, clause 7(c) requires that, to be accepted for introduction by the House Clerk, all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document stating “as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution.” The requirement is mandatory, and the House Clerk appears to have the...
Federal Evacuation Policy: Issues for Congress
When government officials become aware of an impending disaster, they may take steps to protect citizens before the incident occurs. Evacuation of the geographic area that may be affected is one option to ensure public safety. If implemented properly, evacuation can be an effective strategy for saving lives. Evacuations and decisions to evacuate, however, can also entail complex factors and elevated risks. Decisions to evacuate may require officials to balance potentially costly, hazardous, or unnecessary evacuations against the possibility of loss of life due to a delayed order to...
Policymakers have been discussing the potential for shifting some freight traffic from roads to river and coastal waterways as a means of mitigating highway congestion. While waterways carry substantial amounts of bulk commodities (e.g., grain and coal), seldom are they used to transport containerized cargo (typically finished goods and manufactured parts) between points within the contiguous United States. Trucks, which carry most of this cargo, and railroads, which carry some of it in combination with trucks, offer much faster transit. Yet, at a time when many urban highways are...
South Korea has negotiated free trade agreements (FTAs) with the United States and the European Union (EU), but neither agreement has yet been approved. The U.S. Congress must approve the United States and South Korea free trade agreement (KORUS FTA) and the European Parliament must vote on the European Union and South Korea free trade agreement (KOREU FTA) before the FTAs can take effect. If the FTAs are ratified, it is possible there could be a “first mover” advantage for either the United States or the European Union, depending on which FTA is approved first. Some argue that both...
Pakistan: Key Current Issues and Developments
A stable, democratic, prosperous Pakistan actively combating religious militancy is considered vital to U.S. interests. U.S. concerns regarding Pakistan include regional and global terrorism; efforts to stabilize neighboring Afghanistan; nuclear weapons proliferation; the Kashmir problem and Pakistan-India tensions; democratization and human rights protection; and economic development. Pakistan is praised by U.S. leaders for its ongoing cooperation with U.S.-led counterterrorism and counterinsurgency efforts, although long-held doubts exist about Islamabad’s commitment to some core U.S....
Managing Disaster Debris: Overview of Regulatory Requirements, Agency Roles, and Selected Challenges
After a disaster, when a region turns its attention to rebuilding, one of the greatest challenges to moving forward may involve how to properly manage debris generated by the event. Options include typical methods of waste management—landfilling, recycling, or burning. The challenge after a major disaster (e.g., a building or bridge collapse, or a flood, hurricane, or earthquake) is in managing significantly greater amounts of debris often left in the wake of such an event.
Debris after a disaster may include waste soils and sediments, vegetation (trees, limbs, shrubs), municipal solid...
Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Fish and marine mammals are important resources in open ocean and nearshore coastal areas; many federal laws and regulations guide their management as well as the management of their habitat.
Commercial and sport fishing are jointly managed by the federal government and individual states. States generally have jurisdiction within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles, the federal government manages fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) through eight regional fishery management councils. Beyond 200 miles, the...
Cellulosic Biofuels: Analysis of Policy Issues for Congress
Cellulosic biofuels are produced from cellulose (fibrous material) derived from renewable biomass. They are thought by many to hold the key to increased benefits from renewable biofuels because they are made from potentially low-cost, diverse, non-food feedstocks. Cellulosic biofuels could also potentially decrease the fossil energy required to produce ethanol, resulting in lower greenhouse gas emissions.
Cellulosic biofuels are produced on a very small scale at this time—significant hurdles must be overcome before commercial-scale production can occur. The renewable fuels standard (RFS),...
Navy CG(X) Cruiser Program: Background for Congress
The Navy’s FY2011 budget proposed canceling the CG(X) program as unaffordable and instead building an improved version of the Arleigh Burke (DDG-51) class Aegis destroyer called the Flight III version. This report provides background information on the CG(X) program as it existed prior to its proposed cancellation. For further discussion of the proposal to build Flight III DDG-51s in lieu of CG(X)s, see CRS Report RL32109, Navy DDG-51 and DDG-1000 Destroyer Programs: Background and Issues for Congress.
Satellite Surveillance: Domestic Issues
Reconnaissance satellites, first deployed in the early 1960s to peer into denied regions of the Soviet Union and other secretive enemy states, have from time to time been used by civilian agencies of the federal government to assist with mapping, disaster relief, and environmental concerns. These uses have been coordinated by the Civil Applications Office at the U.S. Geological Survey, a component of the Interior Department. Post 9/11, the Bush Administration sought to encourage use of satellite-derived data for homeland security and law enforcement purposes, in addition to the civil...
Adopting a Long-Term Budget Focus: Challenges and Proposals
One criticism of the current budget process is that it does not encourage or require the consideration of long-term budgetary concerns. In this context, a long-term concern is one that affects the budget beyond the traditional five- or 10-year budget window as currently used in the congressional budget resolution and the President’s budget.
Some components of the budget process already deal with long-term budget issues. This means that data already exist, in publicly available formats, to assist in evaluating the country’s long-term fiscal health. In some instances, data evaluating the...
Congressional interest in the patent system has grown in recent years, tracking increasing recognition of the importance of intellectual property to innovative U.S. industries. One of the areas of interest is the topic of patentable subject matter—that is, the sorts of inventions for which patents may be obtained. In particular, patents on business methods, tax planning methods, and genetic materials have proven controversial. Legislation introduced in recent sessions of Congress would restrict the availability of patents in these fields. None of these bills has been enacted.
The patent...
Guantanamo Detention Center: Legislative Activity in the 111th Congress
The detention of alleged enemy belligerents at the U.S. Naval Station in Guantanamo Bay, Cuba, together with proposals to transfer some such individuals to the United States for prosecution or continued detention, has been a subject of considerable interest for Congress. Several authorization and appropriations measures enacted during the 111th Congress addressed the disposition and treatment of Guantanamo detainees. This report analyzes legislation enacted in the 111th Congress concerning persons held at the Guantanamo detention facility.
Nine laws that were enacted during the 111th...
Title I of the Rehabilitation Act of 1973, as amended, authorizes the federal government to make grants to states and territories to provide vocational rehabilitation (VR) services to persons with disabilities who are interested in seeking and retaining employment. State and territorial VR agencies work with clients to determine their optimal employment outcomes and put together packages of services to help them meet these employment goals.
The authorization for the VR program expired at the end of FY2003; Congress has continued to make appropriations to the Department of Education to fund...
Committee on the Budget in the House of Representatives: Structure and Responsibilities
The basic framework that is used today for congressional consideration of budget policy was established in the Congressional Budget and Impoundment Control Act of 1974. This act provides for the annual adoption of a concurrent resolution on the budget as a mechanism for setting forth aggregate levels of spending, revenue, and public debt. The act also established standing committees in both chambers of Congress with jurisdiction over, among other things, the concurrent resolution on the budget. This report describes the structure and responsibilities of the Committee on the Budget in the...
Upcoming Rules Pursuant to the Patient Protection and Affordable Care Act: Fall 2010 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons, and in a variety of ways. The Patient Protection and Affordable Care Act (PPACA, P.L. 111-148) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in PPACA that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming PPACA rules is by reviewing the Unified Agenda of Federal Regulatory and Deregulatory Actions, which is published twice each year...
Patents on Tax Strategies: Issues in Intellectual Property and Innovation
Several bills were introduced in previous sessions of Congress that would have addressed the recently recognized phenomenon of patented tax strategies. These legislative initiatives would have prevented the grant of exclusive intellectual property rights by the United States Patent and Trademark Office (USPTO) on methods that individuals and enterprises might use in order to minimize their tax obligations. This issue may arise before the 112th Congress.
Many commentators trace the rise of tax strategy patents to the 1998 opinion of the Federal Circuit in State Street Bank v. Signature...
The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§ 1531-1543) has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and nonfederal lands and resources. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. ESA may also be controversial because dwindling species are...
Real Property Disposition: Overview and Issues for the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes nearly 900,000 buildings and structures, and 41 million acres of land worldwide. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. The government’s portfolio encompasses properties with a range of uses, including barracks, health clinics, warehouses, laboratories, national parks, boat docks, and offices. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether....
Spyware: Background and Policy Issues for Congress
The term “spyware” generally refers to any software that is downloaded onto a computer without the owner’s or user’s knowledge. Spyware may collect information about a computer user’s activities and transmit that information to someone else. It may change computer settings, or cause “pop-up” advertisements to appear (in that context, it is called “adware”). Spyware may redirect a web browser to a site different from what the user intended to visit, or change the user’s home page. A type of spyware called “keylogging” software records individual keystrokes, even if the author modifies or...
The Military Survivor Benefit Plan: A Description of Its Provisions
The military Survivor Benefit Plan (SBP) was created in 1972. Since its creation, it has been subjected to many legislative changes. This report describes the basic provisions of the military Survivor Benefit Plan and all relevant changes or modifications that have occurred.
Specifically, the military Survivor Benefit Plan is described and explained in terms of its eligibility provisions, costs, benefits, and its current or former integration with other federal programs (including Social Security and Department of Veterans Affairs Dependency and Indemnity Compensation) for members and...
VA-Home Loan Guaranty Program: An Overview
Report containing a summary of the VA Home Loan Guaranty Program.
Trade Promotion Authority and Fast-Track Negotiating Authority for Trade Agreements: Major Votes
This report profiles significant legislation, including floor votes, that authorized the use of presidential Trade Promotion Authority (TPA)—previously known as fast-track trade negotiating authority—since its inception in 1974. The report also includes a list of floor votes since 1979 on implementing legislation for trade agreements that were passed under TPA fast-track procedures. Although TPA expired on July 1, 2007, four free trade agreements (FTAs) were signed in time to be considered under TPA expedited procedures in the 110th Congress. The U.S.-Peru Trade Promotion Agreement...
On June 29, 2009, the U.S. Supreme Court ruled that the National Bank Act (NBA) does not preempt states from bringing judicial actions against national banks to enforce non-preempted state anti-discrimination laws, and by implication state consumer protection laws, as long as the state authorities do not encroach on the visitorial powers of the national bank regulator, the Office of Comptroller of the Currency (OCC). The Court ruled that administrative subpoenas or other forms of administrative oversight or examination are included in visitorial powers and, thus, are not available as state...
U.S.-Russian Civilian Nuclear Cooperation Agreement: Issues for Congress
The bilateral nuclear cooperation agreement between the United States and Russia entered into force after an exchange of diplomatic notes on January 11, 2011. The United States and Russia signed a civilian nuclear cooperation agreement on May 6, 2008. President Bush submitted the agreement to Congress on May 13. The agreement was withdrawn from congressional consideration by President George W. Bush on September 8, 2008, in response to Russia’s military actions in Georgia. President Obama transmitted the proposed text of the agreement to Congress on May 10, 2010, along with the required...
The World Trade Organization: The Non-Agricultural Market Access (NAMA) Negotiations
Non-Agricultural Market Access (NAMA) in the World Trade Organization’s (WTO) Doha Round has emerged as a major stumbling block in the seven-year Doha Round negotiations. NAMA refers to the cutting of tariff and non-tariff barriers (NTB) on industrial and primary products, basically all trade in goods which are not foodstuffs. While the agriculture negotiations have often overshadowed the NAMA talks, trade of industrial and primary products continues to make up the bulk of world trade. Average tariffs in developed countries have declined from 40% at the end of World War II to 6% today...
Missile Defense and NATO’s Lisbon Summit
For several years, the United States and NATO have pursued parallel paths to develop a ballistic missile defense (BMD) capability to defend U.S. troops and European populations against potential ballistic attacks from countries such as Iran. At the November 2010 Lisbon Summit, alliance heads of state approved a plan to integrate existing NATO member BMD capabilities as part of the overall alliance defense posture. NATO officials have placed the estimated cost of the new territorial BMD system at 200 million euros (approximately $260 million), to be borne among all 28 member states over the...
Biochar: Examination of an Emerging Concept to Sequester Carbon
Biochar is a charcoal produced under high temperatures using crop residues, animal manure, or any type of organic waste material. Depending on the feedstock, biochar may look similar to potting soil or to a charred substance. The combined production and use of biochar is considered a carbon-negative process, meaning that it removes carbon from the atmosphere.
Biochar has multiple potential environmental benefits, foremost the potential to sequester carbon in the soil for hundreds to thousands of years at an estimate. Studies suggest that crop yields can increase as a result of applying...
Interagency Contracting: An Overview of Federal Procurement and Appropriations Law
Recently, federal agencies have increasingly resorted to interagency contracting, relying on the contracts or contracting operations of other agencies to acquire goods and services. This increased use of interagency contracting has made it a topic of interest to some members of Congress. This report provides an overview of the federal procurement and appropriations laws governing interagency contracting. It defines key terms used in discussing interagency contracting; surveys the various interagency contracting vehicles; and describes recently enacted and proposed amendments to the laws...
The Proposed Comcast-NBC Universal Combination: How It Might Affect the Video Market
The proposed combination of Comcast, the largest distributor of video services in the United States, and NBC Universal (NBCU), a major producer and aggregator of video content, would create a huge, vertically integrated entity with potentially enormous negotiating power at a time when market forces already are altering traditional content provider/distributor relationships. Comcast would own or control media and entertainment properties of significant scope and scale.
Despite the size and reach that Comcast would be afforded, there is so much uncertainty in the video market that the...
USDA Rural Housing Programs: An Overview
Title V of the Housing Act of 1949 authorized the Department of Agriculture (USDA) to make loans to farmers to enable them to construct, improve, repair, or replace dwellings and other farm buildings to provide decent, safe, and sanitary living conditions for themselves or their tenants, lessees, sharecroppers, and laborers. USDA was also authorized to make grants or combinations of loans and grants to those farmers who could not qualify to repay the full amount of a loan, but who needed the funds to make the dwellings sanitary or to remove health hazards to the occupants or the...
Water Quality Issues in the 111th Congress: Oversight and Implementation
Although much progress has been made in achieving the ambitious goals that Congress established more than 35 years ago in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions...
Harbor Maintenance Trust Fund Expenditures
In 1986, Congress enacted the Harbor Maintenance Tax (HMT) to recover operation and maintenance (O&M) costs at U.S. coastal and Great Lakes harbors from maritime shippers. O&M is mostly the dredging of harbor channels to their authorized depths and widths. The tax is levied on importers and domestic shippers using coastal or Great Lakes ports. Due to a Supreme Court decision in 1998, exporters no longer pay the tax because it was found unconstitutional. The tax is assessed at a rate of 0.125% of cargo value ($1.25 per $1,000 in cargo value). The tax revenues are deposited into the Harbor...
The Americans with Disabilities Act (ADA) Coverage of Contagious Diseases
The Americans with Disabilities Act (ADA), 42 U.S.C. §§12101 et seq., provides broad nondiscrimination protection for individuals with disabilities in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Due to concern about the spread of highly contagious diseases such as pandemic influenza and extensively drug-resistant tuberculosis...
Critical Infrastructure Security: CRS Experts
The following table provides access to names and contact information for CRS experts on policy concerns relating to critical infrastructure security. Policy areas identified include: mission, magnitude, importance, relationship to departmental mission; policy, organization, and operations across all infrastructures; information disclosure, Freedom of Information Act (FOIA); security services, airport screeners, guards; specific sectors, assessing vulnerabilities, planning and implementation; agriculture; banking and finance; chemical; defense industry; emergency systems; energy;...
The Obama Administration’s Feed the Future Initiative
The global food price crisis of 2007-2008 and the global economic crisis resulted in an increase in the proportion and absolute number of hungry people worldwide to historic levels, over one billion in 2009. In 2010, the estimate of hungry people in the world declined to 925 million, a decrease of about 9.6%. The vast majority of the world’s undernourished live in developing countries; South Asia and sub-Saharan Africa account for 63% and 26% of the total, respectively.
In June 2009, at the G8 Summit in L’Aquila, Italy, President Obama pledged $3.5 billion over three years (FY2010 to...
The National Environmental Policy Act (NEPA): Background and Implementation
Beginning in the late 1950s and through the 1960s, Congress reacted to increasing public concern about the impact that human activity could have on the environment. A key legislative option to address this concern was the declaration of a national environmental policy. Advocates of this approach argued that without a specific policy, federal agencies were neither able nor inclined to consider the environmental impacts of their actions in fulfilling the agency’s mission. The statute that ultimately addressed this issue was the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. §§...
Tax-Favored Financing for Renewable Energy Resources and Energy Efficiency
Tax policy is one tool available to promote the use of domestic renewable energy resources. Tax-subsidized financing, specifically tax-favored bonds, reduce the cost associated with making oftentimes capital intensive investments in renewables and energy efficiency. This report provides an overview of the various federally tax-favored financing options available for renewable energy and energy-efficiency investments. This report also highlights the economic foundations for subsidizing renewable energy investment and comments on economic issues specific to tax-favored financing.
Various...
Safeguarding the Nation’s Drinking Water: EPA and Congressional Actions
The events of September 11, 2001, focused attention on the security status of the nation’s drinking water supplies and the vulnerability of this critical infrastructure sector to attack. Congress since has enacted security requirements for public water systems and has provided funding for vulnerability assessments, emergency planning, and drinking water research. The Environmental Protection Agency (EPA), the lead federal agency for the water sector, has worked with water utilities, state and local governments, and federal agencies to improve the drinking water security. However, water...
401(k) Plans and Retirement Savings: Issues for Congress
Over the past 25 years, defined contribution (DC) plans—including 401(k) plans—have become the most prevalent form of employer-sponsored retirement plan in the United States. The majority of assets held in these plans are invested in stocks and stock mutual funds, and the decline in the major stock market indices in 2008 greatly reduced the value of many families’ retirement savings. The effect of stock market volatility on families’ retirement savings is just one issue of concern to Congress with respect to defined contribution retirement plans.
This report describes seven major policy...
In May 2008, the United States Court of Appeals for the District of Columbia issued a decision in The American Council of the Blind v. Paulson. The D.C. Court of Appeals affirmed the lower court’s holding that the U.S. Department of the Treasury violated Section 504 of the Rehabilitation Act of 1973 by issuing paper currency in denominations that people with visual impairments cannot readily identify. Specifically, the court ruled that the current design of U.S. banknotes denies people with visual impairments meaningful access to the benefits of using U.S. currency. Furthermore, the...
The Copyright Act allows statutory damages of between $750 and $30,000 for each act of infringement, and up to $150,000 in cases where the infringement is committed willfully. Congress granted the copyright owner the power to choose to recover either statutory damages or the owner’s actual damages plus additional profits of the infringer at any time before final judgment is rendered. Statutory damages serve both compensatory and deterrent purposes: they provide the copyright owner with restitution of profit and reparation for the harm suffered by the owner in situations where it may be...
Methane Capture: Options for Greenhouse Gas Emission Reduction
Research on climate change has identified a wide array of sources that emit greenhouse gases (GHGs). Among the six gases that have generally been the primary focus of concern, methane is the second-most abundant, accounting for approximately 8% of total U.S. GHG emissions in 2008. Methane is emitted from a number of sources. The most significant are agriculture (both animal digestive systems and manure management); landfills; oil and gas production, refining, and distribution; and coal mining.
As policymakers consider options to reduce GHG emissions, methane capture projects offer an...
Ownership of Individual Retirement Accounts (IRAs) and Policy Options for Congress
Preparing for financial security in retirement continues to be a concern of working Americans and policymakers. Although most Americans participate in the Social Security system, Social Security is likely to be only a part of income in retirement. A recent Gallup poll indicated that while 34% of working Americans expect Social Security to be a major source of retirement income, 45% of those polled expect private retirement savings accounts to be a major source of retirement income.
Since the 1920s, Congress has provided tax incentives to employers to sponsor pension plans for their...
Public Housing: The Operating Fund Formula
The local public housing authorities (PHAs) that administer the federal public housing program began receiving their annual federal operating subsidies under a new formula in January 2007. As a result of this formula change, some PHAs were eligible for an increase in their eligibility for funding and others were eligible for a decrease. Both the increases and the decreases were phased in (over two and five years, respectively) and PHAs that faced declines were eligible to limit their losses by adopting management reformswhich were also a part of the new operating fund requirementsearlier...
Technical Assistance for Agriculture Conservation
Agricultural conservation technical assistance has taken on a number of dimensions over its long and continuously evolving history. In the most general terms, technical assistance is a service assisting landowners and agricultural producers in conserving natural resources. Addressing natural resource concerns across different landscapes frequently requires multiple disciplines working together to provide a collective pool of conservation knowledge. The current federal framework for applying this conservation knowledge lies with the U.S. Department of Agriculture (USDA). Several agencies...
Research and Development (R&D) to Enhance Homeland Security: CRS Experts
The following table provides access to names and contact information for CRS experts on policy concerns relating to research and development (R&D) to enhance homeland security. Policy areas identified include: mission, scope, magnitude, relationship to other federal homeland security goals; developing countermeasures policy and strategic plan; access to scientific and technical information; establishing R&D policy and priorities; conducting and coordinating homeland security R&D; Department of Homeland Security; Department of Agriculture; Department of Defense; Department of Health and...
Water Infrastructure Funding in the American Recovery and Reinvestment Act of 2009
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, the ARRA, or Recovery Act). Among the purposes identified in the legislation are preservation and creation of jobs and promotion of U.S. economic recovery, and investment in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits. This report identifies funding for water infrastructure programs and projects contained in the legislation.
The legislation directed additional appropriations to a number of existing federal...
The USDA’s Authority to Recall Meat and Poultry Products
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has monitored numerous recalls of meat and poultry products sold in the United States. The recalls have involved beef products possibly contaminated with E. coli O157:H7, beef and poultry products possibly contaminated with Salmonella, and canned meat products possibly contaminated by botulism. These recalls raise issues of consumer confidence in the meat industry and questions about the adequacy of the USDA oversight of these products.
In February 2008, USDA announced the largest-ever recall, of 143.4...
Emergency Designation: Current Budget Rules and Procedures
Budgetary legislation is constrained by certain enforcement rules that are generally intended to control spending, revenues, and the deficit. Since 1990, those rules have provided, in various forms, procedural mechanisms allowing Congress to effectively exempt certain budgetary amounts from such constraints by designating a provision in a measure as an emergency requirement. This report provides a brief description of the current rules and congressional procedures associated with the emergency designation.
Currently, the authority and the procedures related to designating a provision as an...
Section 106(3) of the Copyright Act grants a copyright holder the exclusive right to distribute copies of a copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. In addition, § 602(a) of the Copyright Act generally prohibits the importation into the United States, without the authority of the copyright holder, of copies of a work that have been acquired outside the United States; such importation is considered an infringement of the exclusive right to distribute copies of the work under § 106. However, the Copyright Act’s “first-sale”...
U.S. Trade Policy and the Caribbean: From Trade Preferences to Free Trade Agreements
For over 40 years, the United States has relied on unilateral trade preferences to promote export-led development in poor countries. Congressionally authorized trade preferences give market access to selected developing country goods, duty free or at tariffs below normal rates, without requiring reciprocal trade concessions, although their extension is conditioned on extensive eligibility criteria and the use of U.S. inputs in many cases. The Caribbean Basin has benefitted from multiple preferential trade arrangements, the first being the Caribbean Basin Initiative (CBI), passed by...
Energy’s Water Demand: Trends, Vulnerabilities, and Management
The energy choices before Congress represent vastly different demands on domestic freshwater because water is used in varying amounts in most aspects of the energy sector. Transitions in the energy sector, such as the pursuit of greater energy independence and security, produce changes in how much and where the energy sector uses water. The energy sector is the fastest-growing water consumer in the United States, in part because of energy policies. Whether the federal government addresses the energy sector’s rising water demand, and if so how, is one of the many energy decisions that may...
Patent Reform: Judicial Developments in Areas of Legislative Interest
Legislative interest in the patent system has been evidenced by the introduction of reform legislation in the 111th and predecessor Congresses. These bills would have amended existing patent law in numerous respects. Although none of these bills were enacted, discussion of patent reform may continue in the 112th Congress.
Although the patent system has been the subject of congressional interest over the past few years, the courts have also been active in making changes to important patent law principles. Many changes introduced by the judiciary have concerned topics that are also the...
Intellectual Property in Industrial Designs: Issues in Innovation and Competition
Under current intellectual property laws, industrial designs may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Act established a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect industrial designers.
In the 111th Congress, legislation was introduced that would have established proprietary rights in fashion designs. The Innovative Design Protection and Piracy Prevention Act,...
Older Unemployed Workers Following the Recent Economic Recession
Although the economic recession that began in December of 2007 has officially ended, unemployment rates still remain close to 10%. Especially hard hit have been older workers, aged 55 and older, for whom unemployment rates have reached historical highs. A combination of an increase in the number of older individuals re-entering the workforce and a limited number of job openings (i.e., weak demand for labor) is responsible for their historically high unemployment rate.
Older unemployed workers face a unique set of challenges, distinct from those of their younger counterparts. The magnitude...
The Tax Exclusion for Employer-Provided Health Insurance: Issues for Congress
Employer-provided health insurance is excluded from the determination of employees’ federal income taxes, resulting in significant tax savings for many workers. Comparable exclusions apply to federal employment taxes and to state income and employment taxes. Because employment-based health insurance covers three-fifths of the population under the age of 65, the exclusions also result in considerable revenue loss to the government. Ending them could raise several hundred billion dollars a year, depending on exactly what is repealed and how workers and employers adjust. Some see this revenue...
U.S. Refugee Resettlement Assistance
In recent years, the United States has admitted an increasingly diverse group of refugees and other humanitarian cases with a diverse set of needs. There seems to be broad consensus that the U.S. refugee resettlement assistance system is not adequately meeting the needs of these new arrivals and is ripe for reform. The National Security Council is leading an interagency review of refugee resettlement, the forthcoming results of which may further energize reform efforts. To help inform possible future efforts to reform the refugee resettlement assistance system, this report discusses...
South Africa: Current Issues and U.S. Relations
Over fifteen years after the South African majority gained its independence from white minority rule under apartheid, a system of racial segregation, the Republic of South Africa is firmly established as a regional power. With Africa’s largest Gross Domestic Product (GDP), a diverse economy, and a government that has played an active role in promoting regional peace and stability, South Africa is poised to have a substantial impact on the economic and political future of Africa. The country is also playing an increasingly prominent role in the G20 and other international fora. South Africa...
The Department of Housing and Urban Development: FY2010 Appropriations
President Obama’s first budget request included over $45 billion for the Department of Housing and Urban Development in FY2010. The requested funding level was roughly $4 billion more than was provided in regular annual appropriations in FY2009 by P.L. 111-8. However, it is about $9 billion less than total FY2009 funding for HUD, if the more than $13 billion in emergency economic stimulus funding provided by P.L. 111-5 is taken into account.
This budget request included increased funding for most HUD programs, such as the Section 8 voucher program, public housing program, housing programs...
Cuba: Issues for the 111th Congress
Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. The government of Raúl Castro implemented limited economic policy changes in 2008 and 2009, and in September 2010 began a significant series of reforms to reduce the public sector and increase private enterprise. Few observers expect the government to ease its tight control over the political system, although it has reduced the number of political prisoners...
Copyright Protection for Fashion Design: A Legal Analysis of Legislative Proposals
Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark and patent law, though proponents of copyright protection for fashion design argue that these limited means are insufficient. The 111th Congress did not pass legislation that would have provided a three-year term of copyright protection for fashion designs, the Design Piracy Prohibition Act (H.R. 2196) and the Innovative Design Protection and Piracy Prevention Act (S. 3728). This report analyzes these two...
The Future of U.S. Trade Policy: An Analysis of Issues and Options for the 112th Congress
U.S. trade policy is at a cross-roads as the Obama Administration and the 112th Congress face a range of policy issues and challenges. The future direction of trade policy and how the issues will be addressed are unclear at this time and the subject of sharp debate within Congress, the Administration, and the trade policy community at large. While a number of issues are related to trade policy, the fundamental question that is the subject of this debate is which trade policy, if any, will maximize the benefits of trade and boost U.S. living standards.
Among the trade issues facing...
Distribution of Broadband Stimulus Grants and Loans: Applications and Awards
The American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provided $7.2 billion primarily for broadband grant and loan programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the Rural Utilities Service (RUS) of the U.S. Department of Agriculture (USDA). The NTIA grant program is called the Broadband Technology Opportunity Program (BTOP). The RUS broadband grant and loan program is called the Broadband Initiatives Program (BIP).
As of October 1, 2010, all BTOP and BIP award...
Broadband Infrastructure Programs in the American Recovery and Reinvestment Act
The American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provided $7.2 billion primarily for broadband grant programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the Rural Utilities Service (RUS) of the U.S. Department of Agriculture (USDA). Of the $7.2 billion total, the ARRA provided $4.7 billion to establish a Broadband Technology Opportunities Program (BTOP) at NTIA, and $2.5 billion as funding for broadband grant, loan, and loan/grant combination programs at RUS....
Economics and National Security: Issues and Implications for U.S. Policy
As the world begins the second decade of the twenty-first century, the United States holds what should be a winning hand of a preeminent military, large economy, strong alliances, and democratic values. The nation’s security should be secure. Yet the debate over national security seems to be both intensifying and broadening. The problem appears not only in the difficulty of finding a winning strategy in the long war against acts of terrorism but having to face economic constraints that loom large in the public debate. In addition, the global financial crisis and recession have highlighted...
This report discusses Washington-Harris Group, a protest filed with the Government Accountability Office (GAO) alleging, among other things, that an agency improperly awarded a “preference contract” to a service-disabled veteran-owned small business that proposed to subcontract a greater percentage of work on the contract than allowed under the Small Business Administration’s limitations on subcontracting. GAO denied the protest, in part, because it found that limitations on subcontracting apply only to contracts “set aside” for small business, not to preference contracts. A preference...
Hezbollah: Background and Issues for Congress
Lebanon’s Hezbollah is a Shiite Islamist militia, political party, social welfare organization, and U.S. State Department-designated terrorist organization. Its armed element receives support from Iran and Syria and possesses significant paramilitary and unconventional warfare capabilities. In the wake of the summer 2006 war between Israel and Hezbollah and an armed domestic confrontation between Hezbollah and rival Lebanese groups in May 2008, Lebanon’s political process is now intensely focused on Hezbollah’s future role in the country. Lebanese factions are working to define Hezbollah’s...
The Middle East: Selected Key Issues and Options for the 112th Congress
The Middle East, broadly defined as an area stretching from North Africa to Afghanistan, presents an array of challenges to U.S. foreign policy. Although the United States maintains strong relations with several key Arab and non-Arab states such as Israel, Egypt, Saudi Arabia, Jordan, and Turkey, other state and non-state actors, such as Iran, the Lebanese Shiite group Hezbollah in Lebanon, and the Palestinian Sunni group Hamas, are aligned against U.S. interests. The United States and its regional and international allies continue to work to limit the influence of these actors while...
On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) issued a proposed policy letter on inherently governmental functions and other “work reserved for performance by federal government employees.” While not final, the policy letter represents the Obama Administration’s proposed guidance for agencies determining (1) whether particular functions are inherently governmental and (2) when functions closely associated with the performance of inherently governmental functions and critical functions should be performed by government...
Compensation Reform and the Federal Teacher Incentive Fund
Congress has historically recognized the importance of teacher quality in improving the academic performance of elementary and secondary school students; however, federal policy has only recently begun to address the impact of teacher compensation systems on both quality and performance. Growing concern about the dominant feature of these systems—the single salary schedule—has led to a variety of compensation reform efforts around the country. These efforts include pay-for-performance incentives that attempt to align teacher compensation more closely with student achievement, as well as...
U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology
Modern means of communications, led by the Internet, provide a relatively inexpensive, open, easy-entry means of sharing ideas, information, pictures, and text around the world. In a political and human rights context, in closed societies when the more established, formal news media is denied access to or does not report on specified news events, the Internet has become an alternative source of media, and sometimes a means to organize politically.
The openness and the freedom of expression allowed through blogs, social networks, video sharing sites, and other tools of today’s...
Habeas Corpus Legislation in the 111th Congress
Federal habeas corpus is the process under which those in official detention may petition a federal court for their release based on an assertion that they are being held in violation of the Constitution or laws of the United States. Major habeas legislative activity in the 111th Congress fell within three areas: proposals to permit state death row inmates to seek habeas relief based on evidence that they are probably innocent (H.R. 3320 and H.R. 3986); proposals to amend federal law in response to the Supreme Court’s determination that the level of judicial review afforded Guantanamo...
The Advanced Spectroscopic Portal Program: Background and Issues for Congress
The Domestic Nuclear Detection Office (DNDO) of the Department of Homeland Security (DHS) is charged with developing and procuring equipment to prevent a terrorist nuclear or radiological attack in the United States. At the forefront of DNDO’s efforts are technologies currently deployed and under development whose purpose is to detect smuggled nuclear and radiological materials. These technologies include existing radiation portal monitors and next-generation replacements known as advanced spectroscopic portals (ASPs).
Customs and Border Protection officers use radiation portal monitors to...
Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law
This report discusses constitutional and other legal issues related to the creation and implementation of location-based preferences in federal contracting, as well as summarizes key authorities requiring or allowing federal agencies to "favor" contractors located in specific places. The report does not address federal preferences for domestic products or provisions of federal law that could, depending upon their implementation, effectively prefer local contractors, such as project labor agreements.
The Americans with Disabilities Act and Emergency Preparedness and Response
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities in employment, public services, and public accommodations and services operated by private entities. Although the ADA does not include provisions specifically discussing its application to disasters, its nondiscrimination provisions are applicable to emergency preparedness and responses to disasters. In order to further the ADA’s goals, President Bush issued an Executive Order on July 22, 2004, relating to emergency preparedness for individuals with disabilities and...
Legislative Approaches to Defining “Waters of the United States”
In the 111th Congress, legislation was introduced that sought to clarify the scope of the Clean Water Act (CWA) in the wake of Supreme Court decisions in 2001 and 2006 that interpreted the law’s jurisdiction more narrowly than prior case law. The Court’s narrow interpretation involved jurisdiction over some geographically isolated wetlands, intermittent streams, and other waters. The two cases are Solid Waste Agency of Northern Cook County v. Army Corps of Engineers (SWANCC) and Rapanos v. United States.
Bills to nullify the Court’s rulings have been introduced repeatedly since the 107th...
Congressional Redistricting: The Constitutionality of Creating an At-Large District
This report discusses the constitutionality of legislation, such as the District of Columbia House Voting Rights Act of 2009, H.R. 157 (111th Congress), that would create an at-large congressional district. While it is not without doubt, based on the authority granted to Congress under the Constitution to regulate congressional elections and relevant Supreme Court precedent, it appears that federal law establishing a temporary at-large congressional district would likely be upheld as constitutional.
H.R. 157, among other provisions, would expand the U.S. House of Representatives by two...
The People’s Republic of China (PRC) plays a key role in U.S. policy toward the Democratic People’s Republic of Korea (DPRK or North Korea). The PRC is North Korea’s closest ally, largest provider of food, fuel, and industrial machinery, and arguably the country most able to wield influence in Pyongyang. China also is the host of the Six-Party Talks (involving the United States, China, North Korea, South Korea, Japan, and Russia) over North Korea’s nuclear program. The close PRC-DPRK relationship is of interest to U.S. policymakers because China plays a pivotal role in the success of U.S....
EMTALA: Access to Emergency Medical Care
The Emergency Medical Treatment and Active Labor Act (EMTALA) ensures universal access to emergency medical care at all Medicare participating hospitals with emergency departments. Under EMTALA, any person who seeks emergency medical care at a covered facility, regardless of ability to pay, immigration status, or any other characteristic, is guaranteed an appropriate screening exam and stabilization treatment before transfer or discharge. Failure to abide by these requirements can subject hospitals or physicians to civil monetary sanctions or exclusion from Medicare. Hospitals, but not...
National Security Letters: Proposed Amendments in the 111th Congress
Five federal statutes authorize various intelligence agencies to demand, through National Security Letters (NSLs), certain customer information from communications providers, financial institutions, and consumer credit reporting agencies, under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and Electronic Communications Privacy Act. The USA PATRIOT Act expanded NSL authority. Later reports of the Department of Justice Inspector General indicated that (1) the FBI considered the expanded authority very useful; (2) after expansion the number of...
United Nations Assistance Mission in Afghanistan: Background and Policy Issues
The United Nations (UN) has had an active presence in Afghanistan since 1988, and it is highly regarded by many Afghans for playing a brokering role in ending the Soviet occupation of Afghanistan. As a result of the Bonn Agreement of December 2001, coordinating international donor activity and assistance have been tasked to a United Nations Assistance Mission in Afghanistan (UNAMA). However, there are other coordinating institutions tied to the Afghan government, and UNAMA has struggled to exercise its full mandate. The international recovery and reconstruction effort in Afghanistan is...
Membership of the 111th Congress: A Profile
This report presents a profile of the membership of the 111th Congress. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age and length of service, occupation, religious affiliation, gender, ethnicity, foreign births, and military service.
Water Quality Bills in the Lame Duck Session of the 111th Congress
Early in December 2010, press reports indicated that legislators, especially in the Senate, were seeking to gather support for several water quality bills that could be considered during the post-election, lame duck session of the 111th Congress, possibly packaged with others dealing with public lands and wildlife protection. These discussions resulted in a comprehensive bill, titled “America’s Great Outdoors Act of 2010,” that was introduced in the Senate on December 17 (S.Amdt. 4845 to S. 303). This report describes water quality bills that were included in the legislative package.
All...
English as the Official Language of the United States: Legal Background
Congressional proposals to install English as the official language of the United States reflect yet another aspect of the complicated ongoing national debate over immigration policy. The modern “Official English” movement may be traced to the mid-1980s, when various proposals to achieve linguistic uniformity by constitutional amendment were considered. While these earlier federal efforts failed, some legislation promoting official English laws at the state level was more successful. At least 30 states have laws declaring English to be the official state language.
In response, renewed...
Chemical Facility Security: Reauthorization, Policy Issues, and Options for Congress
This report provides a brief overview of the existing statutory authority and the regulation implementing this authority. It describes several policy issues raised in previous debates regarding chemical facility security and identifies policy options that might resolve components of these issues. Finally, legislation introduced in the 111th Congress is discussed.
The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA; P.L. 107-16), among other tax cuts, provided for a gradual reduction and elimination of the estate tax. Under EGTRRA, the estate tax exemption rose from $675,000 in 2001 to $3.5 million in 2009, and the rate fell from 55% to 45%. In 2010, the estate tax was eliminated. The estate tax changes, however, were scheduled to sunset in 2011, when the exemption would have become $1 million (as scheduled in pre-EGTRRA law) and the tax rate would return to 55%.
There was general agreement that some sort of estate tax would be...
Organized Crime in the United States: Trends and Issues for Congress
Organized crime threatens multiple facets of the United States, including the economy and national security. In fact, the Organized Crime Council was reconvened for the first time in 15 years to address this continued threat. Organized crime has taken on an increasingly transnational nature, and with more open borders and the expansion of the Internet, criminals endanger the United States not only from within the borders, but beyond. Threats come from a variety of criminal organizations, including Russian, Asian, Italian, Balkan, Middle Eastern, and African syndicates. Policymakers may...
The TANF Emergency Contingency Fund
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) created a $5 billion Emergency Contingency Fund (ECF) within the Temporary Assistance for Needy Families (TANF) block grant to help states, Indian tribes, and the territories pay for additional economic aid to families during the current economic downturn. It was part of a package of tax and benefit program provisions aimed at stemming the decline in family incomes and purchasing power caused by increased unemployment. The ECF was a temporary fund for two years, FY2009 and FY2010, and expired on September 30, 2010. All...
Emergency Communications: Broadband and the Future of 911
Today’s 911 system is built on an infrastructure of analog technology that does not support many of the features that most Americans expect to be part of an emergency response. Efforts to splice newer, digital technologies onto this aging infrastructure have created points of failure where a call can be dropped or misdirected, sometimes with tragic consequences. Callers to 911, however, generally assume that the newer technologies they are using to place a call are matched by the same level of technology at the 911 call centers, known as Public Safety Answering Points (PSAPs). However,...
Congress enacted the WSRA as part of a myriad of environmental conservation legislation enacted in the 1960s and 1970s. The act provides protection to certain rivers within the United States in order to balance the tendency toward development of the nation’s rivers for industry or recreation. The act declares it to be the policy of the United States that certain rivers that possess “outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition.” The act further provides that “the...
Unemployment Through Layoffs and Offshore Outsourcing
This report focuses on unemployment through layoffs. It sets forth the publicly available sources of information on layoffs and determines whether they provide data on the reasons that underlie those events (e.g., weak product demand, financial difficulty). The report next briefly provides a context for the offshore outsourcing phenomenon and its relationship to gross and net employment change. It then analyzes the trend in, severity of, and explanations of extended mass layoffs before concluding with an examination of those layoff events that involve movement-of work to foreign-based...
Spectrum Policy: Public Safety and Wireless Communications Interference
In mid-2005, wireless communications managers commenced the process of moving selected public safety radio channels to new frequencies. This step was part of a rebanding plan to mitigate persistent problems with interference to public safety radio communications. The majority of documented incidents of interference was attributed to the network built by Nextel Communications, Inc (now Sprint Nextel). As part of an agreement originally made between Nextel and the Federal Communications Commission (FCC), some public safety wireless users have moved or will move to new frequencies, with the...
International Treaty on Plant Genetic Resources for Food and Agriculture
Plant genetic resources for food and agriculture (PGRFA) serve as the raw material used by plant breeders and farmers to create new crop varieties. As such, they are viewed by many as the foundation for modern agriculture and as essential for achieving global food security. The United Nations Food and Agriculture Organization estimates that more than three-quarters of the increased crop productivity of the past 30 years is the result of plant breeding, and that future global food security depends to a large extent on the continued improvement of food crops—for example, developing new...
Ozone Air Quality Standards: EPA’s Proposed Revisions
On December 8, 2010, the Environmental Protection Agency (EPA) announced that it will delay issuing revised ambient air quality standards for ozone until July 2011 so that it can consider further recommendations from an independent panel of scientific advisers. The agency proposed changes to the National Ambient Air Quality Standards (NAAQS) for ozone on January 19, 2010, with an expected promulgation date of August 2010. The December announcement marks the third time that the agency has postponed issuing the revised standards.
NAAQS are standards for outdoor (ambient) air that are...
This report provides background information on P.L. 110-69 and H.R. 5116, includes information about related legislative activity in the 111th Congress, and analyzes four policy issues addressed by these measures: (1) STEM Education, (2) Federal Research Programs and Activities, (3) Broadening Participation, and (4) Funding. It also discusses selected policy concerns identified in the debate about U.S. competitiveness and describes how the House-passed version of H.R. 5116 responds to those concerns. It contains a description of federal multi-agency research and development initiatives...
Unemployment and Employment Trends Before and After the End of Recessions
Although the 11th recession of the postwar period officially ended in June 2009, one economic indicator that is very visible in people’s daily lives—the unemployment rate—has continued to rise. With the unemployment rate at 9.8% in November 2010, those still employed or able to find jobs are quite likely to know personally others who have been less fortunate. The still high unemployment rate partly reflects the slow pace at which employers have been adding workers to their payrolls despite enactment of job creation legislation in February 2009 (the American Recovery and Reinvestment Act,...
Reducing SNAP (Food Stamp) Benefits Provided by the ARRA: P.L. 111-226 and P.L. 111-296
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) included an across-the-board increase in benefits provided under the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program), effective in April 2009. The ARRA effectively replaced, until after FY2018, the increase in SNAP benefits that occurs based on annual food-price inflation indexing (under current inflation scenarios). The ARRA substantially raised maximum monthly benefits, by 13.6%. For a one-person household, the added benefit was $24 a month; for two persons, $44 a month; for three...
Quantitative Easing and the Growth in the Federal Reserve’s Balance Sheet
On November 3, 2010, the Federal Reserve (Fed) announced that it would purchase an additional $600 billion of Treasury securities, an action that has popularly been dubbed quantitative easing or “QE2.” This announcement followed purchases since March 2009 of $300 billion of Treasury securities, $175 billion of agency debt, and $1.25 trillion of agency mortgage-backed securities (MBS). (The agency debt and MBS were primarily issued by Fannie Mae and Freddie Mac.) This report defines quantitative easing as actions to further stimulate the economy through growth in the Fed’s balance sheet...
Immigration of Foreign Workers: Labor Market Tests and Protections
Economic indicators confirm that the U.S. economy sunk into a recession in December 2007. Although some economic indicators suggest that growth has resumed, unemployment remains high and is projected to remain so for some time. Historically, international migration ebbs during economic crises; for example, immigration to the United States was at its lowest levels during the Great Depression. While preliminary statistical trends hint at a slowing of migration pressures, it remains unclear how the economic recession of the past two years has affected immigration. Addressing these contentious...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2002-2009
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2002-2009, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2002-2005, 2006-2009, and 2009 alone. In addition, the report provides data tables listing the total dollar...
“Don’t Ask, Don’t Tell”: Military Policy and the Law on Same-Sex Behavior
In 1993, new laws and regulations pertaining to homosexuality and U.S. military service came into effect reflecting a compromise in policy. This compromise, colloquially referred to as “don’t ask, don’t tell,” (DADT), holds that the presence in the armed forces of persons who demonstrate a propensity or intent to engage in same-sex acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability. Under this policy, but not the law, service members are not to be asked about nor allowed to...
The United Arab Emirates Nuclear Program and Proposed U.S. Nuclear Cooperation
The United Arab Emirates (UAE) has embarked on a program to build civilian nuclear power plants and is seeking cooperation and technical assistance from the United States and others. The 111th Congress approved a U.S.-UAE bilateral agreement on peaceful nuclear cooperation pursuant to Section 123 of the Atomic Energy Act (AEA) of 1954. Then-U.S. Secretary of State Condoleezza Rice signed the proposed agreement on peaceful nuclear cooperation with the UAE January 15, 2009. Deputy Secretary of State James Steinberg signed a new version of the agreement May 21, 2009; the Obama Administration...
An estimated 37 million foreign-born persons currently reside in the United States, almost a third of whom may be present without legal authorization. The reaction of state and local jurisdictions to unauthorized immigration has varied. In some cases, states and localities have adopted measures intended to deter unlawfully present aliens from arriving and settling within their jurisdictions, including by restricting such aliens’ access to work, housing, and benefits. Typically, such measures have sought to (1) limit the hiring and employment of unauthorized aliens, including through the...
Military Recruitment on High School and College Campuses: A Policy and Legal Analysis
In recent years, many academic institutions have enacted rules that protect individuals who are gay from discrimination on campus. As a result, some high schools and institutions of higher education have sought to bar military recruiters from their campuses and/or to eliminate Reserve Officer Training Corps (ROTC) programs on campus in response to the military’s “Don’t Ask, Don’t Tell” (DADT) policy, which prohibits homosexual conduct by members of the armed services. These efforts, however, have largely been thwarted due to several laws that bar giving federal funds to campuses that block...
Distribution of the Tax Burden Across Individuals: An Overview
Distributional issues often lie at the center of tax policy debates. Distributional analysis may address several issues: How should the tax burden be distributed or, are progressive (increasing as a share of income as income rises) taxes justified? What is the estimated distribution of the current system? How does a particular proposal change that distribution?
Unlike many analyses that study optimal behavior related to allocative issues and economic efficiency, economic analysis cannot be used to answer the questions of how the tax burden should be distributed. Such an answer would depend...
The Market Structure of the Health Insurance Industry
In March 2010, Congress passed a pair of measures designed to reform the U.S. health care system and address the twin challenges of constraining rapid growth of health care costs and expanding access to high-quality health care. On March 21, the House passed the Patient Protection and Affordable Care Act (H.R. 3590), which the Senate had approved on Christmas Eve, as well as the Health Care and Education Reconciliation Act of 2010 (H.R. 4872). President Obama signed the first measure (P.L. 111-148) on March 23 and the second on March 30 (P.L. 111-152). On November 2, 2009, the House...
Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf...
Cruise Ship Pollution: Background, Laws and Regulations, and Key Issues
The cruise industry is a significant and growing contributor to the U.S. economy, providing more than $32 billion in benefits annually and generating more than 330,000 U.S. jobs, but also making the environmental impacts of its activities an issue to many. Although cruise ships represent a small fraction of the entire shipping industry worldwide, public attention to their environmental impacts comes in part from the fact that cruise ships are highly visible and in part because of the industry’s desire to promote a positive image.
Cruise ships carrying several thousand passengers and crew...
The Emergency Alert System (EAS) and All-Hazard Warnings
The Emergency Alert System (EAS) is built on a structure conceived in the 1950s when over-the-air broadcasting was the best-available technology for widely disseminating emergency alerts. The Federal Emergency Management Agency (FEMA) jointly administers EAS with the Federal Communications Commission (FCC), in cooperation with the National Weather Service (NWS), an organization within the National Oceanic and Atmospheric Administration (NOAA). The NOAA/NWS weather radio system has been upgraded to include an all-hazard warning capability. Measures to improve the NOAA network and a new...
Pirate attacks in the waters off the Horn of Africa, including those on U.S.-flagged vessels, have brought continued U.S. and international attention to the long-standing problem of piracy in the region. The United States has been an active participant in piracy interdiction and prevention operations focusing on the Horn of Africa region. As part of anti-piracy operations, the U.S. military has detained individuals accused of acts of piracy against U.S.-flagged vessels. In some instances these individuals have been released, others have been transferred to Kenya for criminal prosecution in...
Wellness Programs: Selected Legal Issues
Health care costs have risen dramatically in recent years, and employers providing health insurance, as well as other insurance providers, have struggled to find ways to contain costs. This has led to the introduction of incentives to promote healthy behaviors, often referred to as wellness programs. These programs take a myriad of forms from providing a gym at the workplace to subsidizing the co-pays of certain medications and linking health care benefits or discounts to certain healthy lifestyles. In Arkansas, for example, state employees who exercise more frequently or eat healthier...
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
This report discusses Congressional considerations regarding how to balance the federal government's growing need for sensitive or confidential business information, the public's right of access to information about government activities, and the private sector's interest in keeping its sensitive or proprietary information protected from public disclosure. The report discusses this issue in light of particularly the Freedom of Information Act (FOIA) and other similar legislation.
Stability in Russia’s Chechnya and Other Regions of the North Caucasus: Recent Developments
Terrorist attacks in Russia’s North Caucasus—a border area between the Black and Caspian Seas that includes the formerly breakaway Chechnya and other ethnic-based regions—appeared to increase substantially in 2007-2009. Moreover, civilian and government casualties reached levels not seen in several years and terrorist attacks again took place outside the North Caucasus. Although the number of terrorist incidents may have leveled off or even declined slightly in 2010 from the high levels of 2009, the rate of civilian and government casualties continued to increase throughout the North...
The Bush Tax Cuts and the Economy
The George W. Bush Administration enacted a series of tax cuts through the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003. This report examines these tax cuts within the context of the current and long-term economic environment.
Classified Information Policy and Executive Order 13526
Recently, there have been multiple high-profile incidents involving the release of classified government information. Perhaps most prominent was Wikileaks.org’s unauthorized publication of more than 600,000 classified Department of Defense documents. Such incidents have further heightened congressional, media, and public interest in classified information policy.
President Barack H. Obama issued Executive Order 13526 on “Classified National Security Information” on December 29, 2009, and Congress enacted P.L. 111-258, the Reducing Over-Classification Act, which President Obama signed into...
Agriculture and Greenhouse Gases
This report examines the implications for agriculture of the ongoing but inconclusive debate about global climate change. In that debate, agriculture’s role is multifaceted. Agriculture is both a source of several greenhouse gases (GHGs) and a “sink” for absorbing carbon dioxide, the most common GHG, thereby partly offsetting emissions. Overall, agriculture is a comparatively modest source of U.S. GHG emissions: it accounts for approximately 7% of U.S. emissions, while sectors such as transportation and electricity generation account for much larger shares. Agriculture’s GHG emissions are...
The Millennium Development Goals: The September 2010 U.N. High-level Meeting
From September 20 to 22, 2010, heads of state and government convened at United Nations (U.N.) Headquarters for a High-level Plenary Meeting to review progress toward the U.N. Millennium Development Goals (MDGs). The MDGs are a group of measurable development targets agreed to by 189 U.N. member states—including the United States—as part of the 2000 Millennium Declaration. The Goals, which governments aim to achieve by 2015, include (1) eradicating extreme hunger and poverty; (2) achieving universal primary education; (3) promoting gender equality and women’s empowerment; (4) reducing the...
Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
For the first time since the judicial impeachments of 1986-1989, the House of Representatives has impeached two federal judges. On June 19, 2009, the House voted to impeach U.S. District Judge Samuel B. Kent of the U.S. District Court for the Southern District of Texas. The impeachment trial of Judge Kent before the Senate was dismissed after Judge Kent resigned from office and the House indicated that it did not wish to pursue the matter further.
The impeachment inquiry with respect to U.S. District Court Judge G. Thomas Porteous, Jr., from the Eastern District of Louisiana was initiated...
The Genetic Information Nondiscrimination Act (GINA): Final Employment Regulations
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination based on genetic information by health insurers and employers. GINA is divided into two main parts: Title I, which prohibits discrimination based on genetic information by health insurers; and Title II, which prohibits discrimination in employment based on genetic information. Title II of GINA prohibits discrimination in employment because of genetic information and, with certain exceptions, prohibits an employer from requesting, requiring, or purchasing genetic information. The law prohibits the use of...
The Public Safety Employer-Employee Cooperation Act
Since 1995, legislation that would guarantee collective bargaining rights for state and local public safety officers has been introduced in Congress. The Public Safety Employer-Employee Cooperation Act (PSEECA)—introduced in the 111th Congress as H.R. 413 by Representative Dale E. Kildee, S. 1611 by Senator Judd Gregg, and S. 3194 and S. 3991 by Senator Harry Reid—would recognize such rights by requiring compliance with federal regulations and procedures if these rights are not provided under state law. Supporters of the measure maintain that strong partnerships between public safety...
The Stuxnet Computer Worm: Harbinger of an Emerging Warfare Capability
In September 2010, media reports emerged about a new form of cyber attack that appeared to target Iran, although the actual target, if any, is unknown. Through the use of thumb drives in computers that were not connected to the Internet, a malicious software program known as Stuxnet infected computer systems that were used to control the functioning of a nuclear power plant. Once inside the system, Stuxnet had the ability to degrade or destroy the software on which it operated. Although early reports focused on the impact on facilities in Iran, researchers discovered that the program had...
Who Regulates Whom? An Overview of U.S. Financial Supervision
This report provides an overview of current U.S. financial regulation: which agencies are responsible for which institutions, activities, and markets, and what kinds of authority they have. Some agencies regulate particular types of institutions for risky behavior or conflicts of interest, some agencies promulgate rules for certain financial transactions no matter what kind of institution engages in it, and other agencies enforce existing rules for some institutions, but not for others. These regulatory activities are not necessarily mutually exclusive.
Farm Safety Net Programs: Issues for the Next Farm Bill
Roughly every five years, Congress debates and revises omnibus legislation governing federal farm policy. Commodity provisions in the 2008 farm bill (P.L. 110-246) expire in 2012, and Congress is currently reviewing U.S. farm policy. The collection of federal farm programs, which make payments to farmers and landlords, is often referred to by the broader farming community as the “farm safety net.” Some programs such as “counter-cyclical payments” (which rise when crop prices decline) contain elements of a safety net—which is usually intended to protect recipients against economic risks....
Securing America’s Borders: The Role of the Intelligence Community
Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. Various border security missions are assigned to the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. The success of their efforts depends on the availability of reliable information on the nature of potential threats to border security.
Given the extent of the land borders and the long coastlines of the United States and the number of individuals and vehicles crossing...
Federal Employees: Pension COLAs and Pay Adjustments Since 1969
Congress has linked adjustments in federal pay to the ECI so that wages for federal employees will remain competitive with wages paid by firms in the private sector. Under the terms of the Federal Employees' Pay Comparability Act of 1990 (P.L. 101-509), pay for civilian federal employees is adjusted each year to keep the salaries of federal workers competitive with comparable occupations in the private sector. These annual adjustments in federal employee pay-which are distinct from any pay raises associated with within-grade step increases or promotions to a higher pay grade-are based on...
Clean Air Issues in the 111th Congress
EPA regulatory actions on greenhouse gas (GHG) emissions using existing Clean Air Act authority have been the main focus of congressional interest in clean air issues in recent months. Although the agency and the Obama Administration have consistently said that they would prefer that Congress pass legislation to address climate change, EPA has begun to develop regulations using its existing authority. On December 15, 2009, the agency finalized an “endangerment finding” under Section 202 of the Clean Air Act, which permits it (in fact, requires it) to regulate pollutants for their effect as...
Seafood Safety: Background and Issues
Although seafood consumption can contribute to a healthy diet, some fish and shellfish can cause foodborne illnesses or contain environmental contaminants. Are current food safety programs sufficiently protecting consumers, and if not, what changes should be considered? A complicating factor is that most of the seafood consumed in the United States is from imports.
The Food and Drug Administration (FDA) within the Department of Health and Human Services plays the lead role in ensuring the safety of both domestic and imported fish and shellfish, but other agencies, including the National...
Screening and Securing Air Cargo: Background and Issues for Congress
The October 2010 discovery of two explosive devices being prepared for loading on U.S.-bound all-cargo aircraft overseas has heightened concerns over the potential use of air cargo shipments to bomb passenger and all-cargo aircraft. The incidents have renewed policy debate over air cargo security measures and have prompted some policymakers to call for comprehensive screening of all air cargo, including shipments that travel on all-cargo aircraft.
U.S. policies and strategies for protecting air cargo have focused on two main perceived threats: the bombing of a passenger airliner carrying...
Hamas: Background and Issues for Congress
This report and its appendixes provide background information on Hamas, or the Islamic Resistance Movement, and U.S. policy towards it. It also includes information and analysis on (1) the threats Hamas currently poses to U.S. interests, (2) how Hamas compares with other Middle East terrorist groups, (3) Hamas’s ideology and policies (both generally and on discrete issues), (4) its leadership and organization, and (5) its sources of assistance. Finally, the report raises and discusses various legislative and oversight options related to foreign aid strategies, financial sanctions, and...
Bills and Resolutions: Examples of How Each Kind Is Used
When Congress seeks to pass a law, it uses a bill or joint resolution, which must be passed by both houses in identical form, then presented to the President for his approval or disapproval. To regulate its own internal affairs, or for other purposes where authority of law is not necessary, Congress uses a concurrent resolution (requiring adoption by both houses) or a simple resolution (requiring action only in the house of origin).
Bills are usually used for lawmaking purposes such as authorizing programs, appropriating funds, raising revenues, and other major policy enactments. Joint...
Ghana, an Emergent Oil Producer: Background and U.S. Relations
This report provides information on current developments in Ghana and Ghanaian-U.S. relations, which are close. Warm bilateral relations were signaled by President Barack Obama's July 2009 trip to Ghana. Ghana was chosen for his first travel as president to Africa because of its democratic and economic development successes. In Ghana, President Obama made the last of a four-part thematic series of major overseas speeches on key foreign policy issues. The speech in Ghana, to the national parliament, centered on the integral relationship between democracy, good governance, and development in...
Nuclear, Biological, Chemical, and Missile Proliferation Sanctions: Selected Current Law
The proliferation of nuclear, biological, and chemical weapons, and the means to deliver them, are front and center today for policy makers who guide and form U.S. foreign policy and national security policy, and economic sanctions are considered a valuable asset in the national security and foreign policy toolbox. The United States currently maintains robust sanctions regimes against foreign governments it has identified as proliferators (particularly Iran, North Korea, and Syria). If the 112th Congress takes up even a fraction of the proposals introduced by its predecessor involving...
Islamic Finance: Overview and Policy Concerns
Islamic finance is based on principles of shariah, or “Islamic law.” Major financial principles of shariah are a ban on interest, a ban on contractual uncertainty, adherence to risk-sharing and profit-sharing, promotion of ethical investments that enhance society, and asset-backing.
While the Islamic finance industry represents a fraction of the global finance market, it has grown at double-digit rates in recent years. By some estimates, total assets held globally under Islamic finance reached $1 trillion in 2010. Islamic banks have appeared to be more resilient than conventional banks to...
Allocations and Subdivisions in the Congressional Budget Process
The annual budget resolution sets forth total spending and revenue levels for at least five fiscal years. The spending amounts are allocated, or “crosswalked,” to the House and Senate committees having jurisdiction over discretionary spending (the Appropriations Committees) and direct spending (the legislative committees). The committee allocations provide Congress with one means of enforcing the spending levels of a budget resolution after it has been adopted.
While the budget resolution allocates spending among the 20 major functional categories of the federal budget for the purpose of...
Animal Identification and Traceability: Overview and Issues
Animal identification (ID) refers to keeping records on individual farm animals or groups of farm animals so that they can be easily tracked from their birth through the marketing chain. Historically, animal ID was used to indicate ownership and prevent theft, but the reasons for identifying and tracking animals have evolved to include rapid response to animal health and/or food safety concerns. As such, traceability is limited specifically to movements from the animal’s point of birth to its slaughter and processing location.
On February 5, 2010, Secretary of Agriculture Tom Vilsack...
This report provides an overview of the hate crime debate, with background on current law and hate crime statistics, and a legislative history of hate crime prevention bills in recent Congresses. This report does not analyze the constitutional or other legal issues that often arise as part of the hate crime debate.
Turkey: Selected Foreign Policy Issues and U.S. Views
This report focuses on the foreign policy of Turkey, a long-time valued U.S. NATO ally, and examines the ruling Justice and Development Party's (AKP) recalculation of the country's approach to foreign affairs and its possible effects on relations with the United States. This report surveys Turkish foreign policy issues that are of critical interest to U.S. officials and Members of Congress.
The international saga of Andrew Speaker, a traveler thought to have XDR-TB, a drug-resistant form of tuberculosis, placed a spotlight on existing mechanisms to contain contagious disease threats and raised numerous legal and public health issues. This report presents the factual situation presented by Andrew Speaker. It also discusses the application of various public health measures available to contain an emerging public health threat posed by an individual who ignores medical advice and attempts to board an airplane or take other forms of public transportation. These measures include...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title IX, Investor Protection
Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) contains 10 subtitles and 113 separate sections amending federal securities laws intended to improve investor protection. The range of Title IX’s provisions is very broad: some sections will bring significant changes to the securities business, while others are little more than technical clarifications of the Securities and Exchange Commission’s (SEC’s) authority. This report provides brief summaries of those provisions that create new SEC authority, that were controversial during the legislative...
North Korea’s 2009 Nuclear Test: Containment, Monitoring, Implications
On May 25, 2009, North Korea announced that it had conducted its second underground nuclear test. Unlike its first test, in 2006, there is no public record that the second one released radioactive materials indicative of a nuclear explosion. How could North Korea have contained these materials from the May 2009 event and what are the implications?
As background, the Comprehensive Nuclear-Test-Ban Treaty (CTBT) would ban all nuclear explosions. It was opened for signature in 1996. Entry into force requires ratification by 44 states specified in the treaty, including the United States and...
Advance Appropriations, Forward Funding, and Advance Funding
pppropriations acts generally make budget authority (or BA) available for use (or obligation) at the start of the fiscal year covered by the act. Sometimes appropriations bills provide a different date for specified budget authority within the act to become first available so that the funding cycle does not coincide with the fiscal year
generally covered by the act. There are three types of this kind of budget authority: advance appropriations, forward funding, and advance funding.
Long-Term Unemployment and Recessions
The recession that began in the United States in December 2007 and officially ended in June 2009 was one of the deepest and the longest since the Great Depression. One feature that distinguishes the recent recession from its postwar predecessors is the historically high percentage of workers who have been unemployed for more than six months (the long-term unemployed). This report analyzes the trend in long-term unemployment over the postwar period and offers explanations for its unusually high incidence during the most recent postwar recession. It compares the individual, job, and...
EPA’s BACT Guidance for Greenhouse Gases from Stationary Sources
Stationary sources—a term that includes power plants, petroleum refineries, manufacturing facilities, and other non-mobile sources of air pollution—are not yet subject to any greenhouse gas (GHG) emission standards issued by the EPA; but because of the Clean Air Act’s wording, such stationary sources will become subject to permit requirements for their GHG emissions beginning on January 2, 2011. Affected units will be subject to the permitting requirements of the Prevention of Significant Deterioration (PSD) and Title V provisions. For PSD, this will include state determinations of what...
The appointment process for advice and consent positions consists of three main stages. The first stage is selection, clearance, and nomination by the President. This step includes preliminary vetting, background checks, and ethics checks of potential nominees. At this stage, the president may also consult with Senators who are from the same party if the position is located in a state. The second stage of the process is consideration of the nomination in the Senate, most of which takes place in committee. Finally, if a nomination is approved by the full Senate, the nominee is given a...
International Climate Change: A Negotiations Side-by-Side
This report discusses various cooperative international efforts to address the issue of global climate change. The two major international agreements discussed in a side-by-side comparison are the 1997 Kyoto Protocol and the 2010 Copenhagen Accord. The report discusses how many observers are hoping that initiatives carried out under the Copenhagen Accord may help bridge divides between the various tracks and economic groupings established under the Kyoto Protocol.
Members and leaders of both parties have questioned whether legislative practices, while consistent with House rules, have gotten out of balance, with too much deliberation sacrificed to efficiency or electioneering. They have made speeches, introduced resolutions, and, when in the minority, issued critiques of the House’s legislative management. Practices targeted have included waivers of layover rules, use of structured and closed special rules, and waivers of committee assignment limitations. The purpose of this report is to provide Members with an analysis of House legislative rules...
Flooding in Pakistan: Overview and Issues for Congress
Pakistan experienced a catastrophic natural disaster that has precipitated a humanitarian crisis of major proportions. Widespread flooding affected about 20 million Pakistanis and inundated an area the size of Florida within the country. Congressional interest in the flooding stems from the significant humanitarian and economic implications for the country, and the security implications for U.S. interests in the region. The World Bank and Asian Development Bank have estimated that the flooding has caused $9.7 billion in damages. While this figure might still be preliminary, it is almost...
Special Rules and Options for Regulating the Amending Process
A special rule is a House resolution intended to regulate floor consideration of a specific legislative measure named in the resolution. When adopted by the House, the requirements prescribed by a special rule can supersede the standing rules of the House (as well as rulemaking provisions in statutes such as the Congressional Budget Act), but only in application to the measure named. Special rules serve two key functions: (1) to enable the House to consider a specified measure, and (2) to establish specific terms for considering it, including any modifications of the amending process. This...
House Rules Committee Hearings on Special Rules
When the Rules Committee reports a resolution on the order of business, commonly called a “rule” or “special rule,” the committee usually has two purposes in mind: first, to make it in order for the House to consider a measure that was reported by another committee; and second, to establish the terms under which the House will debate, amend, and vote on that measure. Before reporting a special rule, the Rules Committee typically holds a hearing at which members appear as witnesses to discuss both questions: whether the House should consider the bill at issue; and, if so, how the bill...
Special Rules and Waivers of House Rules
A special rule is a House resolution intended to regulate floor consideration of a specific legislative measure named in the resolution. The requirements prescribed by a special rule can supersede the standing rules of the House (as well as rulemaking provisions in statutes such as the Congressional Budget Act), but only in application to the measure named. Special rules have two key functions: (1) to enable the House to consider a specified measure, and (2) to establish specified terms for considering it. Waivers are one aspect of this second function. For more information on legislative...
During the summer of 2010, several employees and individuals with power-of-attorney signing authority for major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, were deposed as part of foreclosure contests. These depositions raised concerns about what has been characterized as “robo-signing”—the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosures. As a result of these depositions, many have questioned whether...
The Developmental Disabilities Act
The Developmental Disabilities Assistance and Bill of Rights Act (commonly known as the DD Act) provides federal financial assistance to states and public and nonprofit agencies to support community-based delivery of services to persons with developmental disabilities. The DD Act defines developmental disabilities (DD) as severe, life-long disabilities attributable to mental and/or physical impairment. The aim of the DD Act is to help individuals with DD maximize their potential through increased independence, productivity, inclusion, and integration into the community.
Title I of the DD...
Options for a Federal Renewable Electricity Standard
The choice of power generation technology in the United States is heavily influenced by the cost of fuel. Historically, the use of fossil fuels has provided some of the lowest prices for generating electricity. But growing concerns over greenhouse gas emissions and other environmental costs associated with burning fossil fuels are leading some utilities and energy providers to deploy more renewable energy technologies to meet power demands.
State governments have generally led the way in encouraging deployment of renewable energy technologies. Many states are essentially picking up where...
One-time Payment in Lieu of a Social Security COLA
In October 2010, the Social Security Administration announced that Social Security beneficiaries will not receive a cost-of-living adjustment (COLA) in 2011 for the second consecutive year. The COLA is based on a formula in the Social Security Act and the change in prices as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Because consumer prices reached a peak in 2008 and have not regained that peak over the measurement periods used to determine the COLA for 2010 and 2011, Social Security benefits remain flat at their 2009 levels. Stated another...
This report provides background and context on the origins of the Minerals Management Service (MMS) in the Department of the Interior (DOI). The April 2010 Deepwater Horizon explosion and oil spill refocused attention on MMS, which had previously endured management challenges. The report also discusses Secretary Kenneth L. Salazar's handling of conflicts within MMS, potential congressional options regarding MMS reorganization, historical examples of similar reorganization efforts, and information on related legislative initiatives.
Surface Transportation Funding and Finance
This report discusses changes in funding to the national surface transportation infrastructure, especially in light of the recession that began in 2007, which led to decreases in driving and fuel use. This report focuses on possible revenue sources for surface transportation infrastructure. It begins with a brief discussion of the problems associated with the trust fund financing system and then
explores possible immediate and longer-term solutions to the financing problem.
General Motors' Initial Public Offering: Review of Issues and Implications for TARP
This report analyzes the progress General Motors Company has made since it was created from the sale of the bankrupt Old GM in July 2009 and the major issues related to its anticipated 2010 initial public offering (IPO).
The majority of the world’s Muslim population follows the Sunni branch of Islam, and approximately 10%-15% of all Muslims follow the Shiite (Shi’ite, Shi’a, Shia) branch. Shiite populations constitute a majority in Iran, Iraq, Bahrain, and Azerbaijan. There are also significant Shiite populations in Afghanistan, Kuwait, Lebanon, Pakistan, Saudi Arabia, Syria, and Yemen. Sunnis and Shiites share most basic religious tenets. However, their differences sometimes have been the basis for religious intolerance, political infighting, and sectarian violence.
This report includes a historical...
Afghanistan: U.S. Rule of Law and Justice Sector Assistance
Developing effective Afghan justice sector institutions is considered by many observers to be essential in winning the support of the Afghan population, improving the Afghan government’s credibility and legitimacy, and reducing support for insurgent factions. Such sentiments are reinforced in the face of growing awareness of the pervasiveness of Afghan corruption. To this end, establishing the rule of law (ROL) in Afghanistan has become a priority in U.S. strategy for Afghanistan and an issue of interest to Congress. Numerous U.S. programs to promote ROL are in various stages of...
Water Reuse and the Title XVI Program: Legislative Issues
Congress authorized the Department of the Interior (DOI) to undertake a program to provide federal financing for water reuse (i.e., planned beneficial use of treated wastewater and impaired surface and groundwater) with passage of the Reclamation Wastewater and Groundwater Studies Feasibility Act of 1992 (Title XVI of P.L. 102-575). The Department of the Interior’s implementation of the program by the Bureau of Reclamation at times has been contentious. Many Members of Congress, particularly from water-scarce western states, have supported the program and specific projects. However, with a...
Interactions Between the Social Security COLA and Medicare Part B Premiums
On October 15, 2010, the Social Security Administration announced there will be no Social Security cost-of-living adjustment (COLA) in 2011. In addition, there was no Social Security COLA in 2010. The last positive Social Security COLA took effect in January 2009 and was 5.8% for all of 2009. Meanwhile, over the past five years, Medicare Part B program costs have increased an average of 8.3% per year and are expected to continue to grow. By statute, Part B premiums, which are automatically deducted from Social Security checks for those who receive Social Security, must cover 25% of...
Obstruction of justice is the impediment of governmental activities. There are a host of federal criminal laws that prohibit obstructions of justice. The six most general outlaw obstruction of judicial proceedings (18 U.S.C. 1503), witness tampering (18 U.S.C. 1512), witness retaliation (18 U.S.C. 1513), obstruction of congressional or administrative proceedings (18 U.S.C. 1505), conspiracy to defraud the United States (18 U.S.C. 371), and contempt (a creature of statute, rule and common law). All but Section 1503 cover congressional activities.
The laws that supplement, and sometimes...
Raising the Tax Rates on High-Income Taxpayers: Pros and Cons
This report focuses on the debate over whether the top two marginal tax rates should be permitted to rise back to their 2001 levels, once the temporary tax provisions known as the "Bush tax cuts" expire on December 31, 2010. The report discusses arguments for and against raising the tax rates.
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, it is several crimes. Obstruction prosecutions regularly involve charges under several statutory provisions. Federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report.
The general obstruction of justice provisions are six: 18 U.S.C. 1512 (tampering with federal witnesses), 1513 (retaliating against federal witnesses), 1503 (obstruction of pending federal court proceedings),...
The Substance Abuse and Mental Health Services Administration (SAMHSA), within the Department of Health and Human Services (HHS), provides federal funding to support community-based mental health and substance abuse prevention and treatment services. SAMHSA awards formula and competitive grants under its authorities in Title V of the Public Health Service Act (PHSA). The agency also administers the $1.8 billion Substance Abuse Prevention and Treatment (SAPT) block grant and the $420 million Community Mental Health Services (CMHS) block grant, both of which are authorized in PHSA Title XIX....
Countering Terrorism in East Africa: The U.S. Response
The United States government has implemented a range of programs to counter violent extremist threats in East Africa in response to Al Qaeda’s bombing of the U.S. embassies in Tanzania and Kenya in 1998 and subsequent transnational terrorist activity in the region. These programs include regional and bilateral efforts, both military and civilian. The programs seek to build regional intelligence, military, law enforcement, and judicial capacities; strengthen aviation, port, and border security; stem the flow of terrorist financing; and counter the spread of extremist ideologies. Current...
Oil Spill Legislation in the 111th Congress
This report summarizes provisions of selected legislation—enacted and proposed—that addresses oil spill policy issues raised after the April 20, 2010, explosion and resulting oil spill at the Deepwater Horizon drilling platform in the Gulf of Mexico.
The 2010 Gulf oil spill has generated considerable interest in oil spill issues. The House of Representatives has conducted at least 33 hearings in 10 committees. The Senate has conducted at least 30 hearings in eight committees. Members have introduced over 150 legislative proposals that have included one or more provisions that would affect...
Administrative Issues Related to a Change in Majority in the House of Representatives
This report briefly describes how a change in majority leadership in the House of Representatives -- such as the incoming new majority that will assume control of House operations at the beginning of the 112th Congress in January 2011 -- could affect House rules, committees, and administrative and legislative operations.
The average tenure of Members of the Senate and House of Representatives at the beginning of each Congress has varied substantially since 1789. The purpose of this report is to provide a Congress-by-Congress summary of the average years of service for Senators and Representatives for the First through the 111th Congresses. The report contains a brief summary of some of the explanations by political scientists and others for the various changes in the average years of service.
The Americans with Disabilities Act (ADA): Final Rule Amending Title II and Title III Regulations
The Americans with Disabilities Act (ADA) has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” On July 26, 2010, the 20th anniversary of the passage of the ADA, the Department of Justice (DOJ) issued final rules amending the existing regulations under ADA title II (prohibiting discrimination against individuals with disabilities by state and local governments) and ADA title III (prohibiting discrimination against individuals with disabilities by places of public accommodations). The new...
Veterans Affairs: Benefits for Service-Connected Disabilities
This report describes disability compensation, which is a benefit Congress provides to American veterans and their dependents through the United States Department of Veterans Affairs (VA). Disability compensation is a monthly cash benefit program for veterans currently impaired from past service-connected activities.
Winter Fuels Outlook 2010-2011
The Energy Information Administration (EIA) in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2010-2011 winter heating season projects that American consumers should expect to see heating expenditures rise by 2.5% on average compared to last winter. Average expenditures for those heating with natural gas are projected to see an increase of 3.6%, while those heating with electricity are projected to see a decline in expenditures of 1.9%. These two fuels account for the heating for approximately 88% of all U.S. households. Propane and home heating oil consumers are projected...
Immigration Reform Issues in the 111th Congress
There is a broad-based consensus that the U.S. immigration system is broken. This consensus erodes, however, as soon as the options to reform the U.S. immigration system are debated. The number of foreign-born people residing in the United States is at the highest level in U.S. history and has reached a proportion of the U.S. population—12.6%—not seen since the early 20th century. Of the 38 million foreign-born residents in the United States, approximately 16.4 million are naturalized citizens. According to the latest estimates by the Department of Homeland Security (DHS), about 10.8...
The Americans with Disabilities Act (ADA) and Service Animals
The Americans with Disabilities Act (ADA) has as its purpose providing “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” In order to effectuate this purpose, the ADA and its regulations require reasonable accommodation or modifications in policies, practices, or procedures when such modifications are necessary to render the goods, services, facilities, privileges, advantages, or accommodations accessible to individuals with disabilities. The reasonable accommodation or modification requirement has been interpreted to...
The Status of the Basel III Capital Adequacy Accord
The new Basel Capital Adequacy Accord (Basel III) is an agreement among countries' central banks and bank supervisory authorities on the amount of capital banks must hold as a cushion against losses and insolvency. Basel III is of concern to Congress mainly because it could put U.S. financial institutions at a competitive disadvantage in world financial markets. This report follows the basic elements of the Basel III documents on the types of capital requirements and their phase-in schedule, which were approved by the Basel member central bank governors on September 12, 2010. The elements...
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
The increased presence of foreign students in graduate science and engineering programs and in the scientific workforce has been and continues to be of concern to some in the scientific community. Enrollment of U.S. citizens in graduate science and engineering programs has not kept pace with that of foreign students in those programs. In addition to the number of foreign students in graduate science and engineering programs, a significant number of university faculty in the scientific disciplines are foreign, and foreign doctorates are employed in large numbers by industry.
Few will...
Accelerated Vehicle Retirement Programs in Japan and South Korea: Background for Congress
This report discusses the accelerated vehicle retirement (AVR) programs initiated in 2009 by the United States, Japan, South Korea, and other industrial nations (commonly known in the U.S. as the "cash for clunkers" program). The U.S. program began in June 2009, when President Obama signed the Consumer Assistance to Recycle and Save (CARS) Act. The report discusses how these various AVR programs affected the automobile industries in the U.S., Japan, and South Korea, specifically. Neither Japan nor South Korea imports large numbers of foreign vehicles, a circumstance not much altered by AVR...
With today’s large federal deficit, some Members of Congress have become interested in institutional mechanisms that Congress has used in the past in attempts to address one component of this issue—federal spending. One mechanism that has drawn interest is the Joint Committee on Reduction of Non-Essential Federal Expenditures, which existed from 1941 to 1974. It was also known eponymously as the Byrd committee, after its advocate and long-time chair, Senator Harry F. Byrd. The joint committee was established by Section 601 of the Revenue Act of 1941, and terminated by the Congressional...
The President makes appointments, with the advice and consent of the Senate, to some 152 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions. This appointment process consists of three distinct stages: selection, clearance, and nomination by the President; consideration by the Senate; and appointment by the President. These advice and consent positions can also temporarily be filled by the President alone through a recess appointment. Membership positions on this set of collegial bodies often have fixed terms, and incumbents are often...
Congress, the Administration, and the courts are considering many issues related to the Bureau of Land Management (BLM) public lands and the Forest Service (FS) national forests. Key issues include the following.
Energy Resources. The Energy Policy Act of 2005 (P.L. 109-58) led to new regulations on federal land leasing for oil and gas, oil shale, geothermal, and renewable energy. The Obama Administration is reviewing some rules and has withdrawn certain oil and gas leases in Utah.
Hardrock Mining. The General Mining Law of 1872 allows prospecting for minerals in open public domain lands....
Cellulosic Ethanol: Feedstocks, Conversion Technologies, Economics, and Policy Options
In the Energy Independence and Security Act of 2007 (P.L. 110-140), Congress mandated the use of a large and rapidly increasing volume of biofuels as part of the U.S. national transportation fuel base. In particular, the share of cellulosic biofuels is mandated to grow to 16 billion gallons by 2022—a daunting challenge considering that no commercial production existed as of mid-2010. Cellulosic biofuels can be produced from almost any sort of biomass. As a result, a variety of biomass types that can be produced or collected under a range of geographic settings are potential feedstock...
Recreation Fees Under the Federal Lands Recreation Enhancement Act
The Federal Lands Recreation Enhancement Act (FLREA in P.L. 108-447) established a new recreation fee program for five federal agencies—the Bureau of Reclamation (Reclamation), National Park Service (NPS), Fish and Wildlife Service (FWS), and Bureau of Land Management (BLM) in the Department of the Interior (DOI) and the Forest Service (FS) in the Department of Agriculture (USDA). The law authorizes these agencies to charge fees at recreation sites through December 8, 2014. It provides for different kinds of fees, criteria for charging fees, public participation in determining fees, and...
Market and technological changes are creating challenges to the long-standing business models employed by broadcast television networks and local television stations, but at the same time generating potential opportunities. The changes also may be affecting the three pillars of U.S. government media policy—localism, diversity of voices, and competition—and damping the effectiveness of existing regulations intended to foster them. These changes generally are strengthening the position of parties that own or control popular content in their negotiations with distributors of video...
Legal Issues Relating to the Disposal of Dispensed Controlled Substances
According to the White House Office of National Drug Control Policy, the intentional use of prescription drugs for non-medical purposes is the fastest-growing drug problem in the country and the second-most common form of illicit drug abuse among teenagers in the United States, behind marijuana use. Young adults and teenagers may find their parents’ prescription drugs in unsecured medicine cabinets or other obvious locations in the home, or they may retrieve expired or unwanted medication from the trash. It is believed that properly disposing of unwanted medications would help prevent...
The Deepwater Horizon Oil Spill: Coastal Wetland and Wildlife Impacts and Response
The explosion of the Deepwater Horizon drilling rig in the Gulf of Mexico on April 20, 2010, and the resulting oil spill began a cascade of effects on the coastal areas of the Gulf and on the wealth of species that inhabit those areas. This report addresses the importance of wetlands in general, the ecology of the coastal wetlands in the Gulf, impacts of oil spills on wetland habitats, response options, the implications of hurricane season for the spill's impacts, and cleanup and recovery issues. The emphasis is on the
nearshore environment, although a few species found in deeper waters...
The explosion of the Deepwater Horizon oil rig and subsequent oil spill into the Gulf of Mexico has led to substantial damages, particularly in the form of lost wages and income. BP has begun to make interim payments to compensate for lost income resulting from the oil spill. Individuals and businesses impacted by the oil spill may file a claim with the Gulf Coast Claims Facility, an independent entity established to administer the claims, with payments coming from an escrow account funded by BP. The tax consequences of these payments to the recipients will depend on the nature of the...
The Use of Seclusion and Restraint in Public Schools: The Legal Issues
Seclusion and restraint have been used in various situations to deal with violent or noncompliant behavior. Because of congressional interest in the use of seclusion and restraint in schools, including passage of H.R. 4247 and the introduction of S. 2860, 111th Congress, first session, this report focuses on the legal issues concerning the use of these techniques in schools, including their application both to children covered by the Individuals with Disabilities Education Act (IDEA) and to those not covered by IDEA.
Several reports have documented instances of deaths and injuries...
Some in Congress have expressed concern about the government’s use of private-sector lead system integrators (LSIs) for executing large, complex, defense-related acquisition programs. LSIs are large, prime contractors hired to manage such programs. Supporters of the LSI concept argue that it is needed to execute such complex acquisition efforts, and can promote better technical oversight and innovation. Two LSI-managed programs—the U.S. Army’s Future Combat System (FCS) and the U.S. Coast Guard’s Deepwater program—have been strongly criticized by some observers because of cost and schedule...
The 2007-2009 Recession: Similarities to and Differences from the Past
According to the National Bureau of Economic Research (NBER), the U.S. economy was in a recession for 18 months from December 2007 to June 2009. It was the longest and deepest recession of the post-World War II era. The recession can be separated into two distinct phases. During the first phase, which lasted for the first half of 2008, the recession was not deep as measured by the decline in gross domestic product (GDP) or the rise in unemployment. It then deepened from the third quarter of 2008 to the first quarter of 2009. The economy continued to contract slightly in the second quarter...
Burma's 2010 Election Campaign: Issues for Congress
Burma is to hold its first parliamentary elections in 20 years on November 7, 2010. The polls raise questions about U.S. policy towards the Burmese regime, coming in the context of two decades of largely isolationist U.S. policy towards Burma. Some argue that these elections, even if far from free and fair, offer a limited opportunity for political change, even if evolutionary. Others believe that the ruling junta's restrictions on electoral activity thus far demonstrate that it has little interest in democracy or in loosening its repressive policies. These considerations weigh deeply in...
What Effects Would the Expiration of the 2001 and 2003 Tax Cuts Have on the Economy?
In 2001 and 2003, Congress enacted major tax cuts (popularly referred to as the "Bush tax cuts"), the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003. Congress is currently debating whether to extend some or all of these tax cuts that are scheduled to expire at the end of 2010. This report discusses the two main economic arguments against allowing the tax cuts to expire as scheduled, using historical evidence and by examining the current economic environment.
Legislation to augment telework in executive agencies of the federal government is currently pending in the 111th Congress. S. 707, the Telework Enhancement Act of 2010, and H.R. 1722, the Telework Improvements Act of 2010, were introduced on March 25, 2009, by Senator Daniel Akaka and Representative John Sarbanes, respectively. The Senate passed S. 707, amended, under unanimous consent on May 24, 2010. The House passed H.R. 1722, amended, on July 14, 2010, on a 290-131 (Roll No. 441) vote. The Senate agreed to an amendment in the nature of a substitute to H.R. 1722, and then passed H.R....
Public Transit New Starts Program: Issues and Options for Congress
The New Starts program provides federal funds to public transit agencies on a largely competitive basis for the construction of new fixed-guideway transit systems and the expansion of existing fixed-guideway systems. New Starts has funded the development of bus rapid transit (BRT) and ferries, as these are eligible under the definition of fixed-guideway, but the vast majority of funding has gone to transit rail systems. Partly as a result of federal support, rail transit route-mileage in the United States almost doubled between 1985 and 2008, and rail transit passenger trips and passenger...
Federal Land Management Agencies’ Mandatory Spending Authorities
The four major land management agencies have numerous special funds and trust funds that have mandatory spending authority, with the money available to be spent without further action by Congress. The four agencies have 81 accounts with mandatory spending authority, averaging $2.7 billion in annual budget authority for FY2005-FY2009, more than a quarter of annual agency funding. Most accounts are funded with receipts from the sale or lease of federal lands and resources; other sources include excise taxes, licensing fees, import duties, donations, and more. Many accounts fund agency...
Improper Payments Information Act of 2002: Background, Implementation, and Assessment
This report discusses the Improper Payments Information Act (IPIA), which was signed into law in 2002 with the intention of increasing financial accountability in the federal government, thereby reducing wasteful spending.
Selected Church-State Issues in Elementary and Secondary Education
The Elementary and Secondary Education Act (ESEA) contains a number of separately authorized programs, which generally distribute funds by formulas that prescribe how funds are to be allocated among state educational agencies (SEAs) or local educational agencies (LEAs) nationwide. The ESEA raises a number of legal issues, particularly relating to the First Amendment, regarding state assistance or involvement in issues of religion or religious schools. As Congress considers whether to reauthorize the ESEA, it may be interested in the state of the law with respect to church-state issues in...
The Kurdish-inhabited region of northern Iraq has been relatively peaceful and prosperous since the fall of Saddam Hussein. However, the Iraqi Kurds’ political autonomy, and territorial and economic demands, have caused friction with Prime Minister Nuri al-Maliki and other Arab leaders of Iraq, and with Christian and other minorities in the north. As the United States transitions to a support role in Iraq, these tensions are assessed by U.S. commanders as having the potential to erode the security gains that have taken place in Iraq since 2007. Some U.S. officials want to establish clear...
On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) issued a proposed policy letter on inherently governmental functions and other "work reserved for performance by federal government employees." While
not final, the policy letter represents the Obama Administration's proposed guidance for agencies determining (1) whether particular functions are inherently governmental and (2) when functions closely associated with the performance of inherently governmental functions and critical functions should be performed by government...
Military Construction, Veterans Affairs, and Related Agencies: FY2011 Appropriations
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. It capitalizes military family housing and the U.S. share of the NATO Security Investment Program, and finances the implementation of installation closures and realignments. It underwrites veterans benefit and health care programs administered by the Department of Veterans Affairs, provides for the creation and maintenance of U.S. cemeteries and...
Food and Drug Administration FY2011 Budget and Appropriations
The President’s budget request for FY2011 included $4.032 billion for the Food and Drug Administration (FDA). The total is made of $2.508 billion in direct appropriations (which FDA calls budget authority) and $1.523 billion in user fees. Overall, the request is 22.8% more than the enacted FY2010 total appropriation, with budget authority up 6.2% and fees up 65.2%. Most of the increase would come from proposed new user fees to support generic drug activities, food export certification, reinspection, and food inspection and facility registration. For continuing user fee programs...
Coastal Zone Management: Background and Reauthorization Issues
The Coastal Zone Management Act (CZMA) was first enacted in 1972, at a time when coordinated land use planning was generally supported in Congress. Planning was seen as central to protecting natural resources while fostering wise development in the coastal zone. Since 1972, pressures for both preservation and development have grown more intense as people continue to migrate to coastal areas to take advantage of economic opportunities, to retire, and to pursue recreational interests; as economic activities continue to concentrate in coastal locations; and as natural resources are threatened...
Marine Protected Areas: An Overview
There continues to be congressional interest in limiting human activity in certain areas of the marine environment, as one response to mounting evidence of declining environmental quality and populations of living resources. The purposes of proposed additional limits would be both to stem declines and to permit the rehabilitation of these environments and populations. One method of implementing this concept is for Congress to designate areas where activities would be limited, often referred to as marine protected areas (MPAs). Translating the MPA approach into a national program, however,...
Mortgage Markets in Selected Developed Countries
The United States, Canada, Denmark, and Australia are advanced economies that share many features, but their approaches to financing homeownership have differed. As the U.S. Congress considers housing finance reform, the experiences of these other nations may suggest some potentially useful policy approaches.
In recent years, homeownership rates in the United States, Canada, and Australia have been similar: 66.9% in the United States, 68.4% in Canada, and 69.8% in Australia. Denmark’s homeownership rate of 54.0% is low for this group of nations and for countries with developed...
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against an otherwise qualified individual with a disability solely by reason of disability in any program or activity receiving federal financial assistance or under any program or activity conducted by an executive agency or the U.S. Postal Service. Section 504 was the first federal civil rights law generally prohibiting discrimination against individuals with disabilities. This report examines Section 504, recent amendments to the definition of disability, Section 504’s regulations, and Supreme Court interpretations....
The Americans with Disabilities Act (ADA): Proposed Employment Regulations
The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” In 2008, Congress enacted the ADA Amendments Act (ADAAA), P.L. 110-325, to address Supreme Court decisions which interpreted the definition of disability narrowly. On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations under the ADA Amendments...
Beginning and End of the Terms of United States Senators Chosen to Fill Senate Vacancies
Under the Constitution, the Rules of the Senate, statutory law, and consistent Senate practice, an individual elected to the United States Senate in a special election during a session of Congress to succeed an appointed Senator may begin his or her term of office upon receipt by the Senate of “credentials” in proper form from the state, and by taking the constitutionally required oath of office in open Senate session. The appointed Senator who is being succeeded remains in office until the new “Senator-elect” is qualified (i.e., is sworn in and seated as a “Senator” by the Senate).
If a...
State Statutes Governing Hate Crimes
Concerns about hate crimes have become increasingly prominent among policymakers at all levels of government in recent years. This report compiles state statutes pertaining to hate crimes, including in the context of federal legislation such as the Violent Crime Control and Law Enforcement Act of 1994 and the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (the latter of which was signed by President Obama on October 28, 1999).
Managing Electronic Waste: Issues with Exporting E-Waste
Electronic waste (e-waste) is a term that is used loosely to refer to obsolete, broken, or irreparable electronic devices like televisions, computer central processing units (CPUs), computer monitors (flat screen and cathode ray tubes), laptops, printers, scanners, and associated wiring. E-waste has become a concern in the United States due to the high volumes in which it is generated, the hazardous constituents it often contains (such as lead, mercury, and chromium), and the lack of regulations applicable to its disposal or recycling.
Under most circumstances, e-waste can legally be...
China’s Sovereign Wealth Fund: Developments and Policy Implications
China’s ruling executive body, the State Council, established the China Investment Corporation (CIC), a sovereign wealth fund, in September 2007 to invest $200 billion of China’s then $1.4 trillion in foreign exchange reserves. As with other sovereign wealth funds worldwide, the CIC’s existence allows China to invest its reserves in a wide range of assets, including stocks, bonds, and hedge funds. After a rocky start in which it incurred losses of 2.1% on its global investments in 2008 – caused in part by aftereffects of the global financial crisis of 2007 – the CIC’s rate of return in...
The ADA Amendments Act: P.L. 110-325
The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”
The threshold issue in any ADA case is whether the individual alleging discrimination is an individual with a disability. Several Supreme Court decisions, including those in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999), and Toyota Motor Manufacturing v. Williams, 534 U.S. 184...
Veterans Affairs: Health Care and Benefits for Veterans Exposed to Agent Orange
This report provides an overview of health care services and disability compensation benefits available to Vietnam veterans, Children of Vietnam Era veterans, and non-Vietnam veterans
exposed to herbicides. This is followed by a discussion of litigation pertaining to Navy veterans of the Vietnam Era who served offshore and were never physically present on Vietnamese soil. The report concludes with a discussion of epidemiologic research conducted to study the health effects of Agent Orange and dioxin exposure on Vietnam veterans.
High-Deductible Health Plans and Health Savings Accounts: An Empirical Review
Health Savings Accounts (HSAs), as authorized by the Medicare Prescription Drug, Improvement, and Modernization Act (P.L. 108-173, MMA) of 2003, are tax-preferred savings accounts used to pay for unreimbursed qualified medical expenses such as health insurance deductibles, copayments, and services not covered by insurance. To contribute to an HSA, the insured must have a high-deductible health plan (HDHP), and generally no other health insurance coverage. One of a number of the stated goals of the 2003 legislation is to encourage workers to better save for their health care in retirement....
Private Health Insurance Provisions in the Patient Protection and Affordable Care Act (PPACA)
The Patient Protection and Affordable Care Act (P.L. 111-148, PPACA) was signed into law on March 23, 2010. On March 30, 2010, PPACA was amended by P.L. 111-152, the Health Care and Education Reconciliation Act of 2010. This report summarizes the key provisions in PPACA (hereafter referring to PPACA as amended by P.L. 111-152) that affect private health insurance. PPACA imposes new requirements on individuals, employers, and health plans; restructures the private health insurance market; sets minimum standards for health coverage; and provides financial assistance to certain individuals...
Agricultural Conservation Issues in the 111th Congress
Agricultural conservation has been a public policy issue for more than 60 years. Congress has repeatedly taken action on the issue through water and soil legislation, often as part of omnibus farm bills. Early policy decisions were directed at addressing natural resource concerns on the farm, primarily reducing high levels of soil erosion and providing water to agriculture in quantities and quality that enhanced farm production. In more recent years, conservation policy has shifted to concerns about the off-farm impacts of agricultural activities.
The latest farm bill, the Food,...
China's Steel Industry and Its Impact on the United States: Issues for Congress
This report provides an overview of China's steel industry and discusses the issues and implications with regard to the U.S. steel sector.
State Children’s Health Insurance Program (CHIP): A Brief Overview
The Balanced Budget Act of 1997 (BBA 97; P.L. 105-33) established the State Children’s Health Insurance Program (CHIP) under a new Title XXI of the Social Security Act and provided annual appropriations for CHIP through FY2007. The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA, H.R. 2, P.L. 111-3), which was signed into law on February 4, 2009, provided CHIP appropriations through FY2013 and made other changes.
In general, CHIP allows states to cover targeted low-income children with no health insurance in families with income above Medicaid eligibility levels....
Medicaid Checklist: Considerations in Adding a Mandatory Eligibility Group
All poor American children and pregnant woman are eligible for Medicaid or the State Children’s Health Insurance Program (CHIP), although millions are not enrolled. However, some other populations’ upper income eligibility threshold for Medicaid is often well below the federal poverty level. For working parents of dependent children, for example, the median Medicaid upper income eligibility threshold among the states is 68% of poverty—less than $10,000 a year for a single parent with a child. (For parents who are not working, the median Medicaid upper income eligibility threshold among the...
Perchlorate Contamination of Drinking Water: Regulatory Issues and Legislative Actions
Perchlorate is the explosive component of solid rocket fuel, fireworks, road flares, and other products. Used heavily by the Department of Defense (DOD) and related industries, perchlorate also occurs naturally and is present in some organic fertilizer. This soluble, persistent compound has been detected in drinking water supplies, especially in California. It also has been found in milk and many foods. Because of this widespread occurrence, concern over the potential health risks of perchlorate exposure has increased, and some states, water utilities, and Members of Congress have urged...
Private Health Insurance Provisions of H.R. 3962
This report summarizes key provisions affecting private health insurance, including provisions to raise revenues, in Division A of H.R. 3962, the Affordable Health Care for America Act, as passed by the House of Representatives on November 7, 2009. H.R. 3962 is based on H.R. 3200, America’s Affordable Health Choices Act of 2009, which was originally introduced on July 14, 2009, and was reported separately on October 14, 2009, by three House Committees—Education and Labor, Energy and Commerce, and Ways and Means.
Division A of H.R. 3962 focuses on reducing the number of uninsured,...
PPACA Requirements for Offering Health Insurance Inside Versus Outside an Exchange
The Patient Protection and Affordable Care Act (PPACA, P.L. 111-148, as amended) establishes new federal private health insurance standards, many of which are not required to be implemented until 2014. In addition, by 2014, states are to establish “American Health Benefit Exchanges.” These exchanges cannot be insurers, but will provide eligible individuals and small businesses with access to insurers’ plans in a comparable way, and will have criteria for permitting plans’ participation in the exchange. This report lists the private health insurance market reforms of the new health reform...
Defense Logistical Support Contracts in Iraq and Afghanistan: Issues for Congress
This report examines Department of Defense (DOD) logistical support contracts for troop support services in Iraq and Afghanistan administered through the U.S. Army’s Logistics Civil Augmentation Program (LOGCAP), as well as legislative initiatives which may impact the oversight and management of logistical support contracts. LOGCAP is an initiative designed to manage the use of civilian contractors that perform services during times of war and other military mobilization. The first LOGCAP was awarded in 1992. Four LOGCAP contracts have been awarded for combat support services in Iraq and...
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law
Patent law jurisprudence is continually being developed through litigation over activities that allegedly infringe a patent holder’s rights. The losing party in these cases may appeal the district court’s decision to the U.S. Court of Appeals for the Federal Circuit, a specialized tribunal established by Congress that has exclusive appellate jurisdiction in patent cases. Parties dissatisfied with the Federal Circuit’s rulings may petition the U.S. Supreme Court to review the appellate court’s decision. However, the Supreme Court is not required to entertain the appeal; it has discretion to...
The Federal Debt: An Analysis of Movements from World War II to the Present
Financing the obligations of the United States has always been a central concern of Congress and the President. If policy decisions and economic conditions lead to levels of government spending which exceed revenue collection, the government will incur debt. Levels of federal debt are reported in terms of debt held by federal government accounts (intragovernmental), and gross (total) federal debt. Debt held by the public is the total amount the federal government has borrowed from the public and remains outstanding. Intragovernmental debt is the amount owed by the federal government to...
Patent-Eligibility of Process Claims Under Section 101 of the Patent Act: Bilski v. Kappos
The source of federal patent law originates with the Patent Clause of the U.S. Constitution, which authorizes Congress: “To promote the Progress of ... useful Arts, by securing for limited Times to ... Inventors the exclusive Right to their respective ... Discoveries.” Section 101 of the Patent Act describes the subject matter that is eligible for patent protection, which may be divided into four categories: processes, machines, manufactures, and compositions of matter. The U.S. Court of Appeals for the Federal Circuit issued two decisions in the 1990s, In re Alappat and State Street Bank...
The Mexican Economy After the Global Financial Crisis
The state of Mexico’s economy is important for U.S. policymakers for many reasons, most significantly because a prosperous and democratic neighboring country is in the best interest of the United States. The two countries have strong economic, political, and social ties, which have direct policy implications related to bilateral trade, economic competitiveness, migration, and border security. In May 2010, President Barack Obama hosted Mexican President Felipe Calderón at a meeting in the White House in which the two leaders discussed key issues affecting the two countries. They agreed to...
America COMPETES Act and the FY2010 Budget
The America COMPETES Act (P.L. 110-69) became law on August 9, 2007. The act is intended to increase the nation’s investment in research and development (R&D), and in science, technology, engineering, and mathematics (STEM) education. It is intended to address two concerns believed to influence U.S. competitiveness: the adequacy of R&D funding to generate sufficient technological progress, and the adequacy of the number of American students proficient in STEM or interested in STEM careers relative to other countries.
The act authorizes funding increases for the National Science Foundation...
The SPEECH Act: The Federal Response to “Libel Tourism”
The 111th Congress considered several bills addressing “libel tourism,” the phenomenon of litigants bringing libel suits in foreign jurisdictions so as to benefit from plaintiff-friendly libel laws. Several U.S. states have also responded to libel tourism by enacting statutes that restrict enforcement of foreign libel judgments. On August 10, 2010, President Barack Obama signed into law the Securing the Protection of our Enduring and Established Constitutional Heritage Act (SPEECH Act), P.L. 111-223, codified at 28 U.S.C. §§ 4101-4105, which bars U.S. courts, both state and federal, from...
Trade Remedy Legislation: Applying Countervailing Action to Nonmarket Economy Countries
Concern regarding the level of low-cost imports from China and other countries and its impact on U.S. firms and workers, combined with China’s limiting of the appreciation of its currency, have led some in Congress to introduce legislation proposing to make countervailing duty laws applicable to China and other nonmarket economy countries.
Countervailing duty laws provide for the assessment of additional duties on imports whose production and/or importation are found to be subsidized by a public entity in their country of origin and are injurious to a U.S. producer of similar merchandise....
Saving Rates in the United States: Calculation and Comparison
The amount of money saved has important economic consequences. Nationally, the amount of saving affects how much can be invested and ultimately the size of the capital stock. This report explains how national saving is measured, presents recent estimates of saving rates in the United States, and, for comparison, provides those of other major industrial countries.
Running Deficits: Positives and Pitfalls
Governments run deficits for several reasons. By running short-run deficits, governments can avoid raising taxes during economic downturns, which helps households smooth consumption over time. Running deficits can stimulate aggregate demand in the economy, thus giving policymakers a valuable fiscal policy tool to help support macroeconomic stability. In particular, short-run deficits may help boost economic activity when monetary policy loses its potency. When interest rates fall during an economic downturn, banks can become reluctant to lend when perceived lending risks outweigh...
The Statutory Pay-As-You-Go Act of 2010: Summary and Legislative History
On February 12, 2010, President Barack Obama signed H.J.Res. 45 into law, as P.L. 111-139. In addition to an increase in the statutory limit on the public debt to $14.294 trillion, the act contains two titles dealing with budgetary matters. Title I, referred to as the Statutory Pay-As-You-Go Act of 2010, establishes a new budget enforcement mechanism generally requiring that direct spending and revenue legislation enacted into law not increase the deficit. Title II, which contains only a single section, pertains to routine investigations by the Comptroller General aimed at eliminating...
Electoral College Reform: 111th Congress Proposals and Other Current Developments
This report examines and analyzes alternative proposals for change within the electoral college, presents pro and con arguments, and identifies and analyzes 111th Congress proposals and contemporary alternative reform developments.
Self-Insured Health Insurance Coverage
Private health insurance can be provided to groups of people that are drawn together by an employer or other organization. Such groups are generally formed for some purpose other than obtaining insurance, like employment. When insurance is provided to a group, it is referred to as “group coverage” or “group insurance.” A common distinction made between private health coverage offered to groups is how such coverage is funded. That is, the plan sponsor may either purchase group health insurance from a state-licensed insurance carrier, or fund the health benefits directly. The former refers...
Conventional Arms Transfers to Developing Nations, 2002-2009
This report provides Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions.
Federal Business Taxation: The Current System, Its Effects, and Options for Reform
A foundation of the broad tax revisions implemented 24 years ago by the Tax Reform Act of 1986 was tax “neutrality”—the idea that economic efficiency and economic welfare are promoted if the distorting impact of taxes on business and other economic decisions is minimized. Based on this principle, the 1986 act broadened the tax base and reduced statutory tax rates set forth by the tax code. In time, however, the underlying thrust of tax policy has changed. Rather than neutrality and efficiency, recent business tax legislation has been guided more by a concern for promoting investment and...
The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. Title III of the Americans with Disabilities Act (ADA) prohibits places of public accommodation, including hospitals and doctors’ offices, from discriminating against individuals with disabilities. The Department of Justice (DOJ) promulgated regulations under title III requiring the use of auxiliary aids, unless they would fundamentally alter the nature of the service or result in an undue burden. Auxiliary aids may include qualified interpreters as well...
The 2010 Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act
The 2010 Deepwater Horizon oil spill leaked an estimated 4.1 million barrels of oil into the Gulf of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there. When resources in the public trust are harmed by contamination, federal, state, foreign, and tribal governments may seek compensation for damage to natural resources under certain laws. This is done in two steps: first, by assessing the harm; then, by determining how and what restoration will take place. Compensation for natural resource damage is intended to restore the natural resources to their...
The “Millionaire’s Amendment” is a shorthand description for a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), also known as the McCain-Feingold law, which established increased contribution limits for congressional candidates whose opponents significantly self-finance their campaigns. In 2008, in a 5-to-4 decision, Davis v. Federal Election Commission, the Supreme Court invalidated this provision. The Court found that the burden imposed on expenditures of personal funds is not justified by the compelling governmental interest of lessening corruption or the appearance of...
Certain Temporary Tax Provisions Scheduled to Expire in 2009 (“Extenders”)
This report discusses numerous temporary tax provisions exist in the tax code. Often referred to as “extenders,” these provisions were originally enacted with an expiration date that has then been temporarily extended, in some cases numerous times.
Countercyclical Job Creation Programs
To counter the effect on workers of most postwar recessions, Congress enacted legislation to spur job creation through increased spending on public works (infrastructure) and public service programs, revenue sharing with state governments, and employment tax credits. Although Congress passed the American Recovery and Reinvestment Act (P.L. 111-5) early in 2009 and the Hiring Incentives to Restore Employment Act (P.L. 111-147) early in 2010, concern that the labor market has not yet begun to improve steadily and that a double-dip recession might occur has prompted interest in additional...
Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate
This report discusses the appointment of Supreme Court Justices, including the President's selection of a nominee and process to reach confirmation in the Senate. The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President's years in office....
Federal Budget Process Reform in the 111th Congress: A Brief Overview
Procedural change is a recurrent feature of federal budgeting, although the scope and impact of changes may vary from year to year. In order to advance their budgetary, economic, or political objectives, both Congress and the President regularly propose and make changes to the federal budget process. This report briefly discusses the context in which federal budget process changes are made and identifies selected reform proposals by major category. The identification of reform proposals in this report is not intended to be comprehensive.
A variety of sources give rise to the interest in...
FY2011 Budget Proposals and Projections
This report provides an overview of major budget estimates and projections for the FY2011 federal budget cycle. The report presents and compares budget projections calculated by the Obama Administration’s Office of Management and Budget (OMB) and the Congressional Budget Office (CBO). In addition, the report discusses major budgetary issues.
The congressional budget process usually begins once the Administration submits its budget to Congress. The Senate Budget Committee passed a version of a budget resolution (S.Con.Res. 60) in April, and the House adopted a deeming resolution (H.Res....
Public Safety Communications and Spectrum Resources: Policy Issues for Congress
Effective emergency response is dependent on wireless communications. To minimize communications failures during and after a crisis requires ongoing improvements in emergency communications capacity and capability. The availability of radio frequency spectrum is considered essential to developing a modern, interoperable communications network for public safety. Also critical are (1) building the network to use this spectrum and (2) developing and deploying the radios to the new standards required for mobile broadband. Beyond recognition of these common needs and goals, opinions diverge on...
Voluntary Employees’ Beneficiary Associations (VEBAs) are tax-advantaged trust funds created to finance many aspects of employee welfare, including retiree health insurance benefits. This report shows that, under some circumstances, using VEBAs to fund retiree health insurance can benefit both firms and workers. Because the tax treatment of VEBAs is most favorable when the VEBA has been created under a collective bargaining agreement, a unionized firm can use VEBA contributions to reduce or eliminate its retiree health insurance liabilities. The unionized workforce will be able to afford...
International travel by Members of Congress and their staff is an issue of longstanding interest among some members of the public, media outlets, and Members. Questions regarding the purposes and destinations of international travel by Congress frequently arise, as do questions about the ability to track the costs and benefits of such travel. This report provides information and analysis on the use of foreign currency expended in support of congressional travel to international destinations that is paid for with appropriated funds and authorized by the House or Senate; on measures related...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Systemic Risk and the Federal Reserve
The recent financial crisis contained a number of systemic risk episodes, or episodes that caused instability for large parts of the financial system. The lesson some policymakers have taken from this crisis is that a systemic risk or “macroprudential” regulator is needed to prevent similar episodes in the future. But what types of risk would this new regulator be tasked with preventing, and is it the case that those activities are currently unsupervised?
Some of the major financial market phenomena that have been identified as posing systemic risk include liquidity problems; “too big to...
FEMA Disaster Housing: From Sheltering to Permanent Housing
For over three decades the Federal Emergency Management Agency (FEMA) has provided temporary housing assistance to eligible victims of natural disasters. FEMA has responded to more than a thousand disaster and emergency events over this period, employing a number of options for meeting the needs of people who have lost their primary housing as a result of a disaster declared by the President. The cycle of help from sheltering provided by local organizations in the immediate aftermath, to the eventual repair and rebuilding or replacement of private homes and rental units, is the focus of...
Frequently Asked Questions about IMF Involvement in the Eurozone Debt Crisis
On May 2, 2010, the Eurozone member states and the International Monetary Fund (IMF) announced an unprecedented €110 billion (about $145 billion) financial assistance package for Greece. The following week, on May 9, 2010, EU leaders announced that they would make an additional €500 billion (about $636 billion) in financial assistance available to vulnerable European countries, and suggested that the IMF could contribute up to an additional €220 billion to €250 billion (about $280 billion to $318 billion). This report answers frequently asked questions about IMF involvement in the Eurozone...
Everglades Restoration and the River of Grass Land Acquisition
The Florida Everglades is a unique network of subtropical wetlands that is now half its original size. The federal government has had a long history of involvement in the Everglades, beginning in the 1940s with the U.S. Army Corps of Engineers constructing flood control projects that shunted water away from the Everglades. Many factors, including these flood control projects and agricultural and urban development, have contributed to the shrinking and altering of the wetlands ecosystem. Federal agencies began ecosystem restoration activities in the Everglades more than 15 years ago, but it...
Particulate matter (PM), including fine particulate matter (PM2.5) and larger, but still inhalable particles (PM10), is one of the six principal pollutants for which the U.S. Environmental Protection Agency (EPA) has set National Ambient Air Quality Standards (NAAQS) under the Clean Air Act (CAA). EPA most recently revised the particulates NAAQS in October 2006, but is due to propose revised standards in February 2011 and promulgate them by October 2011.While currently much of the interest in the particulates NAAQS is focused on reviewing the NAAQS and speculation as to the degree of...
Current Legal Status of the FCC’s Media Ownership Rules
The Federal Communications Commission’s (FCC) media ownership regulations place limits on the number of broadcast radio and television outlets one owner can possess in a given market and place cross-ownership restrictions on these outlets and on the cross-ownership of broadcast properties and newspapers. The FCC is under a statutory obligation to review these rules every four years to determine whether the restrictions on ownership remain necessary in the public interest as the result of competition. These media ownership regulation reviews have often been controversial. Since the passage...
Supreme Court Nominations Not Confirmed, 1789 to the Present
Since 1789, Presidents have submitted 160 nominations to Supreme Court positions. Of these, 36 were not confirmed by the Senate. The 36 nominations represent 31 individuals whose names were sent forward to the Senate by Presidents (some individuals were nominated more than once). Of the 31 individuals who were not confirmed the first time they were nominated, however, six were later nominated again and confirmed. The Supreme Court nominations discussed here were not confirmed for a variety of reasons, including Senate opposition to the nominating President, nominee’s views, or incumbent...
Current law prohibits the franking of mass mailings by Senators fewer than 60 days, and by House Members fewer than 90 days, prior to any primary or general election in which the Member is a candidate. H.R. 2056 would amend Title 39, United States Code, by altering the prohibition for both Senators and House Members to the period starting 90 days prior to any primary and ending on the day of the general election, unless the Member has made a public announcement that the Member will not be a candidate for reelection to any federal office.
The legislation would also prohibit the franking of...
Education Jobs Fund Proposals in the 111th Congress
During the 111th Congress, both the House and Senate have considered various pieces of legislation that would provide funds to prevent teacher layoffs. These proposals have generally been referred to as proposals to create an Education Jobs Fund. The first Education Jobs Fund was included by the House in H.R. 2847, the Jobs for Main Street Act. It was not retained in the final bill. More recently, the Education Jobs Fund was included in the Supplemental Appropriations Act, 2010 (H.R. 4899) by the House, but the domestic spending provisions added by the House through amendment were not...
Unemployment and Economic Recovery
This report examines the relationship between economic growth and the unemployment rate to anticipate possible future developments.
On May 23, 2005, during President George W. Bush’s second term, then-Office of Management and Budget (OMB) Director Joshua B. Bolten issued a memorandum to the heads of agencies. The memorandum announced that OMB would involve itself systematically in some aspects of how agencies execute laws related to mandatory spending. Under the process outlined in the OMB memorandum, if an agency wished to use discretion under current law in a way that would “increase mandatory spending,” the memorandum required the agency to propose the action to OMB. Such actions might include regulations,...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Insurance Provisions
In the aftermath of the recent financial crisis, broad financial regulatory reform legislation was advanced by the Obama Administration and by various Members of Congress. Ultimately Congress passed, and the President signed, the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203).
The Dodd-Frank Act largely responded to the financial crisis that peaked in September 2008, but other efforts at revising the state-based system of insurance regulation also pre-date this crisis. Members of Congress previously introduced both broad legislation to federalize insurance...
Health Savings Accounts and High-Deductible Health Plans: A Data Primer
Individuals began establishing health savings accounts (HSAs) in 2004. These savings accounts are generally used to pay for unreimbursed medical expenses on a tax-advantaged basis. Any unspent money accrues to the individual. To open an HSA, the individual must enroll in a qualifying high-deductible health plan (HDHP). HSAs are tax-advantaged and provide some incentives for people to monitor, and perhaps reduce, their expenditures on health care.
Data covering enrollment and/or cost sharing during the first few years of HDHPs and their associated HSAs are now available from at least five...
Independent Evaluators of Federal Programs: Approaches, Devices, and Examples
Congress and the executive, as well as outside organizations, have long been attentive to the evaluation of federal programs, with frequent interest paid to the independent status of the evaluator. This interest continues into the current era, with numerous illustrations of the multi-faceted approaches adopted and proposed.
An evaluation may provide information at any stage of the policy process about how a federal government policy, program, activity, or agency is working. Congress has required evaluations through legislation (or requested these via its committee and Member offices); and...
The European Union's Response to the 2007-2009 Financial Crisis
This report examines the EU responses to the financial crisis through changes to the financial regulatory structure at the EU level as well as the member country level. The countries examined are Germany and the United Kingdom, which have single financial regulators; the Netherlands, which has a twin peaks regulatory structure; and Spain, which has a functional structure.
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010
Since enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill; P.L. 110-252; Title 38 U.S.C., Chapter 33), there has been discussion of problems and possible enhancements to improve the program's implementation, administration, and benefits. This report summarizes provisions in the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (S. 3447), as reported by the Senate Committee on Veterans' Affairs on August 5, 2010, for full Senate consideration.
Border Security: The Role of the U.S. Border Patrol
This report discusses the United States Border Patrol's history as our nation's first line of defense against unauthorized migration. Today, the USBP's primary mission is to detect and prevent the entry of terrorists, weapons of mass destruction, and illegal aliens into the country, and to interdict drug smugglers and other criminals along the border. The Homeland Security Act of 2002 dissolved the Immigration and Naturalization Service and placed the USBP within the Department of Homeland Security (DHS).
With a conventional military and weapons of mass destruction (WMD) threat from Saddam Hussein’s regime removed, Iran seeks, at a minimum, to ensure that Iraq can never again become a threat to Iran, whether or not there are U.S. forces present in Iraq. Some believe that Iran’s intentions go far further—to try to harness Iraq to Iran’s broader policy goals, such as defense against international criticism of and sanctions against Iran’s nuclear program, and to enlist Iraq’s help in suppressing Iranian dissidents located inside Iraq. Some believe Iran sees Iraq primarily as as providing...
Renegotiation of the Standard Reinsurance Agreement (SRA) for Federal Crop Insurance
Under the federal crop insurance program, farmers can purchase crop insurance policies to manage financial risks associated with declines in crop yields and/or revenue. The program covers more than 100 crops and is administered by the U.S. Department of Agriculture’s (USDA’s) Risk Management Agency (RMA), which acts as both regulator and reinsurer. To encourage farmer participation and reduce the need for ad hoc disaster assistance, the federal government subsidizes the purchase of crop insurance policies, which are sold and serviced through 16 approved private insurance companies....
On April 15, 2010, Senator Lautenberg introduced legislation (S. 3209) to amend the core provisions of the Toxic Substances Control Act (TSCA) Title I. Representatives Waxman and Rush introduced comprehensive legislation to amend TSCA (H.R. 5820) on July 22, 2010. This report compares key provisions of S. 3209, as introduced, H.R. 5820, as introduced, and current law (15 U.S.C. 2601 et seq.).
Both bills would amend the 35-year-old law to shift the burden of demonstrating safety for chemicals in commerce from the U.S. Environmental Protection Agency (EPA) to manufacturers and processors of...
Tax Deductible Expenses: The BP Case
Following the release of BP’s second quarter earning statement, which showed a $10 billion reduction in tax liability for oil-spill-related cleanup and expenses, media headlines have generated public concern, and in some cases outrage, over these tax savings. Further, the ability of BP to realize these tax savings has generated a number of inquiries as to how and why BP is entitled to this reduction in tax liability.
BP’s reduction in tax liability is the result of standard business expense deductions and the general ability of taxpayers to claim refunds for previously paid taxes when...
This report provides staffing levels in House and Senate Member, committee, leadership, and other offices since 1977. Data presented here are based on staff listed by chamber entity (offices of Members, committees, leaders, officers, officials, and other entities) in telephone directories published by the House and Senate.
Open ocean aquaculture is broadly defined as the rearing of marine organisms in exposed areas beyond significant coastal influence. Open ocean aquaculture employs less control over organisms and the surrounding environment than do inshore and land-based aquaculture, which are often undertaken in enclosures, such as ponds. When aquaculture operations are located beyond coastal state jurisdiction, within the U.S. Exclusive Economic Zone (EEZ; generally 3 to 200 nautical miles from shore), they are regulated primarily by federal agencies. Thus far, only a few aquaculture research facilities...
This report discusses the modifications to IRC § 6041 made by § 9006 of the Patient Protection and Affordable Care Act (PPACA) and briefly discusses the penalties that can be imposed on persons that do not comply with these information reporting requirements.
FY2010 Supplemental for Wars, Disaster Assistance, Haiti Relief, and Other Programs
The Administration requested $64.3 billion in FY2010 supplemental appropriations: $5.1 billion to replenish the U.S. Disaster Relief Fund administered by the Federal Emergency Management Agency (FEMA); $33 billion for the Department of Defense (DOD) primarily for deploying 30,000 additional troops to Afghanistan; $4.5 billion in war-related foreign aid; and $2.8 billion for Haiti earthquake-related relief and reconstruction aid; $243 million for activities related to the Deepwater Horizon oil spill; $600 million for border security, and $129 million to reduce backlogs in patent requests;...
Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010
The speed with which appointments to the Supreme Court move through various stages in the nomination-and-confirmation process is often of great interest not only to all parties directly involved, but, as well, to the nation as a whole. This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and the present. It focuses on the actual amounts of time that Presidents and the Senate have taken to act (as opposed to the elapsed time between official points in the process). For example, rather than starting the nomination clock...
Federal Cocaine Sentencing Disparity: Sentencing Guidelines, Jurisprudence, and Legislation
Pursuant to the Anti-Drug Abuse Act of 1986, Congress established basic sentencing levels for crack cocaine offenses. Congress amended 21 U.S.C. § 841 to provide for a 100:1 ratio in the quantities of powder cocaine and crack cocaine that trigger a mandatory minimum penalty. As amended, 21 U.S.C. § 841(b)(1)(A) required a mandatory minimum 10-year term of imprisonment and a maximum life term of imprisonment for trafficking offenses involving 5 kilograms of cocaine or 50 grams of cocaine base. In addition, 21 U.S.C. § 841(b)(1)(B) established a mandatory 5-year term of imprisonment for...
Sudan: The Crisis in Darfur and Status of the North-South Peace Agreement
This report discusses the history of Sudan's civil unrest and the subsequent crisis in Darfur, as well as United Nations and United States aid and peacekeeping efforts, and current related policy under the Obama Administration.
This report provides an historical overview of the budget trends through the most recently completed fiscal year (2009). It discusses major budgetary challenges over the past several fiscal years given the current economic conditions and provides an in-depth discussion of the FY2011 budget process. Finally, it provides context for the issues facing the country's federal budget over the long term. This report will be updated as events warrant.
Security and the Environment in Pakistan
This report focuses on the nexus between security and environmental concerns in Pakistan that have the potential to affect American security and foreign policy interests. Environmental concerns include, but are not limited to, water and food scarcity, natural disasters, and the effects of climate change. Environmental stresses, when combined with the other socio-economic and political stresses on Pakistan, have the potential to further weaken an already weak Pakistani state. Such a scenario would make it more difficult to achieve the U.S. goal of neutralizing anti-Western terrorists in...
Reducing Teen Pregnancy: Adolescent Family Life and Abstinence Education Programs
In 2009, 46% of students in grades 9-12 reported that they had experienced sexual intercourse; about 20% of female teens who have had sexual intercourse become pregnant each year. In recognition of the often negative, long-term consequences associated with teenage pregnancy, Congress has provided funding for the prevention of teenage and out-of-wedlock pregnancies. This report discusses three programs that exclusively attempt to reduce teenage pregnancy. The Adolescent Family Life (AFL) demonstration program was enacted in 1981 as Title XX of the Public Health Service Act, and the...
Infringement of Intellectual Property Rights and State Sovereign Immunity
The Eleventh Amendment to the U.S. Constitution provides that “[t]he Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” Although the amendment appears to be focused on preventing suits against a state by non-residents in federal courts, the U.S. Supreme Court has expanded the concept of state sovereign immunity to reach much further than the literal text of the amendment, to include immunity from suits by...
Select Bush Administration Medicaid Rulemakings: Congressional and Administrative Actions
This report provides a summary of seven proposed, interim final, and final rules affecting the Medicaid program that were issued by the George W. Bush Administration during 2007 and 2008. These rules addressed Medicaid and graduate medical education, cost limits on public providers, provider taxes, rehabilitation services, case management, school-based administration and transportation services, and outpatient hospital services. Six of the seven rules (excluding the rule on outpatient hospital services) were under a congressional moratorium on further administrative action until April 1,...
Securities and Exchange Commission Rule 151A and Annuities: Issues and Legislation
In January 2011, a new rule from the Securities and Exchange Commission (SEC), Rule 151A, entitled “Indexed Annuities and Certain Other Insurance Contracts,” is slated to go into effect. This rule would effectively reclassify indexed annuities as both security products and insurance products. Since insurance products generally are regulated solely by the states, this rule will expand federal authority over indexed annuities, putting them in a similar classification as variable annuities, which are already regulated by both the SEC and the individual states.
The SEC has cited as a primary...
Drilling in the Great Lakes: Background and Issues
Drilling for oil and gas in or under the Great Lakes has generated interest among Great Lakes stakeholders, states, and Congress. Some opposed to drilling are concerned about the potential environmental, economic, and public health consequences. They contend that drilling will raise the risks of oil spills, hazardous gas leaks, and pollution that may harm lakeside residents and the Great Lakes ecosystem. Proponents of oil and gas drilling contend that drilling will increase local and regional tax revenues and employment, increase domestic energy production, and not be an environmental...
The OECD Initiative on Tax Havens
This report examines the Organization for Economic Cooperation and Development (OECD) and its role in changes to U.S. laws related to bribery, tax havens.
The Home Star Energy Retrofit Act of 2010: Operational and Market Considerations
The Home Star Energy Retrofit program as proposed is intended to promote both greater residential energy-efficiency and increased employment in the home remodeling, energy services, and related manufacturing industries. Two very similar Home Star programs are detailed in legislation proposed in the House and Senate. The House of Representatives version, the Home Star Energy Retrofit Act of 2010 (H.R. 5019), was introduced on April 14, 2010, by Representative Peter Welch and 44 cosponsors. H.R. 5019 passed with amendments on May 7, 2010, and was referred to the Senate Finance Committee. The...
Coordination of Federal Water Research: Legislative Issues
H.R. 1145, the National Water Research and Development Initiative Act of 2009, would formally establish a federal interagency committee to coordinate federal water research. Federal water research currently averages roughly $700 million annually.
The proposed interagency committee, with input from an advisory committee, would develop a four-year plan for priority federal research topics, then require the President to annually report to Congress on progress in achieving the plan’s research outcomes. A version of the committee, the Subcommittee on Water Availability and Quality (SWAQ),...
In City of Ontario v. Quon, the Supreme Court held that officials had acted reasonably when they reviewed transcripts of messages sent to and from Sergeant Quon’s city-issued pager in order to determine whether service limits on the pager’s use should be increased. The Court assumed, without deciding, that Quon had a reasonable expectation of privacy for Fourth Amendment purposes, but found that the search of the transcripts was reasonable.
In O’Connor v. Ortega, the Court had earlier split over the question of what test should be used to assess the reasonableness of a search of a public...
Insurance and Financial Regulatory Reform in the 111th Congress
This report discusses the broad financial regulatory reform legislation has been advanced by the Obama Administration and by various Members of Congress in the aftermath of the recent financial crisis.
Legislative Options After Citizens United v. FEC: Constitutional and Legal Issues
In Citizens United v. FEC, the Supreme Court invalidated two provisions of the Federal Election Campaign Act (FECA), finding that they were unconstitutional under the First Amendment. The decision struck down the long-standing prohibition on corporations using their general treasury funds to make independent expenditures, and Section 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), prohibiting corporations from using their general treasury funds for “electioneering communications.” BCRA defines “electioneering communication” as any broadcast, cable, or satellite communication that...
Financial Turmoil: Federal Reserve Policy Responses
The Federal Reserve (Fed) has been central in the policy response to the financial turmoil that began in August 2007. It has sharply increased reserves to the banking system through open market operations and lowered the federal funds rate and discount rate on several occasions. Since December 2008, it has allowed the federal funds rate to fall close to zero. As the crisis deepened, the Fed’s focus shifted to providing liquidity directly to the financial system through new policy tools. Through new credit facilities, the Fed first expanded the scale of its lending to the banking system and...
The DISCLOSE Act: Overview and Analysis
As it has periodically for decades, Congress is again considering how or whether to regulate campaign financing. The latest iteration of the debate over which kinds of groups should be permitted to spend funds on political advertisements, and how so, was renewed on January 21, 2010, when the Supreme Court of the United States issued its decision in Citizens United v. Federal Election Commission. Following Citizens United, corporations and labor unions may now fund political advertisements explicitly calling for election or defeat of federal candidates—provided that the advertisements are...
Potential Stafford Act Declarations for the Gulf Coast Oil Spill: Issues for Congress
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, presents several options, and could provide a number of programs, to address the Gulf Coast oil spill. That spill is currently being addressed by a law fashioned for that purpose, the Oil Pollution Act of 1990, P.L. 101-380.
An emergency declaration under the Stafford Act would appear a potential approach to the current situation since it is intended to lessen the impact of an imminent disaster. A major disaster declaration would open up more Stafford Act programs that might be especially appropriate for the...
Surplus Lines Insurance: Background and Current Legislation
In general, insurance is a highly regulated financial product. Every state requires licenses for insurance companies, and most states closely regulate both company conduct and the details of the particular insurance products sold in the state. This regulation is usually seen as important for consumer protection; however, it also creates barriers to entry in the insurance market and typically reduces to some degree the supply of insurance that is available to consumers. Rather than requiring consumers who may be unable to find insurance from a licensed insurer to simply go without...
In the wake of what many believe is the worst U.S. financial crisis since the Great Depression, the Obama Administration proposed sweeping reforms of the financial services regulatory system—including the creation of an executive agency with authority over consumer financial issues, the broad outline of which has been encompassed in a document called the Administration’s White Paper (the White Paper). The House of Representatives began consideration of bills seeking similar reform, which in large part were shepherded by Representative Barney Frank, Chairman of the Committee on Financial...
Ocean Commissions: Ocean Policy Review and Outlook
In 2003 and 2004, the U.S. Commission on Ocean Policy and the Pew Oceans Commission made numerous recommendations for changing U.S. ocean policy and management. The 109th Congress reauthorized the Magnuson-Stevens Fishery Conservation and Management Act (P.L. 109-479), incorporating provisions recommended by both commissions, and authorized the Marine Debris Research, Prevention, and Reduction Act (P.L. 109-449). Several bills encompassing a broad array of cross-cutting concerns such as ocean exploration; ocean and coastal observing systems; federal organization and administrative...
Job Loss and Infrastructure Job Creation Spending During the Recession
After the long economic expansion that characterized much of the current decade, the nation entered its 11th postwar recession in December 2007. The size of job losses and the comparison to the Great Depression intensified congressional interest in passing legislation early in 2009 aimed at encouraging job creation and warding off further cuts in employment.
To mitigate all but one recession since the 1960s, Congress chose to increase federal spending on public works (i.e., infrastructure). Public works expenditures traditionally have gone to certain types of construction activities (e.g.,...
This report discusses the U.S. Citizenship and Immigration Service's (USCIS) newly proposed fee schedule for immigration services. Issues for Congress to consider might include how USCIS fees have been computed and justified; whether anticipated revenue from revised fees will cover agency costs; how fiscal shortfalls might be funded; and what impact higher fees might have on the applicant pool.
The Public Health Service Act (PHSA) establishes authority for the Secretary of Health and Human Services (HHS) to develop and implement workforce programs authorized in Title VII (health and medicine) and Title VIII (nursing). These programs, administered by the Health Resources and Services Administration (HRSA), provide grants, scholarships, and loans to support institutions and individuals in developing and sustaining the health workforce.
Before passage of health care reform legislation in March 2010, appropriations authority for all Title VII and Title VIII programs had expired....
The U.N. Population Fund: Background and the U.S. Funding Debate
The United Nations Population Fund (UNFPA), established in 1969, is the world’s largest source of population and reproductive health programs and the principal unit within the United Nations for global population issues. In 2009, the organization provided services in 155 developing and transition countries, with funds totaling $783.1 million, drawn primarily from voluntary contributions made by nations and some foundations.
The United States, with strong support from Congress, was an important actor in the launch of UNFPA in 1969. During the mid-to-late 1960s, Congress began to express...
U.S.-China Counterterrorism Cooperation: Issues for U.S. Policy
After the terrorist attacks on September 11, 2001, the United States faced a challenge in enlisting the full support of the People’s Republic of China (PRC) in the counterterrorism fight against Al Qaeda. This effort raised short-term policy issues about how to elicit cooperation and how to address PRC concerns about the U.S.-led war (Operation Enduring Freedom). Longer-term issues have concerned whether counterterrorism has strategically transformed bilateral ties and whether China’s support was valuable and not obtained at the expense of other U.S. interests.
The extent of U.S.-China...
Afghanistan: Narcotics and U.S. Policy
Opium poppy cultivation and drug trafficking have eroded Afghanistan’s fragile political and economic order over the last 30 years. In spite of ongoing counternarcotics efforts by the Afghan government, the United States, and their partners, Afghanistan remains the source of over 90% of the world’s illicit opium. Since 2001, efforts to provide viable economic alternatives to poppy cultivation and to disrupt drug trafficking and related corruption have succeeded in some areas. However, insecurity, particularly in the southern province of Helmand, and widespread corruption fueled a surge in...
The U.S. Trade Deficit: Causes, Consequences, and Policy Options
The current account balance is the nation’s most comprehensive measure of international transactions. It has three component balances: the goods and services balance, the investment income balance, and net unilateral transfers. These are all transactions thought to be closely related to current production, consumption, and income. For the United States, the size of the current account deficit is largely the refection of a similarly sized goods and services deficit (i.e., trade deficit).
The U.S. current account (trade) deficit grew steadily from 1992 through 2006. In 2007, however, the...
Deepwater Horizon Oil Spill Disaster: Risk, Recovery, and Insurance Implications
This report begins with a review of the Deepwater Horizon incident and identifies the limits of liability facing the operators of offshore oil rigs. The next two sections of the report examine risk management in the offshore energy exploration and production business, the scope of the oil spill financial responsibility and insurance requirements, and the marine insurance industry that offers specialized coverage for offshore oil and gas firms. The fourth section outlines the various approaches to compensating oil pollution victims, including compensation funds, commercial insurance,...
Jamaica: Background and U.S. Relations
The Caribbean island-nation of Jamaica has had a relatively stable parliamentary political system stemming from its history of British colonial rule. Current Prime Minister Bruce Golding of the Jamaica Labour Party was elected in September 2007 when his party defeated the long-ruling People’s National Party led by then-Prime Minister Portia Simpson. In late May 2010, however, Jamaica’s stability was challenged after Prime Minister Golding agreed to extradite to the United States an at-large alleged drug kingpin and gang leader, Christopher Coke. The Jamaican government deployed police and...
On March 16, 2010, the Federal Communications Commission (FCC) released Connecting America: The National Broadband Plan. Mandated by the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5), the FCC’s National Broadband Plan (NBP) is a 360-page document composed of 17 chapters containing 208 specific recommendations directed to the FCC, to the Executive Branch (both to individual agencies and to Administration as a whole), to Congress, and to nonfederal and nongovernmental entities. The ARRA specified that the NBP should “seek to ensure that all people of the United States...
FY2010 Supplemental Appropriations for Agriculture
Two separate bills are advancing in the 111th Congress that could provide nearly $4 billion of supplemental funds for agricultural programs in FY2010. The agricultural provisions in these bills have a relatively small funding impact compared with the nonagricultural provisions in the bills.
H.R. 4213 (commonly known as the “tax extenders” bill) would provide up to $3.6 billion for agriculture-related programs. The House and Senate are trading amendments to reconcile differences between each chamber’s version of the bill. The most recent House-passed version from May 28, 2010, includes...
New Entities Created Pursuant to the Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act (PPACA, P.L. 111-148, March 23, 2010) creates, requires others to create, or authorizes dozens of new entities to implement the legislation. Some of these new entities are offices within existing cabinet departments and agencies, and are assigned certain administrative or representational duties related to the legislation. Other entities are new boards and commissions with particular planning and reporting responsibilities. Still others are advisory bodies that were created to study particular issues, offer recommendations, or both. Although...
Homeland Security: Unmanned Aerial Vehicles and Border Surveillance
Congress has expressed a great deal of interest in using Unmanned Aerial Vehicles (UAVs) to surveil the United States’ international land border. U.S. Customs and Border Protection (CBP) utilizes advanced technology to augment its USBP agents’ ability to patrol the border, including a fleet of six UAVs. This report examines the strengths and limitations of deploying UAVs along the borders and related issues for Congress.
UAVs come with several costs and benefits. One potential benefit of UAVs is that they could fill a gap in current border surveillance by improving coverage along remote...
The First-Time Homebuyer Tax Credit
Homebuyers who were unable to close on their properties by the June 30, 2010, deadline imposed by the Worker, Homeownership, and Business Assistance Act of 2009 (P.L. 111-92) may still be able to receive the first-time homebuyer tax credit if they close before October 1, 2010, so long as they had a binding contract for the property before May 1, 2010, and that contract required closing before July 1, 2010, and they meet all other requirements for the credit. P.L. 111-198, enacted July 2, 2010, and effective for closings after June 30, 2010, provides the additional time for closing. It...
Civil Pleading Requirements After Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal
In 2007 and 2009 decisions, Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal, the U.S. Supreme Court heightened the standard governing whether a civil complaint filed in federal court will survive a motion to dismiss for failure to state a claim. After those rulings, it appears that federal courts must evaluate the “plausibility” of claims made at the pleading stage. Previously, complaints typically survived a motion to dismiss as long as they stated a claim for which some set of facts could be assembled to warrant legal relief. The change makes it less likely for plaintiffs’...
Instability and Humanitarian Conditions in Chad
As the Sahel region weathers another year of drought and poor harvests, the political and security situation in Chad remains volatile, compounding a worsening humanitarian situation in which some 2 million Chadians are at risk of hunger. In the western Sahelian region of the country, the World Food Program warns that an estimated 60% of households, some 1.6 million people, are currently food insecure. Aid organizations warn that the situation is critical, particularly for remote areas in the west with little international aid presence, and that the upcoming rainy season is likely to...
An Economic Analysis of the Homebuyer Tax Credit
There have been three different versions of the homebuyer tax credit enacted since the summer of 2008. In July 2008, Congress enacted a first-time homebuyer tax credit as part of the Housing and Economic Recovery Act of 2008 (HERA; P.L. 110-289). The tax credit was originally set to expire on July 1, 2009. The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) increased the tax credit’s value and extended its expiration date to December 1, 2009. The Worker, Homeownership, and Business Assistance Act of 2009 (WHBAA; P.L. 111-92) extended the tax credit through the first half...
The “Volcker Rule”: Proposals to Limit “Speculative” Proprietary Trading by Banks
In 1933, during the first 100 days of President Franklin D. Roosevelt’s New Deal, the Securities Act of 1933 and the Glass-Steagall Act (GSA) were enacted, setting up a pervasive regulatory scheme for the public offering of securities and generally prohibiting commercial banks from underwriting and dealing in those securities. Banks are subject to heavy, expensive prudential regulation, while the regulation of securities firms is predominately built around registration, disclosure of risk, and the prevention and prosecution of insider trading and other forms of fraud.
While there are two...
This CRS report provides estimates of the costs of major U.S. wars from the American Revolution through current conflicts in Iraq, Afghanistan, and elsewhere. It presents figures both in “current year dollars,” that is, in prices in effect at the time of each war, and in inflation-adjusted “constant dollars” updated to the most recently available estimates of FY2011 prices. All estimates are of the costs of military operations only and do not include costs of veterans benefits, interest paid for borrowing money to finance wars, or assistance to allies. The report also provides estimates of...
North Korea: Back on the Terrorism List?
Whether North Korea should be included on the U.S. list of terrorism-supporting countries has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea’s nuclear program. North Korea demanded that the Clinton and Bush Administrations remove it from the terrorism support list. On October 11, 2008, the Bush Administration removed North Korea from the terrorism list.
This move was one of the measures the Bush Administration took to implement a nuclear agreement that it negotiated with North Korea in September 2007 and...
Supreme Court Nominee Elena Kagan: Administrative Law and the Nondelegation Doctrine
This report discusses and analyzes Supreme Court nominee Elena Kagan’s 2001 article, Chevron’s Nondelegation Doctrine, which she coauthored with David J. Barron, an assistant professor at Harvard Law School, during her time as a professor there.
The article provides an overview of two traditional dichotomies in administrative law on which courts rely in choosing between whether to accord deference to agency interpretations of statutory provisions: (1) the use of formal or informal procedures, such as the procedures set forth in the Administrative Procedure Act (APA), and (2) the general or...
The Haitian Economy and the HOPE Act
In December 2006, the 109th Congress passed the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE I), which included special trade rules that give preferential access to U.S. imports of Haitian apparel. These rules were intended to promote investment in the apparel industry as one element of a broader economic growth and development plan. HOPE I allowed for the duty-free treatment of select apparel imports from Haiti made from less expensive third-country inputs (e.g., non-regional yarns, fabrics, and components), provided Haiti met rules of origin and...
Health-Related Issues in Russia and Eurasia: Context and Issues for Congress
After the collapse of the Soviet Union in 1991, all the newly independent Eurasian states faced economic dislocations, conflicts and population shifts, and more porous borders that contributed to rising communicable and non-communicable diseases such as HIV/AIDS and drug addiction. At the same time, the inherited healthcare systems were obsolete and unable to cope with existing health problems, let alone new challenges.
Even before the Soviet Union collapsed, the United States provided it with some health assistance to address urgent needs, including vaccines for children. Since then,...
On May 10, 2010, President Obama nominated Solicitor General Elena Kagan to replace retiring Justice John Paul Stevens. If confirmed, Elena Kagan would be the first serving Solicitor General to be appointed to the Court since the elevation of Thurgood Marshall in 1967. She would also be only the fifth of 111 Justices to come to the bench with such experience.
Given that Solicitor General Kagan has made few public statements on important legal and policy issues, some have looked to her record as Solicitor General for some indication of her views. Others have looked to her time as Solicitor...
The Age Discrimination in Employment Act (ADEA): A Legal Overview
This report provides an overview of the Age Discrimination in Employment Act (ADEA) and discusses current legal and legislative developments. The ADEA, which prohibits employment discrimination against persons over the age of 40, was enacted “to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; [and] to help employers and workers find ways of meeting problems arising from the impact of age on employment.”
The ADEA, which applies to employers, labor organizations, and employment agencies, makes it unlawful for...
Israel’s Blockade of Gaza, the Mavi Marmara Incident, and Its Aftermath
Israel unilaterally withdrew from the Gaza Strip in 2005, but retained control of its borders. Hamas, a U.S. State Department-designated Foreign Terrorist Organization (FTO), won the 2006 Palestinian legislative elections and forcibly seized control of the territory in 2007. Israel imposed a tighter blockade of Gaza in response to Hamas’s takeover and tightened the flow of goods and materials into Gaza after its military offensive against Hamas from December 2008 to January 2009. That offensive destroyed much of Gaza’s infrastructure, but Israel has obstructed the delivery of rebuilding...
This report discusses a recurring Senate issue regarding what kinds of questions are appropriate for Senators to pose to a Supreme Court nominee appearing at hearings before the Senate Judiciary Committee. Particularly at issue has been whether, or to what extent, questions by committee members should seek out a nominee's personal views on current legal or constitutional issues or on past Supreme Court decisions that have involved those issues.
In a decision that had the potential to upset decades of antitrust law, and also to have a broad impact beyond the immediate consequences for the litigating parties, the Supreme Court ruled, on May 24, 2010, that the intellectual-property licensing activities of the National Football League (NFL or League) and its member teams must be treated as those of separate entities whose cooperation and joint decisions are amenable to antitrust prosecution under Section 1 of the Sherman Act, which prohibits contracts or conspiracies “in restraint of trade” (American Needle, Inc. v. National Football...
Compulsory DNA Collection: A Fourth Amendment Analysis
Relying on different legal standards, courts have historically upheld laws authorizing law enforcement’s compulsory collection of deoxyribonucleic acid (DNA) as reasonable under the Fourth Amendment to the U.S. Constitution. However, prior cases reviewed the extraction of DNA samples from people who had been convicted on criminal charges. New state and federal laws authorize the collection of such samples from people who have been arrested or detained but not convicted. On the federal level, the U.S. Department of Justice implemented this expanded authority with a final rule that took...
Intelligence Reform After Five Years: The Role of the Director of National Intelligence (DNI)
The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) was the most significant legislation affecting the U.S. intelligence community since the National Security Act of 1947. Enacted in the wake of the 9/11 Commission’s final report, the 2004 act attempted to ensure closer coordination among intelligence agencies especially in regard to counterterrorism efforts. Most notably, the Intelligence Reform Act established the position of Director of National Intelligence (DNI) with more extensive authorities to coordinate the nation’s intelligence effort than those formerly...
The Economic Effects of Capital Gains Taxation
One provision of the 1913 individual income tax that generated a great deal of confusion was the taxation of income from the sale of property (i.e., capital gains income). This initial confusion has led to almost 100 years of legislative debates over capital gains. Beginning in 1922 capital gains were first subject to lower tax rates than ordinary income. This preferential treatment has continued throughout most of the history of the income tax. Proposals dealing with the taxation of capital gains have ranged from the outright elimination of capital gains taxation to the reduction of...
Item Veto and Expanded Impoundment Proposals: History and Current Status
Conflicting budget priorities of the President and Congress accentuate the institutional tensions between the executive and legislative branches inherent in the federal budget process. Impoundment, whereby a President withholds or delays the spending of funds appropriated by Congress, provides an important mechanism for budgetary control during budget implementation in the executive branch; but Congress retains oversight responsibilities at this stage as well. Many Presidents have called for an item veto, or possibly expanded impoundment authority, to provide them with greater control over...
Supreme Court Nominee Elena Kagan: Selected Freedom of Speech Scholarship
President Obama has nominated his Solicitor General, Elena Kagan, to be the next Supreme Court Justice. If confirmed, she would fill the seat being vacated by Justice John Paul Stevens upon his retirement at the end of the 2009/2010 term. Prior to her term as Solicitor General, Ms. Kagan, in her capacity as an academic and scholar, wrote influential pieces analyzing free speech jurisprudence.
In particular, Ms. Kagan wrote a law review article entitled “Private Speech, Public Purpose: The Role of Government Motive in First Amendment Doctrine.” This article is best described as an attempt...
Leave Benefits in the United States
In addition to their jobs, workers have obligations—civic, familial, and personal—to fulfill that sometimes require them to be absent from the workplace (e.g., to serve on a jury, retrieve a sick child from day care, or attend a funeral). The U.S. government generally has allowed individual employers to decide whether to accommodate the nonwork activities of employees by granting them leave, with or without pay, rather than firing them. In other countries, national governments or the international organizations to which they belong more often have developed social policies that entitle...
Unemployment Insurance Provisions in the American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (P.L. 111-5, also known as ARRA or the 2009 stimulus package) contained several provisions affecting unemployment benefits, described below.
ARRA temporarily increased unemployment benefits by $25 per week for all recipients of regular unemployment compensation (UC), extended benefits (EB), emergency unemployment compensation (EUC08), Trade Adjustment Assistance (TAA) programs, and Disaster Unemployment Assistance (DUA).
The act extended the temporary EUC08 program through December 26, 2009 (with grandfathering), to be financed by federal...
Post-Incarceration Controls of Convicted Sex Offenders
The United States witnessed increased attention to sex offender management policy at the federal, state, and local levels beginning in the 1990s. As a result, laws have been enacted which impose a variety of post-incarceration controls on sex offenders, including but not limited to registration and community notification requirements, civil commitment, global positioning system (GPS) monitoring and tracking, and residency restrictions. Two recent U.S. Supreme Court cases—United States v. Carr and United States v. Comstock—involved challenges to such controls passed at the federal level....
World Trade Organization (WTO): Issues in the Debate on Continued U.S. Participation
Following World War II, the United States led efforts to establish an open and nondiscriminatory trading system with the expressed goal of raising the economic well-being of all countries and bolstering world peace. These efforts culminated in the creation of the General Agreement on Tariffs and Trade (GATT) in 1948, a provisional agreement on tariffs and trade rules that governed world trade for 47 years. The World Trade Organization (WTO) succeeded the GATT in 1995 and today serves as a permanent body that administers the rules and agreements negotiated and signed by 153 participating...
The April 2010 Coup in Kyrgyzstan and its Aftermath: Context and Implications for U.S. Interests
Kyrgyzstan is a small and poor country in Central Asia that gained independence in 1991 with the breakup of the Soviet Union (see Figure A-1). It has developed a notable but fragile civil society. Progress in democratization has been set back by problematic elections (one of which helped precipitate a coup in 2005 that brought Kurmanbek Bakiyev to power), contention over constitutions, and corruption. The April 2010 coup appears to have been triggered by popular discontent over rising utility prices and government repression. After two days of popular unrest in the capital of Bishkek and...
This report is an overview of U.S. foreign assistance to the Middle East from FY2006 to FY2010, and of the FY2011 budget request. It includes a brief history of aid to the region, a review of foreign aid levels, a description of selected country programs, and an analysis of current foreign aid issues. It will be updated periodically to reflect recent developments. For foreign aid terminology and acronyms, please see the glossary appended to this report. For details on U.S. reconstruction aid for Iraq, please see CRS Report RL31339, Iraq: Post-Saddam Governance and Security, by Kenneth...
Intellectual Property Rights and Access to Medicines: International Trade Issues
A patent, which is a form of intellectual property right (IPR), is a legal, exclusive right granted for the invention of a new product, process, organism, design, and plant. It allows the right holder to exclude others from making, using, or selling the protected invention for a period of 20 years. Patents constitute the most common method for governments to encourage research and development (R&D) in order to find pharmaceutical treatments and cures for diseases and other illnesses.
IPR protection and enforcement have evolved from an area primarily of national concern to an area of...
China and the United States--A Comparison of Green Energy Programs and Policies
This report will look at the laws, programs, and policies encouraging development of wind, solar, and biomass power in China and the United States as the major renewable energy technologies common to both countries. While hydropower is the most developed source of renewable energy in both China and the United States, additional development of conventional hydropower is not a major focus of U.S. or China's renewable energy policy and will not be featured in this discussion.
The Size and Role of Government: Economic Issues
The size and role of the government is one of the most fundamental and enduring debates in American politics. Economics can be used to analyze the relative merits of government intervention in the economy in specific areas, but it cannot answer the question of whether there is “too much” or “too little” government activity overall. That is not to say that one cannot find many examples of government programs that economists would consider to be a highly inefficient, if not counterproductive, way to achieve policy goals. Reducing inefficient government spending would benefit the economy;...
Congressionally Designated Special Management Areas in the National Forest System
In 1891, Congress authorized the President to reserve public forests to protect the lands and resources. The many presidential proclamations and subsequent land purchases have led to the current National Forest System. These lands are managed to balance the many purposes and values through an interdisciplinary planning process, with public involvement, under the Multiple Use-Sustained Yield Act of 1960 and the National Forest Management Act of 1976.
Congress has also designated many specific national forest areas to emphasize particular values or resources, and continues to consider...
Supreme Court Nominee Elena Kagan: Defamation and the First Amendment
This report discusses prior writings by Supreme Court nominee Elena Kagan on the interaction of defamation law and the First Amendment of the Constitution. It is based on two articles on defamation law written by Kagan during her academic career at the University of Chicago Law School and the Harvard Law School. The most recent of these articles is from 2000, and Kagan has not revisited this topic in any published writings since then. Thus, these two articles appear to represent her most extensive examination of the interaction between the First Amendment and defamation law.
This report discusses Gross v. FBL Financial Services, Inc., a recent case in which the Supreme Court evaluated a mixed-motive claim under the Age Discrimination in Employment Act (ADEA), which prohibits employment discrimination against individuals over the age of 40. In Gross, the plaintiff alleged that his employer’s decision to reassign him was motivated at least in part by his age, while the employer claimed that its decision was based on other legitimate factors. The question at trial was what types of evidence the parties must present and who bears the burden of proof in such...
Payment Card Interchange Fees: An Economic Assessment
Interchange fees in the processing of credit and debit cards have become controversial. An interchange fee is paid by the merchant’s bank to a cardholder’s bank (that issued the card) after the cardholder purchases goods or services with a payment (credit or debit) card. Merchants and cardholders assert that they must accept excessive and increasing interchange fees set by the card associations such as Visa and MasterCard and member card-issuing banks. Interchange fees have been rising since the 1990s, despite diminishing fraud losses and technological advances in communications that lower...
The Army’s M-4 Carbine: Background and Issues for Congress
The M-4 carbine is the Army’s primary individual combat weapon for infantry units. While there have been concerns raised by some about the M-4’s reliability and lethality, some studies suggest that the M-4 is performing well and is viewed favorably by users. The Army is undertaking both the M4 Carbine Improvement Program and the Individual Carbine Competition, the former to identify ways to improve the current weapon, and the latter to conduct an open competition among small arms manufacturers for a follow-on weapon. An integrated product team comprising representatives from the Infantry...
Justice Stevens has played a critical role in the Supreme Court’s interpretation of a jury’s role in criminal sentencing. In 2000, he wrote the majority opinion for the Court in Apprendi v. New Jersey, a landmark case in which the Court held that a judge typically may not increase a sentence beyond the range prescribed by statute unless the increase is based on facts determined by a jury “beyond a reasonable doubt.” In 2005, he wrote one of two majority opinions in United States v. Booker, in which the Court applied the Apprendi rule to the Federal Sentencing Guidelines. In those two cases...
Trade Remedies and the WTO Rules Negotiations
At the November 2001 Ministerial meeting of the World Trade Organization (WTO) in Doha, Qatar, member countries launched a new round of trade talks known as the Doha Development Agenda (DDA). Discussions continue, although negotiations at this time seem to be at an impasse.
One of the negotiating objectives in the DDA called for “clarifying and improving disciplines” under the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Antidumping Agreement or ADA) and the WTO Agreement on Subsidies and Countervailing Measures (Subsidies Agreement or...
Detection of Nuclear Weapons and Materials: Science, Technologies, Observations
Detection of nuclear weapons and special nuclear material (SNM, plutonium, and certain types of uranium) is crucial to thwarting nuclear proliferation and terrorism and to securing weapons and materials worldwide. Congress has funded a portfolio of detection R&D and acquisition programs, and has mandated inspection at foreign ports of all U.S.-bound cargo containers using two types of detection equipment.
Nuclear weapons contain SNM, which produces suspect signatures that can be detected. It emits radiation, notably gamma rays (high-energy photons) and neutrons. SNM is dense, so it...
Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers
In light of Elena Kagan’s nomination to serve as an Associate Justice of the United States Supreme Court, this report analyzes then-Professor Kagan’s views of executive power and the doctrine of separation of powers as laid most extensively out in her 2001 Harvard Law Review article Presidential Administration. This report will proceed as follows. First, it will briefly describe the constitutional and legal basis for presidential authority with respect to domestic policy, focusing on the relevant constitutional text as well as the Supreme Court jurisprudence that forms the foundation for...
A Federal Chief Technology Officer in the Obama Administration: Options and Issues for Consideration
In November 2007, Senator Barack Obama announced his intention, if elected President, to appoint a federal chief technology officer (CTO). He also identified several specific areas of responsibility of the CTO including transparency of government operations, computer and network security (sometimes referred to as cybersecurity), identification and adoption of best technologies and practices by federal agencies, and interoperability of emergency communications technologies for first responders.
On April 18, 2009, President Obama appointed Virginia Secretary of Technology Aneesh P. Chopra...
Burma’s 2010 Elections: Implications of the New Constitution and Election Laws
On an undisclosed date in 2010, Burma plans to hold its first parliamentary elections in 20 years. The elections are to be held under a new constitution, supposedly approved in a national referendum held in 2008 in the immediate aftermath of the widespread destruction caused by Cyclone Nargis. The official results of the constitutional referendum are widely seen as fraudulent, but despite significant domestic and international opposition, Burma’s ruling military junta—the State Peace and Development Council (SPDC)—has insisted on conducting the polls as part of what it calls a path to...
Mortgage and Rental Assistance as Disaster Relief: Legislation in the 111th Congress
During the first session of the 111th Congress, Representative Oberstar, along with co-sponsors Representative Mica, Representative Holmes-Norton, and Representative Mario Diaz-Balart introduced H.R. 3377, the Disaster Response, Recovery and Mitigation Enhancement Act of 2009. Along with other provisions, the legislation would reinstate a Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended) provision that provided mortgage and rental assistance to disaster victims. Previously, Senators Feinstein and Boxer had introduced S. 2386, the Mortgage and Rental...
The North American Free Trade Agreement (NAFTA), in effect since January 1994, plays a very strong role in the bilateral economic relationship between Mexico and the United States. The two countries are also closely tied in areas not directly related to trade and investment such as security, environmental, migration, and health issues. The effects of NAFTA on Mexico and the Mexican economic situation have impacts on U.S. economic and political interests. A number of policymakers have raised the issue of revisiting NAFTA and renegotiating parts of the agreement. Some important factors in...
Redesign of the 50 Dollar Bill to Commemorate President Ronald W. Reagan
President Ronald W. Reagan, the 40th President of the United States, died on June 5, 2004. Since President Reagan’s death, there have been several attempts to pass legislation that would place the likeness of President Reagan on U.S. coin or currency. Similar action was taken after the death of Presidents Franklin D. Roosevelt, Dwight D. Eisenhower, and John F. Kennedy. The portrait of President Roosevelt was placed on the dime, President Kennedy’s portrait was placed on the half dollar, and President Eisenhower’s portrait was placed on a dollar coin. Current legislation (H.R. 4705, the...
Many overseas federal contractors are covered by the Defense Base Act (DBA), which mandates that they provide workers’ compensation insurance for their employees. As the U.S. military has increased operations in Iraq, the size of the DBA program has grown. Since September 2001, there have been 49,472 DBA cases, including 1,584 cases involving the deaths of contractors in Iraq and Afghanistan. Nearly $200 million in cash and medical benefits were paid to DBA claimants in 2008.
Congress has become increasingly concerned with the costs involved in the DBA program because the federal...
The Law of Church and State: General Principles and Current Interpretations
The First Amendment of the U.S. Constitution prohibits the government from establishing a religion and guarantees citizens the right to freely exercise their religion. The U.S. Supreme Court has clarified the scope of these broad guarantees. This report provides an overview of the governing principles of the law of church and state. It explains the legal requirements for challenges under the Establishment Clause and Free Exercise Clause and the standards used to evaluate such challenges. The report includes current interpretations of these clauses and summarizes related statutes (P.L....
Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties
The Oil Pollution Act of 1990 (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone. Among other provisions, OPA limits certain liabilities of a responsible party in connection with discharges of oil into such areas. The liability limitations established by OPA are currently the subject of significant congressional interest in the wake of the Deepwater Horizon oil spill in the Gulf of Mexico.
A responsible party is strictly...
Financial Regulatory Reform and the 111th Congress
This report reviews issues related to financial regulation. It provides brief descriptions of the two main comprehensive reform bills in the 111th Congress that address these issues.
This report discusses the implementation of trucking provisions set forth by NAFTA that would have opened the border states to cross-border trucking competition in 1995 and all of North America in 2000. The full implementation of the provisions has been stalled because of concern with the safety of Mexican trucks.
This report discusses Lewis v. City of Chicago, a recent case in which the Supreme Court considered questions regarding the timeliness of disparate impact discrimination claims filed under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, national origin, sex, or religion. In Lewis, a group of aspiring black firefighters sued the City of Chicago over its repeated use of an employment test with racially disproportionate results to hire several new groups of firefighters over a six-year period. The city argued that the...
Tax Options for Financing Health Care Reform
Several tax options were proposed to provide financing for health care reform. President Obama initially proposed restricting itemized deductions for high-income taxpayers, along with some narrower provisions. H.R. 3962 passed in the House on November 14, 2009; its largest source of increased revenues was from additional income taxes for higher-income taxpayers. On December 24, 2009, the Senate adopted H.R. 3590, whose revenue provisions are similar to those in the bill reported by the Senate Finance Committee (S. 1796). Taxing insurance companies on high-cost employer plans was the...
Deferred Examination of Patent Applications: Implications for Innovation Policy
Recent congressional interest in the patent system has in part focused upon the capabilities of the U.S. Patent and Trademark Office (USPTO). Many experts have expressed concern that the USPTO lacks the capacity to process the large number of patent applications that it receives. The USPTO’s growing inventory of filed, but unexamined applications could potentially lead to longer delays in the USPTO patent-granting process.
Under current law, a USPTO examiner automatically reviews each patent application that is filed. Some observers have suggested that the USPTO instead adopt a system of...
Justice Stevens has authored a number of significant opinions expounding upon the constitutional right to freedom of speech. Among them are significant cases related to indecency and the rights of broadcasters (“Seven Dirty Words Case”), commercial speech, symbolic speech, and the freedom of association. This report will describe these cases with a view to their impact on free speech case law, and their continuing relevance in the future. This report will not discuss Justice Stevens’s election law-related opinions.
The Jurisprudence of Justice John Paul Stevens: The Chevron Doctrine
One of Justice John Paul Stevens’s most lasting jurisprudential legacies is his opinion in Chevron v. Natural Resources Defense Council. The 1984 case, a landmark decision in both administrative law and separation of powers, established the legal framework that has largely governed the degree of deference a court will accord a federal agency in interpreting and implementing statutes. What began as an unexceptional case focusing on the meaning of the phrase “stationary source” in the Clean Air Act has developed into one of the most frequently cited cases ever. Although often relied on as an...
Financial Regulatory Reform: Consumer Financial Protection Proposals
This report provides a brief summary of the Consumer Financial Protection Agency Act of 2009 (the CFPA Act or the Act) and delineates some of the substantive differences between it and H.R. 4173, Title IV, as it passed the House, and S. 3217, Title X, as it passed the Senate. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation. The report then raises some questions regarding state law preemption, sources of funding, and rulemaking...
Democratic Reforms in Taiwan: Issues for Congress
Taiwan, which its government formally calls the Republic of China (ROC), is a success story for U.S. interests in the promotion of universal freedoms and democracy. Taiwan’s people and their leaders transformed politics from rule imposed from the outside with authoritarian abuses to the relatively peaceful achievement of self-government, human rights, and democracy. The purpose of this CRS report is to succinctly discuss Taiwan’s transformation and current concerns, paying particular attention to the role of Congress and implications and options for U.S. policy.
Taiwan’s people did not...
Financial Regulatory Reform: Systemic Risk and the Federal Reserve
This report defines the potential duties and responsibilities of a systemic risk regulator, relating those duties to events that potentially contributed to the recent crisis. It then identifies the powers that would need to be given to a regulator to perform those duties, and compares those powers and responsibilities to the Fed's existing powers and responsibilities. It discusses advantages and disadvantages of giving those responsibilities to the Fed or the executive branch. It also includes a brief overview of major elements of the Administration's proposal, H.R. 4173, which passed the...
Rescission Actions Since 1974: Review and Assessment of the Record
The Impoundment Control Act (ICA) was included as Title X of the Congressional Budget and Impoundment Control Act of 1974, signed into law on June 12, 1974 (88 Stat. 332). Under the ICA, unless Congress takes action to approve a rescission request from the President within the 45-day review period prescribed by the law, the funds must be released. With respect to a presidential rescission message, Congress may approve more or less than the amount requested by the President. In addition, absent a specific request from the President, Congress on its own accord may initiate rescission...
Ballistic Missile Defense and Offensive Arms Reductions: A Review of the Historical Record
The United States and Russia signed the New START Treaty on April 8, 2010, and it awaits Senate consideration. The preamble to the Treaty contains a “provision on the interrelationship of strategic offensive arms and strategic defensive arms.” This statement does not contain any limits on current or planned U.S. missile defense programs. However, some analysts have questioned whether Russia’s threat to withdraw from New START if the United States expands its missile defense capabilities might have a “chilling effect” on U.S. missile defense plans and programs.
Ballistic missile defenses...
Liberia’s Post-War Development: Key Issues and U.S. Assistance
This report covers developments in Liberia, a small, poor West African country. Liberia held elections in October 2005, with a presidential runoff in November, a key step in a peace-building process following its second civil war in a decade. That war began in 1999, escalated in 2000, and ended in 2003. It pitted the forces of Charles Taylor, elected president in 1997 after Liberia’s first civil war (1989-1997), against two armed anti-Taylor rebel groups. The war also destabilized neighboring states, which accepted Liberian refugees and, in some cases, hosted anti-Taylor forces and became...
A New United Nations Entity for Women: Issues for Congress
In recent years, many in the international community have argued for elevating the status of women’s issues within the United Nations (U.N.) system. They contend that the way in which the U.N. system addresses gender issues is fragmented, weak, and under-resourced. Moreover, they argue that such efforts lack clear leadership and coordination. These weaknesses, critics maintain, hinder the U.N. system’s ability to promote and implement programs that enhance gender equality.
In September 2009, U.N. member states, including the United States, adopted a General Assembly resolution expressing...
Loss Exposure and the Federal Deposit Insurance Corporation
The Federal Deposit Insurance Corporation (FDIC) was established as an independent government corporation under the authority of the Banking Act of 1933, also known as the Glass- Steagall Act (P.L. 73-66, 48 Stat. 162, 12 U.S.C.), to insure bank deposits. The FDIC is funded through insurance assessments collected from its member depository institutions and held in what is now known as the Deposit Insurance Fund (DIF). This report begins with an overview of the FDIC, followed by an explanation of the loss exposure and total risk to the DIF. Next, the report discusses issues regarding the...
Forest Carbon Markets: Potential and Drawbacks
Forests are major carbon sinks (storehouses), and activities that alter forests can release or sequester carbon dioxide (CO2), the most common greenhouse gas (GHG). Some carbon markets have been formed under mandatory GHG reduction regimes, such as the Kyoto Protocol and various regional and state initiatives in the United States. Other markets have formed for voluntary efforts to reduce GHG emissions. Offsets, or credits for sequestering carbon or reducing emissions in unregulated sectors, are typically allowed in both mandatory and voluntary markets. Forestry activities are among the...
In 2009, congressional debate focused primarily on stimulating the economy, health care reform, and climate change. These issues are not only interrelated, but are also intimately linked with the taxation of businesses. For example, in February, Congress enacted the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). Two of the act’s business tax provisions provided for a temporary increase of small business expensing and temporary “bonus” depreciation limits, while other provisions allow a delayed recognition of cancelation of debt income and five-year carryback of net operating...
Supreme Court Nominee Elena Kagan: Role in the Solomon Amendment Litigation
On May 10, 2010, President Obama nominated Elena Kagan to replace Justice John Paul Stevens as a member of the Supreme Court. Unlike the vast majority of other nominees to the Supreme Court, Kagan, a former dean at Harvard Law School (HLS) and current Solicitor General, has not been a member of the judiciary and therefore has never issued the judicial opinions that are a traditional source of insight into a nominee’s legal views. Nevertheless, Kagan has written, contributed to, or otherwise signaled agreement with a wide array of legal documents during the course of her career, and some...
Proxy Access Reform Being Considered by the SEC: An Overview
This report discusses the Securities and Exchange Commission (SEC) role that oversees matters related to the content of proxy materials.
OMB’s Financial Management Line of Business Initiative: A Brief Overview
Federal financial management systems generate the information that is used by government officials to manage and oversee agency programs and operations. Concerns about the quality of agency financial information, and about the costs of operating and modernizing the systems that produce it, have prompted a number of systems improvement initiatives in recent years. One such effort, the Financial Management Line of Business (FMLOB), seeks to improve the cost, quality, and performance of government financial systems by consolidating agency core systems functions at a limited number of...
Reductions in Mandatory Agriculture Program Spending
Many agricultural programs receive mandatory funding through the U.S. Department of Agriculture’s Commodity Credit Corporation (CCC). Mandatory funding is made available by multiyear authorizing legislation and does not require annual appropriations or subsequent action by Congress. However, mandatory funding can be reduced in the appropriations process or by the authorizing committees themselves. In contrast to mandatory funding, discretionary funding is made available by annual appropriations acts on a year-by-year basis through a different process originating in the appropriations...
The Jurisprudence of Justice John Paul Stevens: Selected Federalism Issues
Structurally, the Constitution establishes a federal government with discrete, limited powers, reserving authority not given to the federal government under the Constitution to the states and the people. The uncertain contours of this dual system have often resulted in Supreme Court decisions on the reach of the federal government’s limited powers and the core autonomy of the states. Congress, for example, has invoked the Commerce Clause to regulate local, and sometimes non-economic, activities that historically have been subject to regulation under state police powers. Also, Congress has...
Market-Based Greenhouse Gas Control: Selected Proposals in the 111th Congress
As of the date of this report, Members in the 111th Congress have introduced nine stand-alone proposals that would control greenhouse gas (GHG) emissions. The proposals offered to date would employ market-based approaches—either a cap-and-trade or carbon tax system, or some combination thereof—to reduce GHG emissions. The legislative proposals are varied in their overall approaches in controlling GHG emissions. Some control emissions by setting a quantity (or cap); others control emissions by setting a price (or tax/fee). In addition, the proposals differ in their inclusion of particular...
Justice John Paul Stevens authored the majority opinions in both U.S. Term Limits, Inc. v. Thornton and Clinton v. City of New York, which struck down term limits for federal legislators and the federal Line Item Veto Act, respectively. While the Supreme Court seems unlikely to address the constitutionality of term limits or the line-item veto in the future, Justice Stevens’s conclusion that the absence of constitutional provisions expressly authorizing the exercise of certain powers constitutes a denial of these powers seems likely to influence the Court in the future, particularly in...
Leaking Underground Storage Tanks (USTs): Prevention and Cleanup
To address a nationwide water pollution problem caused by leaking underground storage tanks (USTs), Congress authorized a leak prevention, detection, and cleanup program in 1984, under Subtitle I of the Solid Waste Disposal Act. In 1986, Congress established the Leaking Underground Storage Tank (LUST) Trust Fund to provide a source of funds to support the Environmental Protection Agency (EPA) and states in remediating leaks from petroleum USTs. The LUST Trust Fund is funded primarily through a 0.1 cent-per-gallon motor fuels tax. Historically, EPA and states primarily have used LUST fund...
Quadrennial Defense Review 2010: Overview and Implications for National Security Planning
On February 1, 2010, the Defense Department released a report on the 2010 Quadrennial Defense Review (QDR), a legislatively mandated assessment of defense strategy and priorities. The review is the sixth full scale assessment of U.S. defense policy since the end of the Cold War, beginning with the 1990 Base Force analysis and the 1993 Bottom-Up Review and continuing with QDRs completed in 1997, 2001, 2006, and 2010. These official reviews have been supplemented by assessments of independently chartered panels.
The four QDRs reflect an ongoing evolution of strategic thinking away from...
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law
This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens’ written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works. No decision embodies this interest more than Justice Stevens’ majority opinion in Sony Corporation of America v. Universal City Studios, Inc., a landmark copyright case issued in 1984 that paved the way for the development and...
The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions
Justice John Paul Stevens played a pivotal role in determining the scope of executive-branch power in a post-9/11 world. After 9/11, Congress quickly authorized the Executive to respond to the terrorist attacks using military force. Difficult legal questions emerged from the consequences of the ensuing military actions, particularly as suspected members of Al Qaeda and the Taliban were captured in Afghanistan and elsewhere and transferred to the U.S. Naval Station at Guantanamo Bay, Cuba. Key questions included: What legal authorities restrict the Executive’s ability to detain and try such...
People Crossing Borders: An Analysis of U.S. Border Protection Policies
Since at least the 1980s, the border has played a central role in U.S. policy discussions. Policymakers have for years debated the best strategy for providing border protection. What has emerged from these efforts has been a generally agreed upon framework of mission and goals. However, some question whether the strategy has been sufficiently mapped out in a comprehensive fashion. The broad framework currently in place is generally supported by a collection of agency or function-specific strategic elements that show some commonalities.
For congressional policymakers, the current state of...
501(c)(3) Hospitals and the Community Benefit Standard
The recently enacted Patient Protection and Affordable Care Act (PPACA; P.L. 111-148, § 9007) imposes requirements on hospitals with § 501(c)(3) tax-exempt status. Under the act, hospitals will be required to regularly conduct “community health needs assessments” and adopt implementation strategies to meet those needs. They are also required to have written financial assistance and emergency medical care policies that are consistent with standards imposed by the act. Furthermore, hospitals are not able to charge eligible uninsured individuals more than the lowest amounts charged to insured...
Post-Employment, "Revolving Door," Laws for Federal Personnel
This report provides a brief discussion of the post-employment restrictions, often called "revolving door" laws, that are applicable to members, officers, and employees of Congress after they leave congressional service or employment.
Sugar Market Developments and Policy Issues
The sugar program, as reauthorized by the 2008 farm bill (P.L. 110-246), is designed to guarantee that growers and processors of sugar beets and sugarcane receive a minimum price. To do this, the U.S. Department of Agriculture (USDA) limits the amount of domestically produced sugar that processors can sell under “marketing allotments” and restricts imports. These decisions to control supply are aimed at keeping market prices above support levels, so that USDA can operate the sugar program at “no cost” to the U.S. Treasury. Separately, trade law authorizes the Secretary of Agriculture to...
This report tracks the status of ongoing legislative action and debate related to Federal Aviation Administration (FAA) reauthorization. It is organized into six major program areas: aviation system finance; airport financing; FAA management and organizational issues; system capacity and safety; environmental issues; and airline industry issues. In several cases, provisions that appear in various unrelated sections of proposed legislation have been rearranged in this report in an effort to group and discuss related items in an issue-driven or programmatic context. Since this report is...
The Jurisprudence of Justice John Paul Stevens: Leading Opinions on the Death Penalty
Justice Stevens’s position on the death penalty has undergone a thorough transformation during his tenure on the Court. Although Stevens initially supported the imposition of the death penalty in accordance with adequately protective state enacted guidelines, over the next 35 years the Justice has voted to narrow the application of the death penalty as he has become more skeptical of the punishment’s underlying rationale and the states’ ability to protect the rights of capital defendants. In 2008, Justice Stevens’s death penalty jurisprudence may have culminated with his concurring opinion...
Strategic Arms Control After START: Issues and Options
The United States and Russia signed a new strategic arms reduction treaty (New START) on April 8, 2010. This Treaty replaces the original START Treaty, which the United States and Soviet Union signed in July 1991. START entered into force in December 1994 and expired on December 5, 2009.
The original START Treaty counted each deployed ICBM, SLBM, and bomber as a single delivery vehicle under the Treaty limit of 1,600 delivery vehicles and attributes an agreed number of warheads to each deployed delivery vehicle. This attribution rule provides the total number of warheads that count under...
Haiti Earthquake: Crisis and Response
The largest earthquake ever recorded in Haiti devastated parts of the country, including the capital, on January 12, 2010. The quake, centered about 15 miles southwest of Port-au-Prince, had a magnitude of 7.0. A series of strong aftershocks have followed. Experts estimate the earthquake caused $8 to $14 billion in damage. Approximately 3 million people, roughly one-third of the overall population, have been affected by the earthquake with estimates ranging from 1.2 to 2 million people displaced. The government of Haiti is reporting an estimated 230,000 deaths and 300,600 injured. In the...
In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues...
Russia’s Economic Performance and Policies and Their Implications for the United States
Until recently, the Russian economy was one of the fastest growing economies in the world. The growth brought an improvement in the standard of living of the average Russian citizen and also brought economic stability that Russia had not experienced in at least a decade. This strong economic performance had been a major factor in the popular support that the Russian leadership enjoyed and was also arguably a factor in the boldness with which that leadership reasserted Russia’s status as a world power, challenging the United States, Europe, the neighboring former Soviet states in economic...
U.S.-Vietnam Economic and Trade Relations: Issues for the 111th Congress
After more than two decades of virtually no economic contact, the United States and Vietnam reestablished trade relations during the 1990s. Since then, Vietnam has rapidly risen to become a significant trading partner for the United States. Bilateral trade has risen from about $220 million in 1994 to $15.4 billion in 2009. Vietnam is the second-largest source of U.S. clothing imports, and a major source for footwear, furniture, and electrical machinery. Much of this rapid growth in bilateral trade can be attributed to U.S. extension of normal trade relations (NTR) status to Vietnam....
2010 Non-Proliferation Treaty (NPT) Review Conference: Key Issues and Implications
The nuclear Non-Proliferation Treaty (NPT), which entered into force in 1970 and was extended indefinitely in 1995, is the centerpiece of international nuclear nonproliferation efforts. The NPT recognizes five nations (the United States, Russia, France, Britain, and China) as nuclear-weapon states; 189 countries are parties to the NPT. India, Israel, and Pakistan have never signed the treaty and possess nuclear weapons. North Korea acceded to the NPT but announced its withdrawal in 2003. Several countries, including Argentina, Brazil, and South Africa, ended their nuclear weapons programs...
In light of lessons learned from the September 2001 terrorist attacks and other catastrophes such as Hurricanes Katrina and Gustav, the second session of the 111th Congress is expected to consider questions and issues associated with federal homeland security assistance. Federal homeland security assistance, for the purpose of this report, is defined as U.S. Department of Homeland Security programs that provide funding, training, or technical assistance to states, localities, tribes, and other entities to prepare for, respond to, and recover from man-made and natural disasters. Since the...
Consolidation and Concentration in the U.S. Dairy Industry
The changing structure of U.S. agriculture has generated concerns about reduced competition in a wide variety of agricultural products markets, including dairy. Two primary areas of concern in the dairy industry are consolidation—the shift to fewer and larger firms—and industry concentration—the extent to which a small number of firms control most of the sales. On August 5, 2009, the Obama Administration announced that the U.S. Department of Agriculture (USDA) and the Department of Justice would hold several public workshops to consider competition issues affecting agriculture and the...
FDA Amendments Act of 2007 (P.L. 110-85)
On September 27, 2007, the Food and Drug Administration Amendments Act of 2007 (FDAAA; H.R. 3580) was signed into law (P.L. 110-85). The comprehensive law reauthorizes four expiring Food and Drug Administration (FDA) programs and expands the agency’s authority to regulate the safety of prescription drugs and biologics, medical devices, and foods. Understanding the way in which FDAAA changed the law governing the agency informs policy discussions aimed at additional FDA reform and reorganization, as well as those related more broadly to the quality, availability, and cost of medical...
The Export Administration Act: Evolution, Provisions, and Debate
The 111th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). On July 31, 2009, Representative Sherman introduced the Export Control Improvements Act (H.R. 3515), co-sponsored by Representative Manzullo and Representative A. Smith, that contains provisions on export controls enforcement, integration of export control data in the AES, and diversion control. The House Foreign Affairs Committee is also reportedly working to produce as comprehensive rewrite of the EAA. As part of the Administration’s export control review, Defense Secretary...
Fiscal Year 2011 Department of Homeland Security Assistance to States and Localities
The President’s budget request proposed total appropriations of $4.0 billion in FY2011 for homeland security assistance to states and localities, which is $164 million less than Congress appropriated in FY2010. These assistance programs are used by state and local governments, primarily first responder entities, to meet homeland security needs and enhance capabilities to prepare for, respond to, and recover from both man-made and natural disasters.
The Administration’s budget request not only proposes to reduce total appropriations for these programs, but also to eliminate some programs,...
FDA Regulation of Follow-On Biologics
On March 23, 2010, President Obama signed into law a comprehensive health care reform bill, the Patient Protection and Affordable Care Act (PPACA; P.L. 111-148). PPACA establishes a new regulatory authority within the Food and Drug Administration (FDA) by creating a licensure pathway for follow-on biologics, also called biosimilars, and authorizing the agency to collect associated fees.
A biologic is a preparation, such as a drug or a vaccine, that is made from living organisms. A follow-on biologic, or biosimilar, is similar to the brand-name (innovator) product made by the...
Long-Range Ballistic Missile Defense in Europe
In early 2007, after several years of internal discussions and consultations with Poland and the Czech Republic, the Bush Administration formally proposed to defend against an Iranian missile threat by deploying a ground-based mid-course defense (GMD) element in Europe as part of the global U.S. BMDS (Ballistic Missile Defense System). The system would have included 10 interceptors in Poland, a radar in the Czech Republic, and another radar that would have been deployed in a country closer to Iran, to be completed by 2013 at a reported cost of at least $4 billion. The proposed European BMD...
Guinea’s New Transitional Government: Emerging Issues for U.S. Policy
A “government of national unity” was formed in Guinea on January 15, 2010, a year after a military junta, the National Council for Democracy and Development (CNDD), took power in a coup d’état. While the CNDD has not been dissolved, it has agreed to share power with civilian opposition groups in the lead-up to presidential elections, scheduled for June 27, 2010. Defense Minister Sekouba Konate has assumed executive power as interim president, while opposition spokesman Jean-Marie Dore was named prime minister.
The formation of a unity government followed six weeks of political uncertainty...
The War Powers Resolution: After Thirty-Six Years
This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised.
Iran’s Economic Conditions: U.S. Policy Issues
The Islamic Republic of Iran, a resource-rich and labor-rich country in the Middle East, is a central focus of U.S. national security policy. The United States asserts that Iran is a state sponsor of terrorism and that Iran’s uranium enrichment activities are for the development of nuclear weapons. To the extent that U.S. sanctions and other efforts to change Iranian state policy target aspects of Iran’s economy as a means of influence, it is important to evaluate Iran’s economic structure, strengths, and vulnerabilities.
Since 2000, Iran has enjoyed broad-based economic growth. However,...
Noncitizen Eligibility and Verification Issues in the Health Care Reform Legislation
Health care reform legislation raises a significant set of complex issues, and among the thornier for policy makers are the noncitizen eligibility and verification issues. That the treatment of foreign nationals complicates health care reform legislation is not surprising given that reform of immigration policy poses its own constellation of controversial policy options. This report focuses on this nexus of immigration law and health care reform in the major health care reform bills that are receiving action. These are the America’s Affordable Health Choices Act of 2009 (H.R. 3200), as...
Green Procurement: Overview and Issues for Congress
Economic and environmental concerns have contributed to rising interest in green procurement—a term used in various ways but that may best be described as acquisition of products and services with smaller-than-average environmental footprints. Fully assessing a product or service requires integrated evaluation of cost, performance, and impacts for a set of green factors over all stages of the life cycle. Green building is an example of this approach. More generally, complexities and information gaps may constrict assessment options. However, where choices are comparative, partial...
District of Columbia Voting Representation in Congress: An Analysis of Legislative Proposals
This report provides a summary and analysis of legislative proposals that would provide voting representation in Congress to residents of the District of Columbia. Since the issue of voting representation for District residents was first broached in 1801, Congress has considered five legislative options: (1) seek voting rights in Congress by constitutional amendment, (2) retrocede the District to Maryland (retrocession), (3) allow District residents to vote in Maryland for their representatives to the House and Senate (semi-retrocession), (4) grant the District statehood, and (5) define...
Mérida Initiative for Mexico and Central America: Funding and Policy Issues
Increasing violence perpetrated by drug trafficking organizations and other criminal groups is threatening citizen security in Mexico and Central America. Drug trafficking-related violence claimed more than 6,500 lives in Mexico in 2009, and several Central American countries have among the world’s highest homicide rates. Mexican drug trafficking organizations (DTOs) dominate the illicit drug market in the United States and are expanding their operations by forming partnerships with U.S. gangs.
On October 22, 2007, the United States and Mexico announced the Mérida Initiative, a package of...
Earmarks Disclosed by Congress: FY2008-FY2010 Regular Appropriations Bills
In 2007, both the House and the Senate established new earmark transparency procedures. They provide for public disclosure of approved earmarks and the identification of their congressional sponsors. These procedures currently are contained in House Rule XXI, clause 9, and Senate Rule XLIV. Under both chambers’ rules, an earmark is a provision in legislation or report language that is included primarily at the request of a Member, and provides, authorizes, or recommends a specific amount to an entity or to a specific state, locality, or congressional district.
This report summarizes the...
Estimating Offset Supply in a Cap-and-Trade Program
If allowed as a compliance option in a greenhouse gas (GHG) emission reduction program (e.g., a cap-and-trade system), offsets have the potential to provide considerable cost savings and other benefits. However, offsets have generated considerable controversy, primarily over the concern that illegitimate offsets could undermine the ultimate objective of a cap-and-trade program: emission reduction.
An offset is a measurable reduction, avoidance, or sequestration of GHG emissions from a source not covered by an emission reduction program. An estimate of the quantity and type of offset...
Capturing CO2 from Coal-Fired Power Plants: Challenges for a Comprehensive Strategy
Any comprehensive approach to substantially reduce greenhouse gases must address the world’s dependency on coal for one-quarter of its energy demand, including almost half of its electricity demand. To maintain coal in the world’s energy mix in a carbon-constrained future would require development of a technology to capture and store its carbon dioxide emissions. This situation suggests to some that any greenhouse gas reduction program be delayed until such carbon capture technology has been demonstrated. However, technological innovation and the demands of a carbon control regime are...
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal law enforcement agency charged with administering and enforcing federal laws related to the manufacture, importation, and distribution of firearms and explosives. Congress transferred ATF’s enforcement and regulatory functions for firearms and explosives from the Department of the Treasury to the Department of Justice as part of the Homeland Security Act (P.L. 107-296). ATF is also responsible for investigating arson cases with a federal nexus, as well as criminal violations of federal laws governing the...
Interest Payments on the Federal Debt: A Primer
This report provides a brief overview of the federal debt and net interest payments. Of the three broad categories of federal spending, the only category that cannot be reduced by legislative action is net interest payments. The report provides information about federal debt, interest payments on the federal dept, and determinants of net interest payments.
Food Safety: Foodborne Illness and Selected Recalls of FDA-Regulated Foods
The 111th Congress is considering legislation to revise the U.S. food safety system, focusing primarily on those laws and programs administered by the Food and Drug Administration (FDA) within the Department of Health and Human Services (HHS). The House has passed a comprehensive bill, H.R. 2749, and the Senate Committee on Health, Education, Labor, and Pensions has reported its comprehensive proposal, S. 510. The ultimate goal of both bills is to reduce the burden of foodborne illness, which is a considerable and persistent public health problem in the United States. However, an...
East Asian Regional Architecture: New Economic and Security Arrangements and U.S. Policy
The global financial crisis, the end of the Cold War, the rise of China, globalization, free trade agreements, the war on terror, and an institutional approach to keeping the peace are causing dramatic shifts in relationships among countries in East Asia. A new regional architecture in the form of trade, financial, and political arrangements among countries of East Asia is developing that has significant implications for U.S. interests and policy. This report examines this regional architecture with a focus on China, South Korea, Japan, and Southeast Asia. The types of arrangements include...
This report provides an overview of evidence based on roreign investment data that analyzes the extent of direct investment into and out of the economy, as well as the relationship between direct investment and the broader economic changes that are occurring in the U.S. economy.
North Korea’s Second Nuclear Test: Implications of U.N. Security Council Resolution 1874
The United Nations Security Council unanimously passed Res. 1874 on June 12, 2009, in response to North Korea’s second nuclear test. The resolution puts in place a series of sanctions on North Korea’s arms sales, luxury goods, and financial transactions related to its weapons programs, and calls upon states to inspect North Korean vessels suspected of carrying such shipments. The resolution does allow for shipments of food and nonmilitary goods. As was the case with an earlier U.N. resolution, 1718, that was passed in October 2006 after North Korea’s first nuclear test, Resolution 1874...
Washington Metropolitan Area Transit Authority (WMATA): Issues and Options for Congress
This report provides background information about the Washington Metropolitan Area Transit Authority (WMATA) system, describes the major issues WMATA currently faces, and discusses possible approaches for addressing these issues.
The SAFRA Act: Education Programs in the FY2010 Budget Reconciliation
The FY2010 budget resolution (S.Con.Res. 13) included two reconciliation instructions directing the House Committee on Education and Labor to report changes in laws within their jurisdictions to reduce the deficit by $1 billion each for the period of fiscal year (FY) 2009 through FY2014. The reconciliation instructions specifically noted that $1 billion of the reduction from the House Committee on Education and Labor should be related to education.
On October 7, 2009, in response to the FY2010 budget reconciliation instructions, the House Committee on Education and Labor submitted H.R....
Economic Impacts of Prison Growth
This report provides an economic overview of the correctional sector as background for the unfolding debate over spending and other policies. It begins with information on the growth in prison populations in public and in private prisons and also briefly explores the economic impacts of prison location. It is not intended a study of the effectiveness of sentencing and other laws, nor of evolving polices aimed at reducing recidivism and prison populations.
Immigration: The Effects on Low-Skilled and High-Skilled Native-Born Workers
The large influx of immigrants in recent decades has led to an equally long debate over their effect on the labor market outcomes of native-born workers. Economic theory posits that an increase in the supply of labor, such as from immigration, will reduce the wage employers are willing to pay all workers (native-born and foreign-born) in a given labor market. As a result, some of the workers who had been earning a higher wage before the increase in labor supply will be unwilling to accept a lower wage and they will leave that labor market. The economic model assumes, however, that labor is...
Arsenic in Drinking Water: Regulatory Developments and Issues
The Safe Drinking Water Act Amendments of 1996 (P.L. 104-182) directed the Environmental Protection Agency (EPA) to update the standard for arsenic in drinking water. In 2001, EPA issued a new arsenic rule that set the legal limit for arsenic in tap water at 10 parts per billion (ppb), replacing a 50 ppb standard set in 1975, before arsenic was classified as a carcinogen. The arsenic rule was to enter into effect on March 23, 2001, and water systems were given until January 2006 to comply. EPA concluded that the rule would provide health benefits, but projected that compliance would be...
Administrative Law Judges: An Overview
Administrative law judges (ALJs) preside at formal adjudicatory and rulemaking proceedings conducted by executive branch agencies. ALJs make decisions in these proceedings, and their administrative determinations must be based on the record of trial-type hearings. An ALJ’s function as an independent, impartial trier of fact in agency hearings is comparable to the role of a trial judge presiding over non-jury civil proceedings. Although there are many ALJs working in state government, this report describes the role of federal ALJs, with a specific focus on the mission, responsibilities, and...
Ineffective Assistance of Counsel: Deportation Consequences of Guilty Pleas
The Sixth Amendment entitles an accused in a criminal prosecution to “Assistance of Counsel for his defense.” This right to counsel implies a right to “effective assistance.” Effective assistance has dimensions of both breadth and depth: breadth in the sense of what considerations beyond those immediately at issue in the prosecution should be taken into account, so-called collateral consequences; depth in the sense of what professional standards pertain. In Padilla v. Kentucky, the Supreme Court held that “ineffective assistance” standards require informing a noncitizen defendant on...
Super-Majority Votes in the Senate
The Senate has long been known for its emphasis on minority rights, for it provides extensive procedural protections to individuals and minority coalitions. Yet most issues in the Senate are decided by a simple majority vote: one-half-plus-one of the Members voting, assuming the presence of a quorum. For instance, if all 100 Senators vote, the winning margin is at least 51—one more than half the membership of the Senate. Under Senate precedents, “[a] tie vote on a question defeats it.”
Some super-majority votes, however, are explicitly specified in the Constitution; implicitly, they also...
Poverty Measurement in the United States: History, Current Practice, and Proposed Changes
Nearly a half-century has passed since poverty emerged as a major policy issue in the United States, taking form as a “War on Poverty.” As precursors, statistical studies sought to define the scope, depth, and breadth of the poverty problem in the United States, as well as the composition of the population affected, and poverty’s social and economic causes and effects. Ultimately, the federal government adopted an “official” U.S. statistical poverty measure, which was to serve as the official benchmark for evaluating progress towards eliminating poverty in the United States.
Many experts...
In the wake of the recession of 2008, there have been calls to reexamine 1999’s landmark financial services legislation, the Gramm-Leach-Bliley Act (GLBA; P.L. 106-102), which repealed certain provisions of the Banking Act of 1933, commonly referred to as the Glass-Steagall Act (GSA; 48 Stat. 162 §§ 16, 20, 21, and 32), which separated, to a certain degree, commercial banking (i.e., the activities engaged in by depository institutions with a bank charter, which this report generally will refer to as “banks” or “commercial banks”) from investment banking (i.e., activities engaged in by...
Urban Search and Rescue Task Forces: Facts and Issues
Since the early 1990s, Urban Search and Rescue (USAR) Task Forces have been certified, trained, and funded by the federal government. Twenty-eight task forces are located in 19 states. Department of Homeland Security (DHS) officials may call out the task force (or forces) in closest proximity to the disaster to help locate and extricate victims from collapsed buildings and structures. The task forces represent a partnership involving federal, local government, and private sector experts. Most recently, USAR teams received extensive media coverage for their missions to Haiti after the...
This report provides a brief history and overview of the U.S. federal financial services regulatory structure and examines the regulatory structural changes the three major federal government proposals would make to remedy the causes of the financial crisis. It concludes with a discussion of some possible implications of reform.
International Agreements on Climate Change: Selected Legal Questions
The United Nations Framework Convention on Climate Change (UNFCCC) opened for signature in 1992 and soon thereafter was ratified by the United States. The UNFCCC does not set greenhouse gas (GHG) emissions reduction targets, and during ratification hearings, the George H.W. Bush Administration represented that any protocol or amendment to the UNFCCC creating binding GHG emissions targets would be submitted to the Senate for its advice and consent.
The Kyoto Protocol (the Protocol) to the UNFCCC was intended as a first step towards implementing the UNFCCC. To that end, it sets quantitative...
Climate Change: EU and Proposed U.S. Approaches to Carbon Leakage and WTO Implications
The United States has proposed, and the European Union (EU) developed, policies to mitigate the potential economic and environmental (i.e., “carbon leakage”) impacts of carbon policies on energy- or greenhouse gas-intensive, trade-exposed industries. While studies have found little effect of carbon policies on EU competitiveness in the present, the EU decision to move toward auctioning of allowances in the future has spurred development of criteria to extend potential availability of free allowances to exposed industries to 2020. In a December 2009 decision, the European Commission (EC)...
Causes of the Financial Crisis
The current financial crisis began in August 2007, when financial stability replaced inflation as the Federal Reserve’s chief concern. The roots of the crisis go back much further, and there are various views on the fundamental causes.
It is generally accepted that credit standards in U.S. mortgage lending were relaxed in the early 2000s, and that rising rates of delinquency and foreclosures delivered a sharp shock to a range of U.S. financial institutions. Beyond that point of agreement, however, there are many questions that will be debated by policymakers and academics for decades.
Why...
Hedge Funds: Should They Be Regulated?
In an echo of the Robber Baron Era, the late 20th century saw the rise of a new elite class, who made their fortunes not in steel, oil, or railroads, but in financial speculation. These gilded few are the managers of a group of private, unregulated investment partnerships, called hedge funds. Deploying their own capital and that of well-to-do investors, successful hedge fund managers frequently (but not consistently) outperform public mutual funds. Hedge funds use many different investment strategies, but the largest and best-known funds engage in high-risk speculation in markets around...
“Political” Activities of Private Recipients of Federal Grants or Contracts
This report discusses the permissible “political activities” in which organizations, associations, or businesses may engage if such entities receive federal funds through a grant or a federal contract. When discussing “political” activities by private grantees or contract recipients, this report includes lobbying or advocating for legislative programs or changes; campaigning for, endorsing, making campaign related expenditures, or contributing to political candidates or parties; and voter registration or get-out-the-vote campaigns.
Generally, organizations or entities which receive federal...
This report provides an introduction of Supreme Court appointments in historical context. The report discusses the Supreme Court Justices demographic characteristics, professional background, and educational background.
Credit Rating Agencies and Their Regulation
Credit rating agencies (CRAs) are expected to provide investors with an informed and unbiased view on securities’ debt risk (also referred to as credit risk), the risk that issuers will fail to make promised interest or principal payments when they are due. The agencies provide judgments (“opinions”) on the creditworthiness of bonds issued by a wide spectrum of entities, including corporations, nonprofit firms, special purpose entities, sovereign nations, and state and municipal governments. They take the form of ratings that are usually displayed in a letter hierarchical format: AAA being...
Public Transit Program Funding Issues in Surface Transportation Reauthorization
Congressional Research Service 7-5700 www.crs.gov RL34183 Summary As enacted in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA; P.L. 109-59), federal public transit assistance programs were authorized through September 2009. Congress has so far failed to enact a multi-year reauthorization; consequently, federal transit programs have been operating as a result of a series of short-term legislative extensions. Decisions about reauthorization will likely hinge on the amount of funds available from the Mass Transit Account of the Highway Trust...
In 2008, a panel of the Court of Appeals for the Sixth Circuit issued a decision in School District of the City of Pontiac v. Secretary of the United States Department of Education. In its decision, the court held that the No Child Left Behind (NCLB) Act failed to provide the required “clear notice” to states and school districts regarding the requirements they must fulfill as a condition of receiving federal funding. The case was subsequently reheard, but the en banc Sixth Circuit divided evenly, meaning that the judgment of the district court to dismiss the case was affirmed. This report...
Agricultural Biotechnology: The U.S.-EU Dispute
In May 2003, the United States, Canada, and Argentina initiated a dispute with the European Union concerning the EU’s de facto moratorium on biotechnology product approvals, in place since 1998. Although the EU effectively lifted the moratorium in May 2004 by approving a genetically engineered (GE) corn variety (MON810), the three complainants pursued the case, in part because a number of EU member states continue to block already approved biotech products. Industry estimates are that the moratorium costs U.S. corn growers some $300 million in exports to the EU annually. Corn gluten...
Key Issues in Derivatives Reform
This report provides background related to financial derivatives. It also analyzes market structure and regulation, derivatives reform, legislative proposals and exemptions for end users, safeguards for uncleared over-the-counter (OTC) swaps, and hypothetical examples.
U.S. Military Stop Loss Program: Key Questions and Answers
Stop Loss is a frequently misunderstood DOD force management program that retains servicemembers beyond their contractually agreed-to separation date. Because of the involuntary nature of this extension, some critics have referred to the program as a “backdoor draft” or “involuntary servitude”.
Stop Loss was initially used in the 1990-91 Persian Gulf War and later in Bosnia and the Kosovo Air Campaign. All of the Services used Stop Loss at the beginning of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) but only the Army has consistently employed some form of Stop Loss...
Days Reserved for Special Business in the House
As presented in the following table and described below, several provisions in the rules of the House provide for certain types of business to be privileged for consideration on specified days, some under special procedures. For more information on legislative process, see http://www.crs.gov/products/guides/guidehome.shtml.
Macroprudential Oversight: Monitoring Systemic Risk in the Financial System
Recent innovations in finance, while increasing the capacity to borrow and lend, resulted in a large volume of banking transactions occurring outside of traditional banking institutions. Also, even though existing regulators supervise individual banks for safety and soundness, there are risks that do not reside with those institutions but may still adversely affect the banking system as a whole. Macroprudential policy refers to a variety of tasks designed to defend the broad financial system against threats to its stability. Responsibilities include monitoring the system for systemic risk...
Air Force C-17 Aircraft Procurement: Background and Issues for Congress
A total of 223 C-17s have been procured through FY2010. The Administration’s proposed FY2011 defense budget proposed to end C-17 procurement and did not request any funding for the procurement of additional C-17s. The Administration argues that enough C-17s have now been procured to meet future operational needs. Supporters of procuring additional C-17s in FY2011 believe additional C-17s will be needed to meet future operational needs. The issue of how much airlift capability will be needed in the future is currently being examined in a congressionally mandated study being done by the...
The Global Economic Crisis: Impact on Sub-Saharan Africa and Global Policy Responses
Sub-Saharan Africa has been strongly affected by the global recession, despite initial optimism that the global financial system would have few spillover effects on the continent. The International Monetary Fund (IMF) estimated in 2009 that average economic growth in Africa would slow to 1%, from an annual average of over 6% to 1% over the previous five years, before rebounding to 4% in 2010. As a region, Africa is not thought to have undergone a recession in 2009. However, most African countries are thought to require high rates of economic growth in order to outpace population growth and...
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
After the Supreme Court held that federal courts have jurisdiction under the federal habeas corpus statute to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the conflict against Al Qaeda and associated groups (Rasul v. Bush), the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue habeas relief in federal court. Lawyers subsequently filed dozens of petitions on...
Fish and Wildlife Service: FY2011 Appropriations and Policy
For Fish and Wildlife Service appropriations in FY2011, the Administration requests $1.64 billion, down 0.3% from the FY2010 level of $1.65 billion. Climate change and land acquisition programs would receive notable increases; construction and funds for wetlands, neotropical migratory birds, and selected foreign species would decrease.
The annual Interior, Environment, and Related Agencies appropriations bill funds agencies and programs in three federal departments, as well as numerous related agencies and bureaus. Among the more controversial agencies represented in the bill is the Fish...
Is the U.S. Current Account Deficit Sustainable?
America’s current account (CA) deficit (the trade deficit plus net income payments and net unilateral transfers) rose as a share of gross domestic product (GDP) from 1991 to a record high of about 6% of GDP in 2006. It began falling in 2007, and reached 3% of GDP in 2009. The CA deficit is financed by foreign capital inflows. Many observers have questioned whether such large inflows are sustainable. Even at 3% of GDP, the deficit is probably still too large to be permanently sustained, and many economists fear that the decline is temporary and caused by the recession. Further, a large...
Medical Marijuana: Review and Analysis of Federal and State Policies
The issue before Congress is whether to continue the federal prosecution of medical marijuana patients and their providers, in accordance with the federal Controlled Substances Act (CSA), or whether to relax federal marijuana prohibition enough to permit the medicinal use of botanical cannabis products when recommended by a physician, especially where permitted under state law.
Fourteen states, mostly in the West, have enacted laws allowing the use of marijuana for medical purposes, and many thousands of patients are seeking relief from a variety of serious illnesses by smoking marijuana...
U.S.-Russia Meat and Poultry Trade Issues
In December 2008, the United States and Russia signed a protocol aimed at resolving various emerging trade issues between the two countries in order to continue U.S. livestock and poultry exports to Russia through the end of 2009. By December 2009, however, Russia had escalated these trade issues in a series of actions that threatened to shut out U.S. livestock and poultry exports. These actions, in part, followed on Russia’s statements throughout 2008 and 2009 regarding its concerns about antimicrobial use in U.S. meat production.
Russia has continued to cite various food safety concerns,...
On March 23, 2010, the President signed into law H.R. 3590, the Patient Protection and Affordable Care Act (PPACA, P.L. 111-148), as passed by the Senate on December 24, 2009, and the House on March 21, 2010. PPACA will, among other changes, modify Medicaid and the Children’s Health Insurance Program (CHIP) statutes. In addition, on March 21, 2010, the House passed an amendment in the nature of a substitute to H.R. 4872, the Health Care and Education Reconciliation Act of 2010 (HCERA, P.L. 111-152). After being passed by the House, HCERA was subsequently amended and passed by the Senate...
An “inherently governmental function” is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is “intimately related to the public interest.” Two main definitions of “inherently governmental functions” currently exist within federal law and policy. One is a statutory definition, enacted as part of the Federal Activities Inventory Reform (FAIR) Act of 1998. This definition states that an inherently governmental function is “a function so intimately related to the public interest as to require performance by...
Minority Contracting and Affirmative Action for Disadvantaged Small Businesses: Legal Issues
Since the early 1960s, minority participation “goals” have been an integral part of federal policies to promote racial and gender equality in contracting on federally financed construction projects and in connection with other large federal contracts. Federal contract “set-asides” and minority subcontracting goals evolved from Small Business Administration (SBA) programs to foster participation in the federal procurement process by small disadvantaged businesses (SDBs), or small businesses owned and controlled by “socially and economically disadvantaged” individuals. Minority group members...
Lobbying Congress: An Overview of Legal Provisions and Congressional Ethics Rules
This report provides a brief overview and summary of the federal laws, ethical rules, and regulations which may be relevant to the activities of those who lobby the United States Congress. The report provides a summary discussion of the federal lobbying registration and disclosure requirements of the Lobbying Disclosure Act of 1995, as amended by the “Honest Leadership and Open Government Act of 2007,” P.L. 110-81 (S. 1, 110th Congress); the Foreign Agents Registration Act; the issue of the propriety of contingency fees for lobbying; restrictions on lobbying with federal funds;...
Selected Health Funding in the American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (ARRA), the economic stimulus legislation signed into law on February 17, 2009 (P.L. 111-5), included supplemental FY2009 discretionary appropriations for biomedical research, public health, and other health-related programs within the Department of Health and Human Services (HHS). Generally, the appropriations are to remain available through September 30, 2010. P.L. 111-5 also incorporated new authorizing language to promote health information technology (HIT) and established a federal interagency advisory panel to coordinate comparative...
The U.S.-Singapore Free Trade Agreement: Effects After Five Years
The U.S.-Singapore Free Trade Agreement (FTA) (P.L. 108-78) went into effect on January 1, 2004. This report provides an overview of the major trade and economic effects of the FTA over the three years ending in 2006. It also includes detailed information on key provisions of the agreement and legislative action.
The U.S.-Singapore FTA has taken on new importance in trade policy because the United States is engaged in negotiations to join the Trans-Pacific Partnership (TPP). The TPP negotiations are the first major market-opening initiative of the Obama Administration. On December 14,...
The U.S. Motor Vehicle Industry: Confronting a New Dynamic in the Global Economy
This report provides an in-depth analysis of the 2009 crisis in the U.S. auto industry and its prospects for regaining domestic and global competitiveness. It also analyzes business and policy issues arising from the unprecedented restructurings that occurred within the industry. The starting point for this analysis is June-July 2009, with General Motors Company (GM or new GM) and Chrysler Group LLC (or new Chrysler) incorporated as new companies, having selectively acquired many, but not all, assets from their predecessor companies.
On March 23, 2010, the President signed into law H.R. 3590, the Patient Protection and Affordable Care Act (PPACA) as passed by the Senate on December 24, 2009, and the House on March 21, 2010. The new law will, among other changes, make statutory changes affecting the regulation of and payment for certain types of private health insurance.
On March 21, 2010, the House passed an amendment in the nature of a substitute to H.R. 4872, the Health Care and Education Reconciliation Act of 2010 (hereafter referred to as the reconciliation bill). The reconciliation bill was written as making...
On March 23, 2010, President Obama signed into law a comprehensive health care reform bill, the Patient Protection and Affordable Care Act (PPACA; P.L. 111-148), which would, among other changes, make statutory changes to the Medicare program. The U.S. House of Representatives also passed an amendment in the nature of a substitute to H.R. 4872, the Health Care and Education Affordability Reconciliation Act of 2010, on March 21, 2010 (referred to hereafter as the Reconciliation bill), which would amend the PPACA.
The Reconciliation bill includes two titles. The first title contains...
Living Organ Donation and Valuable Consideration
The central issue before Congress with respect to living organ donation is how to balance the needs of people seeking organs with one another, and with the needs of potential organ donors. While the majority of organs are harvested from deceased donors, an increasing number of donations are made by living donors each year. As new types of programs are developed to help encourage the practice of living donation, both legal and ethical issues may arise.
The primary federal law governing organ donation in the United States is the National Organ Transplantation Act (NOTA, P.L. 98-507). It...
The Uptick Rule: SEC Limit on Short Selling Reconsidered
Historically, in much of the popular lore surrounding short selling (borrowing stock with the objective of making a profit if its price falls), the activity has been unfavorably described as a destructive force for both stock markets and the firms whose shares are sold short. In the 1930s, due to concerns that a concerted kind of manipulative short selling known as a bear raid had contributed to the stock market collapse, federal securities regulations were adopted that restricted short selling. Known as the uptick rule, the restriction essentially forbade short sales on stocks unless a...
How Agencies Monetize “Statistical Lives” Expected to Be Saved By Regulations
Federal health, safety, and environmental regulations are often designed to reduce the risk of death, illness, or injury from exposure to a particular hazard (e.g., arsenic in drinking water or rollover car crashes). As part of an economic analysis required by Executive Order 12866, the issuing agencies often place a monetary value on these expected health benefits by determining the number of “statistical lives” that the rules are expected to extend or save, and then multiplying that number by an estimated “value of a statistical life” (VSL). For example, if 100,000 people are each...
Oil Industry Tax Issues in the FY2011 Budget Proposal
President Obama, in a speech on April 22, 2009 (Earth Day), addressed the linkage between the problems he associated with U.S. reliance on oil, especially imported oil, and the importance of a future based more on alternative energy sources. To move in the direction of accomplishing these goals, the Administration, in the FY2011 budget proposal, proposes that certain tax expenditures designed to increase domestic production of oil and natural gas be revised, thus reducing what the Administration sees as favorable treatment of the oil and natural gas industries.
The FY2011 budget proposal...
Deforestation and Climate Change
Efforts to mitigate climate change have focused on reducing carbon dioxide (CO2) emissions into the atmosphere. Some of these efforts center on reducing CO2 emissions from deforestation, since deforestation releases about 17% of all annual anthropogenic greenhouse gas (GHG) emissions and is seen as a relatively low-cost target for emissions reduction. Policies aimed at reducing deforestation are central points of a strategy to decrease carbon emissions, reflected in pending legislation in Congress (e.g., H.R. 2454 and S. 1733) as well as in international discussions, such as the December...
Limits on Discharge in Bankruptcy Not Codified in the Bankruptcy Code, Title 11, United States Code
Article I, Section 8, clause 5 of the U.S. Constitution gives Congress the power to enact “uniform Laws on the subject of Bankruptcies throughout the United States.” Bankruptcy is a method through which financially troubled debtors can receive relief from financial pressures by discharging some or all of their debts under procedures designed to provide some protection to both debtors and creditors. Bankruptcy is often said to provide debtors with a “fresh start,” eliminating their debts and allowing them to move forward. However, some debts cannot be discharged in bankruptcy. To the extent...
Appropriations Bills: What Are “General Provisions”?
An annual appropriations act generally consists of two parts—paragraphs providing funding and general provisions focusing on non-funding as well as funding issues. Generally, each paragraph corresponds to a unique budget account and provides a lump-sum amount for a group of activities such as agency salaries and expenses, and may include restrictions or conditions that apply to that funding. Some general provisions establish restrictions and conditions that apply to a single account, multiple accounts, the entire bill, or a department or agency funded in the bill. General provisions may be...
On March 23, 2010, President Obama signed into law a comprehensive health care reform bill, the Patient Protection and Affordable Care Act (PPACA; P.L. 111-148). Health care reform has been the Obama Administration’s top domestic priority, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. Improving access to care and controlling rising costs are seen to require changes to both the financing and delivery of health care.
Both the House and the Senate passed comprehensive health care reform bills last...
Debarment and Suspension Provisions Applicable to Federal Grant Programs
Federal agencies have general authority to debar or suspend persons from participating in federal grant programs and other nonprocurement transactions. Grounds for debarment of a federal grantee include criminal or civil convictions for various crimes including fraud, embezzlement, theft, bribery, tax evasion, and making up false claims, among others, as well as other causes indicating a person is not “presently responsible” as a federal grantee. Debarment and suspension in the context of federal grant programs is described in each agency’s regulations, and such provisions may vary for...
Appropriations Bills: What Is Report Language?
Report language refers to the content of committee reports accompanying committee-reported measures as well as joint explanatory statements, which are included in conference reports. Such documents contain more detailed guidance to departments and agencies than is provided in related appropriations bills or conference reports.
The Impact of Major Legislation on Budget Deficits: 2001 to 2009
This report examines to what extent major legislative changes from 2001 to 2009 caused the budget to move from surplus to deficit. Legislative actions taken in 2009 increased the FY2009 deficit by $509 billion, whereas legislative actions taken between 2001 and 2008 increased the FY2009 deficit by $903 billion. Furthermore, legislative changes have cumulatively increased federal budget deficits over FY2001 to FY2009 by $5.4 trillion.
Automated Political Telephone Calls (“Robo Calls”) in Federal Campaigns: Overview and Policy Options
Prerecorded telephone messages that provide information about political candidates or urge voters to go to the polls are a common campaign tactic. Anecdotal accounts suggest that the public often objects to the volume and frequency of these automated political calls (also called “auto calls” or “robo calls”). Despite often negative anecdotal information about automated political calls, they remain an inexpensive, effective way to reach hundreds or thousands of voters quickly. Campaigns and groups often rely on automated political calls to respond to last-minute campaign developments.
Four...
Meat and Poultry Inspection: Background and Selected Issues
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) must inspect most meat, poultry, and processed egg products for safety, wholesomeness, and labeling. Federal inspectors or their state counterparts are present at all times in virtually all slaughter plants and for at least part of each day in establishments that further process meat and poultry products. Debate has ensued for decades over whether this system, first designed in the early 1900s, has kept pace with changes in the food production and marketing industries.
Several significant changes in...
Russian Energy Policy Toward Neighboring Countries
The Russian oil and natural gas industries are key players in the global energy market, particularly in Europe and Eurasia. Another trend has been the concentration of these industries in the hands of the Russian government. This latter phenomenon has been accompanied by an authoritarian political system, in which former intelligence officers play key roles.
Russian firms have tried to purchase a controlling stake in pipelines, ports, storage facilities, and other key energy assets of European countries. They need these assets to transport energy supplies to lucrative western European...
Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements
The use of trademarks in connection with Internet-based advertising has sparked disputes between trademark owners, advertisers, and Internet search engine operators over whether such activity violates federal trademark law. Specifically, trademark owners have expressed concern over the sale of their trademarks by Internet search engines to third parties that want to have “banner” advertisements, “sponsored links,” or “sponsored results” appear on a search results Web page when those trademarked words are entered as a search query. For example, the shoe company Reebok may purchase the...
The primary mission of the Department of Homeland Security (DHS, the Department) is to “prevent terrorist attacks within the United States, reduce the vulnerability of the United States to terrorism, and minimize the damage, and assist in the recovery from terrorist attacks that do occur in the United States.” Since its inception in 2003, DHS has had an intelligence component to support this mission and has been a member of the U.S. Intelligence Community (IC).
Following a major reorganization of the DHS (called the Second Stage Review or “2SR”) in July 2005, former Secretary of Homeland...
Indian Health Care Provisions in H.R. 3962
The 111th Congress has devoted considerable effort to health reform that seeks to increase health insurance coverage for more Americans and help control increasing costs while improving quality and patient outcomes. H.R. 3962, the Affordable Health Care for America Act, was passed by the House of Representatives on November 7, 2009. H.R. 3962 is based on H.R. 3200, America’s Affordable Health Choices Act of 2009, which was originally introduced on July 14, 2009, and was reported separately on October 14, 2009, by three House Committees—Education and Labor, Energy and Commerce, and Ways and...
The Foreign Tax Credit’s Interest Allocation Rules
The foreign tax credit alleviates the double-taxation that would result if U.S. investors’ overseas income were to be taxed by both the United States and a foreign country. U.S. taxpayers credit foreign taxes paid against U.S. taxes they would otherwise owe, and in doing so concede that the country where income is earned has the primary right to tax that income. But the United States retains the primary right to tax U.S.-source income, placing a limit on the foreign tax credit: foreign taxes can only offset the part of a U.S. taxpayer’s U.S. tax that falls on foreign source income. It is...
Tax Reform: An Overview of Proposals in the 111th Congress
This report primarily covers fundamental tax reform by discussing background and proposals for review during the 111th Congress. It includes sections about fundamental tax reform, the relationship between income and consumption, what should be taxed, types of broad-based consumption taxes, international comparisons, other types of fundamental tax reform, legislative proposals and other legislation, and sections looking at other specific kinds of taxation.
Public Health, Workforce, Quality, and Related Provisions in H.R. 3962
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. Improving access to care and controlling rising costs are seen to require changes to both the financing and delivery of health care. Experts point to a growing body of evidence of the health care system’s failure to consistently provide high-quality care to all Americans.
The health reform debate has encompassed a number of proposals to address these challenges and...
General Education Provisions Act (GEPA): Overview and Issues
The General Education Provisions Act (GEPA) contains a broad array of statutory provisions that are applicable to the majority of federal education programs administered by the U.S. Department of Education (ED), as well as provisions related to the powers and responsibilities of ED. While these provisions cover topics as varied as appropriations and evaluations to privacy and enforcement, several provisions are particularly worth noting, especially with respect to the development of new programs or the appropriation of funds for existing programs. These provisions include an extension of...
Ongoing Government Assistance for American International Group (AIG)
This report discusses government assistance for American International Group (AIG), the future of AIG and the ultimate government cost of the intervention that are unclear. The Troubled Asset Relief Program (TARP) has been the primary vehicle for most of these actions.
Federal Complaint-Handling, Ombudsman, and Advocacy Offices
Federal complaint-handling, ombudsman, and advocacy offices have different forms, capacities, and designations. This report, which reviews the state of research in this field and the heritage of such offices, examines and compares them, along with recent legislative developments and past proposals to establish a government-wide ombudsman. In so doing, the report identifies the basic characteristics of these offices, recognizing differences among them with regard to their powers, duties, jurisdictions, locations, and resources, as well as control over them. This study covers only...
Medicare Coverage of Clinical Preventive Services
Congress established the Medicare program in 1965 in response to concerns that many seniors did not have health insurance, or had insurance that only covered hospital inpatient services. Historically, Medicare covered only diagnostic and treatment services, not preventive services provided in the absence of illness. Generally, adding coverage of a preventive service required statutory authority. Since 1980, Congress has established Medicare coverage for several preventive services in law. Recently, Congress gave the Secretary of HHS limited authority to cover new Medicare preventive...
Although an author need not register his or her work with the U.S. Copyright Office to obtain copyright protection, registration is a statutory prerequisite to bringing suit for infringement of the copyright, as mandated by 17 U.S.C. §411(a). The question in Reed Elsevier, Inc. v. Muchnick is whether this section of the Copyright Act restricts the subject-matter jurisdiction of the federal courts over copyright infringement claims involving unregistered works.
The plaintiffs in Reed Elsevier, consisting of individual authors and trade groups representing authors, brought a class action...
Hearings in the U.S. Senate: A Guide for Preparation and Procedure
Congressional hearings are the principal formal method by which committees collect and analyze information during the legislative policymaking process. Whether confirmation hearings—a procedure unique to the Senate—legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct.
Senate Rule XXVI sets forth many of the hearing regulations to which committees must conform, including the quorum requirement, advance submission of witness statements, the opportunity for minority party Senators to call witnesses of their choosing,...
Charitable Contributions: The Itemized Deduction Cap and Other FY2011 Budget Options
The Administration’s 2010 and 2011 budget outlines contain a proposal to cap the value of itemized deductions at 28%, for high-income taxpayers. In the 2010 proposal, the expected revenue was dedicated to addressing health care issues; as other sources are expected to finance health care, the proposal is now part of the increased taxes on upper income taxpayers. This proposal has generated considerable concern about its potential negative effect on charitable contributions. This concern has been heightened because charities are having difficulties in the current economic climate. The...
Medicare Program Changes in Senate-Passed H.R. 3590
Medicare is a federal program that pays for covered health services for most persons 65 years and older and for most permanently disabled individuals under the age of 65 years. The rising cost of health care, the impact of the aging baby boomer generation, and declining revenues in a weakened economy continue to challenge the program’s ability to provide quality and effective health services to its 45 million beneficiaries in a financially sustainable manner.
On December 24, 2009, the Senate passed its version of health insurance reform, the Patient Protection and Affordable Care Act, in...
Tax Treaty Legislation in the 111th Congress: Explanation and Economic Analysis
“Treaty shopping” occurs where a foreign parent firm in one country receives its U.S.-source income through an intermediate subsidiary in a third country that is signatory to a tax-reducing treaty with the United States. Supporters of proposals to curb treaty-shopping argue that it would restrict a practice that deprives the United States of tax revenue and that it is unfair to competing U.S. firms. Opponents maintain that proposals to curb treaty-shopping would harm U.S. employment by raising the cost to foreign firms of doing business in the United States and may violate U.S. tax...
The Financial Crisis: Impact on and Response by The European Union
The European Union (EU) and the United States have taken unusual and extraordinary steps to resolve the financial crisis while stimulating domestic demand to stem the economic downturn. These efforts appear to have been successful, although the economic recovery remains tepid. The economic recession and the financial crisis became reinforcing events, causing EU governments to forge policy responses to both crises. In addition, both the United States and the EU have confronted the prospect of growing economic and political instability in Eastern Europe, Greece, and elsewhere over the impact...
Financial Market Supervision: European Perspectives
The global financial crisis has sparked a debate over the cause and impact of the crisis. Academics and policymakers are searching for changes in the financial system that can correct any perceived weaknesses in the structure of regulation, the content of regulations, and the coverage of financial instruments and activities. Since the onset of the crisis, numerous proposals have been advanced to reform or amend the current financial system to help restore economic growth. In the United States, the Obama Administration has proposed a plan to overhaul supervision of the U.S. financial...
The International Criminal Court (ICC): Jurisdiction, Extradition, and U.S. Policy
The International Criminal Court (ICC) is the first permanent international court with jurisdiction to prosecute individuals for “the most serious crimes of concern to the international community.” Currently, 110 countries are States Parties to the ICC. Since its inception in 2002, the ICC has received three referrals for investigations by States Parties and one referral from the United Nations Security Council.
While the U.S. executive branch initially supported the idea of creating an international criminal court, the United States ultimately voted against the Statute of the ICC (the...
Immigration: Policy Considerations Related to Guest Worker Programs
The United States has two main programs for temporarily importing low-skilled workers, or guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Before an employer can file a petition with the U.S. Department of Homeland Security (DHS) to import workers under either program, the employer must apply to the U.S. Department of Labor (DOL) for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and...
German Foreign and Security Policy: Trends and Transatlantic Implications
German Chancellor Angela Merkel began her first term in office in November 2005 and was elected to a second term in September 2009. Most observers agree that under her leadership, relations between the United States and Germany have improved markedly since reaching a low point in the lead-up to the Iraq war in 2003. U.S. officials and many Members of Congress view Germany as a key U.S. ally, have welcomed German leadership in Europe, and voiced expectations for increased U.S.-German cooperation on the international stage.
German unification in 1990 and the end of the Cold War represented...
Emergency Communications: The Future of 911
This report discusses possible paths toward the modernization of the 911 infrastructure. Efforts to splice newer, digital technologies onto the aging infrastructure have created points of failure where a call can be dropped or misdirected, sometimes with tragic consequences.
Misuse of Government Purchase Cards
Since the mid-1990s, the use of government purchase cards has expanded at a rapid rate. Spurred by legislative and regulatory reforms designed to increase the use of purchase cards for small acquisitions, the dollar volume of government purchase card transactions grew from $527 million in FY1993, to $19.3 billion in FY2009. While the use of purchase cards has been credited with reducing administrative costs, audits of agency purchase card programs have found varying degrees of waste, fraud, and abuse. One of the most common risk factors cited by auditors is a weak internal control...
United States Relations with the Association of Southeast Asian Nations (ASEAN)
The Association of Southeast Asian Nations (ASEAN) is Southeast Asia’s primary multilateral organization. Established in 1967, it has grown into one of the world’s largest regional fora, representing a strategically important group of 10 nations that spans critical sea lanes and accounts for 5% of U.S. trade. This report discusses U.S. diplomatic, security, trade, and aid ties with ASEAN, analyzes major issues affecting Southeast Asian countries and U.S.-ASEAN relations, and examines ASEAN’s relations with other regional powers. Much U.S. engagement with the region occurs at the bilateral...
Earthquake Risk, Insurance, and Recovery: Issues for Congress
This report examines earthquake catastrophe risk and insurance in the United States in light of recent developments, particularly the devastating earthquakes in Haiti and Chile. It examines both traditional and non-traditional approaches for financing recovery from earthquake losses as well as challenges in financing catastrophe losses with insurance.
The National Debt: Who Bears Its Burden?
The United States has been free of a national debt for only two years, 1834 and 1835. In its first year, 1790, the country faced a debt of $75 million. From FY1998 to FY2001, the federal government ran budget surpluses. Since then, the budget has returned to deficit, and the debt had risen to $7.5 trillion by 2009. It rose to a high of 108.6% of gross domestic product (GDP) at the end of World War II; declined to a post-World War II low of 23.8% of GDP in 1974; and, then, rose to another high of 49.5% of GDP in 1993.
The national debt results from borrowing to finance budget deficits....
Calculation of Lifecycle Greenhouse Gas Emissions for the Renewable Fuel Standard (RFS)
The Energy Independence and Security Act of 2007 (EISA; P.L. 110-140) significantly expanded the renewable fuel standard (RFS) established in the Energy Policy Act of 2005 (EPAct 2005; P.L. 109-58). The RFS requires the use of 9.0 billion gallons of renewable fuel in 2008, increasing to 36 billion gallons in 2022. Further, EISA requires an increasing amount of the mandate be met with “advanced biofuels”—biofuels produced from feedstocks other than corn starch and with 50% lower lifecycle greenhouse gas emissions than petroleum fuels. Within the advanced biofuel mandate, there are specific...
This report summarizes key provisions applicable to Medicaid and the Children’s Health Insurance Program (CHIP) in H.R. 3590, the Patient Protection and Affordable Care Act, as passed by the Senate on December 24, 2009. In general, the bill would expand health insurance coverage to many Americans who currently are uninsured, while attempting to reduce expenditures and offering mechanisms to increase care coordination, encourage more use of health prevention, and improve quality of care. The bill would reform the private health insurance market, impose a mandate for most legal U.S....
The Magnitude of Changes That Would Be Required to Balance the FY2011 Budget
This report lays out generic scenarios for balancing the budget in the next fiscal year. Although these are not policy options that are likely to be enacted, they are meant to offer simple examples to gauge the scope of tradeoffs that would be required if policymakers eventually decide to bring the budget back to balance. If changes are postponed or stretched over a longer time period, they would need to be larger because of higher debt service.
Armenia, Azerbaijan, and Georgia: Security Issues and Implications for U.S. Interests
The South Caucasus region has been the most unstable in the former Soviet Union in terms of the number, intensity, and length of ethnic and civil conflicts. Other emerging or full-blown security problems include crime, corruption, terrorism, the proliferation of weapons of mass destruction, and narcotics trafficking. The regional governments have worked to bolster their security by combating terrorism, limiting political dissent they view as threatening, revamping their armed forces, and seeking outside assistance and allies.
The roles of neighbors Iran, Russia, and Turkey have been of...
This report discusses the banking collapse in Iceland. Iceland's banking system had collapsed as a result of a culmination of a series of decisions the banks made that left them highly exposed to disruptions in financial markets. The collapse of the banks raised questions for U.S. leaders and others about supervising banks that operate across national borders, especially as it has become increasingly difficult to distinguish the limits of domestic financial markets.
Chile Earthquake: U.S. and International Response
On February 27, 2010, an earthquake of magnitude 8.8 struck off the coast of central Chile. Centered 70 miles northeast of Chile’s second-largest city, Concepción, at a depth of 22 miles, the earthquake was the second largest ever recorded in Chile and the fifth largest recorded worldwide since 1900. Over 100 aftershocks of magnitude 5.0 or greater were recorded following the initial earthquake. The earthquake and subsequent tsunami, which struck Chile’s coast roughly 20 minutes after the earthquake and moved 2,000 feet onto shore in some places, devastated parts of the country. Although...
Central Asia’s Security: Issues and Implications for U.S. Interests
The Central Asian states (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) face common security challenges from crime, corruption, terrorism, and faltering commitments to economic and democratic reforms. However, cooperation among them remains halting, so security in the region is likely in the near term to vary by country. Kyrgyzstan’s and Tajikistan’s futures are most clouded by ethnic and territorial tensions, and corruption in Kazakhstan and Turkmenistan could spoil benefits from the development of their ample energy resources. Authoritarianism and poverty in...
Financial Services and General Government (FSGG): FY2010 Appropriations
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and 26 independent agencies. Among the independent agencies funded by the bill are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), the Security and Exchange Commission (SEC), and the United States Postal Service (USPS).
On May 7, 2009, the Obama Administration delivered its FY2010 budget request to...
Immigration Visa Issuances and Grounds for Exclusion: Policy and Trends
The conventional wisdom is that the terrorist attacks on September 11, 2001, prompted a substantive change in U.S. immigration policy on visa issuances and the grounds for excluding foreign nationals from the United States. A series of laws enacted in the 1990s, however, may have done as much or more to set current U.S. visa policy and the legal grounds for exclusion. This report’s review of the legislative developments in visa policy over the past 20 years and analysis of the statistical trends in visa issuances and denials provide a nuanced study of U.S. visa policy and the grounds for...
Prosecutorial Discretion in the Context of Corporate Attorney-Client Relations: A Sketch
The Justice Department enjoys prosecutorial discretion to bring criminal charges against a corporation, its culpable officers or employees, or both. For a corporation, indictment alone can be catastrophic, if not fatal, in some instances. The Thompson Memorandum, since replaced with guidelines in the U. S. Attorneys Manual, described the policy factors to be considered in the exercise of prosecutorial discretion. Two of the factors explicitly mentioned were whether a corporation had waived its privileges and whether it had cut off the payment of attorneys’ fees for its officers and...
Prosecutorial Discretion in the Context of Corporate Attorney-Client Relations
The Justice Department enjoys prosecutorial discretion to bring criminal charges against a corporation, its culpable officers or employees, or both. For a corporation, indictment alone can be catastrophic, if not fatal, in some instances. The Thompson Memorandum, since replaced with guidelines in the U. S. Attorneys Manual, described the policy factors to be considered in the exercise of prosecutorial discretion. Two of the factors explicitly mentioned were whether a corporation had waived its privileges and whether it had cut off the payment of attorneys’ fees for its officers and...
FY2011 Budget Documents: Internet and GPO Availability
This report provides brief descriptions of the budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices to obtain these publications. It also tells how to find locations of government depository libraries, which can provide both printed copies for reference use and Internet access to the text.
Firms That Incorporate Abroad for Tax Purposes: Corporate “Inversions” and “Expatriation”
In the early 2000s, reports indicated that an increasing number of U.S. firms have altered their structure by substituting a foreign parent corporation for a domestic one. Such “inversions” typically involved the creation of a new foreign corporation in a country with low tax rates (a “tax haven”) that becomes the parent of the firm’s foreign and U.S. component corporations. A chief motive for inversions was apparently savings by firms on their U.S. corporate income tax. One source of savings was tax on a firm’s foreign income: the United States taxes corporations chartered in the United...
Greenhouse Gas Emission Drivers: Population, Economic Development and Growth, and Energy Use
In the context of climate change and possible responses to the risk associated with it, three variables strongly influence the levels and growth of greenhouse gas (GHG) emissions: population, income (measured as per capita gross domestic product [GDP]), and intensity of emissions (measured as tons of greenhouse gas emissions per million dollars of GDP).
(Population) × (per capita GDP) × (Intensityghg) = Emissionsghg
This is the relationship for a given point in time; over time, any effort to change emissions alters the exponential rates of change of these variables. This means that the...
Abbott v. Abbott: Is a Ne Exeat Right a “Right of Custody” Under the Hague Convention?
International child custody disputes figure to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Thus in 2000, Members of Congress and Vice President Al Gore backed legislation to grant Cuban refugee Elian Gonzalez permanent residency status, even after President Fidel Castro demanded the boy’s return. More recently, in the 111th Congress, both houses passed resolutions (S.Res. 37 and H.R. 125) calling on the Brazilian government to return Sean Goldman, the son...
Accelerated Vehicle Retirement for Fuel Economy: "Cash for Clunkers"
This report outlines the key provisions of the Consumer Assistance to Recycle and Save (CARS) program established by P.L. 111-32, which provide rebates to prospective purchasers toward the purchase of new, fuel-efficient vehicles, provided the trade-in vehicles are scrapped. It discusses the impact of the program on the economy and also summarizes similar programs in other industrial countries.
The Federal Home Loan Bank System and Resolution of a Failure
The Federal Home Loan Bank system is a cooperative, government-sponsored enterprise, created to provide liquidity to the nation’s lenders with a special focus on low and moderate-income housing and community development, all under the supervision of the recently created Federal Housing Finance Agency. Each Federal Home Loan Bank (FHLBank) essentially acts as a lender to lenders. The 12 regional banks engage in no direct lending to the public. Instead, member banks turn to the FHLBank for on-demand low interest loans, which the member bank can then use to issue mortgages or other loans to...
Iraq: Oil and Gas Sector, Revenue Sharing, and U.S. Policy
Development in Iraq’s oil and natural gas sector is proceeding, amid ongoing debates. Iraqis differ strongly on a number of key issues, including the proper role and powers of federal and regional authorities in regulating oil and gas development; the terms and extent of potential foreign participation in the oil and gas sectors; and proposed formulas and mechanisms for equitably sharing oil and gas revenue. Concurrent, related discussions about the administrative status of the city of Kirkuk and proposed amendments to articles of Iraq’s constitution that outline federal and regional oil...
Narrowing or eliminating the 1945 McCarran-Ferguson Act’s antitrust exemption for the “business of insurance” has been pursued for many years in many Congresses, and in the 111th Congress, there have been at least four measures—three stand-alone bills, and a provision in the House health care reform bill. Unlike prior legislation to eliminate the entire exemption—currently applicable generally to the extent such business is regulated by state law—however, three of the current measures (H.R. 3596, S. 1681, and section 262 of H.R. 3962 (the House-passed health care reform bill)) are...
War Bonds in the Second World War: A Model for a New Iraq/Afghanistan War Bond?
This report discusses the high costs of fighting the wars in Iraq and Afghanistan that have rekindled congressional interest in the concept of the sale of a Treasury security to help finance these war costs.
Small Hydro and Low-Head Hydro Power Technologies and Prospects
Climate change concerns have brought a renewed focus on increased hydropower production as a potential replacement for electricity from fossil fuels. Hydropower currently accounts for about 6% of the electricity produced in the United States, and the generation of electricity from hydropower produces essentially no emissions of carbon. However, since most of the larger, more traditional hydroelectric resources have already been developed, a clean energy rationale for development of small and low-head hydropower resources may now exist.
Power generation from rivers and streams is not...
Illegal Drug Trade in Africa: Trends and U.S. Policy
Africa has historically held a peripheral role in the transnational illicit drug trade, but in recent years has increasingly become a locus for drug trafficking, particularly of cocaine. Recent estimates suggest that in recent years, apart from late 2008 and 2009, between 46 and 300 metric tons of South American cocaine may have transited West Africa en route to Europe. Recent cocaine seizure levels are sharply higher than those in the late 1990s and early 2000s, which in all of Africa rarely exceeded 1 metric ton a year. Africa’s emergence as a trafficking nexus appears to have resulted...
Jobs for Main Street Act: Education, Training and Direct Assistance Provisions
The Obama Administration and Congress continue to grapple with high rates of unemployment despite some tentative signs of economic recovery. On December 8, 2009, President Obama outlined a series of proposals intended to accelerate job growth, focusing on incentives to small businesses, spending on infrastructure projects, and job creation through energy initiatives. The President also signaled support for the extension of some of the direct assistance provisions included in the American Recovery and Reinvestment Act (ARRA, P.L. 111-5), including Unemployment Compensation (UC) benefits and...
Credit Counseling Requirements for Consumer Bankruptcy
Section 106 of P.L. 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), creates credit counseling requirements for consumers seeking to file for bankruptcy under Chapter 7 (governing the liquidation of a debtor’s assets) and Chapter 13 (governing the financial reorganization of a debtor’s assets). BAPCPA amends the U.S. Bankruptcy Code, 11 U.S.C. §109, to require an individual to receive credit counseling before filing a petition for bankruptcy. In certain circumstances, these requirements may be waived. BAPCPA also requires debtors, after they file for...
Violence Against Women Act: History and Federal Funding
This report provides a brief legislative history of Violence Against Women Act (VAWA) and an overview of the crimes addressed through VAWA. The report concludes with a brief description of the most recent reauthorization of VAWA.
Some lawmakers have expressed concern over several proposals being considered in the current Congress to raise the tax burden on high-income individuals. Of particular concern are a proposal by the Obama Administration to allow the top two individual marginal tax rates (currently 33% and 35%) to return to their pre-2001 levels of 36% and 39.6%, starting in 2011, and a provision in the health care reform bill passed by the House (H.R. 3962) to impose a 5.4% surtax on the modified adjusted gross incomes (MAGIs) of single filers above $500,000 and the MAGIs of joint filers above $1 million,...
Potential Implications of a Carbon Offset Program to Farmers and Landowners
Numerous studies have attempted to estimate the economic effects of potential climate legislation currently being considered by Congress. These studies have examined both the economy-wide effects, as well as the effects to specific sectors. Two principal reports on the economic effects to the U.S. agriculture and forestry sectors were conducted by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA). As described by USDA, these studies generally concluded that the overall economic costs to the agricultural community of the proposed legislation would...
Health Reform and the 111th Congress
The health reform debate in the 111th Congress continued and expanded upon the work begun in the 110th Congress. On November 12, 2008, the chairman of the Senate Finance Committee, Senator Baucus, released a white paper detailing his principles for health reform. This provided a framework for work within the committee for the 111th Congress. Several bills were introduced when the 111th Congress first convened, and these bills focused on a broad spectrum of approaches to health reform.
On November 7, 2009, the House passed H.R. 3962, the Affordable Health Care for America Act. H.R. 3962 is...
The National Commission on Children and Disasters: Overview and Issues
The National Commission on Children and Disasters (the Commission) is authorized under the provisions of the Kids in Disasters Well-being, Safety, and Health Act of 2007 (P.L. 110-161) and given federal advisory committee statutory authority under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (P.L. 110-329). The U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), provides financial and administrative support to the Commission, whose purpose is to assess the needs of children in the preparation for,...
Costa Rica: Background and U.S. Relations
Costa Rica is a politically stable Central American nation with a relatively well-developed economy. Former president (1986-1990) and Nobel-laureate Oscar Arias of the historically center-left National Liberation Party was elected President in 2006. Throughout his term, Arias has advanced so-called “third-way” policies, embracing his party’s traditional support for social welfare programs while rejecting state-led development in favor of market-oriented economic policies. Considerable economic growth and social protection programs have provided Costa Rica’s citizens with a relatively high...
This report describes Federal Highway Administration (FHWA) assistance for the repair and reconstruction of disaster-damaged highways and bridges or catastrophic failures (such as a bridge collapse).
Congressional Oversight: An Overview
A fundamental objective of congressional oversight is to hold executive officials accountable for the implementation of delegated authority. This objective is especially important given the huge expansion of executive influence in the modern era. If the Founding Fathers returned to observe their handiwork, they would likely be surprised by such developments as the creation of a “presidential branch” of government (the Office of Management and Budget, the National Security Council, and the like) and the establishment of so many federal departments and agencies. From three departments in...
Water Rights Related to Oil Shale Development in the Upper Colorado River Basin
Concerns over fluctuating oil prices and declining petroleum production worldwide have revived interest in oil shale as a potential resource. The Energy Policy Act of 2005 (EPAct; P.L. 109-58) identified oil shale as a strategically important domestic resource and directed the Department of the Interior to promote commercial development. Oil shale development would require significant amounts of water, however, and water supply in the Colorado River Basin, where several oil shale reserves are located, is limited. According to news reports, oil companies holding water rights in the region...
Veterans Health Administration: Community-Based Outpatient Clinics
In the early 1990s, the Veterans Health Administration (VHA)—one of the three administrations of the Department of Veterans Affairs (VA)—began developing a strategy to expand its capacity to provide outpatient primary care, especially for veterans who had to travel long distances to receive care at VA facilities. To facilitate access to primary care closer to where veterans reside, VHA began implementing a system for approving and establishing Community-Based Outpatient Clinics (CBOCs).
A CBOC is a fixed health care site that is geographically distinct or separate from its parent VA...
Pipeline Safety and Security: Federal Programs
This report discusses congressional interest in securing the nation's pipelines. Nearly half a million miles of oil and natural gas transmission pipeline crisscross the United States. While an efficient and fundamentally safe means of transport, many pipelines carry hazardous materials with the potential to cause public injury and environmental damage.
The Consumer Price Index: A Brief Overview
The Consumer Price Index (CPI) is perhaps the most widely reported measure of inflation. A number of federal government programs are regularly adjusted to account for changes in the CPI, such as Social Security benefits and the personal income tax rate schedule. Thus, the behavior of the CPI has important consequences for a large number of people. Many, however, may be unfamiliar with how the CPI is estimated.
For Congress, the CPI is of particular interest because of its significant effect on the federal budget. Changes in the CPI can have substantial effects on both revenues and outlays,...
The Federal Response to Calls for Increased Aid from USDA’s Food Assistance Programs
Domestic food assistance programs typically make up a large portion of federal spending for needy households during economic downturns. The need for, participation in, and the costs of these programs—like the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program)—have grown dramatically.
In response to the recent downturn, the Administration and Congress have taken major steps to change food assistance program policies to open up program access and to increase federal funding. Most important, SNAP benefits have been increased across the board and eligibility...
Employer Wellness Programs: Health Reform and the Genetic Information Nondiscrimination Act
Health reform is a major issue on the domestic policy agenda of the 111th Congress. Congress has been considering a number of policy proposals to reform the health delivery system that aim to improve health care quality, reduce health care costs, and expand access to care. A range of proposals have targeted reform of the delivery system through an increased focus on prevention and wellness in an effort to encourage individuals to adopt healthier lifestyles. One prominent policy lever being considered in some health delivery reform proposals is employer wellness programs. Employer wellness...
Animal Waste and Water Quality: EPA Regulation of Concentrated Animal Feeding Operations (CAFOs)
According to the Environmental Protection Agency, the release of waste from animal feedlots to surface water, groundwater, soil, and air is associated with a range of human health and ecological impacts and contributes to degradation of the nation’s surface waters. The most dramatic ecological impacts are massive fish kills. A variety of pollutants in animal waste can affect human health, including causing infections of the skin, eye, ear, nose, and throat. Contaminants from manure can also affect human health by polluting drinking water sources.
Although agricultural activities are...
Labor, Health and Human Services, and Education: Highlights of FY2010 Budget and Appropriations
This report tracks FY2010 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and 13 related agencies. The report summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
On May 7, 2009, President Obama submitted the FY2010 budget request to Congress, including $163.8 billion in discretionary L-HHS-ED funds. The comparable FY2009 amount was $160.1 billion, enacted mainly through the Omnibus Appropriations...
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
Division C of P.L. 109-148 (2005), 42 U.S.C. §§ 247d-6d, 247d-6e, also known as the Public Readiness and Emergency Preparedness Act (PREP Act), limits liability with respect to pandemic flu and other public health countermeasures. Specifically, upon a declaration by the Secretary of Health and Human Services of a public health emergency or the credible risk of such emergency, Division C would, with respect to a “covered countermeasure,” eliminate liability, with one exception, for the United States, and for manufacturers, distributors, program planners, persons who prescribe, administer or...
Foreign Direct Investment: Current Issues
This report presents an overview of current issues related to foreign direct investment in the economy and the development of U.S. policy toward inward and outward direct investment. This report also assesses the role of foreign direct investment in the economy and the costs and benefits of direct investment.
The No Child Left Behind Act of 2001 (NCLB) contains several requirements related to student assessments for states and local educational agencies (LEAs) participating in Elementary and Secondary Education Act (ESEA) Title I-A (Education for the Disadvantaged). Under the NCLB, in addition to previous requirements for standards and assessments in reading and mathematics at three grade levels, all states participating in Title I-A were required to implement standards-based assessments for students in each of grades 3-8 in reading and mathematics by the end of the 2005-2006 school year....
The Global Financial Crisis: Analysis and Policy Implications
The world appears to be recovering from the global recession that has caused widespread business contraction, increases in unemployment, and shrinking government revenues. Although the industrialized economies have stopped contracting, for many, unemployment is still rising. The United States likely hit bottom in June 2009, but numerous small banks and households still face huge problems in restoring their balance sheets, and unemployment has combined with sub-prime loans to keep home foreclosures at a high rate. Nearly all industrialized countries and many emerging and developing nations...
Federal White-Collar Pay: FY2009 and FY2010 Salary Adjustments
Federal white-collar employees are intended by law to receive an annual pay adjustment and a locality-based comparability payment, effective in January of each year, under Section 529 of P.L. 101-509, the Federal Employees Pay Comparability Act (FEPCA) of 1990. The law has never been implemented as originally enacted; annual and locality payments pursuant to the statute have been reduced each year. Federal white-collar employees received a 1.5% annual pay adjustment and a 0.5% locality-based comparability payment in January 2010. President Barack H. Obama authorized the average 2.0% pay...
The 2009 Asia Pacific Economic Cooperation (APEC) Meetings and U.S. Trade Policy in Asia
Congress and the Executive Branch have historically identified the Asia Pacific Economic Cooperation forum (APEC) as potentially important in the promotion of liberalized international trade and investment in Asia, and possibly the rest of the world. APEC’s commitment to the goal of trade and investment liberalization is embodied in its Bogor Goals, in which APEC members pledged to free and open trade and investment in the Asia-Pacific by 2010 for industrialized economies and 2020 for developing economies.
The 2009 APEC Leaders’ and Ministerial Meetings focused on balanced growth,...
Military Construction, Veterans Affairs, and Related Agencies: FY2010 Appropriations
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. It capitalizes military family housing and the U.S. share of the NATO Security Investment Program, and finances the implementation of installation closures and realignments. It underwrites veterans benefit and health care programs administered by the Department of Veterans Affairs, provides for the creation and maintenance of U.S. cemeteries and...
Metropolitan Transportation Planning
Federal law requires state and local governments to designate a metropolitan planning organization (MPO) in each urbanized area with a population of 50,000 or more to help plan surface transportation infrastructure and services. There are currently 381 MPOs nationwide. Despite some strengthening of their authority over the years, MPOs have generally remained subordinate to state departments of transportation (DOTs) in the planning and selecting (“programming”) of projects using federal surface transportation funds. Moreover, it can be argued that at the metropolitan level MPOs are...
Revising the National Ambient Air Quality Standard for Lead
The Administrator of the Environmental Protection Agency (EPA), under a court order to review the National Ambient Air Quality Standard (NAAQS) for lead, announced his decision October 16, 2008, reducing the standard by 90%, from 1.5 micrograms per cubic meter (µg/m3) to 0.15 µg/m3. EPA also promulgated new monitoring requirements at that time, requiring monitors downwind of any source emitting one ton or more of lead per year and in urban areas with populations of 500,000 or more. In January 2009, the Natural Resources Defense Council and three other groups petitioned EPA for a...
The Federal Government Debt: Its Size and Economic Significance
This report explains the different measures of the U.S. government debt, discusses the historical growth in the debt, identifies the current owners of the debt, presents comparisons with government debt in other countries, and examines the potential economic risks associated with a growing federal debt.
Beginning with the widespread use of e-mail by Congress in the mid-1990’s, the development of new electronic technologies has altered the traditional patterns of communication between Members of Congress and constituents. Many Members now use e-mail, official websites, blogs, YouTube channels, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 15 years ago.
These technologies have arguably served to enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities...
Veterans Health Care: Project HERO Implementation
In general, the Department of Veterans Affairs (VA), through the Veterans Health Administration (VHA), provides a majority of medical services to veterans within its health care system. However, in some instances, such as when a clinical service cannot be provided by a VA medical center, when a veteran is unable to access VA health care facilities due to geographic inaccessibility, or in emergencies when delays could lead to life threatening situations, VHA is authorized by law to send the veteran outside of VA’s health care system to seek care. In 2006, the conference report to accompany...
Home Visitation for Families with Young Children
Health care reform legislation passed by the House in November 2009 (H.R. 3962) and in the Senate in December 2009 (H.R. 3590) would authorize and provide funds for grants to states to provide home visiting services, on a voluntary basis, to families with young children. (For a comparison of selected provisions in those proposals, see Table 4). There is no current law program that provides grants to states exclusively for home visiting programs. The Obama Administration requested authorization and funding for such a program as part of its FY2010 budget request. This proposal was not...
State, Foreign Operations, and Related Programs: FY2010 Budget and Appropriations
The annual State, Foreign Operations and Related Agencies appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. international affairs budget and influences executive branch foreign policy making in general, as these activities have not been considered regularly by Congress through the authorization process since 2003. Funding for Foreign Operations and State Department/Broadcasting programs has been steadily rising since FY2002, after a period of decline in the 1980s and 1990s. Amounts approved for FY2004 in regular and supplemental bills reached an...
The Economics of the Federal Budget Deficit
The Congressional Budget Office (CBO) estimates that the federal budget deficit for FY2009 was $1,414 billion, triple the $459 billion deficit recorded in FY2008. The CBO expects the deficit for FY2010 to be $1,349 billion. The estimate for 2010 is based on current law. The budget deficit in FY2009 was, in dollar terms, unprecedented. Compared to the overall economy, the $1.4 trillion budget deficit equaled 9.9% of gross domestic product (GDP). In 1943, the budget deficit reached 30.3% of GDP. Since 1946 and before now, the largest the budget deficit had been, relative to the overall...
Alien Legalization and Adjustment of Status: A Primer
Immigration patterns have changed substantially since 1952, when policy makers codifying the Immigration and Nationality Act (INA) assumed that most aliens becoming legal permanent residents (LPRs) of the United States would be arriving from abroad. In 1975, more than 80% of all LPRs arrived from abroad. By 2005, however, only 34% of all aliens who became LPRs had arrived from abroad; most LPRs adjust status within the United States.
This report summarizes the main avenues for foreign nationals currently in the United States—legally or illegally—to become LPRs. Alien legalization or...
Premium Conversion of Health Insurance
Premium conversion allows employees to pay their share of employment-based health insurance premiums on a pre-tax basis. The tax treatment is difficult for people who are not tax experts to understand, as are the rules that limit its use in a manner some consider arbitrary and unfair. Premium conversion is sometimes referred to as “premium only” or “section 125 plans,” causing further confusion.
Premium conversion is authorized by section 125 of the Internal Revenue Code, a section entitled “cafeteria plans.” In general, the section allows taxpayers to choose among taxable and nontaxable...
Honduran Political Crisis, June 2009-January 2010
On June 28, 2009, the Honduran military detained President Manuel Zelaya and flew him to exile in Costa Rica, ending 27 years of uninterrupted democratic, constitutional governance. Honduran governmental institutions had become increasingly polarized in the preceding months as a result of Zelaya’s intention to hold a non-binding referendum and eventually amend the constitution. After the ouster, the Honduran Supreme Court asserted that an arrest warrant had been issued for Zelaya as a result of his noncompliance with judicial decisions that had declared the non-binding referendum...
Brief Summaries of Federal Animal Protection Statutes
This report contains brief summaries of federal animal protection statutes, listed alphabetically. It includes statutes enacted to implement certain treaties, but it does not include treaties. Additionally, this report includes statutes that concern animals but that are not necessarily animal protection statutes. For example, it discusses a statute authorizing the eradication of predators, because one of the statute’s purposes is to protect domestic and “game” animals; and it includes statutes to conserve fish even though the ultimate purpose of such statutes may not be for the benefit of...
In December 2007, the Federal Communications Commission relaxed its newspaper/broadcast ownership ban (order released February 2008). The decision raised concerns in Congress about increasing media consolidation that have long been at the forefront of the debate over ownership restrictions. The Commission’s order served to rekindle the discussion of media consolidation and the perceived need to take action to preserve a diversity of voices in the marketplace of ideas. The FCC rule, as this report illustrates, has a history dating back to a previous failed attempt to relax a greater number...
Long-Term Care (LTC): Financing Overview and Issues for Congress
This report provides an overview of long-term care (LTC) and an explanation of the nation’s complex financing system of public and private payers. It also describes some of the major challenges facing Congress as it contemplates LTC reform and whether and how to include LTC in health reform legislation.
Minority Ownership of Broadcast Properties: A Legal Analysis
Amidst growing media ownership consolidation and a significant decline in minority ownership of telecommunications businesses, there has been renewed interest in programs that foster diversity among telecommunications business owners. One potential avenue under consideration is to revive, in revised fashion, a tax program that would allow current owners who sell their broadcast properties to eligible purchasers to defer taxes on gains from the sale. That program had been available for sales to minority-owned firms, defined as socially and economically disadvantaged businesses (SDBs). It...
Paraguay: Political and Economic Conditions and U.S. Relations
Paraguay, a landlocked nation in the center of South America, has friendly relations with the United States and has been a traditional ally. Paraguay’s turbulent political history and tradition of political authoritarianism have resulted in international isolation that the country is seeking to overcome. The population of 6.9 million people is one the most homogenous mestizo populations in the hemisphere. Paraguay’s largely agrarian economy has grown well in recent years on the strength of global commodity prices. However, in 2009, a severe drought and the impact of the global economic...
Mandatory Flood Insurance Purchase in Remapped Residual Risk Areas Behind Levees
This report examines the amount of flood insurance that must be purchased (and retained) on loans secured by real property located in federally designated special flood hazard areas (SFHAs).
Government Interventions in Response to Financial Turmoil
This report reviews new programs introduced and other actions taken by the Treasury, Federal Reserve, and Federal Deposit Insurance Corporation in response to the recent financial crisis. It does not cover longstanding programs such as the Fed's discount window and FDIC receivership of failed banks.
“Orphan Works” in Copyright Law
Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate. Orphan works are perceived to be inaccessible because of the risk of infringement liability that a user might incur if and when a copyright owner subsequently appears. Consequently, many works that are, in fact, abandoned by owners are withheld from public view and circulation because of uncertainty about the owner and the risk of liability.
In 2006, at the request of Congress, the U.S. Copyright Office issued its Report on Orphan Works (“Report”). The goal of the Report was to elicit...
The History and Effect of Abortion Conscience Clause Laws
Conscience clause laws allow medical providers to refuse to provide services to which they have religious or moral objections. In some cases, these laws are designed to excuse such providers from performing abortions. While substantive conscience clause legislation, such as the Abortion Non-Discrimination Act, has not been approved, appropriations bills that include conscience clause provisions have been passed. This report describes the history of conscience clauses as they relate to abortion law and provides a legal analysis of the effects of such laws. The report also discusses the...
Israeli-Arab Negotiations: Background, Conflicts, and U.S. Policy
After the first Gulf war, in 1991, a new peace process consisting of bilateral negotiations between Israel and the Palestinians, Jordan, Syria, and Lebanon achieved mixed results. Milestones included the Israeli-Palestine Liberation Organization (PLO) Declaration of Principles (DOP) of September 13, 1993, providing for Palestinian empowerment and some territorial control, the Israeli-Jordanian peace treaty of October 26, 1994, and the Interim Self-Rule in the West Bank or Oslo II accord of September 28, 1995, which led to the formation of the Palestinian Authority (PA) to govern the West...
U.S. Global Health Assistance: Background, Priorities, and Issues for the 111th Congress
U.S. funding for global health activities has grown significantly over the past decade, from $1.8 billion in FY2001 to $8.5 billion in FY2010. During this time period, Congress has significantly increased funding for responses against infectious disease outbreaks, including the 2009 influenza pandemic (H1N1), H5N1 avian influenza (avian flu), human immunodeficiency/acquired immunodeficiency syndrome (HIV/AIDS), tuberculosis (TB), and malaria. U.S. agencies and departments also supplement funds that Congress appropriates for these purposes with funds from their discretionary...
Amtrak: Budget and Reauthorization
Amtrak was created by Congress in 1970 to provide intercity passenger railroad service. It operates approximately 44 routes over 22,000 miles of track, 97% of which is owned by freight rail companies. It runs a deficit each year, and requires federal assistance to cover operating losses and capital investment. Without a yearly federal grant to cover operating losses, Amtrak would not survive as presently configured. The crux of the public policy issue facing Congress has been succinctly stated by the Department of Transportation Inspector General (DOT IG): “To create a new model for...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2010 Appropriations
President Obama requested a total of $123.1 billion for the agencies included in H.R. 3288, the Transportation, Housing and Urban Development, and Related Agencies Appropriations (THUD) bill for FY2010. This request represented an increase of approximately $14.1 billion (12.9%) over the $109.1 billion provided in the FY2009 THUD appropriations act (Division I of P.L. 111-8). The enacted legislation provided $122.1 billion, less than 1% ($977 million) below the President’s request and 12% ($13.4 billion) more than the comparable FY2009 funding (not including the FY2009 emergency funding)....
Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act (FTCA) is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. Three major exceptions, under which the United States may not be held liable, even in circumstances where a private person could be held liable under state law, are the Feres doctrine, which prohibits suits...
Federal Information Security and Data Breach Notification Laws
The following report describes information security and data breach notification requirements included in the Privacy Act, the Federal Information Security Management Act, Office of Management and Budget Guidance, the Veterans Affairs Information Security Act, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Gramm-Leach-Bliley Act, the Federal Trade Commission Act, and the Fair Credit Reporting Act. Also included in this report is a brief summary of the Payment Card Industry Data Security Standard (PCI...
Under the Copyright Act, Internet radio broadcasters, or “webcasters,” that stream copyrighted music to their listeners are obliged to pay royalty fees to the sound recording copyright owners at statutory rates established by the Copyright Royalty Board (CRB). However, some webcasters may also have the option of paying different royalty fees that are privately negotiated with SoundExchange, the entity that collects performance royalties on behalf of sound recording copyright owners and recording artists.
On March 9, 2007, the CRB announced statutory royalty rates for certain digital...
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Tort law at present is almost exclusively state law rather than federal law, although, as noted in the appendix to this report, Congress has enacted a number of tort reform statutes.
Part I of this report concludes that Congress has the authority to enact tort reform legislation generally, under its power to regulate interstate commerce, and to make such legislation applicable to...
Foreign Investor Visas: Policies and Issues
With the current economic downturn, Members of the 111th Congress are likely to be faced with many policy options aimed at economic improvement, including the possible consideration of amending visa categories for foreign investors. Foreign investors are often viewed as providing employment opportunities for U.S. citizens rather than displacing native workers. Yet, extending foreign investor visas provides several potential risks as well, such as visa abuses and security concerns. Thus, a potential policy question for Congress—and particularly legal permanent resident (LPR) investors—is...
Federal Domestic Illegal Drug Enforcement Efforts: Are They Working?
This report examines the federal drug enforcement data reported annually by key agencies charged with enforcing federal drug control laws. This report provides background and an overview of current federal drug control efforts and outcomes.
Federal Flood Policy Challenges: Lessons from the 2008 Midwest Flood
Floods remain a significant hazard in the United States. Developing and investing in flood-prone areas represents a tradeoff between the location’s economic and other benefits and the exposure to a flood hazard. In the United States, flood mitigation, protection, emergency response, and recovery roles and responsibilities are shared. Local governments are responsible for land use and zoning decisions that shape floodplain and coastal development. State and federal programs, policies, and investments influence community and individual decisions on managing flood risk. The federal government...
Instances of Use of United States Armed Forces Abroad, 1798-2009
This report reviews hundreds of instances in which the United States has utilized military forces abroad in situations of military conflict or potential conflict to protect U.S. citizens or promote U.S. interests.
Globalized Supply Chains and U.S. Policy
In the globalized world of business, production is becoming fragmented into discrete activities and can be spread geographically within and across national borders while remaining integrated organizationally within a multinational company or network of companies. Such globalized production networks are called supply chains or value-added networks. This world of supply chains raises both challenges and opportunities for U.S. policymakers, firms, and workers.
The globalization of production networks has raised policy issues and has called into question certain long-held perceptions about the...
The German Economy and U.S.-German Economic Relations
Germany is the world’s fifth largest economy and the largest in Europe, accounting for about one-fifth of the European Union’s (EU) GDP. Germany is also the largest European trade and investment partner of the United States. Mutually profitable and growing U.S.-German commercial ties historically have been facilitated by a strong German economy. The health and functioning of the German economy, as well as its approaches to international economic policy issues, thus, are of considerable importance to the United States as well as to the rest of Europe.
By most standards, post-war West...
Disability Evaluation of Military Servicemembers
On February 18, 2007, the Washington Post published the first in a series of articles describing problems with outpatient medical care and other services provided at the Walter Reed Army Medical Center (WRAMC). The series noted, among other things, concerns about the processes used to evaluate disability in injured military servicemembers. Both the Department of Defense (DOD) and the Department of Veterans Affairs (VA) conduct disability evaluations and assign disability ratings to servicemembers or veterans under their respective authorities. An individual’s disability rating, from either...
Brazil’s and Canada’s WTO Cases Against U.S. Agricultural Direct Payments
In 2007, Brazil and Canada, independently of each other, requested consultations with the United States under the auspices of the World Trade Organization’s (WTO’s) Dispute Settlement process concerning similar grievances regarding U.S. domestic agricultural support programs and the U.S. export credit guarantee program. After consultations failed to resolve their concerns, both countries (again acting independently) requested the establishment of a WTO panel to rule on their complaints. The WTO’s Dispute Settlement Body, on December 17, 2007, established a single panel to consider both...
Airport Improvement Program (AIP): Reauthorization Issues for Congress
This report discusses the Airport Improvement Program and its complement, the passenger facility charge (PFC), within the broader context of airport capital development finance. After a brief history of federal support for airport construction and improvement, the report describes AIP funding, its source of revenues, funding distribution, and the types of projects the program funds.
The Impact of Medicare Premiums on Social Security Beneficiaries
Most Social Security beneficiaries pay Medicare premiums. Beneficiaries who participate in Medicare Part B (Supplementary Medical Insurance) or Part D (prescription drugs) must pay monthly premiums, unless they qualify for low-income assistance. Part B participants who also receive Social Security must have the Part B premiums automatically deducted from their Social Security checks. Part D participants may choose to have their premiums deducted from their Social Security checks.
Medicare premiums are absorbing a growing share of Social Security benefits. To see the effect of growing...
Aircraft are a significant source of greenhouse gases—compounds that trap the sun’s heat, with effects on the Earth’s climate. In the United States, aircraft of all kinds are estimated to emit between 2.6% and 3.4% of the nation’s total greenhouse gas (GHG) emissions, depending on whether one counts international air travel. The impact of U.S. aviation on climate change is perhaps twice that size when other factors are considered. These include the contribution of aircraft emissions to ozone formation, the water vapor and soot that aircraft emit, and the high altitude location of the bulk...
Comparing U.S. and EU Program Support for Farm Commodities and Conservation
The European Union (EU) is one of the United States’ chief agricultural trading partners and also a major competitor in world food markets. Both the United States and the EU provide significant government support for their agricultural sectors. In the United States, a large share of support is concentrated on wheat, feed grains, cotton, oilseeds, sugar, and dairy. The EU provides more extensive support to a broader range of farm and food products, including grains, cotton, rice, oilseeds, peanuts, dairy, and sugar, but also fresh and processed fruits and vegetables, and livestock products....
In a 5-to-4 ruling, the Supreme Court in Citizens United v. FEC invalidated two provisions of the Federal Election Campaign Act (FECA), codified at 2 U.S.C. § 441b. It struck down the long-standing prohibition on corporations using their general treasury funds to make independent expenditures, and Section 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), which amended FECA, prohibiting corporations and labor unions from using general treasury funds for “electioneering communications.” The Court determined that these restrictions constitute a “ban on speech” in violation of the...
An Overview of Proposals to Establish an Independent Commission or Board in Medicare
Current health care reform discussions have included debates about the merits of creating an independent entity in Medicare to make changes in the program. Currently, Medicare policy is made largely by Congress and, to varying degrees, the Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for administering the program. The proposals being debated would essentially create an independent body of experts with the power to set provider payment rates and make other Medicare policy decisions.
Advocates of these types of proposals argue that creating a new...
Charitable Contributions for Haiti’s Earthquake Victims
On January 12, 2010, a magnitude 7.0 earthquake struck Haiti. As of January 25, 2010, the death toll was estimated to exceed 150,000. The earthquake and resulting aftershocks affected approximately 3 million people and caused significant damage to buildings and infrastructure. The earthquake has left an estimated 1 million Haitians homeless.
On January 22, 2010, President Obama signed into law the Haiti Assistance Income Tax Incentive Act (HAITI Act; P.L. 111-126). This legislation accelerates income tax benefits for charitable cash contributions for the relief of earthquake victims....
Border Security: Key Agencies and Their Missions
After the massive reorganization of federal agencies precipitated by the creation of the Department of Homeland Security (DHS), there are now four main federal agencies charged with securing the United States’ borders: the U.S. Customs and Border Protection (CBP), which patrols the border and conducts immigrations, customs, and agricultural inspections at ports of entry; the U.S. Immigrations and Customs Enforcement (ICE), which investigates immigrations and customs violations in the interior of the country; the United States Coast Guard, which provides maritime and port security; and the...
Measuring and Monitoring Carbon in the Agriculture and Forestry Sectors
Proposals to reduce emissions of carbon dioxide and other greenhouse gases often include the use of forestry and agricultural practices and lands for carbon sequestration. However, uncertainty about the accuracy of measuring carbon from these activities has led some to question this potential. Basic approaches for measuring forest and agricultural carbon include on-site measurement; indirect measurement from off-site tools; and estimation using models or inferences. Because of challenges associated with balancing the cost and accuracy of these measurement tools, any practicable system for...
Elementary and Secondary Education Act: An Analytical Review of the Allocation Formulas
The Elementary and Secondary Education Act (ESEA) contains 45 separately authorized programs, plus approximately 20 specified sub-programs. The largest of these programs distribute funds by formulas that prescribe how funds are to be allocated among state educational agencies (SEAs) or local educational agencies (LEAs) nationwide. They take the form of mathematical equations through which the U.S. Department of Education (ED), and in many cases also SEAs, calculate grant amounts for each potential grantee meeting statutory eligibility criteria. They almost always include one or more...
Local and Regional Procurement for U.S. International Emergency Food Aid
Using federally appropriated funds to procure commodities for international food aid in countries with emergency needs or in nearby countries is a controversial issue. In budget submissions for FY2006-FY2009, the Bush Administration proposed allocating up to 25% of the funds available for U.S. food aid (Title II of P.L. 480, or the Food for Peace Act) to local or regional procurement (LRP) of food aid commodities. Each time Congress rejected the proposal. The Administration argued that LRP would increase the timeliness and effectiveness of the U.S. response to overseas food emergencies by...
The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2010
On May 11, 2009, President Obama requested $4.474 billion for the National Oceanic and Atmospheric Administration’s (NOAA’s) FY2010 budget. This amount was $109 million (2.5%) more than the FY2009 enacted appropriation of $4.365 billion. Administration priorities for the NOAA budget included satellite programs, climate research, endangered species recovery, and fisheries management.
On June 18, 2009, the House passed H.R. 2847 to fund the Departments of Commerce and Justice, Science, and Related Agencies (CJS) for FY2010. The House included $4.603 billion for NOAA, which was $238 million...
Constitutional Limits on Punitive Damages Awards: An Analysis of Supreme Court Precedent
In civil cases, courts sometimes award punitive (or exemplary) damages in addition to compensatory damages. Compensatory damages are meant to redress the “loss the plaintiff has suffered by reason of the defendant’s wrongful conduct,” in an attempt to “compensate” the injured person for the loss suffered. Where a defendant has engaged in particularly egregious conduct, however, punitive damages can be awarded in addition to compensatory damages. A punitive damages award will generally exceed the actual value of the harm caused by the defendant. Although the permissible motivations behind...
The Museum and Library Services Act of 2003: Overview and Reauthorization Issues
The authorization of the Museum and Library Services Act expired with FY2009. Its reauthorization may be considered by the 111th Congress. It was last reauthorized by P.L. 108-81, the Museum and Library Services Act of 2003 (MLSA), signed into law on September 25, 2003. MLSA authorizes funding for Library Services and Technology (LST) and for Museum Services. MLSA is administered by the Institute of Museum and Library Services (IMLS). P.L. 108-81 authorized $232 million for LST in FY2004, and such sums as may be necessary for FY2005-FY2009. It authorized $38.6 million for Museum Services...
Renditions: Constraints Imposed by Laws on Torture
Persons suspected of criminal or terrorist activity may be transferred from one State (i.e., country) to another for arrest, detention, and/or interrogation. Commonly, this is done through extradition, by which one State surrenders a person within its jurisdiction to a requesting State via a formal legal process, typically established by treaty. Far less often, such transfers are effectuated through a process known as “extraordinary rendition” or “irregular rendition.” These terms have often been used to refer to the extrajudicial transfer of a person from one State to another. In this...
This report identifies incentives for and barriers to federal agencies achieving the energy efficiency goals and greenhouse gas (GHG) reduction targets outlined in recent laws and executive orders.
The federal government is the single largest consumer of energy in the United States, but consumes only 1% of the total energy used. Federal energy spending represents upwards of 1% of its total budget (discretionary and mandatory spending). Since the 1970s, Congress has enacted various laws that reduce energy consumption in the federal sector by improving energy efficiency. The Energy Policy...
North Korea: Economic Leverage and Policy Analysis
In early and mid-2009, the Democratic Peoples Republic of Korea (DPRK or North Korea) embarked on a course that included a series of extremely provocative military actions, a shift in power toward the military, emphasis on ideological purity, rising criticism of the United States, and going forward with its nuclear and missile program in spite of sanctions and objections from much of the rest of the world. As 2009 ended, the DPRK was in the midst of a “charm offensive” in which it took specific actions to ease tensions with the United States and South Korea and appears to have...
This report discusses legislation related to the Pakistan Enduring Assistance and Cooperation Enhancement Act (H.R. 1886), the Afghanistan-Pakistan Security and Prosperity Enhancement Act (H.R. 1318), and the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011 (H.R. 2410). It also discusses the Afghanistan and Pakistan Reconstruction Opportunity Zones Act (S. 496).
The MS-13 and 18th Street Gangs: Emerging Transnational Gang Threats?
This report provides an overview of the MS-13 and M-18 gangs,5 examines how MS-13 and M-18 gangs are different from other gangs and organized crime groups, and discusses what constitutes a transnational gang. The report also explores whether MS-13 and M-18 gangs are transnational gangs, and discusses the various federal responses to these gangs.
Terrorist Attacks on Commercial Airlines: Federal Criminal Prohibitions
Federal authorities can and have prosecuted terrorist attacks on commercial airlines under a wide variety of federal statutes. Some of those statutes outlaw crimes committed aboard a commercial airliner; some, crimes committed against the aircraft itself; others, crimes involving the use of firearms or explosives; still others, crimes committed for terrorist purposes. Within each category, the law reaches co-conspirators and other accomplices. Moreover, although most apply when committed within the United States, many apply to terrorist attacks overseas, particularly but necessarily, when...
Security and Prosperity Partnership of North America: An Overview and Selected Issues
The Security and Prosperity Partnership of North America (SPP) was a trilateral initiative that was launched in March 2005 by Canada, Mexico, and the United States to increase cooperation and information sharing for the purpose of increasing and enhancing security and prosperity in North America. President Obama met with Mexican President Calderón and Canadian Prime Minister Harper at the North American Leaders’ Summit in Guadalajara, Mexico in August 2009. The three leaders discussed key issues that affect the three countries and agreed to continue cooperation in these areas, but there...
Transnational organized crime groups in Burma (Myanmar) operate a multi-billion dollar criminal industry that stretches across Southeast Asia. Trafficked drugs, humans, wildlife, gems, timber, and other contraband flow through Burma, supporting the illicit demands of the region and beyond. Widespread collusion between traffickers and Burma’s ruling military junta, the State Peace and Development Council (SPDC), allows organized crime groups to function with impunity. Transnational crime in Burma bears upon U.S. interests as it threatens regional security in Southeast Asia and bolsters a...
Nuclear Weapons in U.S. National Security Policy: Past, Present, and Prospects
The Bush Administration outlined a strategy of “tailored deterrence” to define the role that nuclear weapons play in U.S. national security policy. There has been little discussion of this concept, either in Congress or in the public at large. This leaves unanswered questions about how this strategy differs from U.S. nuclear strategy during the Cold War and how it might advise decisions about the size and structure of the U.S. nuclear arsenal.
Throughout the Cold War, the United States relied on nuclear weapons to deter an attack by the Soviet Union and its allies and to forestall the...
Peru Trade Promotion Agreement: Labor Issues
On April 12, 2006, the United States and Peru signed the proposed U.S.-Peru Trade Promotion Agreement (PTPA). On June 25, 2007, the Administration released a revised text with new labor, environment, and other provisions. This “final text” language reflected a Congress-Administration “New Trade Policy for America” announced on May 10 that incorporated key Democratic priorities. Supporters of the agreement argue that Peru has ratified all eight International Labor Organization (ILO) core labor standards and that the PTPA would reinforce Peru’s labor reform measures of recent years. Critics...
Veterans Medical Care: FY2010 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA).
This report focuses on the VHA. The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the...
U.S. Foreign-Trade Zones: Trade Agreement Parity (TAP) Proposal
This report provides an introduction to U.S. Foreign Trade Zones (FTZ). The report discusses the details of the Trade Agreement Parity (TAP) proposal, the potential winners and losers under the TAP proposal, economic studies on the TAP proposal, and policy analysis on the TAP proposal.
FY2010 Appropriations: District of Columbia
On May 7, 2009, the Obama Administration released its detailed budget requests for FY2010, which included $739.1 million in special federal payments to the District of Columbia. Approximately three-quarters—$544.1 million—of the President’s proposed budget request for the District would be used to support the courts and criminal justice system. The President also requested $109.5 million in support of college tuition assistance and elementary and secondary education initiatives.
On May 12, 2009, the District of Columbia Council passed the city’s FY2010 operating budget. The bill, which was...
Obscenity, Child Pornography, and Indecency: Brief Background and Recent Developments
The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech, or of the press.” The First Amendment applies to pornography, in general. Pornography, here, is used to refer to any words or pictures of a sexual nature. There are two types of pornography to which the First Amendment does not apply, however. They are obscenity and child pornography. Because these are not protected by the First Amendment, they may be, and have been, made illegal. Pornography and “indecent” material that are protected by the First Amendment may nevertheless be restricted in...
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture. Unlike many other international agreements and declarations prohibiting torture, CAT provides a general definition of the term. CAT generally defines torture as the infliction of severe physical and/or mental suffering committed under the color of law. CAT allows for no circumstances or emergencies where torture could be permitted.
The United...
Commerce, Justice, Science, and Related Agencies: FY2010 Appropriations
This report provides an overview of actions taken by Congress to provide FY2010 appropriations for Commerce, Justice, Science, and Related Agencies (CJS). This report uses the House report to accompany H.R. 2847 (H.Rept. 111-149) and the text of the Supplemental Appropriations Act, 2009 (P.L. 111-32), as the source for the FY2009-enacted and the FY2010-requested amounts, and it uses the Senate report to accompany H.R. 2847 (S.Rept. 111-34) as the source for the amounts in the House-passed bill. The Senate-passed version of H.R. 2847 is used as the source for the Senate-passed amounts. The...
The Farm Price-Cost Squeeze and U.S. Farm Policy
When farm commodity prices fall and costs of production rise, farmers can get caught in a “farm price-cost squeeze.” The potential for such a financial bind dates to the first half of the 20th century when farmers began purchasing more of their farm inputs such as fertilizers, improved seeds, and feed concentrates. Since the 1930s, U.S. agriculture has been supported through the ups and downs of the market by federal farm policy, most recently set under the 2008 farm bill.
In 2009, some farmers found themselves in difficult financial circumstances, following high farm prices and relatively...
Constitutional Limits on Hate Crime Legislation
Federal and state legislators recognize the special concerns and effects of hate crimes. Although there is some federal legislation in place, many states have enacted some form of ethnic intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate crimes. Several United States Supreme Court cases provide the framework in which states must legislate to ensure the constitutionality of hate crime legislation. After these landmark cases, the real questions for states involve identifying permissible ways to curtail hate crimes without infringing on any...
Displacing Coal with Generation from Existing Natural Gas-Fired Power Plants
Reducing carbon dioxide emissions from coal plants is a focus of many proposals for cutting greenhouse gas emissions. One option is to replace some coal power with natural gas generation, a relatively low carbon source of electricity, by increasing the power output from currently underutilized natural gas plants.
This report provides an overview of the issues involved in displacing coal-fired generation with electricity from existing natural gas plants. This is a complex subject and the report does not seek to provide definitive answers. The report aims to highlight the key issues that...
Race Discrimination and the Supreme Court: A Legal Analysis of Ricci v. DeStefano
This report discusses Ricci v. DeStefano, a recent Supreme Court case involving allegations of reverse discrimination by a group of white firefighters who challenged city officials in New Haven, Connecticut, over their refusal to certify a promotional test on which black and Hispanic firefighters had performed poorly relative to white firefighters. In a 5-4 vote, the Court held that the city’s actions violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. The case has drawn...
Affirmative Action in Employment: A Legal Overview
This report discusses current constitutional and statutory requirements related to affirmative action in employment. Seeds of the legal controversy regarding affirmative action may be traced to the early 1960s as the Supreme Court grappled with the seemingly intractable problem of racial segregation in the nation’s public schools. Judicial rulings from this period recognized an “affirmative duty,” cast upon local school boards by the Equal Protection Clause of the U.S. Constitution, to desegregate formerly “dual school” systems and to eliminate “root and branch” the last “vestiges” of...
CRS Issue Statement on Military Construction and Veterans Affairs Appropriations
The closing, reduction in scope, or expansion of military installations on domestic soil and overseas, the privatization of government-built military housing, the provision of benefits and medical care to eligible veterans, and the redeployment of military units to the United States from overseas garrisons have drawn congressional attention in recent sessions. The funds to support all of these activities are provided by the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act debated annually in both chambers.
Older Displaced Workers in the Context of an Aging and Slowly Growing Population
The United States is projected to experience two major demographic changes that could greatly affect labor markets in the future. The demographic changes are the aging of the U.S. population and the slowdown in population growth. Both are expected to raise the total dependency ratio (the number of younger and older persons relative to the economically productive population). The possibility of a rising ratio has led to concern about the nation’s ability to maintain the current standard of living. One way to lessen the dependency ratio’s expected increase is for people to spend more years...
NATO Enlargement: Senate Advice and Consent
On July 21, 1949, the Senate gave its advice and consent to ratification of the North Atlantic Treaty. That treaty bound twelve states—the United States, Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, and Great Britain—in a pact of mutual defense and created the North Atlantic Treaty Organization (NATO). NATO now has a membership of 28 states. This enlargement has occurred gradually—Greece and Turkey joined in 1952; the Federal Republic of Germany in 1955; Spain in 1982; Poland, Hungary, and the Czech Republic in 1998; Bulgaria, Estonia,...
Senate Committee Rules in the 111th Congress: A Comparison of Key Provisions
Senate Rule XXVI spells out specific requirements for Senate committee procedures. In addition, each Senate committee is required to adopt rules that govern its organization and operation. Those committee rules then elaborate, within Senate rules, how the committee will handle its business. Rules adopted by a committee may “not be inconsistent with the Rules of the Senate” (Senate Rule XXVI, paragraph 2). Committees may add to the basic rules, but they may not add anything that is in conflict with Senate rules.
This report first provides a brief overview of Senate rules as they pertain to...
One clear lesson of the 2008 recession, which brought Goliaths such as Bear Sterns, CitiGroup, AIG, and Washington Mutual to their knees, is that no financial institution, regardless of its size, complexity, or diversification, is invincible. Congress, as a result, is left with the question of how best to handle the failure of systemically significant financial companies (SSFCs). In the United States, the insolvencies of depository institutions (i.e., banks and thrifts with deposits insured by the Federal Deposit Insurance Corporation (FDIC)) are not handled according to the procedures of...
The Design and Implementation of Patent Revocation Proceedings: Innovation Issues
Congressional recognition of the role patents play in promoting innovation and economic growth has resulted in the introduction of legislation proposing changes to the patent system. Among other goals, these changes would potentially decrease the cost of resolving disputes concerning patents, increase commercial certainty regarding the validity of particular patents, address potential abuses committed by speculators, and account for the particular needs of individual inventors, universities, and small firms with respect to the patent system.
In pursuit of these goals, several bills...
Job Creation Programs of the Great Depression: The WPA and the CCC
In light of the continuing severe impact on the labor force of the recession that began in December 2007, some members of the public policy community have expressed interest in job creation programs that were enacted to help unemployed workers weather the Great Depression. This report first describes the social policy environment in which the 1930s job creation programs were developed and examines the reasons for their shortcomings then and as models for current-day countercyclical employment measures. It next provides a brief overview of the two job creation programs of the Depression...
Legislative Branch: FY2010 Appropriations
Approximately $5.0 billion was requested for legislative branch operations in FY2010, an increase of 14.5% over the FY2009 enacted level. The Subcommittees on the Legislative Branch of the House and Senate Appropriations Committees held hearings during which Members considered the legislative branch requests.
On September 23, 2009, the House ordered the previous question (Roll No. 733, 240-171) and agreed by voice vote to a conference with the Senate on H.R. 2918, the FY2010 Legislative Branch Appropriations bill. A motion to instruct conferees failed (Roll No. 734, 191-213), and the House...
Iran: Regional Perspectives and U.S. Policy
As the Administration and Congress move forward to pursue engagement, harsher sanctions, or both, regional actors are evaluating their policies and priorities with respect to Iran. Iran’s neighbors share many U.S. concerns, but often evaluate them differently than the United States when calculating their own relationship with or policy toward Iran. Because Iran and other regional concerns—the Arab-Israeli peace process, stability in Lebanon and Iraq, terrorism, and the ongoing war in Afghanistan—have become increasingly intertwined, understanding the policies and perspectives of Iran’s...
CRS Issue Statement on Veterans' Benefits
Operation Enduring Freedom and Operation Iraqi Freedom are the largest sustained ground combat missions undertaken by the United States since the Vietnam War. Over 1.7 million service members have been deployed to these two theaters of operation. Since FY2002, more than 1.0 million veterans have left active duty making them potentially eligible for benefits and services provided by the Department of Veterans Affairs. The Obama Administration has begun the process of drawing down forces from Iraq and surging the number of combat forces in Afghanistan. These factors will have a continued...
Public Transportation Providers’ Obligations Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., is a broad non-discrimination statute that includes a prohibition of discrimination in public transportation. To prevent such discrimination, the ADA imposes several affirmative obligations on transportation providers, including a requirement that providers offer separate “paratransit” service, or accessible origin-to-destination service, for eligible individuals with disabilities. Under the statute, the level of such service must be “comparable” to the level of service offered on fixed route systems to individuals...
Proposed Import Restrictions on Milk Protein Concentrates (MPCs)
Low farm milk prices and declining dairy sector income in 2009 renewed congressional interest in imposing new import barriers on milk protein concentrates (MPCs), which generally include casein, the main protein found in milk, and caseinates, a soluble form of casein. To limit U.S. imports of MPCs, the Milk Import Tariff Equity Act was introduced in the Senate (S. 1542) on July 30, 2009, and in the House (H.R. 3674) on September 29, 2009. Advocates of stricter import controls on MPCs say they would prevent the unlimited importation of milk protein, which would encourage the use of...
Federal Law on Parking Privileges for Persons with Disabilities
State law generally governs parking privileges for people with disabilities. However, federal regulations offer a uniform system of parking privileges, which includes model definitions and rules regarding license plates and placards, parking and parking space design, and interstate reciprocity. The federal government encourages states to adopt this uniform system. As a result, most states have incorporated at least some aspects of the uniform regulations into their handicapped parking laws. This report describes the federal role in parking privileges law, outlines the uniform system’s...
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals who come permanently to the United States as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. Notably, any alien who engages in terrorist activity, or is a representative or member of a designated foreign terrorist organization, is generally inadmissible. After the September 11, 2001, terrorist attacks, the INA was broadened to deny entry to representatives of groups that endorse terrorism, prominent individuals who endorse...
Federal Research and Development Funding: FY2010
In his FY2010 budget request, President Obama sought $147.620 billion for R&D, a $555 million (0.4%) increase from the estimated FY2009 R&D funding level of $147.065 billion (not including FY2009 R&D funding provided under the American Recovery and Reinvestment Act (P.L. 111-5). According to the Obama Administration, preliminary allocations of R&D funding provided under P.L. 111-5 brought total FY2009 R&D funding to $165.400 billion. Unless otherwise noted in this report, comparisons of FY2009 and FY2010 R&D funding do not incorporate funding provided under P.L. 111-5. To the extent...
In a splintered, complex decision, the U.S. Supreme Court in League of United Latin American Citizens (LULAC) v. Perry largely upheld a Texas congressional redistricting plan that was drawn mid-decade against claims of unconstitutional partisan gerrymandering. The Court invalidated one Texas congressional district, District 23, finding that it diluted the voting power of Latinos in violation of Section 2 of the Voting Rights Act. While not ruling out the possibility of a claim of partisan gerrymandering being within the scope of judicial review, a majority of the Court in this case was...
Managing Coal Combustion Waste (CCW): Issues with Disposal and Use
In 2008, coal-fired power plants accounted for almost half of the United States’ electric power, resulting in as much as 136 millions tons of coal combustion waste (CCW). On December 22, 2008, national attention was turned to issues regarding the waste when a breach in an impoundment pond at the Tennessee Valley Authority’s (TVA’s) Kingston, TN, plant released 1.1 billion gallons of coal ash slurry. The estimated cleanup cost will likely reach $1.2 billion.
The characteristics of CCW vary, but it generally contains a range of heavy metals such as arsenic, beryllium, chromium, lead, and...
Potential Farm Sector Effects of 2009 H1N1 “Swine Flu”: Questions and Answers
In March 2009, a number of cases of an influenza-like illness and severe respiratory infections in humans were reported in parts of Mexico. These cases were later confirmed to be a strain of influenza A(H1N1), commonly referred to as “swine flu” and later called 2009 H1N1. By the end of April 2009, confirmed human cases of 2009 H1N1 infection were reported throughout Mexico, in parts of the United States, and in several countries worldwide.
Reports of the outbreak—coupled with the use of the initial moniker “swine flu”—initially caused a downturn in domestic and international pork...
Korea-U.S. Relations: Issues for Congress
The United States has had a military alliance with South Korea (R.O.K.) and important interests in the Korean peninsula since the Korean War of 1950-1953. Many U.S. interests relate to communist North Korea. Since the early 1990s, the issue of North Korea’s development of nuclear weapons has been the dominant U.S. policy concern. Experts in and out of the U.S. government believe that North Korea has produced plutonium for at least six atomic bombs. North Korea tested nuclear devices in October 2006 and May 2009. In 2007, a six party negotiation (among the United States, North Korea, China,...
Climate Change: Design Approaches for a Greenhouse Gas Reduction Program
Three events provide impetus for revisiting the cost issue with respect to designing a greenhouse gas reduction program. The first is the election of a new President publicly committed to substantial reductions in greenhouse gases over the next several decades. The second was passage of H.R. 2454 by the House that would mandate a 83% reduction in the country’s greenhouse gas emissions from 2005 by 2050. The reduction would be primarily achieved through a market-based, cap-and-trade program, beginning in 2012. The third is the Copenhagen Accord that may begin the process of incorporating...
Cybersecurity: Current Legislation, Executive Branch Initiatives, and Options for Congress
Increasing focus on current cyber threats to federal information technology systems, nonfederal critical information infrastructure, and other nonfederal systems has led to numerous legislative cybersecurity proposals and executive branch initiatives. The proposed National Defense Authorization Act for Fiscal Year 2010 (NDAA FY2010) and the Intelligence Authorization Act for Fiscal Year 2010 (IIA FY2010) both contain provisions that would affect programs and funding for current and future cybersecurity-related programs. In May 2009, the Obama Administration issued its 60-day review of...
International Social Security Agreements
International Social Security agreements are bilateral agreements primarily intended to eliminate dual Social Security taxation based on the same work and provide benefit protection for workers who divide their careers between the United States and a foreign country. Most jobs in the United States are covered by Social Security. In addition, the Social Security Act extends Social Security coverage to U.S. citizens and resident aliens who are employed abroad by U.S. companies as well as those who are self-employed in a foreign country. Generally, a U.S. worker abroad and his or her employer...
Automatic Cost of Living Adjustments: Some Economic and Practical Considerations
This report looks at how automatic cost-of-living adjustments (COLAs) influence the budget and identifies major programs that have indexing provisions. It also explains what price indexes attempt to measure and discusses some of their weaknesses. Finally, it points out some practical things to keep in mind when establishing an indexing provision.
The Individuals with Disabilities Education Act (IDEA): Supreme Court Decisions
The Individuals with Disabilities Education Act (IDEA) is both a grants statute and a civil rights statute. It provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an education for...
CRS Issue Statement on Animal Welfare
This report discusses the questions whether additional measures are needed to protect the health and well-being of animals.
Israel and the Palestinians: Prospects for a Two-State Solution
Following leadership changes in the United States and Israel in early 2009 and the Israel-Hamas Gaza conflict in December 2008-January 2009, the inconclusive final-status peace negotiations that took place between Israel and the Palestine Liberation Organization (PLO) during the final year of the Bush Administration have not resumed. Nevertheless, President Barack Obama showed his commitment to a negotiated “two-state solution” just days after his January 2009 inauguration by appointing former Senator George Mitchell as his Special Envoy for Middle East Peace. In September 2009, Obama...
U.S. Security Assistance to the Palestinian Authority
Since shortly after the establishment of limited Palestinian self-rule in the West Bank and Gaza Strip in the mid-1990s, the United States has periodically provided assistance to the Palestinian Authority (PA) for civil security and counterterrorism purposes. Following the death of Yasser Arafat in late 2004 and the election of Mahmoud Abbas as his successor as PA President in early 2005, then-U.S. Secretary of State Condoleezza Rice created the office of U.S. Security Coordinator (USSC) for Israel and the Palestinian Authority to help reform, train, and equip PA security forces which had...
U.S. Motor Vehicle Industry Restructuring and Dealership Terminations
As Chrysler and General Motors (GM) moved toward and into bankruptcy, they received permission from the U.S. Bankruptcy Court to terminate about 2,000 contracts with auto dealers. Many of the dealers want their contracts reinstated and have sought relief from Congress. This report examines the changed economic landscape facing the auto sector, automaker arguments in favor of dealer reductions, and dealer counterpoints. It also highlights recent legislation introduced to address dealers’ concerns.
Chrysler and GM have emerged from bankruptcy as significantly smaller companies, reflecting...
Voting 5-4, the U.S. Supreme Court in the 2007 decision FEC v. Wisconsin Right to Life, Inc. (WRTL II) held that a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), prohibiting corporate or labor union treasury funds from being spent on advertisements broadcast within 30 days of a primary or 60 days of a general election, was unconstitutional as applied to ads that Wisconsin Right to Life, Inc. sought to run. While not expressly overruling its 2003 ruling in McConnell v. FEC, which upheld the BCRA provision against a First Amendment facial challenge, the Court limited the...
Private Security Contractors in Iraq and Afghanistan: Legal Issues
U.S. departments and agencies contributing to combat or stability operations overseas are relying on private firms to perform a wider scope of security services than was previously the case. The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate in the press, in Congress, and in the international community. While PSCs are widely viewed as being vital to U.S. efforts in the region, many Members are concerned about transparency, accountability, and legal and symbolic issues raised by the use of armed civilians to...
Honey Bee Colony Collapse Disorder
Starting in late 2006, commercial migratory beekeepers along the East Coast of the United States began reporting sharp declines in their honey bee colonies. Because of the severity and unusual circumstances of these colony declines, scientists named this phenomenon colony collapse disorder (CCD). Reports indicate that beekeepers in most states have been affected. Overall, the number of managed honey bee colonies dropped an estimated 35.8% and 31.8% in the winters of 2007/2008 and 2006/2007, respectively. Preliminary loss estimates for the 2008/2009 winter are reported at 28.6%. To date,...
Using the World Resources Institute (WRI) database on greenhouse gas emissions and related data, this report examines two issues. The first issue is the separate treatment of developed and developing nations under the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Copenhagen Accord. This distinction has been a pivotal issue affecting U.S. climate change policy. The second issue is the difficulty of addressing climate change through limiting greenhouse gas emissions to a specified percentage of baseline emissions (typically 1990). The data permit...
Redirecting Troubled Asset Relief Program (TARP) Funds to Other Uses
Following a boom and bust in real estate and a meltdown in financial markets, Congress enacted a program to purchase troubled assets from financial institutions in October 2008. The Troubled Asset Relief Program (TARP) was created by the Emergency Economic Stabilization Act (EESA, P.L. 110-343). Under TARP, the Secretary of the Treasury is authorized to purchase up to $700 billion of “troubled” assets, including any asset that the Secretary, in consultation with the Chairman of the Federal Reserve, believes the purchase of which will contribute to financial stability. The amount...
Amber Alert Program Technology
Amber Alerts (also referred to as AMBER plans) were created to disseminate information about child abductions in a timely manner. Research has found that most abducted children murdered by their kidnappers are killed within three hours of the abduction. Prompt response to child abductions is therefore deemed critical by many. Amber Alert plans are voluntary partnerships including law enforcement agencies, highway departments, and companies that support emergency alerts. Technologies used for alerts include the Emergency Alert System (EAS), highway message boards, telephone alert systems,...
Energy and Water Development: FY2010 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation, the Department of Energy (DOE), and a number of independent agencies.
Key budgetary issues for FY2010 involving these programs may include:
the distribution of Corps appropriations across the agency’s authorized planning, construction, and maintenance activities (Title I);
support of major ecosystem restoration initiatives, such as Florida Everglades (Title I) and California “Bay-Delta” (CALFED) and...
North Korea’s Nuclear Weapons Development and Diplomacy
Since August 2003, negotiations over North Korea’s nuclear weapons programs have involved six governments: the United States, North Korea, China, South Korea, Japan, and Russia. Since the talks began, North Korea has operated nuclear facilities at Yongbyon and apparently has produced weapons-grade plutonium estimated as sufficient for five to eight atomic weapons. North Korea tested a plutonium nuclear device in October 2006 and apparently a second device in May 2009. North Korea admitted in June 2009 that it has a program to enrich uranium; the United States had cited evidence of such a...
Interior, Environment, and Related Agencies: FY2010 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for agencies within other departmentsincluding the Forest Service within the Department of Agriculture and the Indian Health Service (IHS) within the Department of Health and Human Services. It also includes funding for arts and cultural agencies, the Environmental Protection Agency, and numerous other entities.
The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (P.L. 111-88),...
Using Army Corps of Engineers Reservoirs for Municipal and Industrial Water Supply: Current Issues
Congress has limited the use of Army Corps of Engineers dams and reservoirs for municipal and industrial (M&I) water supply. Growing M&I demands have raised interest in—and concern about—changing current law and reservoir operations to give Corps facilities a greater role in M&I water storage. A reallocation of storage to M&I use from a currently authorized purpose (e.g., hydropower or navigation) changes the types of benefits produced by a facility and the stakeholders served.
While Congress has specifically authorized 91 Corps multi-purpose facilities for M&I supply, it also has...
Laos: Background and U.S. Relations
The United States and the Lao People’s Democratic Republic (LPDR) cooperate in important areas despite ideological differences and U.S. concerns about alleged human rights abuses against the ethnic Hmong minority. The U.S. government has gradually upgraded its relations with the communist state, which has strong ties to Vietnam and growing economic linkages with China. Major areas of U.S. assistance and bilateral cooperation include de-mining and counter-narcotics programs, strengthening the country’s regulatory framework and trade capacity, HIV/AIDS prevention and treatment, the recovery...
Agriculture and Related Agencies: FY2010 Appropriations
The FY2010 Agriculture appropriations bill provides funding for all of the U.S. Department of Agriculture (USDA) except the Forest Service, plus the Food and Drug Administration (FDA) and the Commodity Futures Trading Commission (CFTC). Appropriations jurisdiction for the Commodity Futures Trading Commission (CFTC) is split between two subcommittees—the House Agriculture appropriations subcommittee and the Senate Financial Services appropriations subcommittee.
The FY2010 Agriculture appropriations bill (P.L. 111-80) was enacted on October 21, 2009. This is the first time that the bill was...
Uruguay: Political and Economic Conditions and U.S. Relations
On November 29, 2009, Senator José “Pepe” Mujica of the ruling center-left Broad Front coalition was elected president of Uruguay, a relatively economically developed and politically stable South American country of 3.5 million people. Mujica, a former leader of the leftist Tupamaro urban guerilla movement that fought against the Uruguayan government in the 1960s and 1970s, defeated former President Luis Alberto Lacalle (1990-1995) of the center-right National Party in the country’s sixth consecutive democratic election since its 12-year dictatorship ended in 1985. Mujica was forced to...
Transatlantic Regulatory Cooperation: A Possible Role for Congress
The United States and the European Union (EU) share a comprehensive, dynamic, and mutually beneficial economic relationship. Transatlantic markets are among the most open in the world and are deeply integrated. Although the global economic crisis has had a significant negative impact on the transatlantic economy, the great stake each side has had in the other’s economy has afforded both sides the ability to withstand the worst of each other’s current economic downturn. The key measure of the strength of the transatlantic relationship has been the ability of both sides to work with each...
Security Classification Policy and Procedure: E.O. 12958, as Amended
This report describes security classification policy and procedure, largely prescribed in a series of successive presidential executive orders issued over the past 50 years. This policy provides the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well.
The Federal Budget: Current and Upcoming Issues
The federal budget helps implement Congress’s “power of the purse” by expressing Congress’s spending priorities among competing aims. The Obama Administration’s FY2010 budget described several important changes, including increased funding for certain domestic priorities, major programmatic reforms, and proposed spending cuts in some programs. The current economic climate continues to pose major challenges to policymakers. Federal spending tied to means-tested social programs rose due to rising unemployment, while federal revenues are projected to fall as individuals’ incomes have dropped...
The Statutory PAYGO Process for Budget Enforcement: 1991-2002
“Pay-as-you-go” (PAYGO) procedures play an important role in enforcing budget policies with respect to the consideration of revenue and direct spending legislation. Generally, the purpose of PAYGO procedures is to discourage or prevent the enactment of legislation that would cause, or increase, a deficit or reduce a surplus in the federal budget. PAYGO procedures are not a comprehensive means of budget enforcement because they do not apply to discretionary spending, which is provided in annual appropriations acts; such spending is subject to other enforcement procedures. Further, PAYGO...
Terrorist Watchlist Checks and Air Passenger Prescreening
This report discusses the controversy continues to surround U.S. air passenger prescreening and terrorist watchlist checks. In the past, such controversy centered around diverted international flights and misidentified passengers. Recent incidents raise new policy issues regarding the interaction between these broader terrorist databases and systems and the "No-Fly" and selectee lists, as well as the relationship between passenger prescreening processes.
Congressional Review Act: Rules Not Submitted to GAO and Congress
This report discusses the Congressional Review Act (CRA; 5 U.S.C. §801-808), which was enacted to improve congressional authority over agency rulemaking, and requires federal agencies to submit all of their final rules to both houses of Congress and the Government Accountability Office (GAO) before they can take effect.
Iraq: Post-Saddam Governance and Security
The Obama Administration is facing a security environment in Iraq vastly improved over that which prevailed during 2005-2007, although rifts in Iraqi society are still not reconciled, providing the potential for the security situation to deteriorate significantly. The overall frequency of violence is down to post-Saddam low levels, yet, since May 2009, insurgents have increased high profile attacks designed to shake public confidence in the Iraqi government and security forces. These attacks did not derail the June 30, 2009, U.S. withdrawal of combat troops from major cities and have not,...
Direct Assaults Against Presidents, Presidents-Elect, and Candidates
Direct assaults against Presidents, Presidents-elect, and candidates have occurred on 15 separate occasions, with five resulting in death. Ten incumbents (about 23% of the 43 individuals to serve in the office), including four of the seven most recent Presidents, have been victims or targets. Four of the 10 (and one candidate) died as a result of the attacks. This report identifies these incidents and provides information about what happened, when, where, and, if known, why. The report will be updated and revised if developments require.
The Effects on U.S. Farm Workers of an Agricultural Guest Worker Program
Guest worker programs are meant to assure employers (e.g., fruit, vegetable, and horticultural specialty growers) of an adequate supply of labor when and where it is needed while not adding permanent residents to the U.S. population. They include mechanisms such as the H-2A program’s labor certification process to avoid adversely affecting the wages and working conditions of comparable U.S. workers. If changes to the H-2A program or creation of a new agricultural guest worker program led growers to employ many more aliens, the effects of the Bracero program might be instructive: although...
The Strategic Petroleum Reserve: History, Perspectives, and Issues
Congress authorized the Strategic Petroleum Reserve (SPR) in the Energy Policy and Conservation Act (EPCA, P.L. 94-163) to help prevent a repetition of the economic dislocation caused by the 1973-1974 Arab oil embargo. The program is managed by the Department of Energy (DOE). The capacity of the SPR is 727 million barrels, and by the end of 2009, was virtually filled to its capacity at 726 million barrels of crude oil. In addition, a Northeast Heating Oil Reserve (NHOR) holds 2 million barrels of heating oil in above-ground storage.
The SPR comprises five underground storage facilities,...
Air Pollution and Greenhouse Gas Emissions from Ships
This report provides information regarding pollution from ships and port facilities; discusses some of the measures being implemented and considered by local, state, and federal regulatory agencies; discusses the efforts to strengthen Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL); and describes legislation in Congress to control emissions from ships, as well as efforts in Congress to address the applicability of proposed EPA regulations to ships on the Great Lakes.
As pollution from cars, trucks, and land-based stationary sources has been more...
The U.S. housing market began to slow in early 2006 and has led to what many economists believe is the worst housing finance environment since the Great Depression of the 1930s. As a result, there has been a significant rise in late mortgage payments, foreclosures, and bankruptcies nationwide. High unemployment has exacerbated these problems.
Mortgage market participants may voluntarily agree to adjust mortgage terms in order to help troubled borrowers continue to stay in their homes. However, there are a number of obstacles that may discourage mortgage servicers and creditors from...
Agriculture and Forestry Provisions in Climate Legislation in the 111th Congress
In June 2009, the House passed H.R. 2454, the American Clean Energy and Security Act of 2009. In September 2009, Senator Kerry introduced S. 1733, the Clean Energy Jobs and American Power Act, which was referred to the Senate Committee on Environment and Public Works. The committee completed markup of the bill on November 5, 2009, by approving Senator Boxer’s “Manager’s Amendment” as a substitute, and ordered S. 1733 reported. Both the House and Senate bills would establish a cap-and-trade system to regulate greenhouse gas (GHG) emissions, as well as address energy efficiency, renewable...
Defense: FY2010 Authorization and Appropriations
For the Department of Defense (DOD) in FY2010, the Administration requested a total of $663.8 billion in discretionary budget authority. This includes $533.8 billion for the so-called “base budget”—all DOD activities other than combat operations—and $130.0 billion for “overseas contingency operations,” including operations in Iraq and Afghanistan. The Administration also requested $75.9 billion in supplemental DOD appropriations for FY2009 to cover war costs. The Administration’s DOD request, made public May 7, 2009, incorporated Defense Secretary Robert Gates’s April 6 recommendations to...
Air Force Next-Generation Bomber: Background and Issues for Congress
As part of its proposed FY2010 defense budget, the Administration proposed deferring the start of a program to develop a next-generation bomber (NGB) for the Air Force, pending the completion of the 2010 Quadrennial Defense Review (QDR) and associated Nuclear Posture Review (NPR), and in light of strategic arms control negotiations with Russia. The Administration’s proposed FY2010 budget requested no funding specifically identified in public budget documents as being for an NGB program. Prior to the submission of the FY2010 budget, the Air Force was conducting research and development work...
Legal Services Corporation: Restrictions on Activities
The Legal Services Corporation (LSC) is a private, nonprofit, federally funded corporation that helps provide legal assistance to low-income people in civil (i.e., non-criminal) matters. The primary responsibility of the LSC is to manage and oversee the congressionally appropriated federal funds that it distributes in the form of grants to local legal services providers, which in turn give legal assistance to low-income clients. The LSC appropriation for FY2009 is $390 million. Since its inception, the legal services program has been controversial. Congress, through the LSC Act and various...
Deforestation releases substantial amounts of carbon dioxide, about 17% of all anthropogenic greenhouse gas (GHG) emissions. Legislation has been proposed for U.S. targets to reduce GHG emissions. The two primary bills, H.R. 2454 and S. 1733, include provisions that would reduce emissions from deforestation and forest degradation; these activities are referred to as REDD. Both bills would use allowances to build capacity in developing countries and supplement U.S. emissions reductions; both would allow offsets for U.S. industries; and both contain a reserve to stabilize carbon prices.
The...
VH-71/VXX Presidential Helicopter Program: Background and Issues for Congress
The VH-71 program is intended to provide 23 new presidential helicopters to replace the current fleet of 19 aging presidential helicopters. As part of its proposed FY2010 Department of Defense (DOD) budget, the Administration proposed terminating the VH-71 program in response to substantial cost growth and schedule delays in the program. As a successor to the VH-71 program, the Administration proposed beginning a new presidential helicopter program in FY2010 called the VXX Presidential Helicopter Program.
The Administration’s proposed FY2010 budget requested $85.2 million in Navy research...
U.S. Public Diplomacy: Background and Current Issues
This report provides background on U.S. public diplomacy, and discusses the United States information agency, current structure of public diplomacy within the Department of State, and the public diplomacy budget.
U.S. Public Diplomacy: Background and Current Issues
Public diplomacy is defined in different ways, but broadly it is a term used to describe a government’s efforts to conduct foreign policy and promote national interests through direct outreach and communication with the population of a foreign country. Public diplomacy activities include providing information to foreign publics through broadcast and Internet media and at libraries and other outreach facilities in foreign countries; conducting cultural diplomacy, such as art exhibits and music performances; and administering international educational and professional exchange programs. The...
Pay-for-Performance: Lessons from the National Security Personnel System
Most federal employees (59.8%) are paid on the General Schedule, a pay scale that consists of 15 pay grades in which an employee’s pay increases are to be based on performance and length of service. Some Members of Congress, citizens, and public administration scholars have argued that federal employee pay advancement should be more closely linked to job performance. With explicit congressional authorization enacted in 2003, the Department of Defense (DOD) created the National Security Personnel System (NSPS) as a unique pay scale attempting to more closely link employee pay to job...
Overdraft/Bounced-Check Protection
Overdraft protection programs are an optional service offered by financial institutions to consumers. These programs are often referred to as “bounced-check protection” or “courtesy overdraft protection” to distinguish them from the more traditional overdraft lines of credit. Participating institutions cover checks drawn on accounts with insufficient funds and charge a fee. Financial institution representatives state that these programs offer a beneficial service to their customers by covering checks that would otherwise be returned unpaid. Consumer advocates argue that these programs are...
The Greek city-state of Athens is believed to have developed the first known democracy around 500 B.C. Modern Greece has been a democracy since the toppling of a military junta in 1974. Since then, the New Democracy (ND) party and the PanHellenic Socialist Movement (PASOK) have alternated leadership of the government. ND ruled from March 2004 until October 4, 2009, when PASOK won national elections and a clear majority of the seats in parliament. PASOK’s victory has been attributed to anti-ND public sentiment caused by the economic recession, corruption scandals, and law-and-order issues....
Provisions Supporting Ecosystem Services Markets in U.S. Farm Bill Legislation
Environmental goods and services are the benefits society obtains from the environment and ecosystems, both natural and managed, such as water filtration, flood control, provision of habitat, carbon storage, and many others. Farmers’ participation in providing these types of goods and services began in earnest in the 1990s with the development of watershed approaches incorporating nutrient credit trading and wetlands mitigation banking, and continued with the more recent development of voluntary carbon credit markets. These efforts have triggered further interest in the possibility of...
Legal Consequences of EPA’s Endangerment Finding for New Motor Vehicle Greenhouse Gas Emissions
On December 15, 2009, the Environmental Protection Agency (EPA) took its most important action to date related to climate change. EPA published its final determination that the combined greenhouse gas (GHG) emissions from new motor vehicles in the United States contribute to an “endangerment” from climate change. More precisely, EPA found that such emissions, in the words of Clean Air Act (CAA) section 202(a), “cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.” Under section 202(a), this finding requires that EPA promulgate...
Would an Influenza Pandemic Qualify as a Major Disaster Under the Stafford Act?
This report provides a legal analysis of the eligibility of an influenza pandemic to be declared by the President as a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Proposals for a Commission to Address the Federal Government’s Long-Term Fiscal Situation
In the 111th Congress, Members have introduced several proposals to establish a commission that would make potentially far-reaching recommendations on how to address the federal government’s long-term fiscal situation. Generally speaking, the measures would include Members of Congress as some or most of a commission’s membership, provide for a majority of commission members to be appointed by congressional leaders, have varying degrees of partisan balance in membership, and require supermajority votes of commission members to approve recommendations. Each of the bills also would provide...
Liquefied Natural Gas (LNG) Import Terminals: Siting, Safety, and Regulation
Liquefied natural gas (LNG) is a hazardous fuel shipped in large tankers to U.S. ports from overseas. While LNG has historically made up a small part of U.S. natural gas supplies, rising price volatility, and the possibility of domestic shortages have significantly increased LNG demand. To meet this demand, energy companies have proposed new LNG import terminals throughout the coastal United States. Many of these terminals would be built onshore near populated areas.
The Federal Energy Regulatory Commission (FERC) grants federal approval for the siting of new onshore LNG facilities under...
Homeland Security Department: FY2010 Appropriations
This report describes the FY2010 appropriations for the Department of Homeland Security (DHS). The Administration requested a net appropriation of $44.1 billion in budget authority for FY2010. This amounts to a $2.8 billion, or a 6.7% increase over the $41.2 billion enacted for FY2009 (not including supplemental funding). Total budget authority requested by the Administration for DHS for FY2010 amounts to $55.1 billion.
Net requested appropriations for major agencies within DHS were as follows: Customs and Border Protection (CBP), $10,049 million; Immigration and Customs Enforcement...
The National Bio- and Agro-Defense Facility: Issues for Congress
The agricultural and food infrastructure of the United States may be susceptible to terrorist attack using biological pathogens. In addition to the economic effects of such an attack, some animal pathogens could cause illness in humans. Diseases that can spread from animals to people are known as zoonotic diseases. Scientific and medical research on plant and animal diseases may lead to the discovery and development of new diagnostics and countermeasures, reducing the risk and effects of a successful terrorist attack.
To safeguard the United States against the introduction of non-native...
Climate Change: Potential Regulation of Stationary Greenhouse Gas Sources Under the Clean Air Act
Although new legislation to address greenhouse gases is a leading priority of the President and many members of Congress, the ability to limit these emissions already exists under Clean Air Act authorities that Congress has enacted – a point underlined by the Supreme Court in an April 2007 decision, Massachusetts v. EPA. In response to the Supreme Court decision, EPA has begun the process of using this existing authority, issuing an “endangerment finding” for greenhouse gases (GHGs) December 7, 2009, and proposing GHG regulations for new motor vehicles in the September 28, 2009 Federal...
Status of the Copenhagen Climate Change Negotiations
The United States and almost 200 other countries are negotiating under the United Nations Framework Convention on Climate Change (UNFCCC) to address climate change cooperatively beyond the year 2012. Parties agreed to complete the negotiations by the 15th meeting of the Conference of the Parties (COP-15) from December 7-18, 2009, in Copenhagen. However, some nations’ leaders have indicated that the Copenhagen outcome is likely to be a political agreement providing a mandate for a later legally binding, comprehensive agreement.
The negotiations are intended to decide the next steps toward...
Economic Stimulus: Issues and Policy
This report discusses the passing of the American Recovery and Reinvestment Act of 2009, which included tax cut and spending provisions totaling at a cost of $787 billion in an attempt to mitigate the economic fallout of the housing and financial crises on the general economy. The report examines issues surrounding fiscal stimulus such as timeliness, the magnitude of stimulus, long-term effects and previously adopted policies.
Merger Review Authority of the Federal Communications Commission
With the proposed merger between Comcast and NBC/Universal announced recently, Congress has expressed an interest in the process of merger reviews at the Federal Communications Commission (FCC or Commission). This report will explain the merger review process at the FCC, as well as highlight some of the difference between the FCC’s process and the more traditional antitrust merger review conducted by agencies such as the Department of Justice (DOJ) or the Federal Trade Commission (FTC).
Whenever companies holding licenses issued by the FCC wish to merge, the merging entities must obtain...
Green Jobs, Education, and Workforce Training in S. 1733 and H.R. 2454
This report summarizes and compares provisions for green jobs training and worker adaptation assistance for climate change mitigation impacts in two recent bills: H.R. 2454, the American Clean Energy and Security Act of 2009 (also known as the Waxman-Markey bill), and S. 1733, the Clean Energy Jobs and American Power Act of 2009 (also known as the Kerry-Boxer bill). Under a two-part subtitle for “Green Jobs & Worker Transition” (Title IV Subtitle B of H.R. 2454, and Title III, Subtitle A of S. 1733), essentially identical provisions are focused (in Part I) on the development of programs to...
High Speed Rail (HSR) in the United States
This report provides an overview of high speed rail in the United States. It discusses definitions of high speed rail, looks at high speed rail in selected other countries, and describes congressional initiatives to promote HSR, including provisions in the Passenger Rail Investment and Improvement Act of 2008 (P.L. 110-432) and ARRA. The report then surveys rationales for developing HSR, cost estimates for HSR, and some of the challenges expected in implementing HSR.
NATO in Afghanistan: A Test of the Transatlantic Alliance
The mission of the North Atlantic Treaty Organization (NATO) in Afghanistan is seen by many as a test of the alliance’s political will and military capabilities. Since the Washington Summit in 1999, the allies have sought to create a “new” NATO, capable of operating beyond the European theater to combat emerging threats such as terrorism and the proliferation of weapons of mass destruction. Afghanistan is NATO’s first “out-of-area” mission beyond Europe. The purpose of the mission is the stabilization and reconstruction of Afghanistan. The mission has proven difficult, an...
U.S. Aerospace Manufacturing: Industry Overview and Prospects
Aircraft and automobile manufacturing are considered by many to be the technological backbones of the U.S. manufacturing base. As the Obama Administration and Congress debate how to strengthen American manufacturing, aerospace is likely to receive considerable attention. Like other manufacturing industries, the worldwide recession has affected aerospace manufacturing, with both the defense and commercial sides of the industry facing difficult business conditions for the near and medium term. This report primarily provides a snapshot of the U.S. commercial (non-defense, non-space) aerospace...
Executive Order 13514: Sustainability and Greenhouse Gas Emissions Reduction
On October 5, 2009, President Obama signed Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, to establish an integrated strategy towards sustainability in the federal government and to make reduction of greenhouse gas (GHG) emissions a priority for federal agencies. Executive Order 13514 (EO 13514) requires federal agencies to set GHG emissions reduction targets, increase energy efficiency, reduce fleet petroleum consumption 30% by 2020, conserve water, reduce waste, support sustainable communities, and leverage federal purchasing power to...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2001-2008
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 2001-2008, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2001-2004, 2005-2008, and 2008 alone. In addition, the report provides data tables listing the...
The Future Combat System (FCS) was a multiyear, multibillion dollar program at the heart of the Army’s transformation efforts. It was to be the Army’s major research, development, and acquisition program, consisting of 14 manned and unmanned systems tied together by an extensive communications and information network. FCS was intended to replace current systems such as the M-1 Abrams tank and the M-2 Bradley infantry fighting vehicle. The FCS program has been characterized by the Army and others as a high-risk venture because of the advanced technologies involved and the challenge of...
This report presents casualty data compiled by the Department of Defense (DOD) as tallied from the agency's press releases.
In recent years, the People’s Republic of China (PRC) has bolstered its diplomatic presence and garnered international goodwill in the developing world through financing infrastructure and natural resource development projects, assisting in the execution of such projects, and backing PRC state enterprises in many developing countries. This report examines China’s foreign assistance and government-supported, often-preferential investment ventures in three regions: Africa, Latin America (Western Hemisphere), and Southeast Asia. These activities often are collectively referred to as “economic...
Tactical Aircraft Modernization: Issues for Congress
Tactical aircraft are a major component of U.S. military capability, and account for a significant portion of U.S. defense spending. In early 2009, the Air Force, Navy, and Marine Corps collectively had an inventory of about 3,500 tactical aircraft. Current efforts for modernizing U.S. tactical aircraft center on three aircraft acquisition programs—the F-35 Joint Strike Fighter (JSF) program, the Air Force F-22 fighter program, and the Navy F/A-18E/F strike fighter program. For discussions of issues relating specifically to these three programs, see CRS Reports RL30563, RL31673, and...
The U.S. Global Food Security Initiative: Issues for Congress
The combination of food and economic crises has pushed the number of food-insecure or hungry people worldwide to historic levels—more than 1 billion people are undernourished, according to estimates by the United Nations (U.N.) Food and Agriculture Organization (FAO). In addition, the U.N. Secretary General reports that the proportion of hungry people in the world rose in 2008 as a result of global food and economic crises. The rise in the proportion of hungry people threatens achievement of the U.N.’s Millennium Development Goal (MDG) of reducing the proportion of hungry people in the...
The 111th Congress has devoted considerable effort to health reform that seeks to increase health insurance coverage for more Americans and help to control costs, while improving quality and patient outcomes. The Affordable Health Choices for America Act (H.R. 3962) was introduced in the House of Representatives on October 29, 2009. H.R. 3962 is based on H.R. 3200, America’s Affordable Health Choices Act of 2009, originally introduced on July 14, 2009, and reported separately on October 14, 2009, by three House Committees—Education and Labor, Energy and Commerce, and Ways and Means. H.R....
China-U.S. Relations: Current Issues and Implications for U.S. Policy
The bilateral relationship between the U.S. and the People’s Republic of China (PRC) is vitally important, touching on a wide range of areas including, among others, economic policy, security, foreign relations, and human rights. U.S. interests with China are bound together much more closely now than even a few years ago. These extensive inter-linkages have made it increasingly difficult for either government to take unilateral actions without inviting far-reaching, unintended consequences. The Administration of President Barack Obama has inherited from the George W. Bush Administration...
House and Senate Procedural Rules Concerning Earmark Disclosure
During 2007, both the House and Senate established new earmark transparency procedures for their separate chambers. They provide for public disclosure of approved earmarks and the identification of their congressional sponsors. In addition, they require disclosure of further information from each congressional sponsor, such as a certification that the sponsor has no financial interest in the earmark. Each House has also established procedures regarding new spending earmarks added to conference reports.
The House originally established its procedures through adoption of two House...
As Congress debates the justification for comprehensive health reform and considers various proposals, some states have taken the initiative by enacting reforms to address concerns about health insurance coverage and health care costs, among other issues. Massachusetts is one such state. While Massachusetts has a legislative history full of reforms to its health care system, its most ambitious effort to date was enactment and implementation of a comprehensive health reform law that sought to provide universal health insurance coverage and reduce health care costs at the same time.
In...
An Overview of the Nonprofit and Charitable Sector
A number of policy issues have direct or indirect consequences for the nonprofit and charitable sector, including the establishment of a social innovation initiative, changes in the tax treatment of charitable donations, responses to the economic downturn, and health care reform. The nonprofit and charitable sector represents a significant portion of the U.S. economy. The sector is also highly diverse. Having a greater understanding of the nonprofit and charitable sector as a whole may help policymakers evaluate proposals that may impact the sector.
The first section of this report...
The 2009 Influenza Pandemic: An Overview
On June 11, 2009, in response to the global spread of a new strain of H1N1 influenza (“flu”), the World Health Organization (WHO) declared the outbreak to be an influenza pandemic, the first since 1968. The novel “H1N1 swine flu” was first identified in California in late April. Since then, cases have been reported around the world.
When the outbreak began, U.S. officials adopted a response posture under the overall coordination of the Secretary of Homeland Security. Among other things, officials established a government-wide informational website (http://www.flu.gov), released antiviral...
Private Health Insurance Provisions of S. 1796, America’s Healthy Future Act of 2009
This report summarizes key provisions affecting private health insurance in S. 1796, America’s Healthy Future Act of 2009, as ordered reported by the Senate Committee on Finance on October 19, 2009.
Title I of the bill imposes new requirements on individuals, employers, and health plans; restructures the private health insurance market; sets minimum standards for health benefits; and provides financial assistance to certain individuals and, in some cases, small employers. Title VI of the bill include a number of new provisions to raise revenues to pay for health care reform. These...
Patent “Evergreening”: Issues in Innovation and Competition
“Patent evergreening” is a potentially perjorative term that generally refers to the strategy of obtaining multiple patents that cover different aspects of the same product, typically by obtaining patents on improved versions of existing products. Although the patent system allows improvement patents to be obtained in any industry, evergreening is said to be most common in the pharmaceutical industry.
Some observers believe that the availability of so-called continuation applications at the U.S. Patent and Trademark Office (USPTO) may promote evergreening practices. USPTO regulations that...
Net Operating Losses: Proposed Extension of Carryback Period
This report explains the current law regarding the tax treatment of net operating losses (NOLs). In addition, this report highlights a number of policy considerations relating to the extension of the NOL carryback period.
Federal Employees' Retirement System: Legislation Enacted in the 111th Congress
This report discusses legislation passed during the 111th Congress that affect retirement plans for federal employees, specifically the "Thrift Savings Plan Enhancement Act of 2009".
Comparison of Climate Change Adaptation Provisions in S. 1733 and H.R. 2454
This report summarizes and compares climate change adaptation-related provisions in the American Clean Energy and Security Act of 2009 (H.R. 2454) and the Clean Energy, Jobs, and Power Act (S. 1733). H.R. 2454 was introduced by Representatives Waxman and Markey and passed the House on June 26, 2009. S. 1733 was introduced to the Senate by Senators Boxer and Kerry and, after subsequent revisions made in the form of a manager’s substitution amendment, was reported out of the Senate Environment and Public Works Committee on November 5, 2009.
Adaptation measures aim to improve an individual’s...
FY2010 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing military operations in Iraq and Afghanistan, along with the emerging operational role of the Reserve Components, further heighten interest in a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) selected a number of the military personnel issues considered in deliberations on the House-passed and Senate passed-versions of the National Defense Authorization Act for FY2010 (P.L. 111-84). This report provides a brief synopsis of...
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. Improving access to care and controlling rising costs are seen to require changes to both the financing and delivery of health care. Experts point to a growing body of evidence of the health care system’s failure to consistently provide high-quality care to all Americans.
Several comprehensive bills have been introduced on the topic of health reform in the 111th...
Climate Change: The Role of the U.S. Agriculture Sector
The agriculture sector is a source of greenhouse gas (GHG) emissions, which many scientists agree are contributing to observed climate change. Agriculture is also a “sink” for sequestering carbon, which might offset GHG emissions by capturing and storing carbon in agricultural soils. The two key types of GHG emissions associated with agricultural activities are methane (CH4) and nitrous oxide (N2O). Agricultural sources of CH4 emissions mostly occur as part of the natural digestive process of animals and manure management at livestock operations; sources of N2O emissions are associated...
Farm Labor Shortages and Immigration Policy
The connection between farm labor and immigration policies is a longstanding one, particularly with regard to U.S. employers’ use of workers from Mexico. The Congress periodically has revisited the issue during debates on guest worker programs, increased border enforcement, and employer sanctions to curb the flow of unauthorized workers. Two decades ago, the Congress passed the Immigration Reform and Control Act (IRCA, P.L. 99-603) to reduce illegal entry into the United States by imposing sanctions on employers who knowingly hire persons who lack permission to work in the country. In...
Advertising Industry in the Digital Age
This report discusses regulatory challenges faced by policymakers as the advertising industry enters a period of far-reaching change brought about by the economic downturn and structural shifts as consumers move to the Internet and other digital platforms for news, entertainment, and socializing.
Medicare Program Changes in H.R. 3962, Affordable Health Care for America Act
Containing scores of provisions affecting Medicare payments, payment rules, and covered benefits, H.R. 3962, as passed by the House on November 7, 2009, treats the Medicare program as both a funding source for health insurance reform and a tool to shape future changes in the way that health services are paid for and delivered. Estimates from CBO on the bill indicate that, absent interaction effects, net reductions in Medicare direct spending may approach $128.1 billion from 2010 to 2014 and $460.8 billion from 2010 to 2019. Major savings are expected from constraining Medicare’s annual...
A dramatic collapse in farm milk prices late in 2008, which resulted in severe financial stress for many dairy farmers, has generated congressional concerns about “dairy pricing” and the adverse effects of milk price volatility on farmers. Dairy pricing refers to the process of establishing the farm value of milk. The federal government plays a prominent role in that process.
Among the dairy pricing issues are how milk producers receive price signals under existing policy and how that affects their production decisions. Some market participants say that the system does not transmit price...
Statutory Offices of Inspectors General (IGs): Methods of Appointment and Legislative Proposals
This report addresses the duties and functions of statutory Inspectors General (IGs); the numbers of each type of IG; the differences between IGs appointed by the President and those appointed by the agency head; considerations for whether certain IGs should be appointed by the President as opposed to the agency head; and the Inspector General Reform Act of 2008 (Reform Act), P.L. 110-409. In October 2008, Congress enacted the Reform Act, which created additional protections and authorities for IGs with regard to removal or transfer of an IG, budgets, law enforcement authority, pay,...
FY2010 Department of Homeland Security Assistance to States and Localities
Since FY2002, Congress has appropriated more than $33 billion for homeland security assistance to states, specified urban areas and critical infrastructures (such as ports and rail systems), the District of Columbia, and U.S. insular areas. The Grant Programs Directorate and the National Preparedness Directorate, within the Federal Emergency Management Agency, administer these programs for the Department of Homeland Security. Each assistance program has either an all-hazards purpose or a terrorism preparedness purpose.
These programs are primarily used by first responders, which include...
Climate Change: Comparison of the Cap-and-Trade Provisions in H.R. 2454 and S. 1733
On June 26, 2009, the House passed H.R. 2454, the American Clean Energy and Security Act of 2009. In addition to establishing a cap-and-trade system to regulate greenhouse gas emissions, the bill addresses energy efficiency, renewable energy, and other energy topics. On September 30, 2009, Senator Kerry introduced S. 1733, the Clean Energy Jobs and American Power Act, which was referred to the Senate Committee on Environment and Public Works. The committee held hearings on the bill starting October 27, 2009, and markup of the bill began November 3. On November 5, the committee approved...
Income of Americans Aged 65 and Older, 1968 to 2008
This report presents data collected by the Census Bureau in the Current Population Survey from 1969 through 2009 about the employment status and the sources and amounts of income received by people aged 65 and older.
The Child Abuse Prevention and Treatment Act (CAPTA): Background, Programs, and Funding
Child abuse and neglect is a significant social concern. Children who experience abuse and/or neglect are more likely to have developmental delays and impaired language or cognitive skills; be identified as “problem” children (with attention difficulties or challenging behaviors); be arrested for delinquency, adult criminality, and violent criminal behavior; experience depression, anxiety, or other mental health problems as adults; engage in more health-risk behaviors as adults; and have poorer health outcomes as adults. Further, data from a nationally representative sample of children in...
Taiwan’s Political Status: Historical Background and Its Implications for U.S. Policy
In 1979, official U.S. relations with Taiwan (the Republic of China) became a casualty of the American decision to recognize the government of the People’s Republic of China (PRC) as China’s sole legitimate government. Since then, U.S. unofficial relations with Taiwan have been built on the framework of the Taiwan Relations Act (P.L. 96-8) and shaped by three U.S.-China communiqués. Under these agreements, the United States maintains its official relations with the PRC while selling Taiwan military weapons and having extensive economic, political, and security interests there. But...
Carbon Capture and Sequestration in H.R. 2454 and S. 1733
The carbon capture and sequestration (CCS) provisions in H.R. 2454 and S. 1733 are similar (some sections are identical), and both bills appear to share the goal of fostering the commercial development and deployment of CCS projects as an important component of mitigating greenhouse gas emissions. The bills call for a unified national strategy for addressing the key legal and regulatory barriers to deployment of commercial-scale CCS. A required report detailing a national strategy would identify barriers and gaps that could be addressed using existing federal authority and those that would...
Taiwan-U.S. Relations: Developments and Policy Implications
U.S. policy toward Taiwan is unique. Since both the Chinese governments on Taiwan and on mainland China held that they alone were China’s legitimate ruling government, U.S. diplomatic relations with Taiwan had to be severed in 1979 when the United States recognized the People’s Republic of China (PRC) government as China’s sole legitimate government. While maintaining diplomatic relations with the PRC, the United States maintains extensive but unofficial relations with Taiwan based on the framework of the 1979 Taiwan Relations Act (TRA—P.L. 96-8) and shaped by three U.S.-PRC communiqués....
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. But efforts to improve access to care and control rising health care costs also will require changes to the health care delivery system. Experts point to a growing body of evidence of the health care system’s failure to consistently provide high-quality care to all Americans. Major challenges to the delivery of high-quality care include improving patient safety by...
Unconventional Gas Shales: Development, Technology, and Policy Issues
This report discusses the Barnett and Marcellus Shale formations, which serve to illustrate the technical and policy issues that are most likely common to developing all gas shales.
Summary and Analysis of S. 1733 and Comparison with H.R. 2454: Electric Power and Natural Gas
This report provides a summary and analysis of selected provisions of the chairman’s mark of S. 1733, the Clean Energy Jobs and American Power Act. The topics covered include electric power and incentives for the development of natural gas technologies. The report also compares those provisions with H.R. 2454, the American Clean Energy and Security Act.
In S. 1733, Subtitle H of Division A has two sections dealing with the use of low carbon emitting energy technologies. Section 181, Clean Energy and Accelerated Emission Reduction Program, directs the EPA administrator to “establish a...
The 2009 Influenza Pandemic: Selected Legal Issues
On June 11, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflected the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change. This report provides a brief overview of selected legal issues including emergency measures, civil rights,...
Food and Drug Administration Appropriations for FY2010
On October 21, 2009, the President signed into law, as P.L. 111-80, an Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2010, and for other purposes. This followed House and Senate agreement to the conference report. The law provides the Food and Drug Administration (FDA) with a program level of $3.28 billion for FY2010, dividing that total authorized spending into $2.36 billion in direct appropriations (which FDA refers to as budget authority) and $922 million in user...
State Furloughs of Disability Determination Services (DDS) Employees
Initial and continuing determinations of eligibility for the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs are made by state Disability Determination Services (DDS). These DDS agencies are fully funded by the federal government. However, because DDS employees work for the states, rather than the federal government, they are subject to furloughs, hiring freezes, and other personnel actions taken by state governments.
As of October 15, 2009, 10 states had either furloughed or plan to furlough DDS employees, and 6 states have either implemented or...
2009 H1N1 "Swine Flu": CRS Experts
This report includes a table which provides access to names and contact information for CRS experts on policy concerns relating to swine influenza A virus (H1N1). Policy areas identified include: Identification, diagnosis, and surveillance of the virus; Treatment and prevention: antiviral drugs (Tamiflu, Relenza) and vaccines; Declarations of emergencies; Official plans and organizational responsibilities; and Restrictions on travel and trade.
U.S. Accession to the Association of Southeast Asian Nations’ Treaty of Amity and Cooperation (TAC)
On July 22, 2009, during Secretary of State Hillary Rodham Clinton’s visit to Southeast Asia, the United States acceded to the Association of Southeast Asian Nations’ (ASEAN) Treaty of Amity and Cooperation (TAC), one of the 10-nation organization’s core documents, as had been amended by the 1987 and 1998 TAC Protocols. The move came less than six months after Secretary of State Clinton announced in Jakarta that the Obama Administration would launch its formal interagency process to pursue accession. This report analyzes the legal and diplomatic issues involved with accession to the TAC....
Intellectual Property Rights Protection and Enforcement: Section 337 of the Tariff Act of 1930
Section 337 of the Tariff Act of 1930 allows U.S. companies to protect themselves from imports that infringe intellectual property rights. The U.S. International Trade Commission (ITC) adjudicates complaints filed by U.S. companies alleging Section 337 violations. Primary remedies under Section 337 include exclusion orders and cease and desist orders. In recent years, there has been an increase in the number of Section 337 proceedings or actions. Members of Congress have expressed concern about the length of time for completion of Section 337 investigations and the effectiveness of...
Dairy Market and Policy Issues
In 2009, U.S. dairy producers have been caught in a classic “price-cost squeeze,” with farm milk prices declining sharply from record highs while feed costs remain high. From January through September 2009, the all-milk price received by farmers was 36% below a year earlier, when prices were near a record high. Meanwhile, feed costs, as measured by alfalfa prices, were down only 20% from a year earlier.
Declining milk and dairy product prices in late 2008 and early 2009 reactivated government programs to support dairy prices and dairy farm income. During this period, after several years...
Awards of Attorneys’ Fees by Federal Courts and Federal Agencies
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys’ fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party’s fees.
There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to...
Inequality in the Distribution of Income: Trends and International Comparisons
This report examines the distribution of income in the United States, including factors that may help explain it, how it has changed over time, and how it compares with those of other countries.
While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet “harassment” presents new challenges for legislators in terms of defining and prosecuting such activity. Definitions for these terms vary based upon jurisdiction. Internet harassment usually encompasses “cyberstalking,” “cyberharassment,” and/or “cyberbullying.” If one were to categorize these offenses based on danger or greatest potential harm, cyberstalking would be the most dangerous, followed by cyberharassment and then cyberbullying. Generally, cyberstalking includes a credible threat of harm,...
Since September 2001, the United States has increased focus on radical Islamist and terrorist groups in Southeast Asia, particularly those in the Philippines, Indonesia, Malaysia, Thailand, and Singapore. Southeast Asia has been a base for terrorist operations. Al Qaeda penetrated the region by establishing local cells, training Southeast Asians in its camps in Afghanistan, and by financing and cooperating with indigenous radical Islamist groups. Indonesia and the southern Philippines have been particularly vulnerable to penetration by Islamic terrorist groups.
Members of one indigenous...
The Americans with Disabilities Act (ADA): Employment Issues and the 2009 Influenza Pandemic
On June 11, 2009, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change.
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities...
Private Health Insurance Provisions of S. 1679
This report summarizes key provisions affecting private health insurance in S. 1679, the Affordable Health Choices Act, as ordered reported by the Senate Committee on Health, Education, Labor and Pensions (HELP) on July 15, 2009.
Title I of the bill focuses on reducing the number of uninsured, restructuring the private health insurance market, setting minimum standards for health benefits, and providing financial assistance to certain individuals and, in some cases, small employers. In general, the Senate HELP bill would require individuals to maintain health insurance and employers to...
The Committee System in the U.S. Congress
Because of the high volume and complexity of its work, Congress divides its tasks among committees and subcommittees. Both the House and Senate have their own committee systems, which are similar but not identical. Within chamber guidelines, however, each committee adopts its own rules; thus, there is considerable variation among panels. This report provides a brief overview of the organization and operations of House and Senate committees.
Lehman Brothers and IndyMac: Comparing Resolution Regimes
In the United States, the insolvencies of depository institutions are not handled according to the procedures of the U.S. Bankruptcy Code. Instead, they and their subsidiaries are subject to a separate regime prescribed in federal law, called a conservatorship or receivership. Under this regime, the conservator or receiver, which generally is the Federal Deposit Insurance Corporation (FDIC), is provided substantial authority to deal with virtually every aspect of the insolvency. The failure of most other financial institutions within bank, thrift, and financial holding company umbrellas...
By limiting the amount of greenhouse gas (GHG) emissions that can be generated in a given year, a cap-and-trade program would attach a new cost to activities that generate emissions, primarily fossil fuel combustion. To the extent they are able, the capped entities (e.g., power plants, petroleum producers/importers, large industrial facilities) would likely pass on the costs of complying with a cap-and-trade program to household and business consumers. Thus, a cap-and-trade system is intended (and expected) to increase the price of coal, oil, natural gas, and the products they help create,...
The Servicemembers Civil Relief Act (SCRA): Does It Provide for a Private Cause of Action?
Congress has long recognized the need for protective legislation for servicemembers whose service to the nation may compromise their ability to meet obligations and protect their legal interests. The purpose of the Servicemembers Civil Relief Act (SCRA) is to provide for, strengthen, and expedite the national defense by protecting servicemembers, enabling them to “devote their entire energy to the defense needs of the Nation.” The SCRA protects servicemembers by temporarily suspending certain judicial and administrative proceedings and transactions that may adversely affect their legal...
Iraq: Regional Perspectives and U.S. Policy
Iraq’s neighbors have influenced events in Iraq since the fall of the Saddam Hussein regime in 2003, and developments in Iraq have had political, economic, and security implications for Iraq’s neighbors and the broader Middle East. Lower levels of violence in Iraq and the planned drawdown of U.S. forces in Iraq are fueling consideration of Iraq’s future and the current and potential policies by Iraq’s neighbors. Policy makers and observers are now considering several potential “Iraq scenarios,” ranging from the resolution of outstanding Iraqi political disputes and the successful...
In the mid-1970s, Congress designed the Federal Election Commission (FEC) to be a bipartisan independent regulatory agency. The agency’s structure is intended to guard against partisan enforcement of campaign finance law. Consequently, the six-member Commission has been evenly divided among Democrats and Republicans. The Federal Election Campaign Act (FECA) also requires that the Commission muster at least four votes to exercise core functions—meaning that no measure can advance without at least some bipartisan support.
Perhaps because of that structure, however, the Commission has been...
Income and Poverty Among Older Americans in 2008
This report describes the sources and amounts of income received by the 37.8 million Americans aged 65 and older who lived in non-institutional settings in 2008. The report also describes how the proportion of total income received from each source differs between high-income individuals and households and low-income individuals and households.
Medical Malpractice Insurance: An Economic Introduction and Review of Historical Experience
Insurance is a critical piece of a modern economic system, but it often goes unnoticed until it becomes prohibitively expensive or its availability is curtailed. Such problems occurred in the medical malpractice liability insurance market most recently in the early part of the 2000s. Many physicians experienced substantial increases in insurance premiums, and there were reports of problems with availability of physician services due to doctors retiring or relocating from areas that had seen high premium increases. This was not the first time such a crisis has been proclaimed; similar...
South Korea: Its Domestic Politics and Foreign Policy Outlook
South Korea’s maturing democracy and rapid economic development have had a significant impact on its external relations, including the strategic and economic relationship with the United States. After decades of close strategic alignment with the United States under authoritarian governments, the past several democratically elected leaders in Seoul have sought their own brand of foreign policy and relations with the United States. Now the 13th largest global economy, South Korea is a major U.S. trade partner and host to some 37,000 forward deployed U.S. troops.
President Lee Myung-bak...
Energy Efficiency and Renewable Energy Legislation in the 110th Congress
This report reviews the status of energy efficiency and renewable energy legislation introduced during the 110th Congress. Most action in the second session is focused on the FY2009 budget request and legislation that would extend or modify selected renewable energy and energy efficiency tax incentives.
The Student Aid and Fiscal Responsibility Act of 2009
The House and the Senate approved H.Rept. 111-89, the conference report to accompany S.Con.Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, on April 29, 2009. The FY2010 budget resolution includes reconciliation instructions directing the Senate Committee on Health, Education, Labor, and Pensions (HELP) and the House Committee on Education and Labor to report changes in laws within their jurisdictions to reduce the deficit by $1 billion for the period of fiscal year (FY) 2009 through FY2014. The reconciliation instructions for the House specifically direct the...
Summary and Analysis of S. 1462: American Clean Energy Leadership Act of 2009, As Reported
As reported by the Senate Committee on Energy and Natural Resources, the six titles of S. 1462 are intended to address the energy security of the United States by promoting the development of clean energy technologies, improving energy efficiency, encouraging the development of domestic energy resources, promoting energy innovation and energy workforce development, improving the stability of U.S. energy markets, and informing energy strategies through a series of studies and reports. Some of these provisions build on similar or related provisions in the Energy Policy Act of 2005 (EPACT05,...
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. But efforts to improve access to care and control rising health care costs also will require changes to the health care delivery system. Experts point to a growing body of evidence of the health care system’s failure to consistently provide high-quality care to all Americans. Major challenges to the delivery of high-quality care include improving patient safety by...
Removing Aliens from the United States: Judicial Review of Removal Orders
This report analyzes the jurisdictional issues in the Immigration and Nationality Act (INA) by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III court's jurisdiction to review a removal order.
Immigration: Frequently Asked Questions on the State Criminal Alien Assistance Program (SCAAP)
The State Criminal Alien Assistance Program (SCAAP) is a formula grant program that provides financial assistance to states and localities for correctional officer salary costs incurred for incarcerating “undocumented criminal aliens.” Currently, SCAAP funds do not cover all of the costs for incarcerating immigrants or foreign nationals. The program is administered by the Office of Justice Programs’ Bureau of Justice Assistance, located in the U.S. Department of Justice, in conjunction with the U.S. Department of Homeland Security. Between FY1995 and FY2009, a total of more than $5 billion...
Intelligence Reform at the Department of Energy: Policy Issues and Organizational Alternatives
After the repeated urging of the Department of Energy (DOE), Congress in 2006 agreed to temporarily consolidate separate counterintelligence (CI) offices at the Department of Energy and the National Nuclear Security Administration (NNSA) into a single CI office under DOE control. The Senate version of the FY2010 National Defense Authorization Bill contains language that would make the consolidation permanent. DOE had complained that the dual office structure was ineffective. In permitting DOE to consolidate the two offices, Congress reversed its 1999 authorization to establish a separate...
Renewable Energy—A Pathway to Green Jobs?
In the United States, growing awareness of greenhouse gas (GHG) emissions and the possible implications for global climate change have combined with recent high energy prices and economic uncertainty to rekindle interest in renewable energy. Renewable energy technologies generate electricity from resources such as the sun, wind, or biomass, with essentially no net GHG emissions. President Obama has declared a goal for the United States to become the world’s leading exporter of renewable energy technologies, setting out policy objectives for the development of related “green jobs”.
Green...
The recession that began in December 2007 has raised issues about policies to address the threats to the economic security of people and families from an economic downturn. Families that were economically disadvantaged before the recession are highly likely to face risks to their well-being—unemployment rates for women maintaining families, minorities, and those with less than a high school education are above the average for all workers.
The emphasis of public policy for low-income families with children with able-bodied parents is supporting and requiring work. The system of needs-based...
Public Health, Workforce, Quality, and Other Provisions in H.R. 3200
Health care reform is at the top of the domestic policy agenda for the 111th Congress, driven by concerns about the growing ranks of the uninsured and the unsustainable growth in spending on health care and health insurance. But efforts to improve access to care and control rising health care costs also will require changes to the health care delivery system. Experts point to a growing body of evidence of the health care system’s failure to consistently provide high-quality care to all Americans. Major challenges to the delivery of high-quality care include improving patient safety by...
Private Health Insurance Provisions of H.R. 3200
This report summarizes key provisions affecting private health insurance in H.R. 3200, America’s Affordable Health Choices Act of 2009, as ordered reported by House Committees on Education and Labor, Ways and Means, and Energy and Commerce. Specifically, this report focuses on Division A (or I) of H.R. 3200 from those committees.
Division A of H.R. 3200 focuses on reducing the number of uninsured, restructuring the private health insurance market, setting minimum standards for health benefits, and providing financial assistance to certain individuals and, in some cases, small employers. In...
An Analysis of Borrowing From Defined Contribution Retirement Plans
Americans are being given more responsibility for saving for their own retirements. Over the past 25 years, fewer households have been covered by traditional defined benefit (DB) retirement plans, in which retirees receive monthly checks based on a formula using some combination of earnings history and employment tenure. In place of DB plans, more and more employees are being covered by defined contribution (DC) plans, in which employees (and often their employers) place funds in individual employee accounts that are used as the basis for retirement incomes.
A feature of many DC plans is...
Department of Defense Fuel Spending, Supply, Acquisition, and Policy
Department of Defense (DOD) fuel consumption varies from year to year in response to changes in mission and the tempo of operations. DOD may consume upwards of 1% of the petroleum products refined in the United States annually. Petroleum products purchased and consumed overseas may double DOD’s consumption. The majority of DOD’s bulk fuel purchases are for jet fuel, which has ranged as high as 101 million barrels annually in the past decade. The U.S. refining industry has been supplying 50% of the jet fuel demand. DOD has consumed as much as 145 million barrels in overall petroleum...
Gun Trafficking and the Southwest Border
According to the Department of Justice, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal agency responsible for stopping the illegal flow of firearms, or gun trafficking, from the United States to Mexico. ATF has developed a nationwide strategy to reduce firearms trafficking and violent crime by seeking to prevent convicted felons, drug traffickers, and juvenile gang members from acquiring firearms from gun traffickers. These criminals often acquire firearms from persons who are otherwise not prohibited from possessing firearms, or by buying firearms from...
During the past 15 years, the development of new electronic technologies has altered the traditional patterns of communication between Members of Congress and constituents. Many Members now use e-mail, official websites, blogs, Youtube channels, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 15 years ago.
These technologies have arguably served to potentially enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for communication between the Member...
The 111th Congress has devoted considerable effort to health reform that seeks to increase health insurance coverage for more Americans and help to control increasing costs, while improving quality and patient outcomes. Health reform legislation, America’s Affordable Health Choices Act of 2009 (H.R. 3200), was introduced in the House on July 17, 2009, and ordered reported by the Committee on Energy and Commerce on July 31, 2009. H.R. 3200 proposes sweeping reforms of the health care delivery system, which are described in the three major components of H.R. 3200 designated Divisions A, B,...
Regulation of Health Benefits Under ERISA: An Outline
The Employee Retirement Income Security Act (ERISA) sets certain federal standards for the provision of health benefits under private-sector, employment-based health plans. These standards regulate the nature and content of health plans and include rules on health care continuation coverage as provided under the Consolidated Omnibus Budget Reconciliation Act (COBRA), guarantees on the availability and renewability of health care coverage for certain employees and individuals, limitations on exclusions from health care coverage based on preexisting conditions, and parity between...
Legal Ethics in Immigration Matters: Legal Representation and Unauthorized Practice of Law
The unauthorized practice of law by persons who are not attorneys, ineffective assistance by licensed attorneys, or other unethical conduct can cause irreversible harm to aliens seeking immigration benefits or relief. Aliens may forfeit, temporarily or permanently, the benefits they seek, due in part to the prevalence of unethical conduct targeting a population that some regard as particularly vulnerable to such abuses. In recent years, the Executive Office of Immigration Review (EOIR), the U.S. Citizenship and Immigration Services (USCIS), and various state attorneys general have taken...
Older Workers: Employment and Retirement Trends
This report begins by describing the change in the age distribution of the U.S. population that will occur between 2010 and 2030 and by summarizing the historical data on the labor force participation of older workers. This discussion is followed by an analysis of data from the Census Bureau's Current Population Survey (CPS) on employment and receipt of pension income among persons aged 55 and older.
Judge Sonia Sotomayor: Analysis of Selected Opinions
In May 2009, Supreme Court Justice David Souter announced his intention to retire from the Supreme Court. Several weeks later, President Obama nominated Judge Sonia Sotomayor, who served on the U.S. Court of Appeals for the Second Circuit, to fill his seat. To fulfill its constitutional “advice and consent” function, the Senate considered Judge Sotomayor’s extensive record—compiled from years as a lawyer, prosecutor, district court judge, and appellate court judge—to better understand her legal approaches and judicial philosophy. On August 6, the Senate confirmed Justice Sotomayor by a...
Climate Change: Costs and Benefits of the Cap-and-Trade Provisions of H.R. 2454
This report examines seven studies that project the costs of H.R. 2454 to 2030 or beyond. It is difficult (and some would consider it unwise) to project costs up to the year 2030, much less beyond. The already tenuous assumption that current regulatory standards will remain constant becomes more unrealistic as time goes forward, and other unforeseen events (such as technological breakthroughs) loom as critical issues which cannot be modeled. Hence, long-term cost projections are at best speculative, and should be viewed with attentive skepticism. The finer and more detailed the estimate...
Quarantine and Isolation: Selected Legal Issues Relating to Employment
On June 11, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change. Questions relating to employment are among the most significant issues raised by a pandemic since if individuals...
Education for the Disadvantaged: Analysis of Issues for the ESEA Title I-A Allocation Formulas
Title I, Part A, of the Elementary and Secondary Education Act (ESEA) authorizes federal aid to local educational agencies (LEAs) for the education of disadvantaged children. Title I-A grants provide supplementary educational and related services to low-achieving and other pupils attending pre-kindergarten through grade 12 schools with relatively high concentrations of pupils from low-income families. In recent years, they have also become a “vehicle” to which a number of requirements affecting broad aspects of public K-12 education for all pupils have been attached as a condition for...
Federal tax law allows self-employed individuals to deduct from their gross income the entire amount they spend on health insurance for themselves and their spouses and dependents.
This report explains how these expenditures are treated under the federal tax code, reviews the legislative history of the deduction, assesses its effectiveness as a policy tool for expanding access to health care for the self-employed, describes proposals in the 111th Congress to modify the deduction, and discusses the implications of leading health care reform proposals in Congress for health insurance...
The Special Inspector General for the Troubled Asset Relief Program (SIGTARP)
This report discusses the Special Inspector General provisions in the Emergency Economic Stabilization Act of 2008 (EESA), which was enacted as P.L. 110-343 on October 3, 2008. This act created a Special Inspector General for the Troubled Asset Relief Program (SIGTARP). Under EESA, TARP funds may be used by the Secretary of the Treasury to purchase “troubled assets,” defined to include both mortgage-related financial instruments and “any other financial instrument that the Secretary, after consultation with the Chairman of the Board of Governors of the Federal Reserve System, determines...
The Constitutionality of Campaign Finance Regulation: Buckley v. Valeo and Its Supreme Court Progeny
Political expression is at the heart of First Amendment activity and the Supreme Court has granted it great deference and protection. However, according to the Court in its landmark 1976 decision, Buckley v. Valeo, an absolutely free political marketplace is not required by the First Amendment—nor is it desirable—because without reasonable regulation, corruption will result. Most notably, the Buckley Court ruled that the spending of money in campaigns, whether as a contribution or an expenditure, is a form of “speech” protected by the First Amendment. The Court upheld some infringements on...
Japan’s Historic 2009 Elections: Implications for U.S. Interests
In a historic landslide victory, on August 30, 2009, Japan’s largest opposition party, the Democratic Party of Japan (DPJ), ousted the main ruling party, the Liberal Democratic Party (LDP), in elections for control over Japan’s Lower House of parliament. The LDP has had almost continuous control of the Japanese government since 1955 and has been a staunch supporter of the U.S.-Japan alliance throughout the postwar period. The DPJ, which includes a mixture of right- and left-leaning members and is led by Yukio Hatoyama, is now Japan’s main ruling party. The Diet (Japan’s parliament) is...
Unlike natural gas or fuel oil, electricity cannot be easily stored. However, interest in electric power storage (EPS) has been growing with technological advancements that can make storage a more practical means of integrating renewable power into the electricity grid and achieving other operating benefits.
This report summarizes the technical, regulatory, and policy issues that surround implementation of EPS. Electricity storage is one of several non-traditional technologies and methods of meeting power demand that are of current congressional interest (others include distributed...
The Military Commissions Act of 2006 (MCA): Background and Proposed Amendments
On November 13, 2001, President Bush issued a Military Order (M.O.) authorizing trial by military commission of certain non-citizens suspected of participating in the war against terrorism. The Supreme Court struck down military commissions established pursuant to the M.O. as inconsistent with the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. The Department of...
Conventional Arms Transfers to Developing Nations, 2001-2008
This report is provides data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions.
Executive Compensation Limits in Selected Federal Laws
Concern about shareholder value, corporate governance, and the economic and social impact of escalating pay for corporate executives has led to controversy regarding the practices of paying these executives. This report focuses on legal provisions related to tax, bankruptcy, and corporate governance that attempt to limit executive compensation. Many provisions have existed for a number of years, but some have a more recent origin in the 110th and 111th Congresses.
In the 110th Congress, two laws containing executive compensation provisions were enacted: P.L. 110-289, the Housing and...
Great Lakes Water Withdrawals: Legal and Policy Issues
This report describes the characteristics of the Great Lakes, the interests they support, and possible threats to lake levels. It analyzes the federal laws and policies that regulate the diversion, withdrawal, and consumptive use of water from the Great Lakes. Also included is a discussion of the final Compact and Agreement and some of the issues raised by various interest groups. This report concludes with a general discussion on the relationship between compacts, federal law, and the Congress.
The Fall and Rise of Household Saving
This report begins by showing how the household saving rate has varied in recent years. Next, it explains how household saving is measured, and it provides some detail on how saving varies across the income distribution. Finally, it discusses factors that may account for the long decline in household saving, as well as prospects for its recovery.
Health Care Reform: An Introduction
Health care reform is a major issue in the 111th Congress, driven by growing concern about millions of people without insurance coverage, continual increases in cost and spending, and quality shortcomings. Commonly cited figures indicate that more than 45 million people have no insurance, which can limit their access to care and ability to pay for the care they receive. Costs are rising for nearly everyone, and the country now likely spends over $2.5 trillion, more than 17% of gross domestic product (GDP), on health care services and products, far more than other industrialized countries....
The Higher Education Act of 1965 (HEA; P.L. 89-329), as amended, authorizes a broad array of federal student aid programs that assist students and their families with paying for or financing the costs of obtaining a postsecondary education. These federal student aid programs are authorized under Title IV of the HEA. Requirements applicable to the administration of Title IV federal student aid programs are specified in Title I of the HEA, as well as in Title IV. The HEA also authorizes many other types of programs, including programs that make federal aid and support available to...
Health Care Reform: Selected Antitrust Considerations
The federal antitrust laws are directed at insuring that markets remain competitive, with the ultimate goal of securing consumer welfare. Antitrust is a means of governing market behavior that is, in essence, the flip side of market regulation accomplished via regulatory oversight. Accordingly, any scheme that affects the functioning of a segment of the market by prescribing or proscribing the behavior of entities that participate in that segment may impact and be impacted by the antitrust laws. That is no less a given in the health care arena than in any other. This report will set out...
Estimating the Number of People Who Are Homeless: Homeless Management Information Systems
In 1998, Congress directed the Department of Housing and Urban Development (HUD) to develop a process for collecting data about homeless persons. Together with local communities, HUD began in 2001 to implement a series of Homeless Management Information Systems (HMIS). Two categories of federal fund recipients are required to participate in HMIS: organizations that receive grants through the Housing Opportunities for Persons with AIDS (HOPWA) program and organizations that receive HUD Homeless Assistance Grants. The HOPWA program provides housing and supportive services for persons living...
The Global Economic Downturn and Protectionism
In today’s severe global economic downturn, concerns are being raised that countries may try to improve their own trade positions in order to help domestic industries at the expense of others by imposing measures that artificially increase their exports or restrict imports. Such efforts are considered by some to be a form of “protectionism” and are often referred to as beggar-thy-neighbor policies.
This report develops three scenarios to approximate different dimensions of the relationship between the global economic downturn and protectionism. The scenarios are not predictions, but...
Treatment of Noncitizens in H.R. 3200
This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
The existing authorization for federal surface transportation programs provided by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU or SAFETEA) expires on September 30, 2009. Congress is now considering legislation that would either reauthorize these programs or extend the existing program into at least part of the next fiscal year.
While it considers reauthorization or extension legislation, Congress has also had to address an ongoing financial shortfall in the highway account of the Highway Trust Fund. Just before leaving for its...
Requiring Disclosure of Gifts and Payments to Health Care Professionals: A Legal Overview
In recent years, questions have been raised over the propriety of certain financial relationships between health care professionals such as physicians, and the pharmaceutical and other medical industries. As part of these relationships, companies may give gifts or make payments to healthcare professionals as part of their marketing efforts, or for other purposes. In an effort to promote transparency and prevent inappropriate relationships, there has been interest in requiring disclosure of certain types of payments. Several states and the District of Columbia have enacted legislation...
Interrogation of Detainees: Requirements of the Detainee Treatment Act
U.S. treatment of enemy combatants and terrorist suspects captured in Afghanistan, Iraq, and other locations has been a subject of long-standing debate, including whether such treatment complies with U.S. statutes and treaties such as the 1949 Geneva Conventions and the U.N. Convention Against Torture (CAT). In response to this controversy, Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of...
This report briefly reviews the issue of U.S. arms sales to Pakistan. It provides background details regarding recent major weapons transactions between the United States and Pakistan, as well as the rationale given for such sales. It also reviews the current statutory framework that governs U.S. weapons sales to Pakistan, including existing authorities that could be used to curtail or terminate existing or prospective sales to that country. This report will only be updated should events warrant.
Social Security Administration: Administrative Budget Issues
The Social Security Administration (SSA) administers the Social Security program (Old-Age, Survivors and Disability Insurance, or OASDI) and the Supplemental Security Income (SSI) program, and provides administrative support to Medicare and several other federal programs. Total SSA spending in FY2008 was about $658 billion, about 99% of which was mandatory spending on benefit payments. This report focuses on SSA’s administrative spending, which is discretionary and amounts to about 1% of SSA’s total spending. This funding is provided in the Labor, Health and Human Services, Education, and...
Adequate Yearly Progress (AYP): Implementation of the No Child Left Behind Act
Title I, Part A of the Elementary and Secondary Education Act (ESEA), authorizes financial aid to local educational agencies (LEAs) for the education of disadvantaged children and youth at the preschool, elementary, and secondary levels. Over the last several years, the accountability provisions of this program have been increasingly focused on achievement and other outcomes for participating pupils and schools. Since 1994, and particularly under the No Child Left Behind Act of 2001 (NCLB), a key concept embodied in these requirements is that of “adequate yearly progress (AYP)” for...
Noncitizen Health Insurance Coverage and Use of Select Safety-Net Providers
The 111th Congress has made health reform a priority. As health reform is debated, one possible issue that may surface is the rights and requirements of noncitizens (aliens) under health reform. Because some of the proposals to address health reform in the United States would create a mechanism to provide health insurance to the overwhelming majority of individuals in the nation, this report explores the health insurance coverage of noncitizens, as well as noncitizen use of selected safety-net providers and the impact of unauthorized aliens on the health care system.
Noncitizens are not...
The Federal Protective Service and Contract Security Guards: A Statutory History and Current Status
The Federal Protective Service (FPS)—within U.S. Immigration Customs Enforcement (ICE) in the Department of Homeland Security (DHS)—is responsible for protecting federal government property, personnel, visitors, and customers, including property leased by the General Services Administration (GSA). FPS currently employs over 15,000 contract security guards to protect federal property. DHS continued the use of contract security guards to focus FPS activities on maintaining security policy and standards, conducting building security assessments, and monitoring federal agency compliance with...
Foreign Medical Graduates: A Brief Overview of the J-1 Visa Waiver Program
The Educational and Cultural Exchange Visitor program has become a gateway for foreign medical graduates (FMGs) to gain admission to the United States as nonimmigrants for the purpose of graduate medical education and training. The visa most of these physicians enter under is the J-1 nonimmigrant visa. Under the J-1 visa program, participants must return to their home country after completing their education or training for a period of at least two years before they can apply for another nonimmigrant visa or legal permanent resident (LPR) status, unless they are granted a waiver of the...
Insurance Regulation: Issues, Background, and Legislation in the 111th Congress
This report discusses congressional and action on insurance regulation in the wake of the recent financial crisis. Although the financial crisis has changed the focus of the debate surrounding insurance regulatory reform, many of the pre-crisis pressures for regulatory changes continue.
China and the Global Financial Crisis: Implications for the United States
Over the past several years, China has enjoyed one of the world’s fastest-growing economies and has been a major contributor to world economic growth. However, the current global financial crisis has significantly slowed China’s economy; real gross domestic product (GDP) fell from 13.0% in 2007 to 8.0% in 2008. Several Chinese industries, particularly the export sector, have been hit hard by crisis, and millions of workers have reportedly been laid off. This situation is of great concern to the Chinese government, which views rapid economic growth as critical to maintaining social...
Project BioShield: Purposes and Authorities
Many potential chemical, biological, radiological, and nuclear (CBRN) terrorism agents lack available countermeasures. In 2003, President Bush proposed Project BioShield to address this need. The Project BioShield Act became law in July 2004 (P.L. 108-276).
This law has three main provisions: (1) relaxing regulatory requirements for some CBRN terrorism-related spending, including hiring and awarding research grants; (2) guaranteeing a federal government market for new CBRN medical countermeasures; and (3) permitting emergency use of unapproved countermeasures. The Department of Health and...
Policy Challenges in International Migration
Immigration is a leading policy concern for many countries around the world, including the United States. Members of Congress have for several years had immigration policy as one of their main legislative issues. Yet, determining an optimal immigration policy has grown increasingly complex as economic, cultural, and security pressures all compete for political consideration. In an effort to tackle some of this complexity, this report serves as a broad overview of the standard theory of international migration and offers a brief synopsis of the major immigration-related policy challenges...
Financial Regulation and Oversight: Latin American Financial Crises and Reform Lessons from Chile
The 111th Congress has taken a broad approach to capturing the lessons on financial crises as part of the effort to evaluate possibilities for revamping the U.S. financial regulatory system. Latin America stands out as one region that has survived multiple financial crises, and in the aftermath of such devastation, many countries undertook comprehensive regulatory reform. Although a smaller developing economy, Chile provides one important example. Following two financial crises, one the result of extreme over regulation, the other of catastrophic under regulation, Chile redesigned its...
Foreign Aid Reform: Agency Coordination
In the decades since the Foreign Assistance Act of 1961 became law, Congress, various Administrations, and a number of Commissions, have reviewed U.S. foreign aid programs and proposed ways to improve the coordination and effectiveness of U.S. foreign assistance by consolidating or otherwise restructuring various agencies. Two recent trends in foreign assistance have renewed interest in this issue. First, foreign assistance funding has expanded considerably since the terrorist attacks of September 11, 2001, from just over $15 billion in FY2001 to more than $45 billion in FY2007, including...
Iraq: Reconstruction Assistance
A large-scale assistance program has been undertaken by the United States in Iraq since mid-2003. To date, over $49 billion has been appropriated for Iraq reconstruction.
Most recently, in June 2009, Congress provided $439 million in ESF and $20 million in INCLE funds for Iraq in the FY2009 supplemental appropriations (P.L. 111-32, H.R. 2346). The $1 billion in ISFF funding appropriated previously in P.L. 110-252 was rescinded and reappropriated in this bill. The CERP appropriation of $453 million is to be shared with Afghanistan.
A significant number of reconstruction activities,...
Carbon Sequestration in Forests
Widespread concern about global climate change has led to interest in reducing emissions of carbon dioxide (CO2) and, under certain circumstances, in counting additional carbon absorbed in soils and vegetation as part of the emissions reductions. Congress may consider options to increase the carbon stored (sequestered) in forests as it debates this and related issues.
Forests are a significant part of the global carbon cycle. Plants use sunlight to convert CO2, water, and nutrients into sugars and carbohydrates, which accumulate in leaves, twigs, stems, and roots. Plants also respire,...
Measuring Health Care Quality: Measure Development, Endorsement, and Implementation
Problems with quality of health care in the United States earned the attention of the public with, and have steadily gained in importance since, the release of the first in a series of Institute of Medicine (IOM) reports on this topic, “To Err is Human: Building A Safer Health System,” in 1999. The release of the IOM report represented a changing approach to addressing suboptimal health care quality, from one focused primarily on quality assurance to one focused on quality improvement broadly through the realignment of systems of delivering and financing care to incentivize quality of...
Passports: Current Regulations
Prior to 2007, little or no documentation was required to enter the United States from Canada, Mexico, Bermuda, or the Caribbean. In December 2004, with the 9/11 Commission recommending tighter borders to help prevent another terrorist attack, Congress passed the Western Hemisphere Travel Initiative (WHTI), which now requires passports for anyone entering the United States. As of mid-2009, approximately 30% of American citizens hold a passport.
After the January 2007 implementation of phase I of the new passport regulations (requiring passports when entering by air), the Department of...
Special Operations Forces (SOF) and CIA Paramilitary Operations: Issues for Congress
The 9/11 Commission Report recommended that responsibility for directing and executing paramilitary operations should be shifted from the CIA to the U.S. Special Operations Command (USSOCOM). The President directed the Secretary of Defense and Director of Central Intelligence to review this recommendation and present their advice by mid-February 2005, but ultimately, they did not recommend a transfer of paramilitary responsibilities. This Report will briefly describe special operations conducted by DOD and paramilitary operations conducted by the CIA and discuss the background of the 9/11...
This report provides background information on existing economic sanctions against Burma and possible options to expand sanctions.
Regulation of Naked Short Selling
Short sellers borrow stock, sell it, and hope to profit if they can buy back the same number of shares later at a lower price. A short sale is a bet that a stock’s price will fall. A short sale is said to be “naked” if the broker does not in fact borrow shares to deliver to the buyer. When executed on a large scale, naked short sales can constitute a large portion of total shares outstanding, and can put serious downward pressure on a stock’s price. Critics of the practice characterize it as a form of illegal price manipulation. The Securities and Exchange Commission (SEC) in 2004 adopted...
International Competitiveness: An Economic Analysis of VAT Border Tax Adjustments
U.S. international competitiveness has been a topic of heated debate in recent years. In this debate it has been argued that the decline in performance of U.S. firms stems, at least in part, from problems with the federal tax system. In support of these claims, comparisons are often made between provisions of the U.S. tax code and those of the nation’s trading partners—with selected differences offered as explanations for unsatisfactory outcomes.
One common argument made by advocates of this position is that the United States’ reliance on direct taxes (such as income and payroll taxes)...
The U.S. Science and Technology Workforce
This report provides an overview of the status of the U.S. science and technology (S&T) workforce, and identifies some of the issues and options that are currently being discussed in Congress.
Oil Industry Tax Issues in the FY2010 Budget Proposal
President Obama, in an Earth Day speech, addressed the linkage between the problems he associated with U.S. reliance on imported oil and the importance of a future based more on alternative energy sources. These problems could be partially addressed by reducing what the Administration sees as favorable treatment of the oil and natural gas industries that were designed to increase production of petroleum products.
The FY2010 budget proposal outlined a set of proposals, framed in terms of deficit reduction, or the elimination of tax expenditures, that would potentially increase the taxes of...
Iraq: Former Regime Weapons Programs and Outstanding U.N. Issues
After asserting that Iraq had failed to comply with U.N. Security Council resolutions that required Iraq to rid itself of weapons of mass destruction (WMD), the Bush Administration began military action against Iraq on March 19, 2003, and the regime of Saddam Hussein fell on April 9. U.N. Security Council resolution 1483, adopted May 22, 2003, lifted sanctions on Iraq and provided for the possibility that U.N. inspectors could return to Iraq, although the United States, not the United Nations, conducted the post-war WMD searches. U.S. teams attempted to find WMD and related production...
Science, Technology, and American Diplomacy: Background and Issues for Congress
This report focuses on international science and technology diplomacy, where American leadership in science and technology is used as a diplomatic tool to enhance another country's development and to improve understanding by other nations of U.S. values and ways of doing business.
The Toxic Substances Control Act (TSCA): Implementation and New Challenges
The basic structure of the Toxic Substances Control Act (TSCA) of 1976 has never been amended, but recent legal, scientific, and technological changes are prompting some policy makers to reexamine the law. The Kid-Safe Chemicals Act (H.R. 6100/S. 3040 in the 110th Congress) would have reshaped risk assessment and management of industrial chemicals in U.S. commerce. TSCA currently regulates potential risks based on three policies: (1) Chemical manufacturers are responsible for testing chemicals to determine their potential effects on health and the environment; (2) EPA should regulate...
Venezuela: Political Conditions and U.S. Policy, 2003-2009
Under the populist rule of President Hugo Chávez, first elected in 1998 and reelected to a six-year term in December 2006, Venezuela has undergone enormous political changes, with a new constitution and unicameral legislature, and a new name for the country, the Bolivarian Republic of Venezuela. U.S. officials and human rights organizations have expressed concerns about the deterioration of democratic institutions and threats to freedom of expression under President Chávez, who has survived several attempts to remove him from power. The government benefitted from the rise in world oil...
Foreign Aid Reform: Studies and Recommendations
Both the 111th Congress and the Obama Administration have expressed interest in foreign aid reform and are looking at ways to improve and strengthen the U.S. Agency for International Development (USAID), coordination among implementing agencies, and monitoring effectiveness of aid activities. Legislation containing elements of reform includes H.R. 2410, the Foreign Relations Act for Fiscal Years 2010 and 2011; H.R. 2139, the Initiating Foreign Assistance Reform Act of 2009; and S. 1524, the Foreign Assistance Revitalization Accountability Act of 2009.
Since the terrorist attacks of...
The Reliable Replacement Warhead Program: Background and Current Developments
Most current U.S. nuclear warheads were built in the 1970s and 1980s and are being retained longer than was planned. Yet they deteriorate and must be maintained. To correct problems, a Life Extension Program (LEP), part of a larger Stockpile Stewardship Program (SSP), replaces components. Modifying some components would require a nuclear test, but the United States has observed a test moratorium since 1992. Congress and the Administration prefer to avoid a return to testing, so LEP rebuilds these components as closely as possible to original specifications. With this approach, the...
Small Business Tax Benefits and the American Recovery and Reinvestment Act of 2009
In a bid to arrest a sharp downturn in the U.S. economy that is thought to have begun in late 2007, Congress passed and President Obama signed in February 2009 a bill to stimulate the economy known as the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). Among its many provisions, the act contains a variety of tax cuts and spending initiatives, whose estimated 10-year cost comes to $787 billion. The tax provisions account for 36% of that amount, or $285.6 billion. Most of this cost is due to tax benefits for individuals, as the 10-year cost of the business tax provisions...
Mandating Dealership Agreements for Automakers Receiving Federal Funds: Constitutional Analysis
Auto dealers, which act as intermediaries between automakers and final consumers, are independent businesses with contracts with the automakers. As General Motors Corporation (Old GM) and Chrysler LLC (Old Chrysler) have moved through bankruptcy restructuring, the presence of these dealer contracts has been an important issue. In order to allow the automakers to downsize and seek a more competitive business model, the bankruptcy courts allowed both Old Chrysler and Old GM to cut their dealership networks. This allowed the new entities that bought the assets of the bankrupt companies,...
Homosexuals and the U.S. Military: Current Issues
This report examines the "don't ask, don't tell," policy in the U.S. military. "Don't ask, don't tell," holds that the presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability. Service members are not to be asked about nor allowed to discuss their homosexuality.
Agricultural Research, Education, and Extension: Farm Bill Issues
The 110th Congress passed an omnibus farm bill (Food, Conservation, and Energy Act of 2008, P.L. 110-246) to authorize and direct the implementation of the U.S. Department of Agriculture’s (USDA’s) major programs across the spectrum of its mission areas through FY2012. The enacted bill reorganizes the Department’s Research, Education, and Economics mission area, which currently comprises four agencies that separately administer intramural and extramural programs supporting agricultural research and development (R&D).
The research title of P.L. 110-246 (Title VII) classifies all current...
Peru: Current Conditions and U.S. Relations
Peru shows promising signs of economic and political stability and the inclination to work with the United States on mutual concerns. President Alan García is, however facing challenging times during this, the third year of his five-year term. Widespread social unrest has increased as growing inflation combines with unmet expectations that social conditions for Peru’s poorest citizens would improve with Peru’s economic growth. Peru’s economy has been stronger than virtually all other Latin American economies since 2001. Peru’s poverty rates have been dropping since 2000, but still...
The Unified Agenda: Implications for Rulemaking Transparency and Participation
The Obama Administration has launched an initiative to make the policymaking process more open and transparent, and has asked for comments from the public on how the rulemaking process in particular can be improved in these respects. Some observers have concluded that the most critical part of that process occurs before a proposed rule is published in the Federal Register, and (for significant rules) possibly even earlier—before the rule is approved by the issuing agency and submitted to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for...
Consideration of Budgetary Legislation During Presidential Transition Years: A Brief Overview
When a presidential transition occurs, the incoming President usually submits the budget for the upcoming fiscal year (under current practices) or revises the budget submitted by his predecessor (under past practices). Under either circumstance, the details of the President’s budgetary proposals typically are provided to Congress about two months later than would be the case in a non-transition year. Consequently, concerns arise over the potential impact of delayed budget submission on the timetable for budgetary actions taken by the House and Senate.
This report examines the timing of...
Mining on Federal Lands: Hardrock Minerals
Mining of hardrock minerals on federal lands is governed primarily by the General Mining Law of 1872. The law grants free access to individuals and corporations to prospect for minerals in public domain lands, and allows them, upon making a discovery, to stake (or “locate”) a claim on that deposit. A claim gives the holder the right to develop the minerals and may be “patented” to convey full title to the claimant. A continuing issue is whether this law should be reformed, and if so, how to balance mineral development with competing land uses.
The right to enter the public domain and...
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
On June 11, 2009, the House and Senate Appropriations Committees announced a conference agreement on H.R. 2346, a bill providing supplemental appropriations for the remainder of FY2009. The House passed the conference report (226 to 202) on June 16; the Senate passed it (91 to 5) on June 18. President Obama signed it into law (P.L. 111-32) on June 24.
On key issues, the agreement includes: $5 billion, as in the Senate bill, to support U.S. loans to the International Monetary Fund, does not include a Senate provision allowing the Secretary of Defense to exempt photos of military detainees...
Labor, Health and Human Services, and Education: FY2009 Appropriations
This report tracks FY2009 appropriations for the Departments of Labor, Health and Human Services, Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and 13 related agencies. The report, which will not be further updated, summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
President George W. Bush’s FY2009 budget request to Congress, including amendments, proposed $147.4 billion in discretionary L-HHS-ED funds; the comparable FY2008 amount was $148.6 billion. The Senate...
The Worker Adjustment and Retraining Notification Act (WARN)
Congress has passed legislation to facilitate the reemployment of workers who through no fault of their own are let go by their employers. Among these laws is the Worker Adjustment and
Retraining Notification (WARN) Act, P.L. 100-379, enacted in 1988. This report discusses the WARN Act in brief, especially as related to Congress's renewed interest in the Act due to the current financial crises and recession.
On May 26, 2009, Judge Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit was nominated to replace retiring U.S. Supreme Court Justice David H. Souter. During her tenure with the Second Circuit, Judge Sotomayor has not addressed substantive legal questions involving abortion, such as the extent of the Constitution’s protection of a woman’s right to choose. Judge Sotomayor has, however, authored opinions that have considered the impact of foreign funding restrictions on domestic nonprofit organizations that promote abortion, discussed the effect of forced abortions and...
When Financial Businesses Fail: Protection for Account Holders
After the onset of the current financial crisis and economic contraction, the 111th Congress increased some of the long-standing provisions that protect account holders from risk. Specifically, provisions in the Emergency Economic Stabilization Act of 2008 (EESA; P.L. 110-343) and the Helping Families Save Their Homes Act of 2009 (HFSTHA; P.L. 111-22) increased account holders’ protection. Both laws raised the maximum deposit account insurance to $250,000, and the HFSTHA extended the higher level of risk protection until 2013.
Lawmakers have long recognized the importance of protecting...
Iran’s 2009 Presidential Elections
On June 12, 2009, following a heated campaign between reformist candidate Mir Hussein Musavi and incumbent President Mahmoud Ahmadinejad, Iranians turned out in record numbers to vote in the presidential election. Shortly after the polls closed, the Interior Minister announced that President Ahmadinejad had been reelected by a 62% margin. The announcement was followed by allegations of vote rigging and election fraud and prompted supporters of leading reformist candidate Mir Hussein Musavi and others to hold public demonstrations in several major cities of a size and intensity...
The Federal Role in Rail Transit Safety
On June 22, 2009, two transit trains in Washington, DC, collided, resulting in nine deaths and dozens of injuries. It was the worst crash in the history of the Washington Metropolitan Area Transit Authority's rail transit system. This crash has raised questions about the safety of rail transit and the government's role in ensuring that safety. Nationwide, rail transit is considered one of the safest modes of transportation. This report discusses the State Safety Oversight Program, which went into effect in 1997 and mandates that states are responsible for the safety of the rail transit...
Troop Levels in the Afghan and Iraq Wars, FY2001-FY2012: Cost and Other Potential Issues
In February and March 2009, the Obama Administration announced its plans to increase troop levels in Afghanistan and decrease troop levels in Iraq. In Afghanistan, 30,000 more troops are deploying this year while in Iraq, troops will gradually decline to 35,000 to 50,000 by August 31, 2011 with all troops to be out of Iraq by December 31, 2011. The most commonly cited measure of troop strength is “Boots on the Ground” or the number of troops located in Afghanistan and in Iraq. Based on average monthly Boots on the Ground figures, the number of troops in Afghanistan and Iraq increased from...
Kyrgyzstan and the Status of the U.S. Manas Airbase: Context and Implications
In February 2009, Kyrgyzstan announced that it was terminating an agreement permitting U.S. forces to upgrade and use portions of the Manas international airport near the capital of Bishkek to support coalition military operations in Afghanistan. U.S. forces faced leaving the airbase by late August 2009. Major U.S. concerns included working out alternative logistics routes and support functions for a surge in U.S. and NATO operations in Afghanistan and possibly cooler security ties with Kyrgyzstan that could set back U.S. counter-terrorism efforts and other U.S. interests in Central Asia....
Financing Catastrophic Risk: Summary of the Homeowners' Defense Act of 2009 (S. 505 and H.R. 2555)
This report discusses the drastic increase in demand for homeowners' insurance in Atlantic and Gulf Coast states following the devastation of Hurricane Katrina in 2005. This report also discusses various measures and efforts underway to enhance insurer capacity, pursue alternative forms of risk transfer, and create a national catastrophe financing facility, the last of which is an issue under considerable debate.
Agriculture and Related Agencies: FY2009 Appropriations
The Agriculture appropriations bill includes all of the U.S. Department of Agriculture (USDA) except the Forest Service, plus the Food and Drug Administration (FDA). The Commodity Futures Trading Commission (CFTC) appropriation also has been enacted with the Agriculture appropriations bill, even though jurisdiction in the Senate for CFTC funding moved to the Financial Services appropriations subcommittee in FY2008.
An FY2009 Omnibus Appropriations Act, P.L. 111-8, was enacted on March 11, 2009, more than five months after the beginning of the fiscal year. A continuing resolution had...
America COMPETES Act: Programs, Funding, and Selected Issues
The America COMPETES Act (P.L. 110-69) became law on August 9, 2007. The act responds to concerns that the United States may not be able to compete economically with other nations in the future due to insufficient investment today in science and technology research and science, technology, engineering, and mathematics (STEM) education and workforce development. The America COMPETES Act is intended to increase the nation’s investment in science and engineering research and in STEM education from kindergarten to graduate school and postdoctoral education. It is designed to focus on two...
In August 2007, Congress authorized the establishment of the Advanced Research Projects Agency - Energy (ARPA-E) within the Department of Energy (DOE) as part of the America COMPETES Act (P.L. 110-69). Modeled on the Defense Advanced Research Projects Agency (DARPA), ARPA-E would support transformational energy technology research projects with the goal of enhancing the nation’s economic and energy security.
Congress authorized $300 million for ARPA-E in FY2008 and “such sums as are necessary” for FY2009 and FY2010. Congress subsequently appropriated no funds for FY2008. The Bush...
Some policymakers have concluded that the energy challenges facing the United States are so critical that a concentrated investment in energy research and development (R&D) should be undertaken. The Manhattan project, which produced the atomic bomb, and the Apollo program, which landed American men on the moon, have been cited as examples of the success such R&D investments can yield. Investment in federal energy technology R&D programs of the 1970s, in response to two energy crises, have generally been viewed as less successful than the earlier two efforts. This report compares and...
Federally Funded Innovation Inducement Prizes
Since at least the 18th century, philanthropic organizations, industry, governments, and nongovernmental organizations throughout the world have offered many different kinds of prizes with a variety of objectives to reward accomplishments in science and technology. In the United States, Congress authorized most of today’s federally-funded innovation inducement prizes beginning with the 108th Congress (2003). This analysis focuses on federally-funded “innovation inducement prizes,” which are sponsored by federal organizations and designed to encourage scientists and engineers to pursue...
Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment
This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches. It then addresses the scope of the government's constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches. This report does not address interior searches and seizures performed by immigration personnel since they are not traditional...
Debate and Motions on the House Floor: Allocation of Time
One of the most defining aspects of consideration of measures in the House and Committee of the Whole is that time is always controlled. There is virtually no circumstance under which a Member speaks on the floor without first knowing in advance how long has been allocated. Ranging from one minute or less to 60 minutes, debate limitations exist on all aspects of floor consideration.
This report, one of a series on legislative process, addresses time limitations associated with selected House floor procedures. Actions that are not debatable, such as the motion to adjourn, the motion to...
The Fourth Amendment protects individuals from unreasonable searches and seizures. What a court determines to be “reasonable” depends on the nature of the search and its underlying governmental purpose.
This report provides an analysis of the U.S. Supreme Court’s 2009 decision, Safford Unified School District #1 v. Redding, which addressed the constitutionality of a strip search of a 13-year-old middle school student. Based on the facts of the case, the Court held that the school’s search of a student’s book bag and outer clothing was in accordance with the Fourth Amendment. However, as a...
Financing the U.S. Trade Deficit: Role of Foreign Governments
The nation’s trade deficit is equal to the imbalance between national investment and national saving. National saving is the sum of household saving, business saving, and public sector saving (a budget deficit equals public sector borrowing). Over the period 2001-2006, the gap between national saving and investment widened, largely because of a fall in private and public saving, causing the trade deficit to widen. (It declined somewhat in both 2007 and 2008 relative to GDP.) To finance the trade deficit, foreign capital must flow into the United States.
Net private capital inflows have not...
Summary of State Breastfeeding Laws and Related Issues
The practice of breastfeeding has expanded in recent years. Various legal issues have accompanied this development. The primary legal issues concern: 1) the ability of working mothers to breastfeed their children and/or to express milk during working hours; and 2) nursing and/or the expression of milk in public or semi-public places such as restaurants, public transportation facilities, and other locations where the public is present. Certain states have enacted legislation addressing breastfeeding in the workplace and exempting nursing mothers from laws dealing with indecent exposure...
Adequate Yearly Progress (AYP): Growth Models Under the No Child Left Behind Act
A key concept embodied in the accountability provisions of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110), is that of adequate yearly progress (AYP). In order to be eligible for grants under ESEA Title I, Part A—Education for Disadvantaged Pupils—states must implement AYP policies applicable to all public schools and local educational agencies (LEAs), based primarily on the scores of pupils on state assessments. Schools or LEAs that fail to meet AYP standards for two or more consecutive years face a variety of...
Energy Efficiency in Buildings: Critical Barriers and Congressional Policy
Federal policymakers are debating a range of potential initiatives to limit U.S. emissions of carbon dioxide (CO2). The American Clean Energy and Security Act of 2009 (H.R. 2454), for example, would set a target of reducing U.S. greenhouse gas emissions, including CO2 emissions, 17% below 2005 levels by 2020. In the electricity industry, increasing the energy efficiency of buildings is viewed by many as the measure with the greatest potential to reduce CO2 emissions quickly and at relatively low cost. In light of the efficiency initiatives the federal government has taken since the 1970s,...
The 2009 Influenza Pandemic: U.S. Responses to Global Human Cases
In April 2009, a novel influenza virus began to spread around the world. The World Health Organization (WHO) refers to the virus as Influenza A(H1N1). The U.S. Centers for Disease Control and Prevention (CDC) and other Administration officials refer to it as 2009 H1N1 flu. Throughout this report, the virus is referred to as H1N1. The virus does not appear to be as lethal as H5N1 avian influenza—which reemerged in 2005—but is slightly more lethal than seasonal flu. Although the virus has been characterized as a pandemic, researchers can not predict how virulent the virus will be ultimately....
Congressional Budget Resolutions: Consideration and Amending in the Senate
Title III of the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688) (“the Budget Act”), as amended, provides for the adoption of an annual concurrent resolution on the budget (“budget resolution”) by Congress. The Budget Act includes provisions governing the consideration and amending process of the budget resolution, such as establishing points of order, setting time limits on certain motions, amendments, and the budget resolution itself, and restricting the content of amendments.
This report highlights some of the Budget Act’s budget resolution provisions,...
Civil Rights of Individuals with Disabilities: The Opinions of Judge Sotomayor
Judge Sonia Sotomayor was nominated by President Obama to the U.S. Supreme Court on May 26, 2009. This report examines selected opinions written by Judge Sotomayor relating to the civil rights of individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), and the Individuals with Disabilities Education Act (IDEA). In addition, selected dissents, concurrences, and decisions where Judge Sotomayor joined the majority...
Iran: U.S. Concerns and Policy Responses
Much of the debate over U.S. policy toward Iran has centered on the nature of the current regime; some believe that Iran, a country of about 70 million people, is a threat to U.S. interests because hardliners in Iran's regime dominate and set a policy direction
intended to challenge U.S. influence and allies in the region. President George W. Bush, in his January 29, 2002, State of the Union message, labeled Iran part of an "axis of evil" along with
Iraq and North Korea. This report discusses the political history of Iran, U.S. strategy in Iran, and the Obama Administration's policies...
The DHS Directorate of Science and Technology: Key Issues for Congress
The Directorate of Science and Technology is the primary organization for research and development (R&D) in the Department of Homeland Security (DHS). With an appropriated budget of $932.6 million in FY2009, it conducts R&D in several laboratories of its own and funds R&D conducted by other government agencies, the Department of Energy national laboratories, industry, and universities. The directorate consists primarily of six divisions: Chemical and Biological; Explosives; Command, Control, and Interoperability; Borders and Maritime Security; Infrastructure and Geophysical; and Human...
Carbon Capture and Sequestration (CCS)
Carbon capture and sequestration (or storage) - known as CCS - has attracted interest as a measure for mitigating global climate change because large amounts of carbon dioxide (CO2) emitted from fossil fuel use in the United States are potentially available to be captured and stored underground or prevented from reaching the atmosphere. Congressional interest has grown in CCS as part of legislative strategies to address climate change. The large and rapid influx of funding for industrial-scale CCS projects may accelerate
development and deployment of CO2 capture technologies.
The Labor Market During the Great Depression and the Current Recession
A good deal of commentary has addressed similarities between the recession that began in December 2007 and the Great Depression. Comparisons between the two have extended beyond conditions in financial markets to conditions in the labor market. The analogy appears to be fueled by projections that the unemployment rate could reach double digits in the coming months.
Little if any comparative labor market research has been undertaken, however. To address the situation, this report analyzes the experiences of workers during the 1930s, which encompassed the almost five years of the Great...
The Transition to Digital Television: Is America Ready?
The Deficit Reduction Act of 2005 (P.L. 109-171), as amended by the DTV Delay Act, directed that on June 12, 2009, all over-the-air full-power television broadcasts—which were previously provided by television stations in both analog and digital formats—would become digital only. Digital television (DTV) technology allows a broadcaster to offer a single program stream of high definition television (HDTV), or alternatively, multiple video program streams (multicasts). Households with over-the-air analog-only televisions will no longer be able to receive full-power television service unless...
Medicaid and the State Children’s Health Insurance Program (CHIP): FY2010 Budget Issues
The President is required each year to submit a comprehensive federal budget proposal to Congress before the first Monday in February. The House and Senate Budget Committees then develop their respective budget resolutions. Based on these budget resolutions, House and Senate Appropriations committees reconcile their budget resolutions and file a joint budget agreement. Although not binding, the resolution provides a framework for consideration of the 12 separate appropriations bills that would fund FY2010 federal spending, beginning October 1, 2009.
In presidential transition years, the...
Mongolia and U.S. Policy: Political and Economic Relations
Mongolia’s political scene remains democratic but volatile, with the MPRP able to maintain an uneasy dominance. In legislative elections on June 29, 2008, the MPRP increased its legislative margin to 47 seats (up from 39) out of a total of 76 seats, followed by the Democratic Party with 25 seats. After Democratic Party Chairman Tsakhya Elbegdorj declared the elections to have been fraudulent, demonstrators attacked MPRP headquarters in Ulaanbaatar, causing the government to declare a four-day state of emergency in the capital. Ultimately, the MPRP invited the opposition to join in yet...
East Timor: Political Dynamics, Development, and International Involvement
The situation in the Democratic Republic of Timor-Leste, which is also known as simply Timor-Leste or East Timor, is relatively calm compared with recent periods of political strife and insurrection. That said, some underlying tensions, such as with the security sector, remain to be resolved. Timor-Leste faces many serious challenges as it seeks to establish a stable democracy and develop its economy. Prior to 2006 the international community’s main concern focused on possible tensions in East Timor’s relations with Indonesia. Since 2006 the main threat to East Timor has been internal...
The resolution of inquiry is a simple House resolution that seeks factual information from the executive branch. Such resolutions are given privileged status under House rules and may be considered at any time after being properly reported or discharged from committee. Such resolutions apply only to requests for facts—not opinions—within an Administration’s control. This report explains the history, procedure, specific uses of resolutions of inquiry, and notes recent increases in their usage.
The examples in this report demonstrate that, historically, even when a resolution of inquiry is...
Haiti: Current Conditions and Congressional Concerns
Haiti shares the island of Hispaniola with the Dominican Republic. Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, extreme poverty, and underdevelopment. While some progress has been made in developing democratic institutions, they remain weak. Economic and social stability have improved considerably. But poverty remains massive and deep, and economic disparity is wide.
In May 2006, René Préval began his second five-year term as President of Haiti. During his first two years in office, Préval began to...
The President makes appointments, with the advice and consent of the Senate, to some 151 full-time leadership positions on 33 federal regulatory and other collegial boards and commissions. This appointment process consists of three distinct stages: selection, clearance, and nomination by the President; consideration by the Senate; and appointment by the President. These advice and consent positions can also temporarily be filled by the President alone through a recess appointment. Membership positions on this set of collegial bodies often have fixed terms, and incumbents are often...
Prescription Drug Importation: How S. 1232 (S. 525/H.R. 1298) Would Change Current Law
Current law prohibits the importation of a prescription drug by anyone other than its manufacturer. S. 1232 would amend the Federal Food, Drug, and Cosmetic Act to change that. It would allow commercial and personal-use importation. The legislation would create a detailed set of procedures to address concerns relating to the safety and effectiveness of imported drugs, cost savings to U.S. consumers, and administration of the program. S. 1232 contains the same text as previously introduced S. 525 and H.R. 1298.
The Supreme Court issued its decision in Altria Group., Inc. v. Good on December 15, 2008. The Court, by a vote of 5-4, held that the Federal Cigarette Labeling and Advertising Act (FCLAA) neither expressly nor impliedly preempted state law claims of fraud. In this decision the Court examined the preemptive effect of section 5(b) of the act (15 U.S.C. §1334(b)) with regard to the claim that light or low-tar nicotine descriptors in cigarette advertising violated the Maine Unfair Trade Practices Act. The decision resolved a split between the circuits—the First Circuit Court of Appeals had...
Paperwork Reduction Act (PRA): OMB and Agency Responsibilities and Burden Estimates
Federal agencies often collect information from the public to accomplish their missions, but those information collection requirements can also impose a substantial paperwork burden on the public. The Paperwork Reduction Act (PRA) (44 U.S.C. §§ 3501-3520) established the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) to provide central agency leadership and oversight of government-wide efforts to reduce unnecessary paperwork burden and improve the management of information resources. The PRA’s scope is very broad, both in terms of the...
North Korean Counterfeiting of U.S. Currency
The United States has accused the Democratic People’s Republic of Korea (DPRK or North Korea) of counterfeiting U.S. $100 Federal Reserve notes (Supernotes) and passing them off in various countries, although there is some doubt by observers and other governments that the DPRK is capable of creating Supernotes of the quality found. What has been confirmed is that the DPRK has passed off such bills in various countries and that the counterfeit bills circulate both within North Korea and around its border with China. Defectors from North Korea also have provided information on Pyongyang’s...
Employment-Based Health Coverage and Health Reform: Selected Legal Considerations
It is estimated that nearly 170 million individuals have employer-based health coverage. As part of a comprehensive health care reform effort, there has been support (including from the Obama Administration) in enacting comprehensive health insurance reform that retains the employer-based system. This report presents selected legal considerations inherent in amending two of the primary federal laws governing employer-sponsored health care: the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC).
The Global Peace Operations Initiative: Background and Issues for Congress
In its May 2009 budget request for FY2010, the Obama Administration has requested $96.8 million for the Global Peace Operations Initiative (GPOI). GPOI was established in mid-2004 as a five-year program with intended annual funding to total $660 million from FY2005 through FY2009. (Actual funds allocated to the GPOI program from FY2005 through FY2009 totaled, as of April 2009, some $480.4 million.) The centerpiece of the Bush Administration’s efforts to prepare foreign security forces to participate in international peacekeeping operations, GPOI’s primary purpose has been to train and...
Service by a Member of Congress in the U.S. Armed Forces Reserves
The Incompatibility Clause of the U.S. Constitution states that “no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.” This provision is generally understood to ensure the separation of powers by preventing Members of Congress from serving in two government posts at one time. The prohibition on simultaneous service in multiple offices of the government prevents the individual from exercising influence of one branch while serving in the office of another. To avoid related constitutional violations, Members generally are...
The Budget Resolution and Spending Legislation
The budget resolution sets forth aggregate levels of spending, revenue, and public debt. It is not intended to establish details of spending or revenue policy and does not provide levels of spending for specific agencies or programs. Instead, its purpose is to create enforceable parameters within which Congress can consider legislation dealing with spending and revenue.
The spending policies in the budget resolution encompass two types of spending legislation: discretionary spending and direct (mandatory) spending. Discretionary spending is controlled through the appropriations process....
Financial Market Turmoil and U.S. Macroeconomic Performance
Lending in credit markets requires confidence in the borrowers' ability to repay the debt (principal and interest) in full and on schedule. The current turmoil in U.S. financial markets is the result of a breakdown in that necessary confidence. A number of indicators have pointed to a substantial rise in the cost of credit and a decrease in the flow of credit to the broader economy. Economic policy may be needed to get credit flowing smoothly again and to mitigate the damage incurred by households and non-financial businesses. Three types of policy response exist and are being applied in...
Water Issues of Concentrating Solar Power (CSP) Electricity in the U.S. Southwest
As the 111th Congress considers energy and climate legislation, the land and water impacts of renewable technologies are receiving greater attention. The cumulative impact of installing numerous thermoelectric power plants on the water resources of the Southwest, a region with existing water constraints, raises policy questions.
Solar Abundance and Water Constraints Converge. Many Southwest counties are premium locations for siting solar electricity facilities, but have constrained water supplies. One policy question for local, state, and federal decision-makers is whether and how to...
S.Con.Res. 13: The Budget Resolution for FY2010
The Congressional Budget Act establishes the budget resolution as a central coordinating mechanism for budgetary decision making. The budget resolution sets forth aggregate levels of spending, revenue, and public debt. It is not intended to establish details of spending or revenue policy and does not provide levels of spending for specific agencies or programs. Instead, its purpose is to create enforceable parameters within which Congress can consider legislation dealing with spending and revenue.
The spending policies in the budget resolution encompass two types of spending legislation:...
Changes to the Consultation Regulations of the Endangered Species Act (ESA)
The Endangered Species Act (ESA) requires all federal agencies to consult with either the Fish and Wildlife Service or the National Marine Fisheries Service (the Services) to determine whether their actions may jeopardize the continued existence of a listed species or destroy or adversely modify designated critical habitat of listed species. In August 2008, FWS and NMFS proposed changes to the regulations that address the consultation process. Final regulations were published December 16, 2008, and took effect on January 15, 2009. On May 4, 2009, those regulations were withdrawn and the...
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is the largest source for U.S. imports, accounting for a 16% of total U.S. imports in 2008. China is a dominant supplier of many imported consumer products. For example, 90% of U.S. toy imports come from China. Numerous reports of unsafe products from China over the past few years, including seafood, pet food, toys, tires, drywall, and medicines have raised concern in the United States over the health, safety, and quality of imported Chinese products. The United States and China have sought to boost cooperation on health and safety issues. For example, China agreed to boost efforts...
The Role of the Department of Defense During A Flu Pandemic
A flu pandemic is a worldwide epidemic of an influenza virus. As such, the United States’ response to a flu pandemic would have both international and domestic components. Additionally, the domestic response effort would include contributions from every governmental level (local, state, tribal, and federal), non-governmental organizations, and the private sector. This report will focus largely on the role of the Department of Defense (DOD) in supporting the nation’s domestic response effort, although it will also touch on DOD’s international role.
The Department of State would lead the...
Military Installation Real Property and Services: Proposed Legislation in the 111th Congress
Several bills (S. 590, H.R. 1959, and H.R. 2295) that would modify or expand statutory authorities granted to senior executives of the Department of Defense (DOD) have been introduced to the 111th Congress. These authorities relate to the exchange of real property, the outsourcing of some military installation support services, and the reimbursement by DOD of some costs associated with military site cleanup. The proposed legislation would also amend the Defense Base Closure and Realignment Act of 1990, the BRAC law, to expand existing legal protections granted to those who have taken title...
Comprehensive Nuclear-Test-Ban Treaty: Updated “Safeguards” and Net Assessments
Limitations on nuclear testing have been on the international agenda since 1954. The United States ratified one such treaty in 1963 and two in 1990 that together bar all but underground nuclear tests with an explosive yield of 150 kilotons or less. The United States has observed a unilateral moratorium on nuclear tests since 1992. In 1996, this nation signed the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which would ban all nuclear explosions.
The Senate rejected the CTBT in 1999. That debate focused on such pros and cons as whether the United States could maintain its nuclear weapons...
Freight Issues in Surface Transportation Reauthorization
Economic growth and global trade have led to dramatic increases in goods movement over the past few decades. Despite current economic woes, this trend is expected by many to continue over the long term. The growth in freight transportation demand, in tandem with growing demand on the passenger side, has caused congestion in many parts of the transportation system, making freight movements generally slower and, in some instances, less reliable. Many observers argue that unless there are significant and focused increases in freight infrastructure investment, the freight system will become...
Cuban Migration to the United States: Policy and Trends
Many of the issues surrounding Cuban migration are unique but not new. Normal immigration from Cuba has been elusive since Fidel Castro came to power. Over the past 50 years, the practice of Cubans fleeing by boat to the United States has become commonplace, and at some points reached the levels of a mass exodus. Since the last upsurge of “boat people” in the mid-1990s, the United States and Cuba worked toward establishing safe, legal immigration, which includes returning migrants interdicted by the U.S. Coast Guard. These migration policies, however, are not without critics.
The...
U.S. Motor Vehicle Industry: Federal Financial Assistance and Restructuring
This report focuses on the current situation faced by the Detroit 3, key aspects of their current crisis, including possible consequences of a failure of one or more companies, and some aspects of legislative actions that have been considered to bridge their financial conditions to a more stable situation.
Hiring and Pay Authorities for Federal Scientific and Technical (S&T) Personnel
In recent decades, the federal government has made many efforts to recruit and retain scientists, engineers, and technical workers, who otherwise may find a more attractive environment in the private and nonfederal sectors. As a group, these science and technology (S&T) personnel may be called the federal S&T workforce. A large subset of the S&T workforce is composed of scientific and engineering (S&E) personnel. By one count, the federal government employs over 200,000 scientists and engineers.
Several factors have contributed to concerns about the federal S&T workforce. These include...
Interior, Environment, and Related Agencies: FY2009 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for two agencies within other departmentsthe Forest Service within the Department of Agriculture and the Indian Health Service (IHS) within the Department of Health and Human Services. It also includes funding for arts and cultural agencies, the Environmental Protection Agency, and numerous other entities.
On February 17, 2009, the President signed the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, H.R. 1)....
FDA Tobacco Regulation: The Family Smoking Prevention and Tobacco Control Act of 2009
The 111th Congress is considering legislation that would give the Food and Drug Administration (FDA) broad new statutory authority to regulate the manufacture and marketing of cigarettes and smokeless tobacco products under the Federal Food, Drug, and Cosmetic Act (FFDCA). On April 2, 2009, the House passed the Family Smoking Prevention and Tobacco Control Act (H.R. 1256; H.Rept. 111-58, part 1 and 2). On May 20, the Senate Committee on Health, Education, Labor and Pensions approved an almost identical bill (S. 982). Similar legislation was first introduced in the 108th Congress and passed...
The State Secrets Privilege and Other Limits on Litigation Involving Classified Information
This report provides an overview of the protections afforded to government organizations and officials by the state secrets privilege. The state secrets privilege, derived from common law, is an evidentiary privilege that allows the government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States.
Medicare: Financing the Part A Hospital Insurance Program
Medicare is the nation’s health insurance program for individuals aged 65 and over and certain disabled persons. Medicare consists of four distinct parts: Part A or Hospital Insurance (HI); Part B or Supplementary Medical Insurance (SMI); Part C or Medicare Advantage (MA); and Part D, the prescription drug benefit. The Part A program is financed primarily through payroll taxes levied on current workers and their employers; these are credited to the HI trust fund. The Part B program is financed through a combination of monthly premiums paid by current enrollees and general revenues. Income...
USAID’s Office of Transition Initiatives After 15 Years: Issues for Congress
The Office of Transition Initiatives (OTI) at the U.S. Agency for International Development (USAID) was created in 1994 to bridge the gap between emergency disaster relief programs and long-term development assistance. The program is relatively small, with regular appropriations averaging $40-$60 million annually and a full-time staff of about 50. Supplemental funding and transfers from other foreign assistance accounts, particularly through the Iraq Relief and Reconstruction Fund, have at times substantially increased the program’s funding levels. Congress may take particular interest in...
For FY2003-FY2009, a rider on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations has prohibited that agency from disclosing firearm trace data (based on firearm transfer records maintained in part by licensed gun dealers) and multiple handgun sales reports data for any purpose other than supporting a criminal investigation or agency licensing proceeding. This rider is known as the “Tiahrt” amendment, for its sponsor in full committee markup of the FY2004 Commerce-Justice-State appropriations bill, Representative Todd Tiahrt. A coalition of 210 city mayors led by...
Science and Technology Policymaking: A Primer
Scientific and technical knowledge and guidance influences not just policy related to science and technology, but also many of today’s public policies as policymakers seek knowledge to enhance the quality of their decisions. Science and technology policy is concerned with the allocation of resources for and encouragement of scientific and engineering research and development, the use of scientific and technical knowledge to enhance the nation’s response to societal challenges, and the education of Americans in science, technology, engineering, and mathematics.
Science and engineering...
U.S. Civilian Space Policy Priorities: Reflections 50 Years After Sputnik
The “space age” began on October 4, 1957, when the Soviet Union (USSR) launched Sputnik, the world’s first artificial satellite. Some U.S. policymakers, concerned about the USSR’s ability to launch a satellite, thought Sputnik might be an indication that the United States was trailing behind the USSR in science and technology. The Cold War also led some U.S. policymakers to perceive the Sputnik launch as a possible precursor to nuclear attack. In response to this “Sputnik moment,” the U.S. government undertook several policy actions, including the establishment of the National Aeronautics...
The No Child Left Behind Act: An Overview of Reauthorization Issues for the 111th Congress
Most programs of federal aid to K-12 education are authorized by the Elementary and Secondary Education Act (ESEA). The ESEA was most recently amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB). The authorization for ESEA programs expired at the end of FY2008, although ESEA programs continue to operate as long as appropriations are provided, and the 111th Congress is expected to consider whether to amend and extend the ESEA.
Debates over reauthorization of the ESEA have thus far focused on the following overarching issues: (1) What has been the impact of the...
Mexico’s Drug-Related Violence
Drug-related violence in Mexico has spiked in recent years as drug trafficking organizations (DTOs) have competed for control of smuggling routes into the United States. Drug trafficking issues are prominent in Mexico because the country has for at least four decades been among the most important producers and suppliers of heroin, marijuana and (later) methamphetamine to the U.S. market. Today it is the leading source of all three drugs and is now the leading transit country for cocaine coming from South America to the United States. Although previous Mexican governments had accommodated...
Political Turmoil in Thailand and U.S. Interests
Thailand has been destabilized by years of political turmoil since a military coup deposed Prime Minister Thaksin Shinawatra in September 2006. Mass demonstrations on both sides of the political divide have disrupted tourism and business in the kingdom, and twice forced the postponement of an international Asian leaders’ summit. Since late 2008, a new coalition government has struggled to hold on to power by offering conciliatory gestures to the opposition and avoiding a violent military crackdown. This report examines the government’s performance, the role of the military, Thaksin’s...
Federal Research and Development Funding: FY2009
In February 2008, President Bush proposed total research and development (R&D) funding of $147.0 billion in his FY2009 budget request to Congress, a $3.9 billion (2.7%) increase over the estimated FY2008 level of $143.1 billion. President Bush’s request included $29.3 billion for basic research, up $847 million (3.0%) from FY2008; $27.1 billion for applied research, down $1.0 billion (-3.6%); $84.0 billion for development, up 1.6 billion (1.9%); and $6.5 billion for R&D facilities and equipment, up $2.5 billion (61.7%).
In the absence of final action on the regular FY2009 appropriations...
Medicare’s Recovery Audit Contractor (RAC) Program: Background and Issues
Recovery Audit Contractors, or RACs, are private organizations that contract with the Centers for Medicare and Medicaid Services (CMS) to identify and collect improper payments made in Medicare’s fee-for-service (FFS) program. CMS projects improper FFS payments to amount to approximately $10.4 billion or 3.6% of all paid Medicare claims in 2008. Congress originally required the Secretary of the Department of Health and Human Services to conduct a three-year demonstration program using RACs in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA, P.L. 108-173). In...
Direct-to-Consumer Advertising of Prescription Drugs
A phenomenon that has become more and more important over the last decade, direct-to-consumer (DTC) advertising has grown from about $800 million in 1996 to over $4.7 billion in 2007. Its supporters point to more informed consumers who then visit their doctors and become more involved in their own treatment, leading to better and earlier diagnosis of undertreated illnesses. The critics believe that industry’s presentation of the balance of drug benefit and risk information may encourage the inappropriate use of advertised products and lead to higher than necessary spending. In addition to...
Summary of the Employee Retirement Income Security Act (ERISA)
Due to the recent economic decline and the desire to enact large-scale health reform, the current federal regulation of pension plans, health plans, and other employee benefit plans has received considerable congressional attention. The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by private-sector employers. ERISA contains various provisions intended to protect the rights of plan participants and beneficiaries in employee benefit plans. These protections include...
Overview of the Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, prohibits discrimination by air carriers against individuals with disabilities. Public attention regarding an airplane passenger who traveled while infected with Extensively Drug Resistant Tuberculosis (XDR-TB) in 2007 raised questions regarding the ACAA’s requirements and guarantees. Additionally, public concern about the 2009 influenza A(H1N1) outbreak may increase congressional interest in air travel regulations. This report briefly discusses the ACAA’s statutory provisions, accompanying regulations, relevant judicial opinions, and...
On June 2, 2008, the U. S. Supreme Court, in United States v. Santos (No. 06-1005), vacated convictions of the operator of an illegal lottery and one of his runners who had been charged with conducting financial transactions involving the “proceeds” of an illegal gaming business in violation of 18 U.S.C. § 1956. The ruling is that “proceeds,” as used in this money laundering statute, means “profits” rather than “gross receipts” of the underlying unlawful activity. The decision combines a plurality opinion interpreting the word “proceeds” in the statute to mean “profits” and a concurring...
Implications of Reactivating the Dairy Export Incentive Program (DEIP)
U.S. dairy farmers are facing low returns in 2009 following a sharp decline in milk prices since late 2008 and continuation of relatively high feed costs that have adversely affected their businesses. Organizations representing dairy farmers are seeking assistance to deal with the situation. Among the requests has been the reactivation of the Dairy Export Incentive Program (DEIP). The principal objective of the program is to develop export markets where the United States competes with exporters who subsidize their products, but DEIP could also increase the U.S. price of milk if enough...
If Congress establishes a greenhouse gas (GHG) emissions reduction program (e.g., cap-and-trade system), the treatment of GHG emission offsets would likely be a critical design element. If allowed as part of an emissions program, offsets could provide cost savings and other benefits. However, offsets have generated concern.
An offset is a measurable reduction, avoidance, or sequestration of GHG emissions from a source not covered by an emission reduction program. If allowed, offset projects could generate “emission credits,” which could be used by a regulated entity (e.g., power plant) to...
Middle East Elections 2009: Lebanon, Iran, Afghanistan, and Iraq
The strategic influence of Iran in the Middle East, the stability of Iraq, and the ongoing war in Afghanistan are at the forefront of U.S. policy and Congressional interest in the region. The Obama Administration and many Members of the 111th Congress are making decisions about the U.S. approach to the Middle East at a time when the consequences of recent decisions and events may constrain U.S. options. In 2009, key elections in Lebanon, Iran, Afghanistan, and Iraq could reshape regional dynamics and either complicate or advance U.S. policy goals in the Middle East.
This report provides an...
U.S.-Iraq Agreements: Congressional Oversight Activities and Legislative Response
On November 26, 2007, President Bush and Iraqi Prime Minister Nouri al Maliki co-signed the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America, which set out a number of issues concerning, among other things, a security agreement between the United States and Iraq. On November 17, 2008, the Bush Administration concluded a security agreement providing the legal basis for the continued presence, operation, and eventual withdrawal of U.S. armed forces in Iraq once the U.N. Security Council mandate...
Summary of Waxman-Markey Draft Greenhouse Gas Legislation
A discussion draft of legislation to reduce greenhouse gas emissions was released March 31, 2009, by Representative Waxman, Chairman of the House Committee on Energy and Commerce, and Representative Markey, Chairman of the Energy and Environment Subcommittee. The draft legislation, titled the American Clean Energy and Security Act of 2009, proposes a “cap and trade” system to control carbon dioxide and other greenhouse gases that have been associated with global climate change.
The proposed cap-and-trade system would cover electric utilities and other entities that together are responsible...
Climate Change Litigation: A Survey
The scientific, economic, and political questions surrounding climate change have long been with us. This report focuses instead on a relative newcomer: the legal debate. Though the first court decision related to climate change appeared 19 years ago, such litigation has proliferated in just the past six. Representatives of some suing organizations and states acknowledge that a prime cause for this litigation surge was inaction by Congress and the executive branch during the George W. Bush Administration with regard to mandatory constraints on greenhouse gas (GHG) emissions.
The court...
Defense Production Act: Purpose and Scope
This report discusses the Defense Production Act (DPA) of 1950, which confers upon the President authority to force private industry to give priority to defense and homeland security contracts and to allocate the resources needed.
Increases in Tricare Costs: Background and Options for Congress
The Obama Administration’s Fiscal Year 2010 budget submission does not include any proposals to increase fees or copayments for Tricare beneficiaries. Previously, the FY2007, FY2008, and FY2009 budget submissions had proposed increases in Tricare enrollment fees, deductibles, and pharmacy co-payments for retired beneficiaries not yet eligible for Medicare. These actions were justified by DOD as necessary to constrain the growth of health care spending as an increasing proportion of the overall defense budget in the next decade. Congress passed legislation each year to prohibit the proposed...
War on Drugs: Reauthorization and Oversight of the Office of National Drug Control Policy
Located in the Executive Office of the President, the Director of the Office of National Drug Control Policy (ONDCP) is responsible for overseeing and coordinating the federal War on Drugs, preparing the National Drug Control Strategy, and running certain drug control programs, such as the High Intensity Drug Trafficking Areas (HIDTA) Program, the National Youth Anti-Drug Media Campaign, and the Drug-Free Communities Program.
The Senate Judiciary Committee held a confirmation hearing on the nomination of Seattle police chief R. Gil Kerlikowske to be Director of National Drug Control...
Medicaid and Outpatient Hospital Services
On September 28, 2007, a proposed Medicaid rule was published that would (1) change the definition of outpatient hospital and rural health clinic services and (2) change the methods states must use to demonstrate compliance with the federal upper payment limit on outpatient hospital services provided in private outpatient facilities. A number of groups have expressed concern that this rule will have a significant negative impact on coverage of certain services, which may harm Medicaid beneficiaries. On November 7, 2008, the Centers for Medicare and Medicaid Services (CMS) issued a final...
Evolution of the Senate’s Role in the Nomination and Confirmation Process: A Brief History
Article II, Section 2 of the Constitution states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Ministers and Counsels, Judges of the Supreme Court, and all Other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law....”
Exactly what the phrase “advice and consent” means in terms of distribution of power between the legislative and executive branches has been disputed almost since the beginning of the Republic. While some drafters of...
Science, Engineering, and Mathematics Education: Status and Issues
An important aspect of U.S. efforts to maintain and improve economic competitiveness is the existence of a capable scientific and technological workforce. A major concern of the 111th Congress may be regarding the future ability of the U.S. science and engineering base to generate the technological advances needed to maintain economic growth. Discussions have centered on the quality of science and mathematics education and training and on the scientific knowledge of those students entering other disciplines. Even students pursuing nonscientific and nonmathematical specialities are likely...
Future of the Balkans and U.S. Policy Concerns
The United States, its allies, and local leaders have achieved substantial successes in the Balkans since the mid-1990s. The wars in the region have ended, and all of the countries are undertaking political and economic reforms at home and orienting their foreign policies toward Euro-Atlantic institutions. However, difficult challenges remain, including dealing with the impact of Kosovo’s independence; fighting organized crime, corruption, and enforcing the rule of law; bringing war criminals to justice; and reforming the economies of the region.
The goal of the United States and the...
U.S. commercial ties with France are extensive, mutually profitable, and growing. With over $1.35 billion in commercial transactions taking place between the two countries every day of the year, each country has an increasingly large stake in the health and openness of the other’s economy.
France is the eighth largest merchandise trading partner for the United States and the United States is France’s largest trading partner outside the European Union. More than half of bilateral trade occurs in major industries such as aerospace, pharmaceuticals, medical and scientific equipment,...
The Senate frequently enters into unanimous consent agreements (sometimes referred to as “UC agreements” or “time agreements”) that establish procedures for the consideration of legislation that the Senate is considering or will soon consider. In recent practice, such unanimous consent agreements have sometimes included a provision that would require a 60-vote threshold to be met for amendments or legislation to be considered agreed to, rather than the simple majority ordinarily required. These amendments or measures may be of a controversial nature with the potential for causing a...
USDA Authority to Regulate On-Farm Activity
In recent years, outbreaks of foodborne illnesses and subsequent product recalls have highlighted concerns about the current food safety system. Some have argued for a more comprehensive approach to the regulation of food products. Among the questions raised in the debate on the adequacy and potential improvements for the U.S. food safety system is the appropriate starting point of federal regulation. The current system provides regulation of various food products under differing systems of inspection and oversight. Advocates of a more comprehensive approach to food safety regulation say...
Financial Services and General Government (FSGG): FY2009 Appropriations
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and 26 independent agencies. Among the independent agencies funded by the bill are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), and the United States Postal Service (USPS).
On September 30, 2008, President George W. Bush signed the Consolidated Security, Disaster Assistance, and Continuing...
In the wake of a rapidly deteriorating economic picture and year-long recession that the Congressional Budget Office has called the most severe since World War II, Congress passed the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5). This report discusses ARRA’s “general oversight provisions” and several related issues for Congress. For purposes of this report, the term “general oversight provision” means an oversight-related provision that addresses multiple programs, agencies, or appropriations accounts. Provisions that are specific to a single program or appropriation...
Thirty-Five Years of Water Policy: The 1973 National Water Commission and Present Challenges
Concern about the availability and use of water to support the nation’s people, economy, and environment has bolstered interest in establishing a national water commission. The commission structure proposed in recent legislation (e.g., H.R. 135) is similar to that of the 1968-1973 National Water Commission (NWC or Commission). As proposed in H.R. 135, the commission would assess future water demands, study current management programs, and develop recommendations for a comprehensive water strategy. Questions about a commission as an effective model and which topics a commission might...
Mortgage Fraud: Federal Criminal Provisions
Although criminal prosecutions will likely be only one part of a broader governmental response to the recent financial crisis, the perceived role of fraudulent activity in the downturn, and of mortgage fraud in particular, has spurred interest in the criminal provisions available to federal prosecutors. This report analyzes statutory sources of federal criminal liability for fraudulent actions taken in the primary mortgage market – i.e., fraud committed by borrowers, brokers, lenders, or others during the mortgage origination process. It also discusses some statutes implicated by...
Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
Commerce, Justice, Science and Related Agencies: FY2009 Appropriations
This report provides an overview of actions taken by Congress to provide FY2009 appropriations for Commerce, Justice, Science, and Related Agencies (CJS). On March 11, 2009, President Obama signed into law the Omnibus Appropriations Act, 2009 (P.L. 111-8). In the Omnibus, Congress appropriated $60.538 billion for CJS agencies. This amount was $4.578 billion more than the FY2008 enacted level (an 8.2% increase) and $3.488 billion more than the amended FY2009 request (a 6.1% increase). The Omnibus included $9.268 billion for the Department of Commerce, $26.120 billion for the Department of...
Analysis of Issues Concerning Extended Learning Time
School reformers have pointed out for decades that schools operate on a nine-month agrarian calendar that is seen as no longer relevant. The idea of extended learning time captured national attention in 1983 with the publication of A Nation at Risk by the National Commission on Excellence in Education. The report recommended that the amount of school time be increased from 180 days to between 200 and 220 seven-hour school days. More recent reports and reformists have agreed that some students require more time to meet academic standards, but few schools have moved away from the standard...
Voluntary Carbon Offsets: Overview and Assessment
Businesses and individuals are buying carbon offsets to reduce their “carbon footprint” or to categorize an activity as “carbon neutral.” A carbon offset is a measurable avoidance, reduction, or sequestration of carbon dioxide (CO2) or other greenhouse gas (GHG) emissions. Offsets generally fall within the following four categories: biological sequestration, renewable energy, energy efficiency, and reduction of non-CO2 emissions.
In terms of the carbon concentration in the atmosphere, an emission reduction, avoidance, or sequestration is beneficial regardless of where or how it occurs. A...
Alert Systems for Missing Adults in Eleven States: Background and Issues for Congress
A patchwork of alert systems to recover vulnerable missing adults is developing through the country. These systems, administered at the state and local levels, are intended to alert law enforcement entities and the public that adults with cognitive impairment or other disabilities are missing and may need assistance. The alerts are activated on behalf of targeted groups of individuals—such as those with cognitive or mental impairment (e.g., Alzheimer’s disease and other forms of dementia), developmental disabilities, or suicidal tendencies—who may be at high risk of going missing and...
Health Care Workforce: National Health Service Corps
The National Health Service Corps (NHSC) was established in the Emergency Health Personnel Act of 1970 (P.L. 91-623) to improve the distribution of health workers in underserved rural areas by providing scholarship support to students in qualified medical professions in exchange for a period of service in a Health Professional Shortage Area (HPSA). The NHSC is authorized in the Public Health Service (PHS) Act, Sections 331, 338A, 338B, and 338I and codified in 42 USC §234. Over the years, Congress has amended and reauthorized these authorities. In 2008, Congress reauthorized the NHSC in...
State, Foreign Operations, and Related Programs: FY2009 Appropriations
On February 4, 2008, President Bush sent his FY2009 budget request to Congress. The House Appropriations State-Foreign Operations Subcommittee marked up its then-unnumbered bill on July 16. The Chairwoman’s Mark totaled $36.62 billion, $3.82 billion more than FY2008 enacted levels. No further action on that bill occurred. The Senate took up its State Department-Foreign Operations appropriation bill (S. 3288) on July 18; the full Senate Appropriations Committee reported it out the same day with $36.78 billion for FY2009. With no further progress on several appropriations bills, on September...
The Pacific Salmon Treaty: The 1999 Agreement and Renegotiated Annex IV
The Pacific Salmon Treaty (PST) of 1985 requires the United States and Canada to develop periodic bilateral agreements to implement the PST’s conservation and harvest-sharing principles. Beginning in 1993, long-standing disputes prevented such an agreement from being concluded. On June 30, 1999, after many years of heated diplomatic struggles, U.S. and Canadian officials reached a new comprehensive agreement. The 1999 Agreement (1) established abundance-based fishing regimes for the Pacific salmon fisheries under the jurisdiction of the PST; (2) created two bilaterally managed regional...
The Federal Election Commission (FEC) With Fewer than Four Members: Overview of Policy Implications
Three recess appointments to the Federal Election Commission (FEC) expired at the end of the first session of the 110th Congress, leaving the agency with just two commissioners. Because the Federal Election Campaign Act (FECA) requires that at least four commissioners vote affirmatively to execute some of the agency’s major functions, the FEC was unable to issue regulations, approve enforcement actions, and administer aspects of the presidential public campaign financing program. The Commission also could not issue advisory opinions. Existing campaign finance law and regulations remained...
Banking and Financial Infrastructure Continuity: Pandemic Flu, Terrorism, and Other Challenges
This report outlines the financial sector's recovery plans for two kinds of disasters: the inability to conduct transactions and large losses of asset value. The basic function of the payment system is carried out by banks, and monetary policy affects banks immediately. Because brokers, exchanges, secondary market facilities, and insurance companies carry out crucial financial functions, their regulators and trade associations are involved in continuity of operations planning for contingencies.
U.S. Tree Planting for Carbon Sequestration
Climate change is a growing concern for Congress. “Cap-and-trade” and carbon tax proposals have been suggested to limit and reduce domestic emissions of greenhouse gases, especially carbon dioxide (CO2). Most cap-and-trade proposals would establish limits on emissions from many economic sectors, while allowing “offsets”—reduced emissions or enhanced carbon sequestration—from uncapped sectors, such as forestry and agriculture. Alternatively, carbon tax proposals might include tax expenditures or credits for such “offsets.” In the 111th Congress, a discussion draft of possible legislation...
The major federally funded community service and volunteer programs in this country are authorized under two statutes: the National and Community Service Act of 1990 (NCSA), as amended, and the Domestic Volunteer Service Act of 1973 (DVSA), as amended. The programs authorized by these statutes are administered by the Corporation for National and Community Service, an independent federal agency.
The NCSA is designed to address unmet human, educational, environmental, and public safety needs, to renew the ethic of civic responsibility, and encourage citizens to engage in national service....
The Global Financial Crisis: Lessons from Japan’s Lost Decade of the 1990s
During the 1990s and into the early years of the 21st century, Japan experienced prolonged recessionary economic conditions triggered by the bursting of a bubble in its equity and real estate markets and an ensuing banking crisis. Although the current global financial crisis is much more than Japan’s “Great Recession” writ large, many have turned to Japan’s experience to either support or oppose various policies and to improve general understanding of the underlying forces of financial crises.
In fiscal policy, the Japanese experience has been used both as an example of stimulus packages...
Oversight of High-Containment Biological Laboratories: Issues for Congress
The federal government responded to the September 11, 2001, terrorist attacks and the subsequent anthrax attacks with increased focus on and funding for biodefense. A key consideration in this response was addressing shortages in diagnostic, clinical, and research laboratory capacity. Several departments and agencies have increased or are in the process of increasing their laboratory capacity. High-containment laboratories play a critical role in the biodefense effort, offering the hope of better responses to an attack and a better understanding of the threat posed by bioterrorism....
Biomass Resources: The Southeastern United States and the Renewable Electricity Standard Debate
Congress has been debating establishment of a Renewable Electricity Standard (RES) to encourage increased use of all forms of renewable energy including generating electricity from biomass sources (H.R. 890, S. 433). Concerns over the potential impacts of a federal RES seem to revolve largely around the issue of whether, nationwide, sufficient renewable energy resources exist and are economically viable. States and electricity suppliers in the southeastern United States have been most vocal in their concern that they may be unfairly burdened by an RES. They contend there is a lack of wind...
This report tracks recent appropriations and related legislation for Title I of the Workforce Investment Act of 1998 (WIA) (P.L. 105-220). Following a brief summary of each WIA program, the report presents information on WIA funding for FY2008 and FY2009 and the provisions for WIA Title I programs in the American Recovery and Reinvestment Act (ARRA), which was signed into law on February 17, 2009 (P.L. 111-5).
WIA provides, in general, job training and related services to unemployed and underemployed individuals. WIA programs are administered by the Department of Labor (DOL), primarily...
Federal Reserve Interest Rate Changes: 2001-2009
The Federal Open Market Committee (FOMC) decided at its scheduled meeting, held on April 29, 2009, to leave unchanged the target rate for federal funds, which is now at a range from 0% to ¼%. In doing so, it took notice of its previous decision to add up to $1.75 trillion to the reserves of depository institutions by purchasing agency mortgage-backed securities ($1.25 trillion), agency debt ($200 billion), and Treasury securities ($300 billion). It also repeated that other measures had been adopted to facilitate the flow of credit to households and small businesses. In making its decision,...
On September 7, 2008, the Secretary of the Treasury announced that the Federal Housing Finance Agency (FHFA), the newly installed regulator of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), had been appointed conservator of the two enterprises. Until the enactment of the Housing and Economic Recovery Act of 2008 (P.L. 110-289), there was no clear statutory authority for dealing with the insolvency of either or both of these two mortgage giants. Among the reforms included in P.L. 110-289 were extensive provisions...
Cambodia: Background and U.S. Relations
In the past few years, U.S. policy toward the Kingdom of Cambodia has broadened from a human rights focus to a multi-faceted approach. A key challenge for U.S. policy toward Cambodia lies in combining and balancing efforts to improve relations and to promote human rights and democracy in the kingdom. Cambodia’s human rights record has been a constant source of friction between Prime Minister Hun Sen and major providers of foreign aid, which is equal to roughly half of the country’s government budget. The kingdom’s dependence on this aid has helped to keep pressure on the government to...
Proposals for a Congressional Commission on the Financial Crisis: A Comparative Analysis
This report provides a comparative analysis of six proposed congressional advisory commissions that would investigate various aspects of the recent financial crisis and economic downturn. The report specifically discusses (1) the membership structure, (2) appointment structure, (3) rules of procedure and operation, (4) duties and reporting requirements, (5) powers of the commission, (6) staffing issues, and (7) funding. Tables 1 through 7 (at the end of the report) summarize major provisions of the six proposals.
The six proposed commissions are found in Senate amendment 995 to S. 386...
Environmental Exposure to Endocrine Disruptors: What Are the Human Health Risks?
In 2008, Congress banned the use in children’s toys and child care articles of several chemicals known to disrupt normal development and reproduction of mice and rats. The legislation was a response to accumulating scientific evidence supporting the hypothesis that exposure to certain chemicals in consumer products and the environment might be adversely affecting human reproduction, growth, development, or metabolism by interfering with endocrine systems. This report summarizes the science underlying the environmental endocrine-disruptor hypothesis, and describes congressional actions and...
The Public Health and Medical Response to Disasters: Federal Authority and Funding
When there is a catastrophe in the United States, state and local governments lead response activities, invoking state and local legal authorities to support them. When state and local response capabilities are overwhelmed, the President, acting through the Secretary of Homeland Security, can provide assistance to stricken communities, individuals, governments, and not-for-profit groups to assist in response and recovery. Aid is provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) upon a presidential declaration. The...
This report discusses Ledbetter v. Goodyear Tire & Rubber Co., Inc., a case in which the Supreme Court considered the timeliness of a sex discrimination claim filed under Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. In Ledbetter, the female plaintiff alleged that past sex discrimination had resulted in lower pay increases and that these past pay decisions continued to affect the amount of her pay throughout her employment, resulting in a significant pay disparity between her and her male...
The fifth Summit of the Americas in Port of Spain, Trinidad and Tobago was held April 17-19, 2009. It was the first hemispheric forum for President Barack Obama to engage with leaders from across Latin America and the Caribbean. The Port of Spain Summit was also the first meeting of all 34 democratic heads of government from Latin America, the Caribbean, Canada, and the United States since the contentious 2005 Summit in Mar del Plata, Argentina. Despite some criticism of past and current U.S. policies in the region, the Summit was largely cordial and may provide the foundation for improved...
Advance Appropriations for Veterans’ Health Care: Issues and Options for Congress
The Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA) operates the Nation’s largest health care delivery system, with about 222,000 employees supporting its mission. It is also the largest provider of health care education and training for medical residents and other health care trainees in the United States. In FY2008, VHA provided medical care to approximately 5.6 million unique patients and spent approximately $43.5 billion for medical care and research.
A coalition of veterans’ service organizations (VSOs) has been calling on Congress to provide VHA with a...
Obscenity and Indecency: Constitutional Principles and Federal Statutes
The First Amendment provides: “Congress shall make no law ... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
Most pornography is not legally obscene; to be...
Marine Protected Areas (MPAs): Federal Legal Authority
Recent events, including the release of the President’s U.S. Ocean Action Plan and reports issued by the United States Commission on Ocean Policy and the Pew Oceans Commission, have prompted a reexamination of U.S. ocean policy and debate over an “ecosystem approach” to ocean resource management. One proposed mechanism for conserving ocean resources is the Marine Protected Area (MPA), conceptualized as a zoning system for the portions of the ocean under U.S. jurisdiction. This has been highlighted by the issuance of the Revised Draft Framework for Developing the National System of Marine...
The Health Information Technology for Economic and Clinical Health (HITECH) Act
Lawmakers incorporated the Health Information Technology for Economic and Clinical Health (HITECH) Act as part of the American Recovery and Reinvestment Act of 2009 (H.R. 1), the economic stimulus bill that the President signed into law on February 17, 2009 (P.L. 111-5). The HITECH Act is intended to promote the widespread adoption of health information technology (HIT) to support the electronic sharing of clinical data among hospitals, physicians, and other health care stakeholders. HIT is widely viewed as a necessary and vital component of health care reform. It encompasses interoperable...
Selected Federal Compensation Programs for Physical Injury or Death
Congress has established a number of programs to compensate or assist victims of certain specific circumstances, including negligence, terrorism, and “acts of God.” Federal compensation programs can be described by certain common attributes. These include aspects of program administration; requirements for and determination of individual eligibility; eligibility of health care providers; types of benefits provided; whether certain diseases are presumed to be eligible for compensation; and the means by which the program is financed.
Though federal compensation programs display considerable...
Cyprus: Status of U.N. Negotiations and Related Issues
Cyprus has been divided since 1974. Greek Cypriots, 76% of the population, live in the southern two-thirds of the island and lead the internationally recognized Republic of Cyprus. Turkish Cypriots, 19% of the populace, live in the “Turkish Republic of Northern Cyprus” (TRNC), recognized only by Turkey, with about 36,000 Turkish troops providing security. United Nations peacekeeping forces (UNFICYP) maintain a buffer zone between the two. Since the late 1970s, the U.N., with U.S. support, has promoted negotiations aimed at reuniting the island as a federal, bicommunal, bizonal republic....
Airport Passenger Screening: Background and Issues for Congress
Over the next several years, the Transportation Security Administration (TSA) will likely face continuing challenges to address projected growth in passenger airline travel while maintaining and improving upon the efficiency and effectiveness of passenger screening operations. New initiatives to expand the role of TSA personnel beyond screening operations, as well as initiatives to improve screening efficiency and effectiveness through the deployment of new technologies, will likely require additional investment. In addition to annual appropriations of $250 million in FY2008 and FY2009, a...
The Year 2000 Computer Problem: Congressional Issues
Many computers were designed to store a two-digit number for the year, which makes the year 2000 indistinguishable from 1900. Unless they are corrected, many computers will not be able to process dates beyond the year 2000, and may cause many costly problems in commerce and government. In the 106th Congress, hearings are being held and will continue to provide the public with the most accurate information available on the status of Y2K remediations at federal agencies, state and local agencies, private sector entities, and international organizations. Congress may also consider additional...
The U.S. Mental Health Delivery System Infrastructure: A Primer
In the past decade, four federal reports have offered insight into the nation’s mental health care system and recommended a fundamental transformation of the system. According to these reports, transformation of the mental health care system would require timely incorporation of evidence-based practices in routine practice, resolution of workforce shortage issues, removal of financial barriers, coordination of mental health care with general health and social services, and systematic measurement and improvement of the quality of care delivered. While each of these recommendations may...
American Recovery and Reinvestment Act of 2009 (P.L. 111-5): Summary and Legislative History
President Barack Obama signed H.R. 1, the American Recovery and Reinvestment Act (ARRA) of 2009, into law on February 17, 2009, as P.L. 111-5 (123 Stat. 115-521). The act is seen as one of the most significant legislative responses made thus far to the current economic turmoil. This report provides a summary and legislative history of ARRA and identifies other resources that provide additional information regarding its content and implementation.
ARRA is a relatively lengthy and complex act, amounting to just over 400 pages (in slip law form) and melding together hundreds of billions of...
Consumer Product Safety Improvement Act (CPSIA): New Requirements and Emerging Implementation Issues
This report will present an overview of issues regarding the implementation of the Consumer Product Safety Improvement Act of 2008 (CPSIA). In addition to strengthening the regulatory and enforcement authority of the Consumer Product Safety Commission, the new law established new safety standards, such as those for lead content and phthalates, and testing and certification requirements, focusing particularly on children’s products. A range of implementation issues have arisen, including uncertainty about possible exemptions to and appropriate compliance with new standards, compliance with...
The America COMPETES Act and the FY2009 Budget
The America COMPETES Act (P.L. 110-69) became law on August 9, 2007. The act responds to concerns that the United States may not be able to compete economically with other nations in the future due to insufficient investment today in science and technology research and science, technology, engineering, and mathematics (STEM) education and workforce development. The America COMPETES Act is intended to increase the nation’s investment in science and engineering research, and in science, technology, engineering, and mathematics (STEM) education from kindergarten to graduate school and...
The False Claims Act (FCA), an important tool for combating fraud against the U.S. government, generally provides that a person who knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government may be subject to civil penalties and damages. Recently, the Supreme Court examined the scope of the FCA in Allison Engine v. United States ex rel. Sanders, in which a former employee of a subcontractor brought an action against other subcontractors who had allegedly submitted a false claim to the prime contractor on a U.S. defense contract. The Court...
This report is intended to provide a brief legal analysis of the authority of the Senate over the seating of its own Members, and the Senate’s power to exclude, that is, to refuse by majority vote to seat a Senator-elect or Senator-designate who presents valid credentials from state officials. Under Article I, Section 5, clause 1 of the Constitution, each house of Congress is granted the express authority to judge the “elections,” the “returns,” and the “qualifications” of its own Members. This explicit delegation in the Constitution grants the Senate broad authority to judge and to make...
Recess Appointments Made by President George W. Bush
Under the Constitution, the President and the Senate share the power to make appointments to the highest-level politically appointed positions in the federal government. The Constitution also empowers the President unilaterally to make a temporary appointment to such a position if it is vacant and the Senate is in recess. Such an appointment, termed a recess appointment, expires at the end of the following session of the Senate. This report identifies recess appointments made by President George W. Bush during his presidency. Basic descriptive statistics regarding these appointments are...
Emergency Preparedness and Hazard Mitigation: CRS Experts
This report includes a table that provides access to names and contact information for CRS experts on policy concerns relating to emergency preparedness and hazard mitigation. Includes a number of policy areas, such as: emergency preparedness and protection missions, functions, and structures; emergency authorities; preparedness plans; communications networks; warning systems; and state and local homeland security funding, training, and standards.
Funding for Education in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law by President Obama on February 17, 2009 (P.L. 111-5). The primary purposes of the ARRA focus on promoting economic recovery, assisting those most affected by the recession, improving economic efficiency by “spurring technological advances in science and health,” investing in infrastructure, and stabilizing state and local government budgets.
The ARRA provides funds to several existing education programs administered by the U.S. Department of Education (ED), including programs authorized by the Elementary and...
Legislative Branch: FY2009 Appropriations
The FY2009 Omnibus Appropriations Act, P.L. 111-8, was enacted on March 11, 2009. Division G of the act provides $4.4 billion for legislative branch activities. This represents an approximate 11% increase over the nearly $4 billion approved by Congress for FY2008. Legislative branch entities had requested nearly $4.7 billion for FY2009, or an increase of 18%.
An additional $25 million was provided for the Government Accountability Office in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
On September 30, 2008, the President signed the Consolidated Security, Disaster...
Electric Power Transmission: Background and Policy Issues
This report provides background information on electric power transmission and related policy issues. Proposals for changing federal transmission policy before the 111th Congress include S. 539, the Clean Renewable Energy and Economic Development Act, introduced on March 5, 2009; and the March 9, 2009, majority staff transmission siting draft of the Senate Energy and Natural Resources Committee. The policy issues identified and discussed in this report include:
Federal Transmission Planning: several current proposals call for the federal government to sponsor and supervise large scale,...
State Health Reform Strategies
States have taken the initiative to propose and enact health care reforms to address perceived problems related to health insurance coverage, health care costs, and other issues. These reform efforts vary in scope, intent, and target demographic group. While not all members of Congress agree in the need to reform health care, many have expressed interest in learning about these state efforts to inform ongoing debate at the national level.
Each state has implemented a unique set of reform strategies to address concerns about health insurance and the health care delivery system. However,...
NATO Enlargement: Albania, Croatia, and Possible Future Candidates
At the April 2-4, 2008 NATO summit in Bucharest, Romania, a principal issue was consideration of the candidacies for membership of Albania, Croatia, and Macedonia. The allies agreed to extend invitations to Albania and Croatia. Although the alliance determined that Macedonia met the qualifications for NATO membership, Greece blocked the invitation due to an enduring dispute over Macedonia’s name. After formal accession talks, on July 9, 2008, the foreign ministers of Albania and Croatia and the permanent representatives of the 26 NATO allies signed accession protocols amending the North...
House Rules Changes in the 111th Congress Affecting Floor Proceedings
On the first day of the 111th Congress, the House agreed to H.Res. 5, which made several changes to House rules affecting floor proceedings. First, the House amended clause 6 of Rule XV to require that Calendar Wednesday only occur at the request of a committee. Calendar Wednesday is a rarely-utilized procedure that allows reported legislation, not otherwise privileged for floor consideration, to be called up by the committee of jurisdiction on Wednesdays. Prior to this rules change, unanimous consent was routinely granted to waive the Calendar Wednesday procedure.
The House also added a...
House Ad Hoc Select Committees with Legislative Authority: An Analysis
The House can readily create an ad hoc (temporary) select committee by approving a simple resolution that contains language establishing the committee—giving a purpose, defining membership, and detailing other aspects. The House may create a study committee, with directions to make recommendations for legislation, or it may grant legislative authority to the select committee—authority to report legislation to the House. This report analyzes the use, results, components, and attributes of House ad hoc select committees with legislative authority.
There have been four ad hoc select...
Navy-Marine Corps Strike-Fighter Shortfall: Background and Options for Congress
This report discusses congressional concerns about a projected inventory shortfall in Navy and Marine Corps strike-fighters. Some industry sources believe the shortfall is likely to be much larger than the Navy currently projects. Options for addressing the shortfall include extending strike-fighter service lives and increasing planned procurement of strike-fighters.
Education Matters: Earnings and Employment Outcomes by Educational Attainment
The amount of education in which individuals invest greatly influences their labor market outcomes. For example, highly educated workers on average are better paid than other workers. Four-year college graduates also are less at risk of unemployment; if they should lose their jobs, these displaced workers are more likely than others to find new jobs. The importance of educational attainment to earnings levels has grown over time as well. Concern about the extent of wage inequality in U.S. society arose in part because of the comparatively large increases in real (inflation-adjusted)...
Overview of the Securities Act of 1933 as Applied to Private Label Mortgage-Backed Securities
Mortgage-backed securities that are packaged and issued by private industry participants are required to comply with the Securities Act of 1933. Issuers of so-called private label mortgage-backed securities must either register these securities pursuant to the rules the Securities and Exchange Commission has set forth, or obtain an exemption from registration. Failure to register or fall under an exemption could result in liability for the issuer and other parties involved in the offering. Furthermore, material misstatements or omissions in the offering materials may also result in...
Retirement Savings and Household Wealth in 2007
This report discusses various issues that impact the retirement income of Americans. About half of all workers in the United States participate in an employer-sponsored retirement plan of some kind, a proportion that has remained relatively stable over the past thirty years. Because the majority of assets held in retirement accounts are invested in stocks, trends in stock prices have a significant impact on households' retirement account balances.
This report discusses the tax climate for businesses, while economic stimulus proposals dominate the congressional debate. During 2009, it is anticipated that congressional deliberations will once again turn towards the extension of several expiring business tax provisions, energy taxation, tax shelters, and international taxation, while continuing to examine opportunities to stimulate the economy.
U.S. Foreign Trade in Services: Definition, Patterns and Policy Challenges
The term “services” refers to a broad and widening range of economic activities such as accounting and legal services, banking, transportation, tourism, and telecommunications. Services are a significant sector of the U.S. economy, accounting for almost 70% of U.S. gross domestic product (GDP) and for over 80% of U.S. civilian employment.
Services have become an important element of U.S. foreign trade, consistently generating surpluses. The European Union is by far the most important U.S. trade partner in services, accounting for more than 50% of U.S. trade in services.
The increasing...
Child Support Enforcement and Ex-Offenders
According to recent estimates, about 1.7 million children in the United States have parents who are currently incarcerated in state or federal prisons. Among the approximately 700,000 persons who are released from prison each year about 400,000 of them are fathers and mothers. The current economic crisis together with overcrowded prisons and state budget shortfalls are likely to result in a significant number of inmates convicted of nonviolent offenses getting early release dispensations. How these former inmates reconnect to their families impacts not only the children involved but...
The Global Financial Crisis: Foreign and Trade Policy Effects
The global financial and economic crisis affects all three of the essential national interests of the United States: national security, economic well being, and value projection. Only occasionally does an event of this magnitude occur that generates such daunting challenges yet also opportunities for U.S. policy. The effects of the crisis on foreign policy, trade, and security are so diverse and widespread that, out of necessity, policy responses must range from the highly specific to the broad and ethereal.
This report provides an overview of the major non-financial effects of the global...
U.S. Policies on Iraq: CRS Experts
The following table provides access to names and contact information for CRS experts on policy concerns relating to Iraq. Policy areas identified include: U.S. policies on Iraq; governance in Iraq and U.S. military issues; refugees, internally displaced persons, and humanitarian assistance; prospects for Iraq's economy; resource and funding requirements; and the international context--the regional political and security environment.
Morning Hour Debates: Current House Practices
On Mondays and Tuesdays, the House of Representatives meets earlier than the hour established for that day’s session for a period called “morning hour debates” (also known as “morning hour speeches”). This period provides a rare opportunity for non-legislative debate in the House; remarks in the House are usually limited to pending legislative business. During morning hour debates, individual Members deliver speeches on topics of their choice for up to five minutes. The majority and minority leaders give the Speaker a list showing how each party’s time for morning hour debates will be...
The 2009 U.N. Durban Review Conference: Follow-Up to the 2001 U.N. World Conference Against Racism
In April 2009, U.N. member states will convene in Geneva, Switzerland, for the U.N. Durban Review Conference Against Racism (Review Conference) to examine possible progress made since the 2001 U.N. World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa. At WCAR, participating governments, including the United States, sought to recommend ways for the international community to address racism. The United States withdrew from WCAR because of what it viewed as participating governments’ disproportionate focus on Israel as...
In 2008, malaria remained a serious problem in 109 countries, although it was eradicated almost 60 years ago in the United States. Malaria sickens an estimated 247 million people every year; of these, nearly 1 million die, mostly children younger than 5 years old. The disease is caused by a parasite that is transmitted to a person through the bite of a particular mosquito. Infection can lead to fever, muscle aches, and, without effective treatment, organ failure and sometimes death. Although approximately 40% of the world’s population is at risk of malaria, most cases and deaths are in...
Setting and Valuing Health Insurance Benefits
This report briefly describes some of the key concepts and policy issues around specifying and valuing health insurance benefits.
Royalty Relief for U.S. Deepwater Oil and Gas Leases
This report discusses the Gulf of Mexico outer continental shelf (OCS) leasing system including recovery relief and deepwater development as well as Congressional concerns and legislative actions. Various forms of royalty relief are the most common incentives for offshore oil and gas development. The Outer Continental Shelf Lands Act (OCSLA) authorizes the Secretary of the Interior to grant royalty relief to promote increased oil and gas production (43 U.S.C. 1337).
Outer Continental Shelf: Debate Over Oil and Gas Leasing and Revenue Sharing
Oil and gas leasing in the Outer Continental Shelf (OCS) has been an important issue in the debate over energy security and domestic energy resources. The Department of the Interior (DOI) released a comprehensive inventory of OCS resources in February 2006 that estimated reserves of 8.5 billion barrels of oil and 29.3 trillion cubic feet (tcf) of natural gas. Another 86 billion barrels of oil and 420 tcf of natural gas are classified as undiscovered resources. Congress had imposed moratoria on much of the OCS since 1982 through the annual Interior appropriation bills. A Presidential...
Ethanol: Economic and Policy Issues
Biofuels are a major source of renewable energy in the United States. Ethanol produced from corn starch accounts for 90% of the biofuels consumed, but only 5% of all light-duty motor transportation fuel consumption. Ethanol is blended with gasoline to increase octane and reduce emissions, and used as a substitute for gasoline to reduce consumption of petroleum-based fuels.
Ethanol has the potential to provide many benefits. As an alternative to gasoline refined from imported oil, its use can improve U.S. national energy security, albeit marginally. Although the exact magnitude is subject...
Operation Iraqi Freedom: Strategies, Approaches, Results, and Issues for Congress
Operation Iraqi Freedom (OIF), the U.S.-led coalition military operation in Iraq, was launched on March 20, 2003, with the immediate stated goal of removing Saddam Hussein’s regime and destroying its ability to use weapons of mass destruction or to make them available to terrorists. Over time, the focus of OIF shifted from regime removal to the more open-ended mission of helping the Government of Iraq (GoI) improve security, establish a system of governance, and foster economic development.
In 2009, the war in Iraq appears to be winding down, as security gains made since the height of the...
Parental Involvement Provisions in the Elementary and Secondary Education Act (ESEA)
Requiring or encouraging parents’ involvement in the education of their children has been a long-standing goal of Title I, Part A, Education for the Disadvantaged, authorized by the Elementary and Secondary Education Act of 1965 (ESEA), most recently amended by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110). NCLB encourages parents’ involvement by requiring Title I-A schools and local educational agencies (LEAs) to develop, in conjunction with parents, parental involvement policies and school-parent compacts. Schools in LEAs that receive over $500,000 in Title I-A funding must...
Natural Gas Markets: An Overview of 2008
In 2008, the United States natural gas market experienced a tumultuous year, and market forces appeared to guide consumers, producers and investors through rapidly changing circumstances. Natural gas continues to be a major fuel supply for the United States, supplying about 24% of total energy in 2008.
The year began with a relatively tight demand/supply balance, and this generated upward spot price movement. For the 2007-2008 heating season, the Energy Information Administration (EIA) reported a price increase of more than 30% (beginning to end of season). The key “benchmark” price for...
Asia Pacific Economic Cooperation (APEC) and the 2008 Meetings in Lima, Peru
Congress and the Executive Branch have historically identified the Asia Pacific Economic Cooperation (APEC) as an important organization to help promote the U.S. goal of liberalizing international trade and investment in Asia, and possibly the rest of the world. APEC’s commitment to the goal of trade and investment liberalization is embodied in its Bogor Goals, in which APEC members pledged to free and open trade and investment in the Asia-Pacific by 2010 for industrialized economies and 2020 for developing economies.
However, several alternative avenues for the promotion of trade...
Family Violence Prevention and Services Act: Programs and Funding
This report describes programs authorized under the Family Violence Prevention and Services Act (FVPSA) and related initiatives, and provides authorization and appropriation levels. The FVPSA was originally enacted in 1984, as Title III of the Child Abuse Prevention and Treatment Act, to assist states in preventing incidents of family violence and to provide shelter and related assistance to victims of family violence and their dependents, with the expectation of preventing future acts of violence in families.
The Communications Assistance for Law Enforcement Act
The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103-414, 47 U.S.C. 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance...
Public Health and Medical Preparedness and Response: Issues in the 111th Congress
Key recent events—the 2001 terrorist attacks, Hurricane Katrina, and concerns about an influenza (“flu”) pandemic, among others—sharpened congressional interest in the nation’s systems to track and respond to public health threats. The 109th Congress passed several laws that established, reorganized, or reauthorized key public health and medical preparedness and response programs in the Departments of Health and Human Services (HHS) and Homeland Security (DHS). The 110th Congress was engaged in oversight of the implementation of these laws, focused in particular on such matters as (1) the...
The Federal Deposit Insurance Corporation (FDIC): Efforts to Support Financial and Housing Markets
This report discusses recent actions taken by the FDIC in support of financial and housing markets, which include restoration of the Deposit Insurance Fund, the development of the Temporary Liquidity Guarantee Program, efforts to reduce foreclosures, and establishment of the proposed Public-Private Investment Fund. Legislation such as H.R. 786 (introduced by Representative Barney Frank); H.R. 1106, Helping Families Save Their Homes Act of 2009 (introduced by Representative John Conyers, Jr., with 24 co-sponsors); and S. 541, The Depositor Protection Act of 2009 (introduced by Senator...
The Global Nuclear Detection Architecture: Issues for Congress
The U.S. government has implemented a series of programs to protect the nation against terrorist nuclear attack. Some of these programs predate September 11, 2001, while others were established since then. Most programs are within the Nuclear Regulatory Commission; the Departments of Defense, Energy, and State; and agencies that became part of the Department of Homeland Security (DHS) upon its creation, and they are focused on detecting the illicit acquisition and shipment of nuclear and radiological materials and protecting and securing nuclear weapons. These disparate programs have...
Energy and Water Development: FY2009 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation (BOR), the Department of Energy (DOE), and a number of independent agencies.
Key budgetary issues for FY2009 involving these programs included
the distribution of Corps appropriations across the agency’s authorized planning, construction, and maintenance activities (Title I);
support of major ecosystem restoration initiatives, such as Florida Everglades (Title I) and California “Bay-Delta” (CALFED)...
FEMA’s Hazard Mitigation Grant Program: Overview and Issues
Since 1989, the federal government has spent over $96.1 billion for disaster assistance provided by the Federal Emergency Management Agency (FEMA). Over $4.4 billion of the disaster assistance was for hazard mitigation of natural disasters such as floods, wildfires, hurricanes, tornados, and earthquakes. The unpredictable nature of the location and scale of natural disasters poses a significant fiscal management challenge to Congress. To alleviate the federal costs of disasters, Congress amended the Disaster Relief Act of 1974 in 1988 (P.L. 100-707), which was renamed the Robert T....
This report analyzes the language contained in §1607 of the American Recovery and Reinvestment Act of 2009 (Recovery Act or ARRA; P.L. 111-5), which provides that federal funds can be made available to a state by the federal government either after certification by a governor that such money will be requested and spent or after the adoption of a concurrent resolution by a state legislature. Although the language of § 1607 is arguably ambiguous, it does not appear likely that it would have the effect of significantly reallocating power between a state legislature and a state executive...
Retroactive Taxation of Executive Bonuses: Constitutionality of H.R. 1586 and S. 651
There has been significant controversy about the constitutionality of the legislative proposals (H.R. 1586 and S. 651) to tax bonuses paid to employees of entities receiving assistance from the federal government under the Emergency Economic Stabilization Act of 2008. Under H.R. 1586, the bonuses would be taxed as income to the employee at a rate of 90%. S. 651 would impose an excise tax equal to 35% of the bonus on both the employee and entity. Both bills would apply to bonuses received on or after January 1, 2009, in taxable years ending on or after that date. H.R. 1586 was passed by the...
National Special Security Events
Major events that are considered to be nationally significant may be designated by the President—or his representative, the Secretary of the Department of Homeland Security (DHS)—as National Special Security Events (NSSE). Beginning in September 1998 through February 2008, there have been 28 events designated as NSSEs. Some of these events have included presidential inaugurations, presidential nominating conventions, major sports events, and major international meetings. The U.S. Secret Service (USSS) is the lead federal agency responsible for coordinating, planning, exercising, and...
Nonambulatory Livestock and the Humane Methods of Slaughter Act
Revelations in early 2008 that cattle were mistreated at a California slaughter plant raised questions about enforcement of the Humane Methods of Slaughter Act. Evidence emerged that the plant had permitted nonambulatory (“downer”) cattle to be slaughtered for human food, also potentially jeopardizing food safety. The U.S. Department of Agriculture (USDA) announced the largest meat recall ever, alerted school food authorities to destroy any unconsumed products from the plant, and launched an investigation. Since then, animal welfare activists have alleged additional cases of mistreatment...
Renewable Energy and Energy Efficiency Tax Incentive Resources
The following list of authoritative resources is designed to assist in responding to a broad range of constituent questions and concerns about renewable energy and energy efficiency tax incentives. Links are provided for the following: the full text of public laws establishing and extending federal renewable energy and energy efficiency incentives; federal, state, and local incentives resources; incentive resources grouped by technology type (solar, wind, geothermal, and biomass); CRS reports on this topic; and federal grants information resources. The last section of this report includes...
Title X of H.R. 146: San Joaquin River Restoration
Historically, the San Joaquin River in Central California has supported large Chinook salmon populations. Since the Bureau of Reclamation’s Friant Dam on the San Joaquin River became fully operational in the 1940s, much of the river’s water has been diverted for off-stream agricultural uses. As a result, approximately 60 miles of the river bed is dry in most years. Thus, the river no longer supports Chinook salmon populations in its upper reaches. In 1988, a coalition of conservation and fishing groups sued Reclamation (Natural Resources Defense Council v. Rodgers). A U.S. District Court...
The Department of Housing and Urban Development: FY2009 Appropriations
The FY2009 appropriations process began with President Bush’s FY2009 budget request. It included $39 billion for the Department of Housing and Urban Development (HUD), an increase of 4% in net budget authority from the FY2008 non-emergency level. That requested increase in net budget authority was largely attributable to a decline in the amount available to offset the HUD budget. The President’s budget request would have resulted in an overall decline in appropriations for HUD’s programs and activities of just over 1% from the FY2008 level.
Despite the request for an overall decline in...
The Donor-Donee State Issue: Funding Equity in Surface Transportation Reauthorization
Few issues in the history of the Federal-Aid Highway Program have raised such heated debate as the argument over how closely the program’s payments to the individual states should match the amount of federal highway taxes each state’s highway users pay to the highway account of the Highway Trust Fund (HTF). Referred to as the donor-donee state issue, it is expected to re-emerge during the debate over the reauthorization of federal surface transportation programs. The current authorization, under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users...
FDA Guidance Regarding the Promotion of Off-Label Uses of Drugs: Legal Issues
New drugs may not be introduced or marketed without the approval of the Food and Drug Administration (FDA). When a person submits a drug application to the FDA for approval, the application includes samples of the proposed labeling. The FDA may refuse to approve an application if the drug is not safe or effective for the specific uses that are reflected in its labeling. An unapproved new use of a drug, also known as an off-label use, is a use not mentioned in the drug’s approved labeling. Although a physician may prescribe a drug for off-label uses, a pharmaceutical manufacturer may not...
Net Neutrality: Background and Issues
As congressional policymakers continue to debate telecommunications reform, a major point of contention is the question of whether action is needed to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and non-discriminatory treatment, is referred to as “net neutrality.” There is no single accepted definition of “net neutrality.” However, most agree that any such definition should include the general principles that owners of the networks that compose and provide...
The International Space Station and the Space Shuttle
The International Space Station (ISS) program began in 1993, with Russia joining the United States, Europe, Japan, and Canada. Crews have occupied ISS on a 4-6 month rotating basis since November 2000.
The U.S. Space Shuttle, which first flew in April 1981, has been the major vehicle taking crews and cargo back and forth to ISS, but the shuttle system has encountered difficulties since the Columbia disaster in 2003. Russian Soyuz spacecraft are also used to take crews to and from ISS, and Russian Progress spacecraft deliver cargo, but cannot return anything to Earth, since they are not...
Federal Lands Provisions of Economic Stimulus Legislation (P.L. 111-5)
This report discusses the major federal lands provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, H.R. 1). It focuses on provisions in the law related to four federal agencies: the Forest Service, the Bureau of Land Management, the Fish and Wildlife Service, and the National Park Service. These provisions relate to construction, resource management, and wildland fire management. A comparison of the House- and Senate-passed versions of H.R. 1 also is provided, which includes a discussion of the Centennial Challenge of the National Park Service.
Federal Taxation of the Drug Industry and Its Effects on New Drug Development
A key issue in congressional debates over expanding consumer access to prescription drugs is the impact of proposed initiatives on the development of new medicines. Some of the initiatives entail significant changes in one or more of the federal policies affecting new drug development. One such policy is federal taxation of firms that invest in this development.
This report examines the impact of federal taxation on the incentive to invest in new drug development. More specifically, it looks at the provisions in current tax law that affect the performance of the drug industry, compares the...
The Tibetan Policy Act of 2002: Background and Implementation
U.S. policy on Tibet is governed by the Tibetan Policy Act of 2002 (TPA), enacted as part of the Foreign Relations Authorization Act of FY2003 (P.L. 107-228). In addition to establishing a number of U.S. principles with respect to human rights, religious freedom, political prisoners, and economic development projects in Tibet, the TPA established in statute the State Department position of Special Coordinator for Tibetan Issues; required a number of annual reporting requirements on Sino-Tibetan negotiations, both by the State Department and by the congressionally established...
American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5): Title V, Medicaid Provisions
The economy officially was considered in a recession in December 2008, but many forecasters had long recognized the downturn and some believed this economic contraction would be more severe than other post-World War II slowdowns. A combination of factors combined to present policymakers with difficult decisions on how best to stimulate the economy. Troubling instability in the housing and financial services sectors, weak auto manufacturing demand, and high energy costs earlier in 2008 had slowed growth dramatically and forced millions into unemployment. With declining tax revenue and...
Information Operations, Cyberwarfare, and Cybersecurity: Capabilities and Related Policy Issues
This report describes the emerging areas of information operations, cybersecurity, and cyberwar in the context of U.S. national security. It also notes related policy issues of potential interest to Congress.
For military planners, the control of information is critical to military success, and communications networks and computers are of vital operational importance. The use of technology to both control and disrupt the flow of information has been generally referred to by several names: information warfare, electronic warfare, cyberwar, netwar, and Information Operations (IO). Currently,...
Farm Commodity Proposals in the President’s FY2010 Budget
President Obama’s budget outline for FY2010—in the context of fiscal discipline—includes several proposals to reduce federal spending by $16 billion over 10 years on the farm commodity and crop insurance programs. Reaction to the proposal has been generally negative from groups that are affiliated with or supportive of agriculture. The most vehement reaction has been to a proposal to eliminate direct payments to farms with more than $500,000 of sales.
Any change would require legislative action by Congress; it would not be part of the annual appropriations process. Such action would be...
Federal Sentencing Guidelines: Background, Legal Analysis, and Policy Options
Historically, the way in which convicted offenders are sentenced falls under one of two penal policies—indeterminate and determinate sentences. Indeterminate sentencing practices were predominant for several decades, leading up to the major reform efforts undertaken by many states and the federal government in the mid- to-late 1970s and early 1980s. The perceived failure of the indeterminate system to “cure” the criminal, coupled with renewed concern about the rising crime rate throughout the nation in the mid-1970s, resulted in wide experimentation with sentencing systems by many states...
Budget Deficits: An Explanation of How Policy Affects Budget Balance
In fiscal year (FY) 2008, the nation’s budget deficit reached $455 billion or 3.2% of gross domestic product (GDP), up from $161 billion or 1.2% of GDP in FY2007. New deficit projections provide a picture of what the United States faces over the next decade. In February 2009, the Congressional Budget Office (CBO) projected that the deficit in FY2009 will reach more than $1.4 trillion. Between FY2010 and FY2019, cumulative deficits could reach as high as $10 trillion. CBO projects deficits in each fiscal year of this period. These deficits are largely a result of enacted federal financial...
Monetary Aggregates: Their Use in the Conduct of Monetary Policy
Economic theory and history make a compelling case that monetary policy is powerful in affecting the pace of economic activity and employment in the short run and the rate of inflation in the longer run. Thus, unambiguous indicators should exist for those formulating, executing, and overseeing monetary policy. To this end, definitions of money are sought, as are collections of assets consistent with those definitions. For these measures of money—known as monetary aggregates—to be useful in a policy context, they must, at a minimum, be stable and predictably related to spending, meaning...
Border Security: Barriers Along the U.S. International Border
Congress has repeatedly shown interest in examining and expanding the barriers being deployed along the U.S. international land border. The United States Border Patrol (USBP) deploys fencing, which aims to impede the illegal entry of individuals, and vehicle barriers, which aim to impede the illegal entry of vehicles (but not individuals) along the border.
The USBP first began erecting physical barriers in 1990 to deter illegal entries and drug smuggling in its San Diego sector. The ensuing 14-mile-long San Diego “primary fence” formed part of the USBP’s “Prevention Through Deterrence”...
CRS Issue Statement on Abortion, Family Planning, and Reproductive Health
The 111th Congress will likely consider a variety of issues involving family planning and reproductive health. Legislation related to family planning and Title X of the Public Health Service Act, including appropriations measures that could affect the funding of Title X family planning initiatives, is expected.
Child Nutrition and WIC Programs: A Brief Overview
Federally supported child nutrition programs and initiatives, along with the Special Supplemental Nutrition Program for Women, Infants, and Children (the WIC program) reach more than 40 million children and some 2 million lower-income pregnant/post-partum women. In FY2007, federal spending on these programs totaled over $19 billion.
The basic goals of federal child nutrition programs are to improve children’s nutrition, increase lower-income children’s access to nutritious meals and snacks, and help support the agricultural economy. Child nutrition programs are “entitlements.” Federal cash...
Energy Provisions in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
The American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) emphasizes jobs, economic recovery, and assistance to those most impacted by the recession. It also stresses investments in technology, transportation, environmental protection, and other infrastructure and proposes strategies to stabilize state and local government budgets.
Energy provisions are a featured part of ARRA. More than $45 billion is provided in appro-priations for energy programs, mainly for energy efficiency and renewable energy. Most funding must be obligated by the end of FY2010. ARRA also provides more...
Potential F-22 Raptor Export to Japan
Japan has expressed interest in purchasing the F-22A Raptor aircraft from the United States. Although the export of the plane is now prohibited by U.S. law, Congress has recently and may again consider repealing this ban. Arguments for the sale include potential benefits to U.S. industry, contribution to the defense of Japan and the region, and promotion of U.S. interoperability with the Japanese military. Arguments against the transfer include concerns about technology proliferation and the potential for undermining regional stability. This report will be updated as warranted.
Treatment of Seller-Funded Downpayment Assistance in FHA-Insured Home Loans
This report discusses the seller-funded down-payment assistance that qualify for FHA-insured home loans.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
Since the September 11, 2001, terrorist attacks, the enforcement of our nation’s immigration laws has received a significant amount of attention. Some observers contend that the federal government does not have adequate resources to enforce immigration law and that state and local law enforcement entities should be utilized. Others, however, question what role state and local law enforcement agencies should have in light of limited state and local resources and immigration expertise.
Congress defined our nation’s immigration laws in the Immigration and Nationality Act (INA), which contains...
Comprehensive National Cybersecurity Initiative: Legal Authorities and Policy Considerations
Federal agencies report increasing cyber-intrusions into government computer networks, perpetrated by a range of known and unknown actors. In response, the President, legislators, experts, and others have characterized cybersecurity as a pressing national security issue.
Like other national security challenges in the post-9/11 era, the cyber threat is multi-faceted and lacks clearly delineated boundaries. Some cyber attackers operate through foreign nations’ military or intelligence-gathering operations, whereas others have connections to terrorist groups or operate as individuals. Some...
Carbon Tax and Greenhouse Gas Control: Options and Considerations for Congress
Market-based mechanisms that limit greenhouse gas (GHG) emissions can be divided into two types: quantity control (e.g., cap-and-trade) and price control (e.g., carbon tax or fee). To some extent, a carbon tax and a cap-and-trade program would produce similar effects: Both are estimated to increase the price of fossil fuels, which would ultimately be borne by consumers, particularly households. Although there are multiple tools available to policymakers that could control GHG emissions—including existing statutory authorities—this report focuses on a carbon tax approach and how it compares...
California Water Law and Related Legal Authority Affecting the Sacramento-San Joaquin Delta
The Sacramento-San Joaquin River Delta (the Delta) is formed by the confluence of the north-flowing San Joaquin River, the south-flowing Sacramento River, and the San Francisco Bay, to which the delta of the two rivers is linked. The 1,153-square-mile estuary is the hub of California’s extensive water supply system. The Delta provides water to more than 25 million people and habitat for various species, including the threatened delta smelt and endangered chinook salmon. As such, the Delta has endured decades of competing water demands. During this time, the Delta ecosystem has experienced...
This report discusses Medicare's hospice benefit, which was provides care that specializes in the relief of the pain and symptoms associated with a terminal illness and the provision of supportive and counseling services to patients and their families during the final stages of a patient's illness and death.
Cash Balance Pension Plans and Claims of Age Discrimination
Both federal courts and Congress have recently addressed the issue of whether cash balance pension plans violate federal laws that prohibit age discrimination. The relevant age discrimination provisions are found in the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code (IRC), and the Age Discrimination in Employment Act (ADEA). Two primary claims have been made: (1) that cash balance plans inherently violate the age discrimination provisions because the rate of benefit accrual is decreased on account of age and (2) that the conversion of traditional defined benefit...
National Aeronautics and Space Administration: Overview, FY2009 Budget, and Issues for Congress
This report provides an overview of National Aeronautics and Space Administration (NASA), FY 2009 budget, the vision for space exploration, the science program, and NASA aeronautics research.
Climate Change: Current Issues and Policy Tools
On June 2, 2008, the Senate agreed to consider a bill (S. 3036) to control greenhouse gas emissions in the United States. In the 111th Congress, leadership in both chambers have announced their intentions to pass bills in 2009 to reduce greenhouse gas emissions. These actions are indicative of the pressures Members of Congress increasingly face on whether and how to address human-induced climate change. Contentious debates scrutinize issues of science, economics, values, geopolitics and a host of other concerns. Deliberations also weigh the appropriateness of alternative policy tools and...
The Cigarette Tax Increase to Finance SCHIP
On January 15, the House passed H.R. 2, a bill which included increased tobacco taxes to finance State Children’s Health Insurance Program (SCHIP). This legislation was similar to that passed in the 110th Congress (H.R. 976 and H.R. 3162) although the initial House proposal had smaller tax increases.. H.R. 2 increases cigarette taxes, the primary source of tobacco tax revenues from 39 cents to $1.00. According to the Joint Committee on Taxation, the cigarette tax will raise $6.4 billion in federal revenues in FY2010 with all federal tobacco taxes increases raising $7.1 billion. A similar...
Georgia [Republic] and NATO Enlargement: Issues and Implications
This report examines the aspirations of Georgia [Republic] to become a member of NATO. Issues related to Georgia’s reform progress, Georgia-Russia relations, and U.S. policy are examined. This report may be updated. Related products include CRS Report RL34701, NATO Enlargement: Albania, Croatia, and Possible Future Candidates, by Vincent Morelli et al.
Pakistan’s Capital Crisis: Implications for U.S. Policy
Pakistan, a key U.S. ally in global efforts to combat Islamist militancy, is facing a serious capital crisis. In the autumn of 2008, Pakistan was in urgent need of an estimated $4 billion in capital to avoid defaulting on its sovereign debt. The elected government of President Asif Ali Zardari and Prime Minister Yousaf Raza Gillani sought short-term financial assistance from a number of sources, including the International Monetary Fund (IMF), China, and an informal group of nations (including the United States) known as the “Friends of Pakistan.”
The Pakistani government reached an...
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) provides funding for various educational programs, including a State Fiscal Stabilization Fund. The State Fiscal Stabilization Fund (SFSF) provides federal funding to states to support elementary, secondary, and postsecondary education. Although federal money provided by the SFSF is available only to public elementary and secondary schools, public and private institutions of higher education are eligible to receive federal money from the SFSF. Because the Establishment Clause of the First Amendment limits the extent to...
Judicial Security: Comparison of Legislation in the 110th Congress
The 2005 murders of the husband and mother of United States District Judge Joan Lefkow by a disgruntled litigant and the murders of Judge Rowland Barton, his court reporter, a deputy sheriff, and a federal officer in Atlanta, Georgia, focused national attention on the need for increased court security. Data from the U.S. Marshals Service (USMS), Pennsylvania’s survey of judicial safety, and the New York Office of Court Administration demonstrate that judges are the targets of threats and other aggressive actions. In addition, congressional testimony and a report by the Department of...
Medicaid Regulation of Governmental Providers
On May 29, 2007, the Centers for Medicare and Medicaid Services (CMS) issued a rule intended to establish control over the use and misuse of intergovernmental transfers in financing the states’ shares of Medicaid costs. The rule clarifies the types of intergovernmental transfers of funds allowable for financing a portion of Medicaid costs, imposes a limit on Medicaid reimbursements for government-owned hospitals and other institutional providers, and requires certain providers to retain all of their Medicaid reimbursements. In addition, the rule would establish documentation requirements...
Homeland Security Department: FY2009 Appropriations
This report describes the FY2009 appropriations for the Department of Homeland Security (DHS). The Administration requested a net appropriation of $38,849 million in budget authority for FY2009. The House Appropriations Committee reported its version of the FY2009 DHS Appropriations bill on June 24, 2008. The bill was filed on September 18, 2008, as H.R. 6947, and the accompanying report has been numbered H.Rept. 110-862. House-reported H.R. 6947 would have provided a net appropriation of $41,137 million in budget authority for DHS for FY2009. This amounted to an increase of $2,288...
Polar Bears: Listing Under the Endangered Species Act
On May 14, 2008, Interior Secretary Dirk Kempthorne announced the listing of polar bears as threatened under the Endangered Species Act (ESA). The controversial decision highlights the intersection of two significant issues currently before Congress—climate change and species protection. Under the ESA, a listing decision must rest solely on the best available scientific information concerning the species. Habitat loss has been a major reason for many decisions to add species to the list—in this case, loss of Arctic sea ice. The listing itself was praised by some environmentalists, who...
As a condition of accepting funds under the Individuals with Disabilities Education Act (IDEA), public schools must provide special education and related services necessary for children with disabilities to benefit from a public education. Generally, states can finance only a portion of these costs with federal IDEA funds. Medicaid, the federal-state program that finances medical and health services for the poor, can cover IDEA required health-related services for enrolled children as well as related administrative activities (e.g., outreach for Medicaid enrollment purposes, medical care...
A variety of proposals were made in the 110th Congress regarding granting the Delegate of the District of Columbia voting rights in the House. On January 24, 2007, the House approved H.Res. 78, which changed the House Rules to allow the D.C. delegate (in addition to the Resident Commissioner of Puerto Rico and the delegates from American Samoa, Guam, and the Virgin Islands) to vote in the Committee of the Whole, subject to a revote in the full House if such votes proved decisive. A bill introduced by Delegate Eleanor Holmes Norton, H.R. 1905, the District of Columbia House Voting Rights...
Medicare Advantage (MA) is an alternative way for Medicare beneficiaries to receive covered benefits. Under MA, private health plans are paid a per-person amount to provide all Medicare-covered benefits (except hospice) to beneficiaries who enroll in their plan. Eligible individuals may enroll in an MA plan, if one is available in their area. As of January 2009, all Medicare beneficiaries had access to an MA plan and 23% of beneficiaries enrolled in one. Private plans may use different techniques to influence the medical care used by enrollees. Some plans, such as health maintenance...
Russia-Georgia Conflict in August 2008: Context and Implications for U.S. Interests
In the early 1990s, Georgia and its breakaway South Ossetia region had agreed to a Russian-mediated ceasefire that provided for Russian “peacekeepers” to be stationed in the region. Moscow extended citizenship and passports to most ethnic Ossetians. Simmering long-time tensions escalated on the evening of August 7, 2008, when South Ossetia and Georgia accused each other of launching intense artillery barrages against each other. Georgia claims that South Ossetian forces did not respond to a ceasefire appeal but intensified their shelling, “forcing” Georgia to send in troops. On August 8,...
General aviation (GA)—a catch-all category that includes about 54% of all civilian aviation activity within the United States—encompasses a wide range of airports, aircraft, and flight operations. Because GA plays a small but important role in the U.S. economy, improving upon GA security without unduly impeding air commerce or limiting the freedom of movement by air remains a significant challenge. However, policymakers have received mixed signals about the relative security risk posed by GA, due to its diversity and a general lack of detailed information regarding the threat and...
Unauthorized Employment in the United States: Issues, Options, and Legislation
As immigration reform and the illegal alien population have gained congressional and public attention in the past several years, the issue of unauthorized employment has come to the fore. It is widely accepted that most unauthorized aliens enter and remain in the United States in order to work. Thus, eliminating employment opportunities for these aliens has been seen as key to curtailing unauthorized immigration.
The Immigration Reform and Control Act (IRCA) of 1986 amended the Immigration and Nationality Act (INA) to add provisions, sometimes referred to as employer sanctions, that made...
The Supreme Court Accepts Five Environmental Cases During Its 2008-2009 Term
In the Supreme Court’s 2008-2009 term, which likely will conclude in late June, 2009, the Court has accepted for argument five environmental cases—an unusually large number out of the roughly 85 cases accepted for argument. This report reviews the cases, decided and undecided, and then briefly comments.
The one case of the five that is already decided is Winter v. Natural Resources Defense Council, holding that the national security interest in the Navy’s being able to conduct exercises using “mid-frequency active sonar” clearly outweighs the danger to whales from use of such sonar. In so...
The FHA Modernization Act of 2008
The Federal Housing Administration (FHA) has been insuring lenders against loss on home loans since 1934, and has insured about 35 million homes at a mortgage volume of about $2 trillion. In past years, FHA was often the innovator in testing new mortgage products, but in recent years the private mortgage market has been offering mortgages that appealed to borrowers who otherwise may have sought FHA-insured home loans. As a result, the FHA share of the mortgage market declined. FHA reform measures were debated in previous sessions of Congress, but FHA reform proved controversial and these...
This report summarizes and analyzes four previous government market interventions (Home Owners Loan Corporation in 1933, Continental Illinois in 1984, the savings and loan insurance fund shortfall in 1989, and the Latin American debt crisis in 1989), in light of current mortgage market conditions. Current proposals to help delinquent homeowners share many features in common with all of these actions.
The Home Owners Loan Corporation (HOLC) purchased delinquent mortgages at a discount and worked with homeowners to restructure the mortgages into more manageable terms. HOLC accepted slightly...
Expedited Citizenship Through Military Service: Current Law, Policy, and Issues
Since the beginning of Operation Iraqi Freedom in March 2003, there has been and continues to be considerable congressional interest in further streamlining and expediting the naturalization process for military personnel and in providing immigration benefits specifically for immediate relatives of such personnel. The reported deaths in action of noncitizen soldiers drew attention to the immigration laws that grant posthumous citizenship and to the advantages of further expediting naturalization for noncitizens serving in the United States military. President George W. Bush officially...
Small Business Provisions in the American Recovery and Reinvestment Act of 2009
This report provides an overview of key provisions related to the Small Business Administration (SBA), based on appropriations in the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5).
China's Foreign Aid Activities in Africa, Latin America, and Southeast Asia
This report examines China's economic impact in three regions -- Africa, Latin America (Western Hemisphere), and Southeast Asia -- with an emphasis on bilateral foreign assistance. In the past several years, the People's Republic of China (PRC) has bolstered its diplomatic presence and garnered international goodwill through its financing of infrastructure and natural resource development projects, assistance in the carrying out of such projects, and large economic investments in many developing countries
Military Construction, Veterans Affairs, and Related Agencies: FY2009 Appropriations
Soon after it convened, the 111th Congress initiated H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA), otherwise known as the “economic stimulus.” Passed by both chambers and enacted by President Barak Obama on February 17, 2009, the Act adds approximately $4.3 billion to the $119.6 billion regular FY2009 appropriations for military construction and veterans affairs accounts contained in Division E of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act for FY2009. The President’s request for those funds and Congress’ disposition of the request...
Defense: FY2009 Authorization and Appropriations
Soon after the 111th Congress convened, it began drafting H.R. 1, the American Recovery and Reinvestment Act of 2009, generally referred to as the “economic stimulus” bill. This bill added a total of $8.5 billion to amount previously appropriated for DOD in FY2009. Of the additional funds provided by H.R. 1, $4.6 billion was for accounts funded by the regular FY2009 DOD appropriations provided by Division D of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act for FY2009, generally referred to as the “continuing resolution,” which President George W. Bush...
It has been proposed that Congress prohibit the sale or rental to minors of video games that are rated “M” (mature) or “AO” (adults-only) by the Entertainment Software Ratings Board. This board is a non-governmental entity established by the Interactive Digital Software Association, and its ratings currently have no legal effect. The Board’s website sets forth the criteria for its “M” and “AO” ratings:
Titles rated M (Mature) have content that may be suitable for persons ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong...
China established its major sovereign wealth fund, the China Investment Corporation (CIC) on September 29, 2007—six months after it first announced its intention to create such a fund. Financed with $200 billion in initial capital, the CIC is one of the largest sovereign wealth funds (SWFs) in the world.
The creation of CIC was somewhat controversial in China. Both the People’s Bank of China (PBOC) and the Ministry of Finance (MOF) reportedly wanted the CIC under their authority. In the end, the CIC reports directly to China’s ruling State Council. However, as part of the interagency...
North Korean Ballistic Missile Threat to the United States
This report briefly reviews North Korea’s ballistic missile program. In summer 2007, North Korea tested modern, short-range missiles. In February 2009, South Korea reported the DPRK had deployed a new intermediate-range missile. This report may be updated periodically. Additional information is provided by CRS Report RL33590, North Korea’s Nuclear Weapons Development and Diplomacy, by Larry A. Niksch.
Climate Change: Science Highlights
Scientific conclusions have become more compelling regarding the influence of human activities on the Earth’s climate. In 2007, the Intergovernmental Panel on Climate Change (IPCC) declared that evidence of global warming was “unequivocal.” It concluded that “[m]ost of the observed increase in globally averaged temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic [human-related] greenhouse gas [GHG] concentrations.”
The IPCC concluded that human activities have markedly increased atmospheric concentrations of “greenhouse gases” (GHG),...
End-of-Life Care: Services, Costs, Ethics, and Quality of Care
End-of-life care can be broadly defined as health care provided to persons who are very ill, have a prognosis that is likely to worsen, and most likely will die in the near term from their illness. End-of-life care may be in the form of acute care provided in the days or months prior to death or palliative care, which focuses on relieving the patient’s suffering and reducing the severity of disease symptoms as well as improving quality of life. Hospice care is a form of palliative care that delivers comfort care to those who forgo curative treatment and have a life expectancy that can be...
Human Services Provisions of the American Recovery and Reinvestment Act
The federal government provides grants-in-aid to states and local governments to provide a range of benefits and human services programs to disadvantaged families and persons. Most such human services are administered, and often designed, at the state and local level. Some human services are provided by community or nonprofit organizations.
The current recession is straining the budgets of state and local governments, putting pressure on many jurisdictions to cut spending or raise taxes, at the same time that these governments potentially face an increase in demand for benefits and...
Foreign Students in the United States: Policies and Legislation
In the midst an economic downturn, colleges and universities in the United States are finding themselves confronting economic difficulties. Foreign students have historically been an important source of revenue for colleges and universities because unlike many of their native counterparts, foreign students frequently do not receive financial aid from the university—particularly at the undergraduate level. Despite the financial justifications for admitting large numbers of foreign students, critics of foreign student admissions generally raise two objections. The first objection is that...
On February 17, 2009, President Obama signed into law H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). The ARRA is a response to the depth of the economic recession facing the United States (and the rest of the world) at the beginning of 2009. It is billed as an economic stimulus package to improve the situation of individuals and businesses. The ARRA boosts government spending on various infrastructure programs and government benefits programs, and offers individual and business tax benefits. The Congressional Budget Office (CBO) estimates that the ARRA will...
Overview of Filipino Veterans’ Benefits
The United States has had a continuous relationship with the Philippine Islands since 1898, when they were acquired by the United States as a result of the Spanish-American War. Filipinos have served in, and with, the U.S. Armed Forces since the Spanish-American War, and especially during World War II. The Islands remained a possession of the United States until 1946.
Since 1946, Congress has passed several laws affecting various categories of Filipino veterans. Many of these laws have been liberalizing laws that have provided Filipino World War II veterans with medical and monetary...
The First-Time Homebuyer Tax Credit: An Economic Analysis
This report analyzes the ability of the first-time homebuyer tax credit to stimulate home buying and stabilize home prices. It includes information about current economic conditions, the tax credit with an economic analysis, marginal first-time home buyers, the cost of home ownership, the influence of the economy, and information about policy options and specific ways to adjust the tax credit.
Department of Defense Facilities Energy Conservation Policies and Spending
In the early 1970s, Congress began mandating reductions in energy consumed by federal agencies; primarily by improving building efficiency, and reducing fossil fuel use. Early legislation mandated a 10% reduction in federal building energy and a recent Executive Order mandates a 30% further reduction by 2015. President-elect Obama has included the goal of improving public building energy efficiency in his administration’s economic recovery plan.
This report reviews energy conservation legislation and Executive Orders that apply to the Department of Defense, directives and instructions to...
The Evolving Broadband Infrastructure: Expansion, Applications, and Regulation
Over the past decade, the telecommunications sector has undergone a vast transformation fueled by rapid technological growth and subsequent evolution of the marketplace. Much of the U.S. policy debate over the evolving telecommunications infrastructure is framed within the context of a “national broadband policy.” The way a national broadband policy is defined, and the particular elements that might constitute that policy, determine how and whether various stakeholders might support or oppose a national broadband initiative. The issue for policymakers is how to craft a comprehensive...
Funding for Workforce Development in the American Recovery and Reinvestment Act (ARRA) of 2009
On February 13, 2009, both the House and Senate passed the conference version of H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA). The primary purposes of the ARRA focus on promoting economic recovery, assisting those most affected by the recession, improving economic efficiency by “spurring technological advances in science and health,” investing in infrastructure, and stabilizing state and local government budgets. The House had previously passed its version of H.R. 1 (House-passed bill) on January 28, 2009, while the Senate passed S.Amdt. 570, an amendment in the nature...
Animal Identification: Overview and Issues
This report provides information about animal identification and proposed solutions. Livestock industry groups, animal health officials, and the U.S. Department of Agriculture (USDA) have been working to establish a nationwide identification (ID) system capable of quickly tracking animals from birth to slaughter, to deal with animal diseases and/or to satisfy foreign market specifications. Some consumer groups are among those who believe ID also would be useful for food safety or retail labeling purposes.
Israel and Hamas: Conflict in Gaza
This report closely examines the conflict in Gaza (2008-2009), assessing the impact of the conflict on civilians, possible consequences and unresolved issues, the regional and international implications and possible modes of action for the 111th Congress to consider in response.
Japan’s Nuclear Future: Policy Debate, Prospects, and U.S. Interests
Japan, traditionally one of the most prominent advocates of the international non-proliferation regime, has consistently pledged to forswear nuclear weapons. Nevertheless, evolving circumstances in Northeast Asia, particularly North Korea’s nuclear test in October 2006 and China’s ongoing military modernization drive, have raised new questions about Japan’s vulnerability to potential adversaries and, therefore, the appeal of developing an independent nuclear deterrent. The previous taboo within the Japanese political community of discussing a nuclear weapons capability appears to have been...
Selected Laws Governing the Disclosure of Customer Phone Records by Telecommunications Carriers
Telephone records contain a large amount of intimate personal information. Recent years have seen a rise in the use of this information for marketing and even for criminal purposes. The purchase and sale of telephone record information, therefore, became a booming business. Websites and data brokers claiming to be able to obtain the phone records for any phone number within a few days abounded. However, the methods by which these data brokers obtained their information came under intense fire from public interest groups concerned about consumer privacy.
Consumer groups and news outlets...
Whales and Sonar: Environmental Exemptions for the Navy's Mid-Frequency Active Sonar Training
This report discusses laws related to the protection of marine mammals when using mid-frequency active sonar including the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Coastal Zone Management Act (CZMA). The report discusses each of the laws generally, and then reviews the litigation surrounding the Navy's compliance with these laws in the context of using the sonar for training purposes off California's coast.
State Children’s Health Insurance Program (CHIP) Legislative History
The Balanced Budget Act of 1997 (P.L. 105-33, BBA-97) established the State Children’s Health Insurance Program (CHIP) under a new Title XXI of the Social Security Act. CHIP builds on Medicaid by providing health care coverage to low-income, uninsured children in families with incomes above applicable Medicaid income standards. This report provides a summary of major changes to the State Children’s Health Insurance Program (CHIP) enacted in public laws beginning with the legislation authorizing the program in 1997. It will be updated as legislative activity warrants.
The Carbon Cycle: Implications for Climate Change and Congress
Huge quantities of carbon are actively exchanged between the atmosphere and other storage pools, including the oceans, vegetation, and soils on the land surface. The exchange, or flux, of carbon among the atmosphere, oceans, and land surface is called the global carbon cycle. Comparatively, human activities contribute a relatively small amount of carbon, primarily as carbon dioxide (CO2), to the global carbon cycle. Despite the addition of a relatively small amount of carbon to the atmosphere, compared to natural fluxes from the oceans and land surface, the human perturbation to the carbon...
Medicaid and Graduate Medical Education
This report discusses Medicaid coverage of graduate medical education (GME) costs. GME costs are difficult to determine because teaching occurs in the context of patient care and research. There are direct GME (DGME) costs, which include residents' stipends, payments to supervising physicians, and direct program administration costs.
This report discusses the major transportation and transportation security-related provisions of the American Recovery and Reinvestment Act of 2009 (H.R. 1) as passed by the House on January 28, 2009, and the Senate on February 10, 2009. The report also discusses the major transportation provisions of the conference report on H.R. 1 (H.Rept. 111-16), which was passed by both the House and Senate on February 13, 2009, and signed by President Barack Obama on February 17, 2009.
Troubled Asset Relief Program and Foreclosures
Increasing foreclosure rates and problems in financial markets are some of the issues addressed in the Emergency Economic Stabilization Act of 2008 (P.L. 110 343), which created the Troubled Asset Relief Plan (TARP). This report is concerned with Title II of the bill, which would require the Treasury to spend a minimum of $40 billion of the second $350 billion on foreclosure mitigation.
The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2009
This review gives an overview of the budget of the National Oceanic and Atmospheric Administration (NOAA) requested for the 2009 fiscal year (FY2009) by President Bush on February 4, 2008. Bush Administration priorities for the NOAA budget included restoring funding for some programs that were flat-funded or cut for FY2008; recapitalizing aging facilities, equipment, vessels, buildings, and other infrastructure; and ensuring that NOAA satellite programs meet mission requirements and are kept to schedule.
Iraqi Refugees and Internally Displaced Persons: A Deepening Humanitarian Crisis?
Some aspects of the humanitarian crisis many feared would take place in March 2003 with the initial military operation in Iraq unfolded later as a result of the ongoing insurgency and sectarian violence. It is estimated that in total (including those displaced prior to the war) there may be as many as 2 million Iraqi refugees who have fled to Jordan, Syria, and other neighboring states, and approximately 2.7 million Iraqis who have been displaced within Iraq itself.
Between 2004-2007, the violence and insecurity resulting from the ongoing sectarian strife, terrorism, and insurgency in Iraq...
The economy officially was considered in a recession in December 2008, but many forecasters had long recognized the downturn and some believed this economic contraction would be more severe than other post-World War II economic slowdowns. A combination of factors have combined to present policymakers with difficult decisions on how best to stimulate the economy. Troubling instability in the housing and financial services sectors have combined with weak auto manufacturing demand, and high energy costs earlier in the year to slow growth dramatically and force millions into unemployment. With...
This report provides a brief analysis of selected “general oversight provisions” in the House- and Senate-passed versions of the American Recovery and Reinvestment Act of 2009 (ARRA, H.R. 1, 111th Congress). The analysis is included in a side-by-side discussion of similar provisions in each bill.
For purposes of this report, the term “general oversight provision” means an oversight-related provision that addresses multiple agencies or programs. Therefore, oversight-related provisions that are specific to a single program or appropriation, such as appropriations set-asides, are excluded...
Auction Basics: Background for Assessing Proposed Treasury Purchases of Mortgage-Backed Securities
To address the turmoil in financial markets, the Emergency Economic Stabilization Act (EESA; H.R. 1424, P.L. 110-343), enacted on October 3, 2008, authorizes purchases of “troubled assets.” The act passed the Senate on October 1, 2008, passed the House on October 3, 2008, and was signed into law the same day. While the last Bush Administration Treasury Secretary, Henry Paulson, initially proposed using reverse Dutch auctions to purchase troubled assets—primarily mortgage-related securities from financial institutions—he soon chose to shelve the reverse auction program. A “Financial...
Medicaid Citizenship Documentation
Since 1986, the Immigration Reform and Control Act (P.L. 99-603) has mandated Medicaid to have applicants declare under penalty of perjury that they are citizens or nationals of the United States (or that they are aliens in a satisfactory immigration status). Subsequently, §432 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) stated that the Secretary of Health and Human Services must establish procedures for persons applying for federal public benefits to “provide proof of citizenship in a fair and nondiscriminatory manner.” States could accept...
State Medicaid and SCRIP Coverage of Noncitizens
This report focuses on the laws governing noncitizen eligibility for Medicaid and the State Children's Health Insurance Program (SCHIP) and -- to the extent of available data -- implementation of these policies at the state level
California’s Waiver Request Under the Clean Air Act to Control Greenhouse Gases From Motor Vehicles
California has adopted regulations requiring new motor vehicles to reduce emissions of greenhouse gases (GHGs), beginning in model year 2009. The Clean Air Act (CAA) generally preempts states from adopting their own emission standards for mobile sources. However, the act allows such standards in California, if the state obtains a waiver of CAA preemption from EPA.
California requested this waiver in 2005, but EPA took until December 19, 2007, to decide that it would deny the request. On that day, EPA Administrator Stephen Johnson wrote California Governor Schwarzenegger to say, “I have...
Members Who Have Served in the U.S. Congress for 30 Years or More
This report identifies the 240 Members of Congress who have served in Congress for at least 30 years, as of February 11, 2009. Those 240 Members are only 2% of the 11,893 individuals who have represented their states and congressional districts in Congress since 1789.
Of the 240 Members with at least 30 years of congressional service, 139 have spent all of their congressional careers in the House; 29 have spent all of their careers in the Senate; and 72 have had combined service in the House and Senate. Among Members of the 111th Congress, 16 Senators and 18 Representatives have served 30...
U.S. Patent and Trademark Office Reforms: Regulatory Impacts Upon Innovation and Competition
Congressional interest in the patent system has been evidenced by discussion of substantial reform bills in previous sessions. Alongside these congressional proposals, the United States Patent and Trademark Office (USPTO) has engaged in a significant rulemaking effort in recent years. This process culminated in new rules that would make several significant changes to the patent acquisition process.
First, the rules would limit the number of “continued applications” that could be filed, absent a petition and showing by the patent applicant of the need for such applications. Stated...
Should the Federal Reserve Adopt an Inflation Target?
Some economists have long criticized the American model of central banking for featuring multiple policy goals, discretion on the part of the central bankers as to which goal to emphasize, freedom in the choice of instruments to achieve the policy goals, and rather vague accountability for policy failures if, indeed, these can even be identified. Recently, the critics have urged that the multiple policy goals of the Federal Reserve (Fed) be replaced by a single goal of price stability. Critics believe that central bankers tend to use their discretionary powers to achieve political as well...
China-U.S. Relations in the 110th Congress: Issues and Implications for U.S. Policy
This report deals with U.S.-China relations during the 110th Congress (2007-2008) and with a number of key events involving China during the two-year period. These events included: China’s anti-satellite weapon test (January 2007); the 17th Party Congress (October 2007); a crackdown against demonstrations in Tibet (March 2008); the election of a new, pro-engagement government in Taiwan (March 2008); the massive Sichuan earthquake (May 2008); and Beijing’s hosting of the 2008 Olympics (August 2008).
U.S.-China relations were remarkably smooth for much of the 110th, although there were...
American voters elect the President and Vice President indirectly, through presidential electors. Established by Article II, Section 1, clause 2 of the U.S. Constitution, this electoral college system has evolved continuously since the first presidential elections. Despite a number of close contests, the electoral college system has selected the candidate with the most popular votes in 47 of 51 presidential elections since the current voting system was established by the 12th Amendment in 1804. In three cases, however, candidates were elected who won fewer popular votes than their...
Federal Land Management Agencies: Background on Land and Resources Management
The federal government owns about 650 million acres (29%) of the 2.27 billion acres of land in the United States. Four agencies administer 617.5 million acres of the federal land: the Forest Service in the Department of Agriculture, and the Bureau of Land Management, Fish and Wildlife Service, and National Park Service, all in the Department of the Interior. Most of these lands are in the West, including Alaska. They generate revenues for the U.S. Treasury, some of which are shared with states and localities. The agencies receive funding through the annual Interior, Environment, and...
Financing Recovery from Large-Scale Natural Disasters
This report provides an analysis of the challenges facing property and casualty insurance and reinsurance companies in financing large-scale natural disasters, particularly during financial market turmoil.
Polygraph Use by the Department of Energy: Issues for Congress
Four years after Congress directed the Department of Energy (DOE) to revamp its polygraph program, taking into account a 2003 National Academy of Sciences (NAS) report that questioned the scientific basis for the accuracy of polygraph testing, particularly when used to “screen” employees, DOE promulgated a regulation on October 30, 2006, that eliminated polygraph screening tests without specific cause. DOE said its counterintelligence evaluation policies were now consistent with existing Intelligence Community practices and the NAS 2003 report’s recommendations, particularly for cases when...
Ocean Piracy and Its Impact on Insurance
This report examines the issue of piracy off the coast of East Africa in the Indian Ocean and the Gulf of Aden. The report looks into the impact of such piracy on the insurance industry and explains the available options for Congress to mitigate piracy's negative effects on the industry.
Mountain Pine Beetles and Forest Destruction: Effects, Responses, and Relationship to Climate Change
The mountain pine beetle is a native insect of western U.S. pine forests. It survives by killing infested trees, usually individually, but occasionally in epidemics. Mountain pine beetle epidemics are particularly associated with lodgepole pine, a common western tree that typically grows in dense, even-aged stands. The beetle is a seasonally adapted species that thrives in areas where it can complete its life cycle in one year. The beetle has evolved a mass-attack approach to overwhelm tree defenses through large numbers, and adults congregate on large trees under stress. Widespread stress...
Nuclear Waste Disposal: Alternatives to Yucca Mountain
Congress designated Yucca Mountain, NV, as the nation’s sole candidate site for a permanent high-level nuclear waste repository in 1987, following years of controversy over the site-selection process. Over the strenuous objections of the State of Nevada, the Department of Energy (DOE) submitted a license application for the proposed Yucca Mountain repository in June 2008 to the Nuclear Regulatory Commission (NRC). During the 2008 election campaign, now-President Obama lent support to Nevada’s fight against the repository, contending in an issue statement that he and now-Vice President...
Impact of the Abolition of McCarran-Ferguson Antitrust Exemption for the “Business of Insurance”
Identical, bipartisan bills, S. 618 and H.R. 1081, that would have eliminated the antitrust exemption for the “business of insurance” in the McCarran-Ferguson Act (15 U.S.C. §§ 1011-1015), in force since 1945, were introduced in the 110th Congress, and similar legislation may be introduced in the 111th Congress. The impact of S. 618 and H.R. 1081, had they been enacted, is unclear. They would each have amended 15 U.S.C. § 1012(b) to make the antitrust laws and the Federal Trade Commission (FTC) Act “as it relates to unfair methods of competition” specifically applicable to such business....
Iran’s Ballistic Missile Programs: An Overview
Iran has an active interest in developing, acquiring, and deploying a broad range of ballistic missiles, as well as developing a space launch capability. This was spotlighted several times since 2008. In mid-July 2008, Iran launched a number of ballistic missiles during military exercises, reportedly including the medium-range Shahab-3. At the time, a Pentagon spokesman said Iran was “not testing new technologies or capabilities, but rather firing off old equipment in an attempt to intimidate their neighbors and escalate tension in the region.” Subsequent analysis of the July 2008 missile...
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (H.R. 7311), passed both the House and the Senate on December 10, 2008. The President signed it into law on December 23, 2008, P.L. 110-457, 122 Stat. 5044 (2008). Although much of the Wilberforce Act originated in H.R. 3887, most of its criminal provisions did not. Most appeared first in Senate bill S. 3061, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which Senator Biden introduced with a brief accompanying statement on May 22, 2008. Congress ultimately elected to...
The Federal Funding Accountability and Transparency Act: Implementation and Proposed Amendments
On September 26, 2006, President Bush signed the Federal Funding Accountability and Transparency Act (FFATA) into law (P.L. 109-282). In an attempt to expand oversight of federal spending, including earmarks, the new law required the Office of Management and Budget (OMB) to establish a publicly available online website that provides access to information about entities that are awarded federal grants, loans, contracts, and other forms of assistance. Federal agencies award over $880 billion dollars annually in three of the primary categories of financial assistance that are included in the...
The Americans with Disabilities Act (ADA) Proposed Regulations
The Americans with Disabilities Act (ADA) has often been described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” (42 U.S.C. §12101(b)(1)) On June 17, 2008, the Department of Justice (DOJ) issued notices of proposed rulemaking (NPRM) for ADA title II (prohibiting discrimination against individuals with disabilities by state and local governments), and ADA title III (prohibiting...
The Children’s Health Insurance Program Reauthorization Act of 2009
The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA 2009, H.R. 2) was passed in the House on January 14, 2009, and in the Senate on January 29, 2009. The overall structure of CHIPRA 2009 is similar to its two predecessors, H.R. 976 and H.R. 3963 from the 110th Congress.
Most of this report summarizes changes to current law across the major provisions of CHIPRA 2009. Where the provisions of the House and Senate versions are identical, the references in this report will simply be to “CHIPRA 2009.” Where the provisions differ, the House and Senate versions will be...
Enforcement of the HIPAA Privacy and Security Rules
The privacy and security of health information is recognized as a critical element of transforming the health care system through the use of health information technology. As part of H.R. 1, the American Recovery and Reinvestment Act of 2009, the 111th Congress is considering legislation to promote the widespread adoption of health information technology which includes provisions dealing with the privacy and security of health records. For further information, see CRS Report RS22760, Electronic Personal Health Records, by Gina Stevens.
P.L. 104-191, the Health Insurance Portability and...
The Fourth Amendment to the U.S. Constitution provides a right against “unreasonable searches and seizures.” To deter the federal and state governments from violating this right, courts have developed an “exclusionary rule,” which requires that evidence obtained as a result of an invalid search or seizure be excluded from use at trial.
The Supreme Court has narrowed the scope of the exclusionary rule in several cases since the late 1970s. In United States v. Leon, the Court created the “good-faith” exception to the exclusionary rule. The good-faith exception applies when officers conduct a...
In the years leading up to the terrorist attacks of September 11, 2001, the United States lacked a comprehensive national policy and strategy for aviation security. The approach to aviation security was largely shaped by past events, such as the bombing of Pan Am flight 103 in December 1988, rather than a comprehensive evaluation of the full range of security risks. The 9/11 Commission concluded that the terrorist attacks of September 11, 2001, revealed failures of imagination, policy, capabilities, and management by both the Federal Aviation Administration (FAA) and the U.S. intelligence...
Retirement Plan Participation and Contributions: Trends from 1998 to 2006
This report discusses worker participation in employer-sponsored retirement plans. The analysis CRS conducted for this report focused on workers aged 21 and older with a paid job in the private sector.
The Individuals with Disabilities Education Act (IDEA): Final Regulations for P.L. 108-446
The 108th Congress passed P.L. 108-446, which reauthorized and revised the Individuals with Disabilities Education Act (IDEA). IDEA is the major federal statute authorizing funds for special education and related services for children with disabilities, and providing detailed due process provisions to ensure that these children receive a free appropriate public education (FAPE). Although much of the basic structure of IDEA has been retained, P.L. 108-446 does make a number of significant changes. Among these are the definition of “highly qualified” teachers, requirements for children’s...
As the incoming Obama Administration conducts a review of U.S. policy toward North Korea, addressing the issue of human rights and refugees remains a priority for many members of Congress. The passage of the reauthorization of the North Korean Human Rights Act in October 2008 (P.L. 110-346) reasserted congressional interest in influencing executive branch policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy...
Bolivia: Political and Economic Developments and Relations with the United States
Bolivia has experienced a period of political volatility, with the country having had six presidents since 2001. Evo Morales, an indigenous leader and head of Bolivia’s coca growers’ union, and his party, the leftist Movement Toward Socialism (MAS), won a convincing victory in the December 18, 2005, presidential election with 54% of the votes. Early in his term, President Morales moved to decriminalize coca cultivation and nationalized the country’s natural gas industry. His efforts to reform the Bolivian constitution have, until recently, been stymied by a strong opposition movement led...
Livestock Marketing and Competition Issues
Changes in the structure and business methods of livestock and meat production and marketing—sometimes referred to as consolidation, concentration and/or vertical integration—have long generated interest and controversy in Congress. The top four firms slaughtered 69% of all U.S. cattle in 2006. In 1985, the then-top four packers accounted for 39% of all cattle slaughter, according to industry and USDA statistics. Since 2007, however, some approved and planned acquisitions in the beef packing sector could further alter these statistics. In the beef sector, one company now accounts for a...
Sugar Policy and the 2008 Farm Bill
Congress reauthorized the sugar price support program with some changes in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the enacted 2008 farm bill). The sugar program is designed to guarantee the price received by sugar crop growers and processors and is intended to operate at “no cost” to the U.S. Treasury. To accomplish this, the U.S. Department of Agriculture (USDA) controls supply by limiting the amount of sugar that processors can sell domestically under “marketing allotments” and restricts imports. At the same time, USDA seeks to ensure that supplies of sugar are...
The African Development Bank Group
This report discusses the African Development Bank (AfDB) Group, which is a regional development bank (RDB) "dedicated to combating poverty and improving the lives of people of the continent." It comprises three lending facilities: the market rate facility, the AfDB; a concessional lending facility, the African Development Fund; and a trust fund established by Nigeria to lend to low-income African countries. The Bank has 53 African members, as well as 24 non-regional members, including the United States.
Taxes and Offshore Outsourcing
The impact of taxes on international trade and investment has been debated for decades. Most recently, a variety of bills addressing international taxation were introduced in the 110th Congress—some would have cut taxes for U.S. firms overseas, while others would have increased taxes on foreign investment. The debate over taxes and foreign outsourcing has tended to grow more heated during times of domestic economic weakness and high unemployment; questions arise over whether taxes contribute to such weakness by discouraging exports (or encouraging imports) or by encouraging U.S. firms to...
Immigration Policy on Expedited Removal of Aliens
Expedited removal, an immigration enforcement strategy originally conceived to operate at the borders and ports of entry, is being expanded, raising a set of policy, resource, and logistical questions. Expedited removal is a provision under which an alien who lacks proper documentation or has committed fraud or willful misrepresentation of facts may be removed from the United States without any further hearings or review, unless the alien indicates a fear of persecution. Congress added expedited removal to the Immigration and Nationality Act (INA) in 1996, making it mandatory for arriving...
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (H.R. 7311), passed both the House and the Senate on December 10, 2008. The President signed it into law on December 23, 2008, P.L. 110-457, 122 Stat. 5044 (2008). Although much of the Wilberforce Act originated in H.R. 3887, most of its criminal provisions did not. Most appeared first in Senate bill S. 3061, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which Senator Biden introduced with a brief accompanying statement on May 22, 2008. Congress ultimately elected to...
Family Caregiving to the Older Population: Background, Federal Programs, and Issues for Congress
Family caregiving to older individuals in need of long-term care encompasses a wide range of activities, services, and supports. Caregiving can include assistance with personal care needs, such as bathing, dressing, and eating, as well as other activities necessary for independent living, such as shopping, medication management, and meal preparation. In addition, family caregivers may arrange, supervise, or pay for formal or paid care to be provided to the care recipient.
Family caregivers fulfill the majority of the need for long-term care by older persons with chronic disabilities in the...
This report provides answers to some frequently asked questions concerning ongoing financial disruptions and the Troubled Asset Relief Program (TARP). It also summarizes legislation in the 111th Congress such as H.R. 384, the TARP Reform and Accountability Act of 2009 and H.R. 703, "Promoting Bank Liquidity and Lending Through Deposit Insurance, Hope for Homeowners, and other Enhancements."
The Worker, Retiree, and Employer Recovery Act of 2008: An Overview
In December of 2008, Congress unanimously enacted the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) (P.L. 110-458), which makes several technical corrections to the Pension Protection Act of 2006 (P.L. 109-280) and contains provisions designed to help pension plans and plan participants weather the current economic downturn. This report highlights the provisions of WRERA relating to the economic crisis, such as the temporary waiver of required minimum distributions and provisions that temporarily relax certain pension plan funding requirements. This report also discusses...
In Paul v. Virginia (75 U.S. (8 Wall.) 168 (1868)), the Supreme Court ruled that “[i]ssuing a policy of insurance is not a transaction of [interstate] commerce.” United States v. South-Eastern Underwriters Ass’n. (322 U.S. 533 (1944)) held that the federal antitrust laws were applicable to an insurance association’s interstate activities in restraint of trade. Although the 1944 Court did not specifically overrule its prior determination, the case was viewed as a reversal of 75 years of precedent and practice, and created significant apprehension about the continued viability of state...
In recent years, there has been increased attention paid to the political activities of churches. Churches and other houses of worship qualify for tax-exempt status as Internal Revenue Code § 501(c)(3) organizations. Under the tax laws, these organizations may not participate in political campaign activity. Separate from the prohibition in the tax code, the Federal Election Campaign Act (FECA) may also restrict the ability of churches to engage in electioneering activities.
Legislation had been introduced in the past several Congresses that would have allowed churches to participate in at...
The Consumer Credit Protection Act: An Overview of Its Major Components
Congress enacted the Consumer Credit Protection Act in 1969, answering President Johnson’s call for consumer credit protection legislation. The original Act consisted of the Truth-in-Lending Act, which was aimed at closing an important gap in consumer information, as well as provisions restricting garnishment of wages and establishing the National Commission on Consumer Finance. Since its enactment, the Consumer Credit Protection Act has been amended several times to add provisions relating to debt collection, credit reporting, credit billing, consumer leasing, and electronic fund...
Since enactment of the Refugee Act of 1980, the Immigration and Nationality Act has contained a designation for a group of children defined as “unaccompanied refugee minors” (URMs): refugee children in the United States under the age of 18, without a parent or close relative who is willing or able to care for them. The State Department identifies refugee children overseas who are eligible for resettlement in the United States but who do not have a parent or guardian. Once these URMs are admitted to the United States, the Department of Health and Human Services’ (HHS’s) Office of Refugee...
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (P.L. 108-25) authorized $15 billion for U.S. global efforts to combat HIV/AIDS, tuberculosis (TB), and malaria from FY2004 through FY2008. It also authorized the Office of the Global AIDS Coordinator (OGAC) to oversee U.S. government efforts to combat HIV/AIDS internationally. This coordinated U.S. government effort to combat HIV/AIDS globally implements the President’s Emergency Plan for AIDS Relief (PEPFAR), a five-year initiative proposed by President Bush in January 2003.
In 2007, President Bush urged...
One way that federal law regulates groups participating in election activities is by requiring them to report information on such things as their contributions and expenditures. Reporting requirements are imposed on “political organizations” by the Internal Revenue Code (IRC) and “political committees” by the Federal Election Campaign Act (FECA). Some of the requirements are similar; in which case, entities are generally subject to either the ones in the IRC (and report to the Internal Revenue Service) or those in FECA (and report to the Federal Election Commission). Included in the...
Water Resources Issues in the 111th Congress
The federal government is involved in management of water resources throughout the country, primarily through construction, operation, and management of numerous infrastructure projects, such as dams, levees, and navigation works. Increasingly, the federal government is also involved in ecosystem restoration and protection of species and areas damaged by past construction and operations of federal projects, as well as restoration of other degraded ecosystems. This work involves restoration of some of the country’s largest estuaries; for example, the California Bay-Delta and Chesapeake...
Military Recruitment Provisions Under the No Child Left Behind Act: A Legal Analysis
This report describes the No Child Left Behind Act (NCLBA) military recruitment provisions and discusses the legal issues that they may raise if the 111th Congress considers reauthorization of the Elementary and Secondary Education Act (ESEA). The NCLBA amended the ESEA to say that high schools receiving federal funds must provide certain student contact information to military recruiters upon request and must allow recruiters to have the same access to students as employers and colleges.
Health Care for Noncitizens in Immigration Detention
Congressional hearings and press coverage critical of the medical care received by those in the custody of the Department of Homeland Security’s (DHS’s) Immigration and Customs Enforcement (ICE) have raised interest in the subject. The law provides broad authority to detain aliens while awaiting a determination of whether they should be removed from the United States and mandates that certain categories of aliens are subject to mandatory detention by DHS. Aliens not subject to mandatory detention may be detained, paroled, or released on bond.
The medical care required to be provided to...
Crop Insurance and Disaster Assistance in the 2008 Farm Bill
The federal government has relied primarily on two policy tools in recent years to help mitigate the financial losses experienced by crop farmers as a result of natural disasters—a federal crop insurance program and congressionally mandated ad-hoc crop disaster payments. Congress has made several modifications to the crop insurance program since the 1980s, in an effort to forestall the demand for supplemental disaster payments. Although the scope of the crop insurance program has widened significantly over the past 25 years, the anticipated goal of crop insurance replacing disaster...
Alien Smuggling: Recent Legislative Developments
The primary statutory provision proscribing alien smuggling is § 274 of the Immigration and Nationality Act (INA). INA § 274 proscribes a broad spectrum of activities that would aid aliens to enter and live within the United States without proper legal status. In the 110th Congress, several legislative proposals were introduced to modify the penalties for alien smuggling, some of which saw legislative action or received significant congressional interest. S. 2366/S. 2368 (the SAVE Act); House-passed H.R. 2399, its companion bill S. 2463; and House-passed H.R. 2830 all contained similar...
The Ensuring Continued Access to Student Loans Act of 2008
Federal student loans are made available under two major loan programs authorized under the Higher Education Act (HEA) of 1965, as amended: the Federal Family Education Loan (FFEL) program, authorized by Title IV, Part B, of the HEA; and the William D. Ford Federal Direct Loan (DL) program, authorized by Title IV, Part D, of the HEA. Under the FFEL program, private lenders make loans and the federal government guarantees lenders against loss due to borrower default, death, permanent disability, or, in limited instances, bankruptcy. Under the DL program, the federal government lends...
Existing international agreements relevant to broadcasting protections do not cover advancements in broadcasting technology that were not envisioned when they were concluded. Therefore, in 1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend protection to new methods of broadcasting. The SCCR has not yet achieved consensus on a text.
In recent years, a growing signal piracy problem has increased the urgency of concluding a new treaty, resulting in a decision by...
Foreign Aid Reform: Issues for Congress and Policy Options
Since the terrorist attacks of September 11, 2001, the role of foreign assistance as a tool of foreign policy has come into sharper focus. The President elevated global development as a third pillar of national security, with defense and diplomacy, as articulated in the U.S. National Security Strategy of 2002, and reiterated in 2006. At the same time that foreign aid is being recognized as playing an important role in U.S. foreign policy, it has also come under closer scrutiny by Congress, largely in response to a number of presidential initiatives, and by critics who argue that the U.S....
Funding authorization for aviation programs set forth in Vision 100—Century of Aviation Reauthorization Act (P.L. 108-176) and authorization for taxes and fees that provide revenue for the aviation trust fund expired at the end of FY2007. While Federal Aviation Administration (FAA) reauthorization legislation was considered during the 110th Congress, the only related legislation enacted consisted of several short term extensions for aviation trust fund revenue collections and aviation program authority. The Federal Aviation Administration Extension Act, Part II (P.L. 110-330) extends these...
The President’s Management Agenda: A Brief Introduction
This report provides an overview of the President’s Management Agenda, announced by former President George W. Bush in August 2001. The Agenda included five government-wide initiatives: strategic management of human capital, competitive sourcing, improved financial management, expanded electronic government, and performance improvement. Related developments, such as the introduction of a Management Scorecard for gauging agency achievement on the initiatives and development of a program assessment rating tool (PART) for evaluating program performance, are also discussed. This report will...
In 1993, Russia formally applied for accession to the General Agreement on Tariffs and Trade (GATT). Its application was taken up by the World Trade Organization (WTO), the successor organization of the GATT, in 1995. Russia’s application has entered into its most significant phase as Russia negotiates with WTO members on the conditions for accession.
Accession to the WTO had been critical to Russia and its political leadership. President, now Prime Minister, Vladimir Putin had made it a top priority. However, in the last year, Russian leaders have sent mixed signals regarding their...
U.S.-Peru Economic Relations and the U.S.-Peru Trade Promotion Agreement
The U.S.-Peru Trade Promotion Agreement (PTPA) is a comprehensive trade agreement that, upon implementation, eliminates tariffs and other barriers in goods and services between the United States and Peru. The agreement was signed on April 12, 2006 by the U.S. Trade Representative and the Peruvian Minister of Foreign Trade and Tourism. On November 8, 2007, the U.S. House of Representatives passed (285-132) implementing legislation for the PTPA (H.R. 3688). The U.S. Senate approved (77-18) legislation on December 4, 2007. President Bush signed the implementing bill for the free trade...
The Proposed U.S.-Malaysia Free Trade Agreement
This report addresses the proposed U.S.-Malaysia free trade agreement (FTA). It provides an overview of the current status of the negotiations, a review of the 2008 talks, an examination of leading issues that have arisen during the negotiations, a review of U.S. interests in the proposed agreement, a summary of the potential effects of a FTA on bilateral trade, and an overview of the legislative procedures to be followed if the proposed FTA is presented to Congress for approval.
The proposed U.S.-Malaysia FTA is of interest to Congress because (1) it requires congressional approval; (2)...
The Congressional Review Act (CRA) establishes expedited procedures for Congress to disapprove regulations issued by Federal agencies. Disapproval under these procedures requires enactment of a joint resolution that has a specified text and is submitted within 60 days (excluding recesses) after Congress receives the regulation. For these disapproval resolutions, the act provides expedited procedures for Senate consideration and to clear the measure for Presidential action. If the resolution becomes law, the rule not only becomes of no force and effect, but is treated as if it had never...
Biofuels Provisions in the 2007 Energy Bill and the 2008 Farm Bill: A Side-by-Side Comparison
The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140), also known as the 2007 energy bill, significantly expands existing programs to promote biofuels. The Food, Conservation, and Energy Act of 2008 (P.L. 110-246), also known as the 2008 farm bill, contains a distinct energy title (Title IX) that covers a wide range of energy and agricultural topics with extensive attention to biofuels, including corn-starch based ethanol, cellulosic ethanol, and biodiesel. Research provisions relating to renewable energy are found in Title VII and tax provisions are found in Title XV of...
Conventional Warheads for Long-Range Ballistic Missiles: Background and Issues for Congress
This report provides an overview of the Administration's rationale for the possible deployment of conventional warheads on long-range ballistic missiles. It also reviews the Air Force and Navy efforts to develop these systems and summarizes congressional reaction to these proposals, with a more detailed account of the issues raised by these concepts and programs.
Oil Development on Federal Lands and the Outer Continental Shelf
Over the past year, crude oil prices have nearly doubled, reaching record levels, before falling below $40 dollars per barrel by the end of the year. In the 110th Congress, proposals included a number of legislative initiatives to increase domestic oil production. These proposals fell into two broad categories: (1) to open areas of the Outer Continental Shelf (OCS) which were under a leasing moratoria; and (2) to encourage companies holding oil and gas leases to diligently develop leases to bring them into production. Two bills were introduced that would have denied new leases to those...
Campaign Finance: Regulating Political Communications on the Internet
The Federal Election Campaign Act (FECA) regulates “federal election activity,” which is defined to include a “public communication” (i.e., a broadcast, cable, satellite, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank communication made to the general public) or “any other form of general public political advertising.” In 2006, in response to a federal district court decision, the FEC promulgated regulations amending the definition of “public communication” to include paid Internet advertisements placed on another individual or entity’s website. As a...
Latin America and the Caribbean: Issues for the 110th Congress
Over the past two decades, the Latin America and Caribbean region has made enormous strides in terms of political and economic development, with regular free and fair elections the norm in most countries. Although the region overall experienced an economic setback in 2002-2003, it rebounded from 2004-2007, with strong economic growth. In 2008, however, the advent of the global financial crisis and U.S. economic recession began to be felt in Latin America. Growth began to slow as commodity prices and the demand for exports and services from the region declined. Several nations also...
527 Groups and Campaign Activity: Analysis Under Campaign Finance and Tax Laws
During recent election cycles, there has been controversy regarding the increased campaign-related activity of 527 groups and to what extent they are regulated under federal law. The controversy stems from the intersection between the Federal Election Campaign Act (FECA), which regulates “political committees,” and Section 527 of the Internal Revenue Code (IRC), which provides tax-exempt status to “political organizations.” Some groups that qualify for beneficial tax treatment as “political organizations” seemingly intend to influence federal elections in ways that may place them outside...
Federal Voluntary Voting System Guidelines: Issues
The federal Voluntary Voting System Guidelines (VVSG) are a set of technical standards for voting systems that use computers to assist in recording or counting votes. The first version went into effect in December 2007, and a draft second version has been developed. The VVSG replaced the federal voluntary Voting Systems Standards (VSS). The 2005 VVSG are a partial revision of the VSS, with revision focused mainly on accessibility, usability, and security. The 2007 draft is a complete rewrite. Several issues have been raised about the VVSG that may require congressional attention. Among...
Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences
In order to enter or remain in the United States and be eligible for various immigration-related benefits, non-citizens (aliens) must comply with a number of document requirements under the Immigration and Nationality Act (INA). Attempts to circumvent these requirements are generally prohibited. Under the INA, an alien who uses, acquires, or produces fraudulent documents for immigration-related purposes may be subjected to civil penalties and denied certain immigration benefits. Additionally, certain fraudulent actions may carry criminal penalties under both the INA and the United States...
Dairy Policy and the 2008 Farm Bill
Two ongoing federal programs that support the price and income received by dairy farmers—the dairy price support program and the Milk Income Loss Contract (MILC) program—were reauthorized with modifications in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill).
The MILC program allows participating dairy farmers to receive a government payment when the farm price of milk used for fluid consumption falls below an established target price. The enacted 2008 farm bill extends the MILC program through FY2012 at the existing level of support, but increases the...
Postage Subsidies for Periodicals: History and Recent Developments
Recently, financial challenges have compelled a number of publishers of periodicals (e.g., magazines and newspapers) to downsize their operations and to cease printing certain publications. To cite just two examples—Time Inc. has said it will cut 600 jobs, and the century-old Christian Science Monitor newspaper, which is delivered via U.S. mail five days per week, is to cease publishing in paper format in April 2009.
In light of these high profile incidents, and because of a possible U.S. Postal Service postage increase in 2009, the 111th Congress may be asked to help periodical publishers...
Infrastructure Programs: What's Different About Broadband?
This report discusses the unique characteristics that may dictate that government programs in support of broadband deployment be structured differently than conventional infrastructure programs.
The War Crimes Act: Current Issues
The War Crimes Act of 1996, as amended, makes it a criminal offense to commit certain violations of the law of war when such offenses are committed by or against U.S. nationals or Armed Service members. Among other things, the act prohibits certain violations of Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts “not of an international character” (e.g., civil wars, rebellions, and other conflicts between State and non-State actors). Common Article 3 prohibits protected persons from being subjected to...
Afro-Latinos in Latin America and Considerations for U.S. Policy
The 110th Congress maintained an interest in the situation of Afro-Latinos in Latin America, particularly the plight of Afro-Colombians affected by the armed conflict in Colombia. In recent years, people of African descent in the Spanish-and Portuguese-speaking nations of Latin America—also known as “Afro-Latinos”—have been pushing for increased rights and representation. Afro-Latinos comprise some 150 million of the region’s 540 million total population, and, along with women and indigenous populations, are among the poorest, most marginalized groups in the region. Afro-Latinos have...
The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdictions. For purposes of the Convention, torture is defined as an extreme form of cruel and inhuman punishment committed under the color of law. The Convention allows for no circumstances or emergencies where torture could be permitted. Additionally, CAT Article 3 requires that no state party expel, return, or extradite a person to another country where there are substantial grounds to...
Underground Carbon Dioxide Sequestration: Frequently Asked Questions
This report answers frequently asked questions about the geologic sequestration of carbon dioxide (CO2). The questions are broadly representative of typical inquiries regarding the process and mechanics of storing CO2 underground, how much might be stored, and what might happen to CO2 once it is injected underground.
Indian Health Service: Health Care Delivery, Status, Funding, and Legislative Issues
The Indian Health Service (IHS), an agency in the Department of Health and Human Services (HHS), provides health care for eligible American Indians/Alaskan Natives through a system of programs and facilities located on or near Indian reservations and in certain urban areas. The IHS health delivery program is organized into 12 regional area offices and 161 local service units, and serves federal reservations, Indian communities, and urban Indians. In general, persons eligible for IHS services must be in IHS service areas and belong to federally recognized tribes.
The IHS-served population...
States and Proposed Economic Recovery Plans
This report examines arguments presented by the National Conference of State Legislatures (NCSL) and the National Governors Association (NGA) to include state fiscal assistance in an economic recovery plan, several arguments to exclude state assistance from such a plan, and the implications the proposals presented by NCSL and NGA might have for the economy. It also examines issues related to the targeting of state fiscal assistance and arguments for and against including infrastructure construction projects in an economic recovery plan, and presents key provisions in proposed economic...
Rural Development Provisions of the 2008 Farm Bill
Congress has expressed its concern with rural communities most directly through periodic omnibus farm bill legislation, most recently in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246). Congress uses periodic farm bills to address emerging rural issues as well as to reauthorize and/or amend a wide range of rural programs administered by USDA’s three rural development mission agencies: Rural Housing Service, Rural Business-Cooperative Service, and Rural Utilities Service.
Title VI addresses a wide range of policy issues concerning rural America. In the 2002 farm bill, these...
Discriminatory Pricing and the Robinson-Patman Act: Brief Background and Analysis
The Robinson-Patman (R-P) Act, 15 U.S.C. §§ 13, 13a, 13b, 21a, makes it unlawful, with certain exceptions, to knowingly sell goods “in commerce,” for use or sale within the United States, at differing prices to contemporaneous buyers of those goods. The “in commerce” language of Robinson-Patman has been held to mean that the interstate commerce requirement is satisfied only when at least one of the two (or more) sales is made “in the stream of commerce”—that is, across state lines.
Enacted during the Depression at the behest of small grocers who feared the buying power of large and growing...
Immigration Consequences of Criminal Activity
Congress has broad plenary authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States (“inadmissibility”) or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. “Criminal activity” comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are...
Forestry in the 2008 Farm Bill
The Food, Conservation, and Energy Act of 2008 (the 2008 farm bill) became law P.L. 110-246 when the House and Senate voted to override President Bush’s veto on June 18, 2008. The conference agreement on the bill (H.R. 2419) had been enacted, vetoed by the President, and overridden (P.L. 110-234), but inadvertently excluded the trade title. Both chambers repassed the conference agreement (with the trade title) as H.R. 6124; it was again vetoed and again overridden as P.L. 110-246.
The 2008 farm bill contained a forestry title and forestry provisions in other titles. General forestry...
Abortion Law Development: A Brief Overview
In Roe v. Wade, 410 U.S. 113 (1973), the U.S. Supreme Court determined that the Constitution protects a woman’s decision whether or not to terminate her pregnancy. In a companion case, Doe v. Bolton, 410 U.S. 179 (1973), the Court held further that a state may not unduly burden a woman’s fundamental right to abortion by prohibiting or substantially limiting access to the means of effectuating her decision. Rather than settle the issue, the Court’s decisions kindled heated debate and precipitated a variety of governmental actions at the national, state and local levels designed either to...
Over the past several decades, a series of lawsuits have challenged funding disparities that exist among school districts within the states. Spurred by concerns that such disparities discriminated against students in poor school districts or resulted in an inadequate education, school finance plaintiffs began filing lawsuits in federal and state courts based on theories involving educational equity or adequacy. This report provides an analysis of litigation regarding school financing, including an overview of the legal issues involved in such litigation and a description of the leading...
The Emergency Economic Stabilization Act of 2008 (EESA, Division A of H.R. 1424, P.L. 110-343) empowers the Secretary of the Treasury to act to stabilize the economy. Should the Secretary wish to have more than $350 billion outstanding under the program, the President must submit a written report to Congress detailing the Secretary’s request and his plan to implement it. The receipt of this report triggers a 15-day period during which Congress may reject the Secretary’s request by enacting a joint resolution of disapproval. This disapproval resolution would be considered in the House and...
Regulating Ballast Water Discharges: Legislative Issues in the 110th Congress
Today there is wide agreement on the need for stronger measures to control ballast water discharges from vessels which are a major pathway for introduction of invasive species into U.S. waters, but there are differing views on how best to do that. Current federal authority to manage ballast water, in the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended (NANPCA), has been criticized as inadequate. Several states (notably Michigan, California, Minnesota, Oregon, and Washington) have passed or are considering their own ballast water laws, creating concern that...
“Sanctuary Cities”: Legal Issues
Controversy has arisen over the existence of so-called “sanctuary cities.” The term “sanctuary city” is not defined by federal law, but it is often used to refer to those localities which, as a result of a state or local act, ordinance, policy, or fiscal constraints, place limits on their assistance to federal immigration authorities seeking to apprehend and remove unauthorized aliens. Supporters of such policies argue that many cities have higher priorities, and that local efforts to deter the presence of unauthorized aliens would undermine community relations, disrupt municipal services,...
Sovereign Wealth Funds: Background and Policy Issues for Congress
Sovereign wealth funds (SWFs) are investment funds owned and managed by national governments. Such funds currently manage between $1.9 and $2.9 trillion and are expected to grow to over $10 trillion by 2015. This is due to the rapid growth of commodity prices and large trade surpluses in several emerging market economies. Beginning in 2007, interest in SWFs increased as Asian and Middle Eastern SWFs, fueled by surging foreign exchange reserves, invested large sums of capital in U.S. and other Western companies.
Policy makers in the United States have raised two broad policy concerns...
Homeland Security Intelligence: Perceptions, Statutory Definitions, and Approaches
Since the 9/11 terrorist attacks, Congress has focused considerable attention on how intelligence is collected, analyzed, and disseminated in order to protect the homeland against terrorist threats. Prior to 9/11, it was possible to make a distinction between “domestic intelligence”—primarily law enforcement information collected within the United States—and “foreign intelligence”—primarily military, political, and economic intelligence collected outside the country. Today, threats to the homeland posed by terrorist groups are now national security threats. Intelligence collected outside...
Reporting Requirements in the Emergency Economic Stabilization Act of 2008
The Emergency Economic Stabilization Act of 2008 (EESA, Division A of H.R. 1424, P.L. 110-343) established numerous reporting requirements regarding a variety of issues, and many of those reports have already been published. The entities charged with preparation of these reports include both new entities established by the act (e.g., the Financial Stability Oversight Board and the Congressional Oversight Panel) as well as agencies and officials who existed before the enactment of EESA (e.g., the Secretary of the Treasury and the Comptroller General of the United States). The recipients of...
Conservation Provisions of the 2008 Farm Bill
The 2008 enacted farm bill (Food, Conservation, and Energy Act of 2008, P.L. 110-246) reauthorizes almost all existing conservation programs, modifies several programs, and creates various new conservation programs. A new Conservation Stewardship program replaces the existing Conservation Security Program and a new Agricultural Water Enhancement Program under the Environmental Quality Incentives Program is also authorized with mandatory funding. Other new programs include the Chesapeake Bay Watershed Program and a “Sodsaver” provision to help preserve native sod, including virgin prairie...
Criminal Restitution in the 110th Congress: A Sketch
Congress enacted two restitution provisions in the 110th Congress, one as part of the Identity Theft Enforcement and Restitution Act of 2008 (Title II of P.L. 110-326)(H.R. 5938), and the other as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (P.L. 110-403)(S. 3325). It also devoted considerable time and attention to other restitution proposals that did not see final action before the end of the Congress.
Restitution legislation in the 110th Congress fell into three categories. Some proposals, like the two provisions enacted, create or would have...
Clean Water Act: 110th Congress Legislation on Discharges from Recreational Boats
The Environmental Protection Agency (EPA) is required to develop a regulatory response to a 2006 federal court ruling that vacated a long-standing EPA rule. That rule had exempted discharges associated with the normal operation of vessels from permit requirements of the Clean Water Act. Concern that this ruling could require millions of recreational boaters to obtain permits led to the introduction of legislation in the 110th Congress to exempt these and other types of vessels from water quality regulation. This report discusses background to the issue and bills introduced in the 110th...
Criminal Restitution Proposals in the 110th Congress
Congress enacted two restitution provisions in the 110th Congress, one as part of the Identity Theft Enforcement and Restitution Act of 2008 (Title II of P.L. 110-326)(H.R. 5938), and the other as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (P.L. 110-403)(S. 3325). It devoted considerable time and attention to other restitution proposals as well.
Restitution legislation in the 110th Congress fell into three categories. Some proposals, such as two provisions enacted, create or would have created new federal crimes or amend specific existing...
Fishery, Aquaculture, and Marine Mammal Legislation in the 110th Congress
Aquaculture — the farming of fish, shellfish, and other aquatic animals and plants in a controlled environment — is expanding rapidly abroad, with more modest advances in the United States. This report discusses the federal laws and regulations that guide the management of resources in open ocean and near-shore coastal areas.
The Impact of Food Insecurity and Hunger on Global Health: Issues for Congress
The United Nations Food and Agriculture Organization (FAO) reports that world food prices spiked dramatically in the first half of 2008 and declined somewhat in the latter part of the year. From June 2007 to June 2008, FAO’s food price index increased by 44%, with wheat and rice prices increasing by 90% and maize prices by 35%. The food spikes had negative social and economic impacts, especially in low income and least developed countries. Although food prices have stabilized somewhat, they remain higher than they have been over the past decade. In addition, those who were most affected by...
Iraqi Civilian Casualties Estimates
This report presents various governmental and non-governmental estimates of Iraqi civilian deaths. The Department of Defense (DOD) regularly updates total U.S. military deaths statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578, Iraq: U.S. Casualties, by Susan G. Chesser. However, no Iraqi or U.S. government office regularly releases publically available statistics on Iraqi civilian deaths. Statistics on Iraqi civilian deaths are sometimes available through alternative sources, such as nonprofit organizations, or through statements made by officials to the...
The Endangered Species Act (ESA) in the 110th Congress: Conflicting Values and Difficult Choices
The 110th Congress took limited action to oversee implementation and funding of the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§ 1531-1543) and to consider proposals to amend the act. Major issues in recent years have included the role of science in decision-making, consultation requirements for federal agencies, critical habitat (CH) designation and procedures, protection by and incentives for property owners, and appropriate protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton...
Cuba: Issues for the 110th Congress
Since the early 1960s, U.S. policy toward Cuba has consisted largely of isolating the communist nation through economic sanctions, which the Bush Administration has tightened significantly. A second policy component has consisted of support measures for the Cuban people, including private humanitarian donations and U.S.-sponsored radio and television broadcasting to Cuba. As in past years, the main issue for U.S. policy toward Cuba in the 110th Congress was how to best support political and economic change in one of the world’s remaining communist nations. Unlike past years, however,...
General Revenue Sharing: Background and Analysis
This report provides background and analysis of the general revenue sharing program (GRS) as authorized in the State and Local Fiscal Assistance Act of 1972 (P.L. 92-512, the 1972 Act). The GRS program was extended three times before finally expiring on September 30, 1986. Over the almost 15-year life of the GRS program (1972 through 1986), more than $83 billion was transferred from the federal government to state and local governments. From 1972 to 1980, states received approximately one-third of the grants and local governments received two-thirds. State governments were excluded from...
Animal Agriculture: 2008 Farm Bill Issues
With a few exceptions (such as milk), the products of animal agriculture are not eligible for the price and income supports that Congress historically has written into farm bills for major row crops such as grains, cotton, and oilseeds. However, the meat and poultry industries do look to the federal government for leadership and support in promoting their exports, resolving trade disputes, and reassuring markets that their products are safe, of high quality, and disease-free. Farm bills can contain policy guidance and resources to help achieve these objectives.
Animal producers closely...
Federal Income Tax Thresholds for Selected Years: 1996 Through 2009
One principle of tax fairness or equity accepted by many is that households at the low end of the income spectrum, especially those near the poverty threshold, should not be subject to the federal income tax. This report estimates income tax thresholds—the point at which taxpayers have an actual out-of-pocket income tax payment. In addition, the report compares these income tax thresholds to the latest available poverty thresholds for families of different sizes.
The major structural components of the income tax code which influence the income tax threshold levels include the standard...
The Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
The United States Trade Representative (USTR) and trade ministers from Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic signed the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) on August 5, 2004. Nearly one year later, it faced a contentious debate and close vote in both houses of the U.S. Congress. The Senate passed implementing legislation 54 to 45 on June 30, 2005, with the House following in kind 217 to 215 on July 28, 2005. President Bush signed the legislation into law on August 2, 2005 (P.L. 109-53, 119 Stat....
The Cost of Government Financial Interventions, Past and Present
The results of previous government financial interventions are summarized in this report. In response to ongoing financial turmoil that began in the subprime mortgage-backed securities market, the federal government has intervened with private corporations on a large scale and in an ad hoc manner three times from the beginning of 2008 through September 19, 2008.
Medicaid and Dental Care for Children
According to guidelines published by the American Academy of Pediatric Dentistry, all youth should see a dentist for routine dental screening and preventive care twice a year. Dental care is a mandatory benefit for most Medicaid eligibles under the age of 21, however, nationwide, the majority of low-income children enrolled in Medicaid do not receive any dental services in a given year. There are many beneficiary and provider-related issues that contribute to inadequate access to and delivery of dental care. To address this problem, some states have undertaken new Medicaid initiatives to...
The Emoluments Clause: History, Law, and Precedents
With the announcements by President-elect Barack Obama that he intends to nominate several Members of Congress to various positions in the Executive Branch, questions regarding their constitutional eligibility in light of the plain language of the Emoluments Clause have been raised. This report provides an historical review of the Emoluments Clause, focusing on the debates at the time the clause was drafted, as well as the precedents adopted by Congress and the executive branch with respect to nominations where the issue has arisen.
The report also contains a legal analysis of the issues...
Recipients of Social Security Disability Insurance (SSDI) benefits are eligible for Medicare benefits after a 24-month waiting period. This report explains this waiting period and its legislative history. This report also provides information on other programs that may provide access to health insurance during the required waiting period.This report will be updated to reflect legislative activity.
Wilderness Laws: Permitted and Prohibited Uses
This report discusses the Wilderness Act generally prohibits commercial activities, motorized uses, and infrastructure developments in congressionally designated wilderness areas. However, the Wilderness Act and many subsequent laws designating wilderness areas also contain provisions authorizing activities that do not conform with these general prohibitions. The general prohibitions and the authorized uses are important because controversies persist over permissible and prohibited activities in wilderness areas, and because bills often seek to modify existing areas or activities.
An Overview of the Presidential Pardoning Power
The Constitution of the United States of America imbues the President with broad authority to grant pardons and reprieves for offenses against the United States. This report provides an overview of the scope of the President’s pardoning power, the legal effects of a pardon, and the procedures that have traditionally been adhered to in the consideration of requests for pardons.
Members of Congress have introduced resolutions expressing the sense of Congress that the President either should or should not grant pardons to certain individuals or groups of individuals, such as H.Res. 9 in the...
Iraqi Police and Security Forces Casualties Estimates
This report presents various governmental and non-governmental estimates of Iraqi police and security forces fatalities. The Department of Defense (DOD) regularly updates total U.S. military deaths and wounded statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578, Iraq: U.S. Casualties, by Susan G. Chesser, and has released the monthly pattern of Iraqi security forces deaths. For information on Iraqi civilian deaths, see CRS Report RS22537, Iraqi Civilian Deaths Estimates, by Hannah Fischer. Because these estimates are based on varying time periods and have been...
Taiwan-U.S. Relations: Recent Developments and Their Policy Implications
This report focuses on current developments in Taiwan, analyzing how those developments are affecting choices the United States makes about its policy toward Taiwan specifically and toward the People's Republic of China (PRC) more broadly.
Pension Issues: Lump-Sum Distributions and Retirement Income Security
This report covers several issues regarding pensions. Forty-seven percent of all workers aged 21 and older participated in employer-sponsored retirement plans in 2006, but not all of these workers will receive a pension or other income from these plans when they retire.
CRS Issue Statement on Child Well-Being
The nation's future depends in large part on its children's ability to develop into contributing adult members of society. For that reason, and for what many would consider a society's moral responsibility to care for the young and vulnerable, Congress and the nation take an interest in promoting children's well-being. It can be argued that children are the nation's most valuable resource, constituting the next generation of workers, taxpayers, and parents. Their well-being and ability to develop into productive adults in an increasingly competitive global economy is influenced by a...
Refugee and Asylum-Seeker Inflows in the United States and Other OECD Member States
A refugee is a person fleeing his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Asylum-seekers are individuals that claim to be refugees and apply for sanctuary from within a potential host country, but whose claim for refugee status has not yet been evaluated and determined. The United Nations High Commissioner for Refugees (UNHCR) collects data on the millions of refugees and asylum-seekers worldwide and their inflows to the United States and other...
The Role of Public Works Infrastructure in Economic Stimulus
Interest in using federal government spending to stimulate U.S. economic recovery has intensified recently in response to indicators showing significant deterioration of the economy. Policymakers at all levels of government are debating a range of options to address these problems. Some favor using traditional monetary and fiscal policies. Others, however, favor making accelerated investments in the nation’s public infrastructure in order to create jobs while also meeting infrastructure needs. This report is an overview of policy issues associated with the approach of using infrastructure...
FDA Authority to Oversee Private Laboratories That Analyze Imported FDA-Regulated Food
Industry observers have raised concerns about perceived gaps in food import safety over the past few years. One particular area of concern focuses on imported goods that are released into the United States market after the Food and Drug Administration (FDA) detains them under an import alert. Generally, these goods may be released into the market after an importer “provides evidence that the entry is in compliance with federal laws and regulations.” Currently, the FDA does not have express statutory authority to regulate the private labs that test these imported goods for compliance,...
U.S.-Vietnam Relations in 2008: Background and Issues for Congress
After communist North Vietnam’s victory over U.S.-backed South Vietnam in 1975, U.S.-Vietnam relations remained essentially frozen until the mid-1990s. Since then, bilateral ties have expanded remarkably, to the point where the relationship has been virtually normalized. Indeed, since 2002, overlapping strategic and economic interests have compelled the United States and Vietnam to improve relations across a wide spectrum of issues. Congress played a significant role in the normalization process and continues to influence the state of bilateral relations. Voices favoring improved relations...
Major Leadership Election Contests in the House of Representatives, 94th-111th Congresses
This report contains data on votes for Speaker of the House for the 94th through 110th Congresses and elections in party conferences or caucuses for major leaders within each party for the 94th through 111th Congresses. It reflects actual balloting on the House floor for Speaker and in the Democratic Caucus and Republican Conference for other positions.
Carbon Control in the U.S. Electricity Sector: Key Implementation Uncertainties
Congress has been debating a range of potential initiatives for reducing atmospheric CO2 from U.S. sources. Legislative proposals would seek to limit U.S. CO2 emissions to historical levels through emissions caps, carbon taxes, or other mechanisms. In the 110th Congress, the most prominent CO2 proposals sought reductions of nationwide CO2 emissions to 1990 levels or lower by 2030. President-elect Barack Obama has proposed cutting carbon CO2 emissions to 1990 levels by 2020, and by an additional 80% by 2050.
A fundamental question arising from carbon control proposals is how the CO2...
A Low Carbon Fuel Standard: State and Federal Legislation and Regulations
On January 18, 2007, California Governor Arnold Schwarzenegger issued an executive order directing the California Environmental Protection Agency to establish a Low Carbon Fuel Standard (LCFS). The California LCFS would require a 10% reduction in the carbon intensity of fuels in the State of California by 2020. It would require fuel suppliers to reduce the expected lifecycle greenhouse gas emissions from motor fuels, based on fuels’ energy content. In this way, the greenhouse gas intensity of transportation fuels would decrease, regardless of the growth in transportation or fuel demand....
Climate Change: Federal Program Funding and Tax Incentives
Federal funding to address global climate change was enacted at $6.37 billion for FY2008, extended by a Continuing Resolution for FY2009 at or below FY2008 levels to March 6, 2009. Members of Congress have expressed interest in how federal funding may reflect and enable an overall strategy, and priorities within it, to address climate change. This report summarizes federal funding and tax incentives identified as climate change-related under the Bush Administration. It identifies the organization of programs, how funding may reflect priorities, and external evaluations or recommendations...
The Digital Millennium Copyright Act: Exemptions to the Prohibition on Circumvention
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998, in part, to help copyright owners protect their exclusive rights against infringement facilitated by digital technologies, including the Internet. Section 1201 of the DMCA outlaws circumvention of any access control devices, such as password codes, encryption, and scrambling, that copyright owners may use to protect access to copyrighted works. The DMCA’s prohibition on circumvention is not absolute, however. In addition to several statutory exceptions to the general anti-circumvention provision, the DMCA authorizes the...
“Carbon Leakage” and Trade: Issues and Approaches
As the debate on reducing greenhouse gases (GHGs) has progressed, increasing concern has been raised about how a U.S. reduction program would interact with those of other countries. In a global context where currently some countries have legally binding policies to reduce greenhouse gas emission and other countries do not—i.e., differentiated global carbon policies—the potential exists that countries imposing carbon control policies will find themselves at a competitive disadvantage vis-à-vis countries without comparable policies.
The risks accompanying establishment of carbon control...
Sino-Japanese Relations: Issues for U.S. Policy
After a period of diplomatic rancor earlier this decade, Japan and China have demonstrably improved their bilateral relationship. The emerging détente includes breakthrough agreements on territorial disputes, various high-level exchanges, and reciprocal port calls by naval vessels. Over the past ten years, China-Japan economic interdependence has grown as trade and investment flows have surged. China -Japan economic ties serve as an anchor for the overall bilateral relationship and have become the center of a robust East Asian trade and investment network. On the other hand, military...
What Happens to SCHIP After March 31, 2009?
A report about the effects of the end of the State Children's Health Insurance Program (SCHIP).
The Department of Defense (DOD) is responsible for performing a wide range of expeditionary missions, including domestic emergency operations and military operations outside of the continental United States. DOD increasingly relies on contractors during expeditionary operations to perform a wide range of services. For example, more contractors are working for DOD in Iraq and Afghanistan than are U.S. military personnel. As a result, military personnel in the field are increasingly interacting with and responsible for managing contractors. Yet many observers argue that the military is not...
Chrysler Corporation Loan Guarantee Act of 1979: Background, Provisions, and Cost
A look at how the Chrysler Loan Guarantee Act of 1979 affected TARP funding for the Detroit Big Three.
Organizing the U.S. Government for National Security: Overview of the Interagency Reform Debates
A growing community of interest, including Members of Congress, senior officials in the executive branch, and think-tank analysts, is calling for a reexamination of how well the U.S. government, including both the executive branch and Congress, is organized to apply all instruments of national power to national security activities. The organizations and procedures used today to formulate strategy, support presidential decision-making, plan and execute missions, and budget for those activities are based on a framework established just after World War II. That framework was designed to...
What is a Recession and Who Decided When It Started?
The National Bureau of Economic Research (NBER) recently announced that the economy had reached a cyclical peak and that a recession had begun in December 2007. A recession is one of several discrete phases in the overall business cycle. The term may often be used loosely to describe an economy that is slowing down or characterized by weakness in at least one major sector like the housing market. When used by economists, “recession” means a significant decline in overall economic activity that lasts more than a few months. NBER business cycle dating committee is the generally recognized...
Title IX and Single Sex Education: A Legal Analysis
Under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally funded education programs or activities, school districts have long been permitted to operate single-sex schools. In 2006, the Department of Education (ED) published Title IX regulations that, for the first time, authorized schools to establish single-sex classrooms as well. This report evaluates the regulations in light of statutory requirements under Title IX and the Equal Educational Opportunities Act (EEOA) and in consideration of constitutional equal protection requirements.
The Energy Information Administration in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2008-2009 winter heating season initially warned consumers of the likelihood of higher heating costs. Average expenditures for those heating with natural gas were forecasted to see their expenditures rise by more than 18%. Home heating oil expenditures were forecast to rise by 23%, propane expenditures by 11% and electric heating expenses by 10%. The forecasted increases in total expenditures result from higher prices for all energy sources, as well as the expectation of a colder winter...
Sanitary and Phytosanitary (SPS) Concerns in Agricultural Trade
This report categorizes, describes, and in some cases quantifies these barriers on a country-by-country basis. Sixty-two major trading partners are covered in the 2008 report.10 Sanitary and phytosanitary (SPS) measures and technical barriers to trade (TBTs) are generally detailed in each country’s profile and, where feasible, their impacts on U.S. exports are quantified by U.S. Trade Representative (USTR).
National Security Strategy: Legislative Mandates, Execution to Date, and Considerations for Congress
The Individuals with Disabilities Education Act: Final Part B Regulations
The Individuals with Disabilities Education Act (IDEA) provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. On December 1, 2008, the Department of Education (ED) issued a final regulation to “clarify and strengthen current regulations” promulgated under the Individuals with Disabilities Education Act. The areas covered by the regulation include (1) parental...
Concern about exports of United States crude oil, gasoline, diesel fuel and home heating oil periodically draws Congressional attention to the level of these exports, recently observed to increase from 1.4 million barrels daily in 2007, to nearly 1.9 mbd during January-September 2008. Some policymakers have suggested that prohibiting oil exports would lower prices. Legislation introduced in the 110th Congress (H.R. 6515, S. 2598) included provisions prohibiting some or all oil exports, or would have reimposed the ban on Alaskan oil exports; but no bills received major attention.
Virtually...
Immigration Legislation and Issues in the 110th Congress
Comprehensive immigration reform was the subject of much discussion at the start of the 110th Congress. In the spring of 2007, the Senate considered several broad immigration reform measures aimed at addressing a host of perceived problems with the U.S. immigration system. These measures combined border security and interior enforcement provisions with provisions on temporary workers, permanent admissions, and unauthorized aliens. In June 2007, the Senate voted on a motion to invoke cloture on one of these measures (S. 1639), which, if approved, would have ultimately brought the bill to a...
Renewable Energy: Background and Issues for the 110th Congress
Renewable energy can be used to produce liquid fuels and electricity. A variety of funding, tax incentives, and regulatory policies have been enacted to support renewables as a means for addressing concerns about energy security, air pollution, international competitiveness, and climate change. This report reviews the background for renewables and describes the current congressional debate.
Budget and funding issues are key concerns. The Energy Policy Act of 2005 authorized several new renewable energy demonstration and deployment programs, but most of them have not been funded. Further,...
The plaintiff in Leegin Creative Leather Products v. PSKS, Inc. successfully asked the Supreme Court to soften the longstanding treatment of resale price maintenance (RPM, vertical imposition of direct, minimum price restraints) as a per se (automatic, and not capable of being justified) antitrust offense. RPM had been so analyzed since the Court decided in 1911 that a manufacturer of patent medicines could not lawfully agree with retailers of its products on the prices at which those products would be sold (Dr. Miles Medical Company v. John D. Park & Sons Company, 220 U.S. 373). Such...
Federal Employee Awards and Incentives: Title 5 Authorities and Potential Issues for Congress
Federal law establishes many authorities governing employee awards and incentives. The authorities generally have been established by Congress to provide agencies with tools to help them manage their workforces and, thereby, to better accomplish agency missions and public policy goals that cut across agency boundaries. Some of these authorities are contained within Title 5 of the United States Code, and cover most agencies in the executive branch and some in the legislative branch. These authorities are the subject of this report. Other statutory authorities may be unique in their coverage...
Government Spending or Tax Reduction: Which Might Add More Stimulus to the Economy?
Some policymakers have called for another “stimulus” package to boost economic activity in response to the recession that began in December 2007. A fundamental difference between stimulus proposals is how much of the stimulus should be composed of government spending and how much should be composed of tax cuts. This report considers that issue in the context of conventional economic analysis. It first identifies any policy measure that increases the budget deficit (or reduces a surplus) and is not entirely saved by the recipient as “stimulative” if the economy is operating below its full...
The Department of Defense (DOD) has long played a role in U.S. efforts to assist foreign populations, militaries, and governments. The use of DOD to provide foreign assistance stems in general from the perception that DOD can contribute unique or vital capabilities and resources because it possesses the manpower, materiel, and organizational assets to respond to international needs. Over the years, Congress has helped shape the DOD role by providing DOD with its mandate for such activities through a wide variety of authorities.
The historical DOD role in foreign assistance can be regarded...
Climate Change: Federal Laws and Policies Related to Greenhouse Gas Reductions
Climate change is viewed as a global issue, but proposed responses generally require action at the national level. In 1992, the United States ratified the United Nations Framework Convention on Climate Change (UNFCCC), which called on industrialized countries to take the lead in reducing greenhouse gases. Over the past 16 years, a variety of voluntary and regulatory actions have been proposed or undertaken in the United States, including monitoring of electric utility carbon dioxide emissions, improved appliance efficiency, and incentives for developing renewable energy sources. This...
Housing and Economic Recovery Act of 2008
The Housing and Economic Recovery Act of 2008, P.L. 110-289, is likely to affect most owner-occupied housing in the United States through a variety of channels.
The act creates a new, stronger, unified regulator for Fannie Mae, Freddie Mac, and the Federal Home Loan Banks (the housing GSEs). As a result of various provisions in the act, the secondary mortgage market is likely to be broadly affected. For example, the Secretary of the Treasury is given (until December 31, 2009) the authority to lend or invest in the housing GSEs on whatever terms the Secretary determines to be appropriate....
Climate Change: Action by States to Address Greenhouse Gas Emissions
In the absence of a federal climate change program, a number of states have taken actions that directly address greenhouse gas (GHG) emissions. States’ efforts cover a wide range of policies. Although much of the early activity was largely symbolic, the more recent state actions have been more aggressive.
Twenty-three states have joined one of the three regional partnerships that would require GHG (or just carbon dioxide) emission reductions. Set to take effect in 2009, the Regional Greenhouse Gas Initiative (RGGI) is a partnership of 10 Northeast and Mid-Atlantic states that creates a...
Prescription Drug Importation: A Legal Overview
High prescription drug prices have increased consumer interest in purchasing less costly medications abroad. Policymakers opposed to allowing prescription drugs to be imported from foreign countries argue that the Food and Drug Administration (FDA) cannot guarantee the safety or effectiveness of such drugs. Importation proponents, who claim that importation would result in significantly lower prices for U.S. consumers, say that safety concerns are overblown and would recede if additional precautions were implemented. The importation debate continues.
In response to concerns about...
Converting Retirement Savings into Income: Annuities and Periodic Withdrawals
To a worker contemplating retirement, there is perhaps no more important question than "How long will my money last?" Congress has a strong interest in the income security of older Americans because much of their income is either provided directly from public programs like Social Security, or in the case of pensions and retirement accounts, is subsidized through tax deductions and deferrals. This report looks at strategies to help deal with the following risks: longevity, investment, inflation, and unexpected events.
Nonforeign Cost-of-Living Allowances and Possible Transition to Locality Pay
This report provides an overview of the history of the nonforeign COLA and locality pay programs; identifies and describes potential changes to the existing nonforeign COLA system, including the possibility of instituting locality pay; and analyzes the potential effects of keeping the existing system or adopting a nonforeign COLA phase-out plan.
Campaign Finance Law: A Brief Overview of the Supreme Court Ruling in McConnell v. FEC
McConnell v. FEC, a 2003 U.S. Supreme Court decision, upheld the constitutionality of key portions of the Bipartisan Campaign Reform Act of 2002 (BCRA) against facial challenges. (BCRA, which amended the Federal Election Campaign Act [FECA], codified at 2 U.S.C. § 431 et seq., is also known as the McCain-Feingold campaign finance reform law). A 5 to 4 majority of the Court upheld restrictions on the raising and spending of previously unregulated political party soft money, and a prohibition on corporations and labor unions using treasury funds to finance “electioneering communications,”...
Bills, Resolutions, Nominations, and Treaties: Characteristics, Requirements, and Uses
In each chamber of Congress, four forms of legislative measure may be introduced (or, for resolutions, submitted) and acted on: bills, joint resolutions, concurrent resolutions, and resolutions of one house (“simple resolutions”). In addition, under the Constitution the Senate acts on two forms of executive business: nominations and treaties. This report provides a tabular comparison of the formal characteristics and uses of these six different kinds of business. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
This report summarizes the procedures the two houses of Congress use most frequently to resolve their legislative differences. It is based upon an interpretation of the rules and published precedents of the House and Senate, and an analysis of the application of these rules and precedents in recent practice. It bears emphasizing that
this report is not exhaustive nor is it in any way an official statement of House or Senate procedures. It may serve as a useful introduction or general guide, but it should not be considered an adequate substitute for a study of House and Senate rules and...
On May 13, 2008, President Bush submitted to Congress a proposed agreement for nuclear cooperation with the Russian Federation. On September 8, the President announced that he was rescinding his certification of the proposed U.S.-Russia nuclear cooperation agreement. This action, in effect, withdrew the proposed agreement from further congressional consideration for the foreseeable future
Under the Atomic Energy Act (AEA), the text of such an agreement is to be submitted to the committees of jurisdiction for at least 30 days of consultation, and the agreement itself is then to be submitted...
Global Climate Change: Three Policy Perspectives
The 1992 U.N. Framework Convention on Climate Change requires that signatories, including the United States, establish policies for constraining future emission levels of greenhouse gases, including carbon dioxide (CO2). The George H. W. Bush, Clinton, and George W. Bush Administrations each drafted action plans in response to requirements of the convention. These plans have raised significant controversy and debate.
This debate intensified following the 1997 Kyoto Agreement, which, had it been ratified by the United States, would have committed the United States to reduce greenhouse gases...
Executive Branch Reorganization and Management Initiatives: A Brief Overview
This report provides a brief overview of recent executive branch reorganization actions and related management initiatives. It reviews the relevant plans and preparations of President-elect Barack Obama as the new Administration transitions to assuming management of the executive branch. Briefly examined, as well, are the organization and management efforts of the most recent regimes.
Army Corps of Engineers Water Resources Activities: Authorization and Appropriations
This report provides an overview of the Corps civil works program. It covers the congressional authorization and appropriation process, the standard project development process, and other Corps activities and authorities.
Presidential Libraries: The Federal System and Related Legislation
This report provides a brief overview of the federal presidential libraries system and tracks the progress of related legislation.
Presidential Directives: Background and Overview
This report provides an overview of the different kinds of directives that have been utilized primarily by twentieth century Presidents. It presents background on their historical development, accounting, use, and effect.
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2000-2007
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 2000-2007. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 2000-2003, 2004-2007, and 2007 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 2000-2003, 2004-2007, and for 2007 alone. In addition, the report provides...
Organic Agriculture in the United States: Program and Policy Issues
Congress passed the Organic Foods Production Act (OFPA) in 1990 as part of a larger law governing U.S. Department of Agriculture (USDA) programs from 1990 through 1996 (P.L. 101-624, the Food, Agriculture, Conservation, and Trade Act of 1990). The act authorized the creation of a National Organic Program (NOP) within USDA to establish standards for producers and processors of organic foods, and permit such operations to label their products with a “USDA Organic” seal after being officially certified by USDA-accredited agents. The purpose of the program, which was implemented in October...
Children in Poverty: Profile, Trends, and Issues
Child poverty persists as a social and economic concern in the United States. In 2007 12.8 million children (17.6% all children) were considered poor under the official U.S. definition. In records dating back to 1959, the incidence of poverty among related children in families has ranged from a peak of 26.9% in 1959 to a low of 13.8% in 1969. Poverty affects a child’s life chances; by almost any indicator, poor children fare worse than their nonpoor counterparts.
Family living arrangements, indicated by the presence of just one or both parents, greatly affect the chances that a child is...
Tax Basis: What Is It? Why Is It Important?
“Tax basis” is one factor used to determine the income tax consequences when an item is disposed of, whether by sale, abandonment, or contribution. The initial basis is usually cost; however, the basis of a gift is related to its basis in the donor’s hands, and the basis of inherited property is generally the property’s fair market value on the date of death. The taxpayer’s use of the item and subsequent events may require adjusting the original basis, which leads to the term “adjusted basis.” Adjustments may either increase or decrease the taxpayer’s basis in the property.
On July 30,...
Regular appropriations bills have traditionally been considered in the House of Representatives under the terms of open rules, which provide substantial freedom of debate and amendment. It has become common, however, for the House to begin considering a spending bill under such an open rule, then quickly negotiate a comprehensive unanimous consent (UC) agreement establishing more structured terms for debating and amending the measure. Such UC agreements seek to strike a balance between the needs of party and committee leaders for efficiency and scheduling predictability, and the desires of...
Iran: Ethnic and Religious Minorities
Iran is home to approximately 70.5 million people who are ethnically, religiously, and linguistically diverse. This report discusses these minorities, their treatment under the Islamic regime, and the reactions of international rights groups.
Water Quality Issues in the 110th Congress: Oversight and Implementation
Although much progress has been made in achieving the ambitious goals that Congress established more than 35 years ago in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions...
Climate Change and the EU Emissions Trading Scheme (ETS): Kyoto and Beyond
The European Union’s (EU) Emissions Trading Scheme (ETS) is a cornerstone of the EU’s efforts to meet its obligation under the Kyoto Protocol. It covers more than 10,000 energy intensive facilities across the 27 EU Member countries; covered entities emit about 45% of the EU’s carbon dioxide emissions. A “Phase 1” trading period began January 1, 2005. A second, Phase 2, trading period began in 2008, covering the period of the Kyoto Protocol, with a Phase 3 proposed for 2013.
Several positives resulting from the Phase 1 “learning by doing” exercise assisted the ETS in making the Phase 2...
The World Bank's Clean Technology Fund (CTF)
The United States Treasury has led efforts to create a $10 billion Clean Technology Fund (CTF), located at the World Bank, to help fund deployment of clean technology to reduce greenhouse gas emissions in developing economies. The Bush administration has asked Congress to authorize and appropriate U.S. funding of $2 billion over three years (FY2009 to FY2011). While many Members of Congress have expressed support for the CTF, others have raised concerns, primarily with respect to whether the CTF should finance carbon-based energy projects. To date, Congress has not passed legislation...
Worker Safety in the Construction Industry: The Crane and Derrick Standard
This report first examines the incidence of fatal and nonfatal on-the-job injuries in the private sector. It next analyzes the causes of fatalities in the construction industry and the involvement of cranes in those deaths. The report then addresses the status of a proposed rule to update the Occupational Safety and Health Administration's (OSHA) crane and derrick standard. It closes with an overview of jurisdictions having safety regulations for cranes more stringent, in whole or part, than the existing federal standard.
Islamist Militancy in the Pakistan-Afghanistan Border Region and U.S. Policy
Increasing militant activity in western Pakistan poses three key national security threats: an increased potential for major attacks against the United States itself; a growing threat to Pakistani stability; and a hindrance of U.S. efforts to stabilize Afghanistan. This report will be updated as events warrant.
A U.S.-Pakistan relationship marked by periods of both cooperation and discord was transformed by the September 2001 terrorist attacks on the United States and the ensuing enlistment of Pakistan as a key ally in U.S.-led counterterrorism efforts. Top U.S. officials have praised...
Ecuador: Political and Economic Situation and U.S. Relations
Ecuador, a small, oil-producing country in the Andean region of South America, has experienced ten years of political and economic instability. On January 15, 2007, Rafael Correa, a left-leaning, U.S.-trained economist, was inaugurated to a four-year presidential term, becoming the country’s eighth president in ten years. President Correa has fulfilled his campaign pledge to call a Constituent Assembly to reform the country’s constitution. The Assembly, which had a majority of delegates elected from Correa’s party, drafted a new constitution that was approved by 64% of voters in a...
Broadband Internet Regulation and Access: Background and Issues
Broadband or high-speed Internet access is provided by a series of technologies that give users the ability to send and receive data at volumes and speeds far greater than Internet access over traditional telephone lines. In addition to offering speed, broadband access provides a continuous, “always on” connection and the ability to both receive (download) and transmit (upload) data at high speeds. Broadband access, along with the content and services it might enable, has the potential to transform the Internet: both what it offers and how it is used. It is possible that many of the future...
Nonmarital Childbearing: Trends, Reasons, and Public Policy Interventions
In 2006, a record 38.5% of all United States births were nonmarital births. Many of these children grow up in mother-only families. Although most children who grow up in mother-only families or step-parent families become well-adjusted, productive adults, the bulk of empirical research indicates that children who grow up with only one biological parent in the home are more likely to be financially worse off and have worse socioeconomic outcomes (even after income differences are taken into account) compared to children who grow up with both biological parents in the home.
In recognition of...
Military Base Closures: Cleanup of Contaminated Properties for Civilian Reuse
In 2005, the 109th Congress approved a new Base Realignment and Closure (BRAC) round. As the Department of Defense (DOD) implements the new round, issues for Congress include the pace and costs of closing and realigning the selected installations and the impacts on surrounding communities. The disposal of surplus property has stimulated interest among affected communities in how the land can be redeveloped to replace jobs lost as a result of the planned closures. Environmental contamination can limit the potential for economic redevelopment if the availability of funding or technological...
Radio frequency spectrum policy issues before Congress are characterized by economic, technological and regulatory complexity. Of particular interest to policy makers are the allocation of spectrum for specific types of use (such as TV broadcasting, radio, advanced wireless services, or unlicensed) and the assignment of licenses for exclusive or shared use of specific frequencies. Today, most frequencies allocated for commercial uses are assigned through auctions, with licenses going to the highest bidder. Another important allocation of spectrum is for unlicensed use. Both commercial and...
Bush Administration Policy Regarding Congressionally Originated Earmarks: An Overview
During the 110th Congress, the House of Representatives, the Senate, and the George W. Bush Administration have defined terms like congressional earmark, congressionally directed spending item, and earmark, and have provided some direction for how congressionally originated earmarks, according to these definitions, are to be handled. This report focuses on Bush Administration policy regarding earmarks originated by Congress and related issues. Specific definitions for the term earmark (and related terms, like congressional earmark, presidential earmark, and others) vary considerably and...
"Fast Track" Parliamentary Procedures of the Emergency Economic Stabilization Act
The Emergency Economic Stabilization Act of 2008 (Division A of H.R. 1424, P.L. 110-343) empowers the Secretary of the Treasury to purchase certain "troubled assets" as a means to stabilize the economy. This report examines this procedure and explains how it
differs from the regular parliamentary mechanisms of the House and Senate.
The 110th Congress, the Administration, and the courts are considering many issues related to the Bureau of Land Management (BLM) public lands and the Forest Service (FS) national forests. Key issues include the following.
Energy Resources. The Energy Policy Act of 2005 has led to new regulations on the leasing programs and application of environmental laws to certain agency actions. H.R. 6 was enacted as P.L. 110-140 on December 19, 2007, without many of the federal lands provisions considered earlier.
Hardrock Mining. The General Mining Law of 1872 allows prospecting for minerals in open...
Gasoline Prices: Causes of Volatility and Congressional Response
The high price of gasoline has been and continues to be a driving factor in consideration of energy policy proposals. Despite passage of the massive Energy Policy Act of 2005 (EPACT 2005, P.L. 109-58), and the Energy Independence and Security Act of 2007 (H.R. 6, P.L. 110-140), numerous other proposed initiatives came under active consideration in the Second Session of the 110th Congress. Measures proposed included opening the Outer Continental Shelf for oil and gas drilling, regulation of speculation in energy markets, and policies concerning the Strategic Petroleum Reserve.
A large...
Federal Loans to the Auto Industry Under the Energy Independence and Security Act
This report examines various programs considered by Congress, including grants and loans, to help automakers with the increased cost of compliance with higher fuel economy standards.
Power Plants: Characteristics and Costs
This report analyzes the factors that determine the cost of electricity from new power plants. These factors—including construction costs, fuel expense, environmental regulations, and financing costs—can all be affected by government energy, environmental, and economic policies. Government decisions to influence, or not influence, these factors can largely determine the kind of power plants that are built in the future. For example, government policies aimed at reducing the cost of constructing power plants could especially benefit nuclear plants, which are costly to build. Policies that...
Food and Drug Administration (FDA) funding for the first five months of FY2009 is provided in the Continuing Appropriations Resolution, 2009 (the CR), which is Division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L. 110-329). It allows most agencies to continue at the same rate of spending as set by the FY2008 appropriations. For FDA, the base includes the mid-year FY2008 supplemental. The CR carries through March 6, 2009. If Congress chooses to continue at that rate for the remainder of FY2009, FDA would receive $2.42 billion, 10.6%...
Expulsion and Censure Actions Taken by the Full Senate Against Members
The authority of the United States Senate (as well as of the House) to establish the rules for its own proceedings, to “punish” its Members for misconduct, and to expel a Member by a vote of two-thirds of Members present and voting, is provided in the Constitution at Article I, Section 5, clause 2. This express grant of authority for the Senate to expel a Senator is, on its face, unlimited—save for the requirement of a two-thirds majority. In the context of what the Supreme Court has characterized as, in effect, an “unbridled discretion” of the body, expulsions in the Senate, as well as...
This report provides an overview of emergency preparedness authorities and guidance; development and management of the National Exercise Program (NEP); and current exercise planning, scheduling, and evaluation processes. Additionally, it provides analysis of national preparedness policy issues and exercise operations issues that Congress might wish to consider.
Climate Change Legislation in the 110th Congress
Congressional interest in climate change legislation has grown in recent years. In the 110th Congress, Members have introduced numerous bills that directly address various aspects of climate change. These bills cover a wide spectrum, ranging from climate change research to comprehensive greenhouse gas (GHG) emissions cap-and-trade programs. As of the date of this report, Congress has enacted six broader pieces of legislation that—among many other non-climate-related provisions—address climate change in some fashion:
P.L. 110-140 expands the carbon capture research and development program,...
The 2008 Farm Bill: Major Provisions and Legislative Action
The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, “2008 farm bill”) was enacted into law on June 18, 2008. It contains 15 titles covering support for commodity crops, horticulture and livestock production, conservation, nutrition, trade and food aid, agricultural research, farm credit, rural development, energy, forestry, and other related programs. It also includes provisions that make certain changes to tax laws, in order to offset some new spending initiatives in the final bill. The enacted bill succeeds the most recent 2002 farm bill (P.L. 107-171) and is to guide most...
This report begins with a description of the H-2A program. Next, the report explains how the AEWR is currently determined and how it would be calculated under the proposed regulations. Finally, the report examines some potential effects of the proposed change in the AEWR on the wages and employment of foreign and U.S. workers on U.S. farms.
Argentina: Background and U.S. Relations
A South American nation with a population of around 40 million, Argentina returned to elected civilian democracy in 1983 after seven years of harsh military rule. In 2001-2002, the democratic political system experienced considerable stress as the country experienced a severe economic crisis, but ultimately weathered the storm. Current President Cristina Fernández de Kirchner, elected in October 2007, succeeded her husband President Néstor Kirchner (2003-2007), who had made popular policy moves regarding human rights, institutional reform, and economic policy that helped restore...
Phthalates in Plastics and Possible Human Health Effects
Roughly a dozen chemicals known as phthalates are used to make the plastics found in thousands of consumer products, ranging from medical tubing to automotive dashboards to bath toys. These phthalates are not tightly held by the plastics and are released into the environment over time. Congress is concerned about possible human health effects from exposure to six of these chemicals: di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DnOP). DEHP, DBP, BBP, and (to less...
The Special Inspector General for the Troubled Asset Relief Program (SIG TARP)
This report discusses the Special Inspector General provisions in the Emergency Economic Stabilization Act of 2008, H.R. 1424, which was enacted as P.L. 110-343 on October 3, 2008. This Act created a Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP). This report will compare the duties and authorities of
the SIG TARP to those of the Special Inspector General for Iraq Reconstruction (SIGIR) and the Special Inspector General for Afghanistan Reconstruction (SIGAR), as well as statutory IGs under the Inspector General Act of 1978, as amended (IG Act).
Clean Air Issues in the 110th Congress: Climate Change, Air Quality Standards, and Oversight
Attention to environmental issues in the 110th Congress focused early and heavily on climate change—the state of the science, and whether (and, if so, how) to address greenhouse gas (GHG) emissions. Seventeen bills were introduced to establish GHG emission caps, and hearings on climate change were held by at least 10 committees. The Lieberman-Warner bill to establish a cap-and-trade system for GHG emissions (S. 2191) was reported by the Senate Environment and Public Works Committee, May 20, 2008. Senate debate began on a modified version of the bill (S. 3036) June 2 but ended June 6, as...
Senate Amendment 5662, the Omnibus Public Land Management Act of 2008, was submitted as an amendment intended to be proposed to H.R. 5151 on September 26, 2008. Two existing packages have been paired to form S.Amdt. 5662: S. 3213 is a collection of over 90 individual bills which is on the Senate calendar, was combined with an additional 53 bills that were approved by a unanimous vote of the Senate Committee on Energy and Natural Resources on September 11, 2008.
Given the large number of individual bills that make up this omnibus amendment, it has numerous supporters and detractors....
Emergency Supplemental Appropriations Legislation for Disaster Assistance: Summary Data
This report provides summary information on emergency supplemental appropriations enacted after major disasters since 1989. During the 20-year span from FY1989 through the present, Congress appropriated almost $271 billion in constant 2008 dollars. Most of the appropriations were preceded by a presidential request for supplemental funding.
In 2008 a number of major natural disasters took place including Hurricanes Ike and Gustav, the California wildfires, and the Midwest floods. To date however, the most costly disasters occurred in the summer of 2005 when Hurricanes Katrina, Rita, and...
Energy Tax Policy: History and Current Issues
Historically, U.S. federal energy tax policy promoted the supply of oil and gas. However, the 1970s witnessed (1) a significant cutback in the oil and gas industry’s tax preferences, (2) the imposition of new excise taxes on oil, and (3) the introduction of numerous tax preferences for energy conservation, the development of alternative fuels, and the commercialization of the technologies for producing these fuels (renewables such as solar, wind, and biomass, and nonconventional fossil fuels such as shale oil and coalbed methane). The Reagan Administration, using a free-market approach,...
Federal Reserve Interest Rate Changes: 2001-2008
The Federal Open Market Committee (FOMC) decided at its scheduled meeting held on October 29 to lower the target rate for federal funds to 1% from 1½% set at its unscheduled meeting of October 8, 2008. In making its decision to reduce the target, the FOMC stressed the following factors: (1) the pace of economic growth appears to have slowed markedly owing importantly to a softening of consumer spending; (2) business equipment spending and industrial production have weakened; (3) economic slowdowns abroad have dampened the prospects for U.S. exports; (4) intensified strains in financial...
Runaway and Homeless Youth: Reauthorization Legislation and Issues in the 110th Congress
The Runaway and Homeless Youth Act (RHYA) was signed into law in 1974 as Title III of the Juvenile Justice and Delinquency Prevention Act (P.L. 93-415). RHYA authorizes funding for programs to support runaway and homeless youth, as well as related training, research, and other activities. These programs and activities are administered by the Family and Youth Services Bureau (FYSB) in the Department of Health and Human Services’ (HHS) Administration for Children and Families.
In the second session of the 110th Congress, Congress passed and the President signed into law the Reconnecting...
This report provides an overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and describes its background, objectives, and structure, including the role of the Convention's monitoring body, the CEDAW Committee. It examines U.S. policy and issues in the U.S. ratification debate, including the Convention's possible impact on U.S. sovereignty, its effectiveness in combating discrimination, and its role as an instrument of U.S. foreign policy.
Federal Crime Control: Background, Legislation, and Issues
States and localities have the primary responsibility for prevention and control of domestic crime. As crime became more rampant, the federal government increased its involvement in crime control efforts. Over a period of 10 years, Congress passed five major anti-crime bills and increased appropriations for federal assistance to state and local law enforcement agencies. Since the 9/11 terrorist attacks, however, federal law enforcement efforts have been focused more on countering terrorism and maintaining homeland security. Amid these efforts, however, Congress continues to address many...
Haiti: Post-Hurricane Conditions and Assistance
In August and September 2008, four major storms directly hit or passed close to Haiti, causing widespread devastation. As of early October, 2008, the U.S. government has either provided or pledged just over $30 million in humanitarian assistance to affected Haitian populations in response to the hurricanes in Haiti. Congress provided not less than $100 million for hurricane relief and reconstruction assistance for Haiti and other Caribbean countries in the FY2009 continuing appropriations resolution (P.L. 110-329) signed into law September 30, 2008. The Haitian government says it needs...
On September 30, 2008, President Bush signed into law the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. Division A of this law is a continuing resolution and provides funding for agencies and programs normally funded by nine of the 12 regular appropriations bills. This report explores the various aspects of this Act, including how the Act affects civilian research and development programs, as well as related pieces of legislation.
Azerbaijan's October 2008 Presidential Election: Outcome and Implications
This report discusses the win by incumbent Ilkham Aliyev in Azerbaijan's October 15, 2008, presidential election. It describes the campaign and results, and examines implications for Azerbaijani and U.S. interests. This report will not be updated. Related reports include CRS Report RL33453 , Armenia, Azerbaijan, and Georgia , updated regularly.
Legal Issues Relating to State Health Care Regulation: ERISA Preemption and Fair Share Laws
In the absence of comprehensive federal health care reform, states and localities have undertaken certain initiatives in an effort to expand the provision of health care to residents. One type of measure has been the fair share law, which generally requires employers to choose between paying a certain amount towards health expenditures or coverage for their employees, or contributing to a state or locality to offset the cost of medical expenses for uninsured residents. Questions have been raised as to whether fair share laws can be preempted by the Employee Retirement Income Security Act...
Reporting Issues Under the Home Mortgage Disclosure Act
Recent developments in the subprime home loan market have triggered concern in Congress and the public at large as to whether borrowers were fully informed about the terms of their mortgage loans. Some observers have suggested that some borrowers in the subprime market may have been victims of predatory lending practices or other discriminatory activity. Bills introduced in the 110th Congress, such as S. 1299 (Senator Charles Schumer et al.) and S. 2452 (Senator Christopher Dodd et al.) would seek to remedy perceived abuses particularly with higher-priced mortgage lending.
This report...
Veterans Medical Care: FY2009 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility rules. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the nation’s largest integrated health...
The Americans with Disabilities Act (ADA): Allocation of Scarce Medical Resources During a Pandemic
The emergence and rapid spread of a new avian influenza virus (H5N1) and its potential for causing a human influenza pandemic have given rise to numerous issues. One of these is the general lack of surge capacity within the U.S. health-care system. Essentially, this means that a severe influenza pandemic could lead to much greater demand for vaccines, antiviral medications, and other medical technology, such as ventilators, than there are supplies. This potential imbalance has led to recommendations for priorities for medical resources for certain categories of individuals, including...
Conventional Arms Transfers to Developing Nations, 2000-2007
This report is prepared annually to provide Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all suppliers, but the principal focus is the level of arms transfers by major weapons suppliers to nations...
There is no consensus definition of "middle class," neither is there an official government definition. What constitutes the middle class is relative, subjective, and not easily defined. The mid-point in the distribution is the median, and in 2007 the median household income was $50,233. How far above and below that amount the middle stretches remains an open question. This report explores the various definitions of the middle class and what salary ranges those definitions encompass, as well as related statistics and surveys that support this information.
Annuities and the Securities and Exchange Commission Proposed Rule 151A
The Securities and Exchange Commission (SEC) recently released a proposed rule that would effectively reclassify equity indexed annuities as a security product in addition to being an insurance product. This report presents the different types of annuities, explains the taxation of annuities, and disentangles the federal and state roles in the regulation of annuities. It outlines the proposed SEC rule and its current status.
Campaign Finance: Legislative Developments and Policy Issues in the 110th Congress
During the 110th Congress, the House and Senate’s campaign finance work has overlapped in three areas. First and most significantly, a lobbying and ethics law enacted in September 2007, the Honest Leadership and Open Government Act (HLOGA; P.L. 110-81, which was S. 1), contains some campaign finance provisions. Second, P.L. 110-433 (H.R. 6296) will extend the Federal Election Commission’s (FEC) Administrative Fine Program (AFP) until 2013. Third, the Committee on House Administration and the Senate Rules and Administration Committee have held hearings on automated political telephone calls...
Wind Energy: Offshore Permitting
This report discusses the disputes over Corps jurisdiction prior to enactment of the Energy Policy Act of 2005 as well as the current law applicable to siting offshore wind facilities.
Wind Power in the United States: Technology, Economic, and Policy Issues
Rising energy prices and concern over greenhouse gas emissions have focused congressional attention on energy alternatives, including wind power. Although wind power currently provides only about 1% of U.S. electricity needs, it is growing more rapidly than any other energy source. In 2007, over 5,000 megawatts of new wind generating capacity were installed in the United States, second only to new natural gas-fired generating capacity. Wind power has become “mainstream” in many regions of the country, and is no longer considered an “alternative” energy source.
Wind energy has become...
Trade Negotiations During the 110th Congress
The Bush Administration has made bilateral and regional free-trade agreements (FTAs) an important element of U.S. trade policy, a strategy known as “competitive liberalization.” This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional, and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases...
Pay-for-Performance: Linking Employee Pay to Performance Appraisal
In many occupations today, pay is intended to reflect employee performance—or how effectively, efficiently, or thoroughly one performs his or her job. The federal government is no different from the private sector in this regard. Nearly 300,000 federal employees are currently in pay systems that attempt to make pay increases contingent upon job performance—such a system is often referred to as either a merit-based pay system or a performance-based pay system. A basic challenge with such an arrangement is arriving at credible and objective performance measures. In addition, while the...
Decisions made at the Constitutional Convention about the Senate still shape its organization and operation today. Several of these features merit discussion, because they highlight important and enduring characteristics of the Senate. These aspects include constituency, size, term of office, and special prerogatives. In addition, this report identifies a major constitutional change that the Founding Fathers could not foresee: the direct election of Senators.
Federal Farm Promotion (“Check-Off”) Programs
The U.S. Supreme Court in 2005 affirmed the constitutionality of the so-called beef check-off program, one of the 18 generic promotion programs for agricultural products that are now active nationally. Supporters view check-offs as economically beneficial self-help activities that need minimal government involvement or taxpayer funding. Producers, handlers, and/or importers are required to pay an assessment, usually deducted from revenue at time of sale—thus the name check-off. However, some farmers contend they are being “taxed” for advertising and related activities they would not...
Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA): An Overview
The constitutional standard by which laws that burden an individual’s First Amendment right to exercise his religion are measured has evolved over the last half-century through U.S. Supreme Court decisions and legislative action by Congress in response to those decisions. After decades of requiring that laws burdening the free exercise of religion be subject to heightened judicial review, the Court reinterpreted that constitutional standard in the 1990 case of Employment Division v. Smith, deciding that the First Amendment provided narrower protection than the Court had previously...
Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress
This report tracks nominations made by President George W. Bush to judgeships on the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade — the lower courts on which, pursuant to Article III of the Constitution, judges serve "during good Behaviour." It lists and keeps count of all nominations made to these courts during the 110th Congress, including pertinent actions taken by the Senate Judiciary Committee and the full Senate. It also tracks the number of judicial vacancies on the courts (including vacancies classified by the federal judiciary as...
Are Carbon Dioxide Emissions Rising More Rapidly Than Expected?
At least one recent report and numerous news articles suggest that carbon dioxide (CO2) emissions are rising more rapidly than expected. While CO2 emissions associated with human activities continue to rise -- and may be worthy of alarm because of their influence on climate change -- any short-term comparisons between actual emissions and the Intergovernmental Panel on Climate Change (IPCC) scenarios miss the mark. This report analyzes this issue and the issues associated with IPCC scenarios and trajectories. It also describes the importance of monitoring CO2 emissions and analyzing the...
Public-Private Partnership for a Public Safety Network: Governance and Policy
This report summarizes salient points of Federal Communications Commission (FCC) actions regarding the creation of a public-private partnership to build and manage a national communications network for public safety use. The Communications Act of 1934, as amended, empowers the FCC to set rules for auctions and to take steps to ensure the safety of the public. The FCC has used this authority to design a governance structure that would allow a Public Safety Broadband Licensee (PSBL) to share spectrum rights with a commercial enterprise and to collaborate in the construction and management of...
Veterans' Benefits: Issues in the 110th Congress
This report provides a general discussion of veterans' benefits issues that are part of the legislative agenda of the 110th Congress or are likely to be of legislative interest. Among those issues are disability compensation and pensions; education benefits; homelessness; life insurance; the status or eligibility of groups such as U.S. merchant seamen and World War II Filipino veterans for veterans' benefits; Reserve and National Guard eligibility for veterans' benefits; the U.S. Court of Appeals for Veterans Claims; and legal representation for veterans. For each issue, an overview is...
Legislative Branch Staffing, 1954-2007
This report provides data and analysis concerning legislative branch staffing levels since 1954.
Legislative branch staff include congressional staff, who work in the House or Senate, and legislative agency staff, who work in a legislative branch agency. At present, there is no legislation pending before Congress to change existing staff arrangements in Congress or legislative branch agencies. As policies and issues before Congress continue to proliferate in volume and complexity, new proposals for change in staffing levels or changes in the balance between congressional staff and...
Capital Punishment Legislation in the 110th Congress: A Sketch
Most capital offenses are state crimes. In 1994, however, Congress revived the death penalty as a federal sentencing option. More than a few federal statutes now proscribe offenses punishable by death. A number of bills were offered during the 110th Congress to modify federal law in the area. None were enacted. One, S. 447/H.R. 6875, would have abolished the federal death penalty. Another (H.J.Res. 80) would have amended the Constitution to abolish capital punishment as a sentencing alternative for either state or federal crimes. Other proposed amendments would have eased constitutional...
The Death Penalty: Capital Punishment Legislation in the 110th Congress
Most capital offenses are state crimes. In 1994, however, Congress revived the death penalty as a federal sentencing option. More than a few federal statutes now proscribe offenses punishable by death. A number of bills were offered during the 110th Congress to modify federal law in the area. None were enacted. One, S. 447 (Senator Feingold)/H.R. 6875 (Representative Kucinich), would have abolished the federal death penalty. Another, H.J.Res. 80 (Rep McCollum), would have amended the Constitution to abolish capital punishment as a sentencing alternative for either state or federal crimes....
The Americans with Disabilities Act: Supreme Court Decisions
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications. Enacted in 1990, and amended in 2008 by P.L. 110-325, the ADA is a civil rights statute that has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” It has been the subject of numerous lower court decisions, and the Supreme Court has decided...
FY2009 Appropriations for State and Local Homeland Security
Congress appropriated, in P.L. 110-329, approximately $4.36 billion for state and local homeland security assistance programs. This is approximately $135 million more than was appropriated in FY2008 ($4.22 billion). Congress chose not to fund the Real ID program in FY2009, however, it did appropriate funding ($2 million) for a new
assistance program titled the Center for Counterterrorism and Cyber Crime at Norwich University in Northfield, Vermont.
This report explores the basic statutory and regulatory framework that governs asylum law. This entails an outline of the requirements an applicant must meet in order to obtain relief under asylum law and a discussion about the differences between the two main forms of relief for aliens facing removal from the United States: asylum and withholding of removal. It will then examine several important issues and controversies concerning female genital mutilation (FGM) and its effect on asylum law.
Child Pornography: Constitutional Principles and Federal Statutes
The First Amendment provides: “Congress shall make no law ... abridging the freedom of speech, or of the press.” Although the First Amendment, in general, protects pornography, the Supreme Court has held that it does not protect two types of pornography: obscenity and child pornography. Consequently, the government may, and has, banned them.
Child pornography is material that visually depicts sexual conduct by children, and is unprotected by the First Amendment even when it is not legally obscene. Federal statutes, in addition to making it a crime to transport or receive child pornography...
Military Airlift: The Joint Cargo Aircraft Program
Joint Cargo Aircraft (JCA) is a joint acquisition program between the Army and Air Force intended to procure a commercial off-the-shelf aircraft capable of meeting Army and Air Force requirements for intra-theater airlift. The C-27J Spartan, built by L-3 Communications, was awarded the JCA contract in 2007. This is an update of a report by William Knight and will be updated as conditions warrant.
The Randolph-Sheppard Act: Major Judicial Decisions
The Randolph-Sheppard Act requires that blind individuals receive priority for the operation of vending facilities on federal property. “Vending facilities” include automatic vending machines, cafeterias, and snack bars. This report will discuss several significant court decisions and recent legislation related to the Randolph-Sheppard Act. Two federal court of appeals decisions, NISH v. Cohen and NISH v. Rumsfeld, held that military troop dining facilities are “cafeterias” under the Randolph-Sheppard Act and that the act controlled over the Javits-Wagner-O’Day Act, which provides...
The Fostering Connections to Success and Increasing Adoptions Act of 2008 (H.R. 6893) is an omnibus child welfare bill designed to ensure greater permanence and improve the well-being of children served by public child welfare agencies. The legislation received strong support in Congress and, beyond revising and extending the Adoption Incentives program, responds to a range of issues and concerns that have been raised (some for more than a decade) by public child welfare administrators; youth, adoption, tribal, and child welfare advocates; and by children and youth who have been (or still...
This report describes the issues that Congress has debated relating to The Secure Rural Schools and Community Self-Determination Act of 2000 (P.L. 106-393), which may again arise when the program expires in 2011, and explains the changes enacted for the program.
U.S. Foreign Aid to East and South Asia: Selected Recipients
This report analyzes annual budget justifications and legislation for foreign operations appropriations and discusses U.S. foreign aid trends, programs, and restrictions in 16 East Asian and South Asian countries. It does not cover aid to Pacific Island nations, North Korea, and Afghanistan. Country tables do not include assistance from U.S. State Department programs funded outside the foreign operations budget, such as educational and cultural exchange programs, and assistance from other departments and agencies.
Since the war on terrorism began in 2001 and the Millennium Challenge...
The Gulf Security Dialogue and Related Arms Sale Proposals
In May 2006, the Administration launched an effort to revive U.S.-Gulf Cooperation Council (GCC) security cooperation under the auspices of a new Gulf Security Dialogue (GSD). The Dialogue now serves as the principal security coordination mechanism between the United States and the six countries of the Gulf Cooperation Council (GCC)—Saudi Arabia, Kuwait, Bahrain, Qatar, the United Arab Emirates, and Oman. The core objectives of the Dialogue are the promotion of intra-GCC and GCC-U.S. cooperation to meet common perceived threats. The Dialogue provides a framework for U.S. engagement with...
Financial Turmoil: Comparing the Troubled Asset Relief Program to the Federal Reserve's Response
As financial conditions have deteriorated over the past year, the Federal Reserve (FeD) has greatly increased its lending to financial firms. It has also expanded the scope of eligible borrowers to include non-bank financial firms. Some have asked why these loans have not restored financial stability, and if the purchase of up to $700 billion of distressed assets through the recently enacted Troubled Asset Relief Program (TARP) might lead to a different result. Financial assistance to financial firms entails considerable risks to taxpayers. This report analyzes the risks and possible...
Charitable Contributions of Food Inventory: Proposals for Change
Tax law provides an enhanced deduction for certain charitable contributions of food inventory. The value of the existing deduction is the corporation’s basis in the donated product plus one half of the amount of appreciation, as long as that amount is less than twice the basis in the product. This deduction has generally been limited to contributions made by a certain type of corporation, C corporations.
The Katrina Emergency Tax Relief Act of 2005 (KETRA, P.L. 109-73) temporarily extended the enhanced deduction to include contributions made by other types of businesses, sole proprietors,...
In June of 2008, the U.S. Supreme Court issued a decision that has important implications for the authority of the Federal Energy Regulatory Commission (FERC) to review wholesale electricity and natural gas contracts under what is known as the “Mobile-Sierra Doctrine.” The Doctrine mandates that FERC will not abrogate contracts (including wholesale natural gas and power contracts as well as transmission agreements) between private parties absent a showing that a change is necessary in the public interest. This report reviews the Mobile-Sierra Doctrine and discusses a recent Supreme Court...
Recent and projected large deficits and the need for revenue to offset spending or tax reduction proposals generated congressional and executive branch interest in reducing the tax gap. Proposals in the 110th Congress to require brokers to report adjusted basis on publicly traded securities sold by individuals are examined in this report because this is a source of revenue. Basis is the amount a taxpayer uses to determine the cost of acquiring an asset, which is used to determine the asset’s capital gain or loss. In order to calculate the appropriate “adjusted basis” for tax calculations...
Spectrum Management and Special Funds
Congress has acted to create two special funds to hold the revenue of certain spectrum auctions for specific purposes. These funds represent a departure from existing practice, which requires that auction proceeds be credited directly to the Treasury as income. The Deficit Reduction Act of 2005 (P.L. 109-171, Title III) required the auctioning of licenses for spectrum currently used by TV broadcasters for analog transmissions. It established the Digital Television Transition and Public Safety Fund to receive this auction revenue and use some of the proceeds for the transition to digital...
The Environmental Protection Agency's Brownfields Program: Scope, Authorities, and Implementation
The federal role in assisting states and communities to clean up brownfield sites—real property affected by the potential presence of environmental contamination—has been an ongoing issue for more than a decade. With the enactment of the Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118) in 2002, Congress provided specific authority for EPA to address brownfield sites.
In contrast to Superfund sites, environmental contamination present at brownfield sites is typically less of a risk to human health. With the primary motivation to aid cleanup efforts, the 2002...
EPA’s Final Health and Safety Standard for Yucca Mountain
On September 30, 2008, the Environmental Protection Agency (EPA) issued the long-awaited revision to its 2001 Public Health and Safety Standard for the proposed Yucca Mountain deep geologic repository for high-level radioactive waste and spent nuclear fuel. While the issuance of the standard allows the Nuclear Regulatory Commission (NRC) to issue its final conforming standards and move forward toward a final license decision for the facility, EPA’s standard raises several unprecedented regulatory issues and is likely to be further challenged in court. EPA’s final regulation represents the...
This report provides analytical perspective on presidential succession questions in U.S. history, identifies and assesses contemporary succession issues, and identifies and analyzes relevant legislation offered in the 110th Congress.
Minerals Price Increases and Volatility: Causes and Consequences
This report discusses China's efforts to improve and increase its access to foreign mineral resources, which may have the effect of raising prices for U.S. domestic industrial users. The report examines in detail the relationship between prices, production, and availability of selected metal minerals essential to the U.S. economy. It focuses on iron ore, aluminum (bauxite/alumina), copper, manganese, molybdenum (moly), zinc, platinum group metals (PGMs), and uranium.
Navy Trident Submarine Conversion (SSGN) Program: Background and Issues for Congress
The FY2006 budget completed the funding required in the Shipbuilding and Conversion, Navy (SCN) account for the Navy’s program to refuel and convert four Trident ballistic missile submarines (SSBNs) into cruise-missile-carrying and special operations forces (SOF) support submarines (SSGNs). Initial Operational Capability (IOC) for the program was declared on November 1, 2007. The total estimated cost of the program is about $4.0 billion. This report will be updated as events warrant.
Snowmobiles: Environmental Standards and Access to National Parks
For at least a decade, the use of snowmobiles in Yellowstone and other national parks has been controversial because of the potential impacts on wildlife and, until recently, the absence of standards for snowmobile emissions and noise. The National Park Service has attempted to address the issue by developing Winter Use Plans that establish regulations and limits at individual park units. These plans have been the subject of numerous legal challenges. On September 15, 2008, the U.S. District Court for the District of Columbia vacated the National Park Service’s most recent Winter Use Plan...
Haiti: Legislative Responses to the Food Crisis and Related Development Challenges
Haiti faces several interrelated challenges, the most immediate being a lingering food crisis that in April 2008 led to deadly protests and the ouster of Haiti’s prime minister. Haiti also suffers from a legacy of poverty, unemployment, and under-development that is compounding security problems for its new and fragile democracy. On May 23, 2008, the Bush Administration announced that it would send an additional $25 million in emergency food aid to Haiti, bringing its total emergency contribution to $45 million. In late June 2008, Congress appropriated $1.2 billion in FY2008 and FY2009...
Extending NASA’s Exemption from the Iran, North Korea, and Syria Nonproliferation Act
The Iran Nonproliferation Act of 2000 (INA) was enacted to help stop foreign transfers to Iran of weapons of mass destruction, missile technology, and advanced conventional weapons technology, particularly from Russia. Section 6 of the INA banned U.S. payments to Russia in connection with the International Space Station (ISS) unless the U.S. President determined that Russia was taking steps to prevent such proliferation. When the President in 2004 announced that the Space Shuttle would be retired in 2010, the Russian Soyuz became the only vehicle available after that date to transport...
FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing military operations in Iraq and Afghanistan in support of what the Bush Administration terms the Global War on Terror, along with the emerging operational role of the Reserve Components, further heighten interest and support for a wide range of military personnel policies and issues.
The Congressional Research Service (CRS) selected a number of the military personnel issues that Congress considered as it deliberated the National Defense Authorization Act for FY2009. In...
Farm Commodity Programs in the 2008 Farm Bill
Farm commodity price and income support provisions in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill) include three primary types of payments: Direct payments unrelated to production or prices; Counter-cyclical payments for a commodity that are triggered when (a) prices are below statutorily-determined target prices, or (b) revenue falls below a historical guaranteed level; and Marketing assistance loans that offer interim financing and, if prices fall below loan prices set in statute, additional income support. The farm commodity programs are the most...
The U.S. Financial Crisis: Lessons From Chile
Chile experienced a banking crisis from 1981-84 that in relative terms had a cost comparable in size to that perhaps facing the United States today. The Chilean Central Bank acted quickly and decisively in three ways to restore faith in the credit markets. It restructured firm and household loans, purchased nonperforming loans temporarily, and facilitated the sale or liquidation of insolvent financial institutions. These three measures increased liquidity in the credit markets and restored the balance sheets of the viable financial institutions. The Central Bank required banks to...
China’s Space Program: Options for U.S.-China Cooperation
China has a determined, yet still modest, program of civilian space activities planned for the next decade. The potential for U.S.-China cooperation in space—an issue of interest to Congress—has become more controversial since the January 2007 Chinese anti-satellite test. The test reinforced concerns about Chinese intentions in outer space and jeopardized space assets of more than two dozen countries by creating a large cloud of orbital space debris. Some argue that Chinese capabilities now threaten U.S. space assets in low earth orbit. Others stress the need to expand dialogue with...
Private Security Contractors in Iraq: Background, Legal Status, and Other Issues
The United States is relying heavily on private firms to supply a wide variety of services in Iraq, including security. From publicly available information, this is apparently the first time that the United States has depended so extensively on contractors to provide security in a hostile environment, although it has previously contracted for more limited security services in Afghanistan, Bosnia, and elsewhere. In Iraq, private firms known as Private Security Contractors (PSCs) serve to protect individuals, transport convoys, forward operating bases, buildings, and other economic...
The U.S. Financial Crisis: Lessons from Sweden
In the early 1990s, Sweden faced a large banking and exchange rate crisis which it eventually resolved. Four lessons that emerged from Sweden's experience are: 1) the resolution process must be transparent; 2) the resolution agency must be politically and financially independent; 3) market discipline must be maintained; and 4) there must be a plan to jump-start credit flows in the financial system. This report provides an overview of the Swedish banking crisis and an explanation of the measures Sweden used to restore its banking system to health.
Food and Agricultural Imports from China
China is now the third largest source of U.S. agricultural and seafood imports. A series of incidents have raised public concerns about the safety of these products. In September 2008, U.S. authorities said they broadened their testing of milk-derived products from China, following reports that melamine-contaminated baby formula has sickened tens of thousands of Chinese children. They also announced a recall of some coffee products that may contain melamine.
Early in 2007, evidence emerged that adulterated pet food ingredients from China had caused the deaths of a large number of dogs and...
The Resolution Trust Corporation: Historical Analysis
In a 1989 legislative response to financial troubles in the thrift industry, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA, P.L. 101-73) was enacted: FIRREA’s principal mission was to conduct a partially tax-payer funded program to address the troubles of the nation’s many insolvent thrifts. To do so, it established a new entity, the Resolution Trust Corporation (RTC), whose mission was to address troubled thrifts by arranging their sale to other institutions or shuttering them and disposing of their assets. The RTC would eventually obtain $105 billion in...
Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.
In 1998, a U.S. district court held that the imposition of the coal excise tax, or black lung excise tax, on exported coal was unconstitutional. Refunding the tax has been controversial. This is because some coal producers and exporters attempted to bypass the limitations in the Internal Revenue Code’s refund scheme by bringing suit under the Export Clause in the Court of Federal Claims, seeking damages from the United States in the amount of coal excise taxes paid. The Federal Circuit Court of Appeals held there was Tucker Act jurisdiction to hear some of the suits and allowed them as an...
Statutory Offices of Inspector General: Past and Present
Statutory offices of inspector general (OIG) consolidate responsibility for audits and investigations within a federal agency. Established by public law as permanent, nonpartisan, independent offices, they now exist in more than 60 establishments and entities, including all departments and largest agencies, along with numerous boards and commissions. Under two major enactments—the Inspector General Act of 1978 and its amendments of 1988—inspectors general are granted substantial independence and powers to carry out their mandate to combat waste, fraud, and abuse. Recent initiatives have...
Tsunami Detection and Warnings for the United States
This report discusses topics in respect to tsunami disaster warnings for the United States, discussions ensued between the Department of Homeland Security (DHS) and the National Oceanic and Atmospheric Administration (NOAA) about developing a multi-hazard warning and response system.
The use of carbon monoxide (CO) in the packaging of meat and fish has generated considerable debate. The presence of CO results in the meat turning a bright red color that lasts longer than the color in untreated meat. Additionally, fish treated with CO gain a fresher appearance and a red tint. The meat industry, consumer groups, scientists, and policy makers disagree as to whether the use of CO in meat and fish packaging should be regulated by the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA), through labeling or otherwise, and whether CO should...
Federal Railroad Safety Programs: Selected Issues in Proposed Reauthorization Legislation
The Federal Railroad Administration (FRA) is the federal agency primarily responsible for safety in the rail industry. FRA’s safety programs were last authorized in 1994; their authorization expired in 1998. Most measures of rail safety have improved significantly since FRA’s last authorization, including the number of grade crossing collisions and fatalities and the number of employee injuries and deaths. These improvements came while the amount of both freight and passenger rail activity on the nation’s rail infrastructure was increasing. However, the improvements in safety measures have...
Do Not Mail Initiatives and Their Potential Effects: Possible Issues for Congress
Since 2007, at least 19 state legislatures have introduced legislation that would require the creation of state Do Not Mail (DNM) registries. In 2008, 12 states had pending DNM legislation. Although each state’s DNM initiative is unique, all attempt to curb the delivery of unsolicited advertising mail—often referred to as “junk mail or “direct mail marketing.” Each state’s bill would permit a resident to submit his or her name and address to a state agency or department, which would compile all the names and addresses into a registry that would then be distributed to direct mail marketers....
Proposals for a New Foreign Service Compensation System in the 110th Congress
Proponents of revisions in the Foreign Service compensation system point out that as increasing numbers of Foreign Service personnel are going to posts of increased hardship and danger, Foreign Service personnel serving abroad receive 20.89% less than their colleagues who are posted in Washington, D.C. due to the loss of locality pay when serving abroad. These proponents of revision maintain that this difference negatively impacts morale and assignment considerations, and eventually retention also. Both the 109th and 110th Congresses have considered proposals to eliminate this pay...
Proposal to Allow Treasury to Buy Mortgage-Related Assets to Address Financial Instability
Financial markets underwent severe stress during the week of September 15 - 22, 2008. After Lehman Brothers declared bankruptcy and AIG received a bridge loan from the Federal Reserve, policymakers reassessed their case-by-case approach to resolving financial problems. Secretary of the Treasury Paulson announced a plan to allow Treasury to purchase mortgage-related assets from U.S. financial institutions. The announced intent of the plan is to unclog financial markets, increase the health of the banking sector, and reduce ongoing risks to the economy. This report discusses a draft
of the...
Consumer Product Safety Improvement Act of 2008: P.L. 110-314
Public alarm about the spate of recent product recalls throughout 2007, particularly of toys and other products used by children, has focused attention on the Consumer Product Safety Commission (the CPSC or the Commission). This scrutiny led to consideration of major amendments to the Consumer Product Safety Act (CPSA), which established and authorized the CPSC in 1972 in response to growing concerns about protecting the public from unsafe, defective consumer products. Jurisdiction over the administration and enforcement of several existing consumer safety statutes was transferred from...
National Environmental Education Act of 1990: Overview, Implementation, and Issues for Congress
The federal role in environmental education has been an ongoing issue. For nearly two decades, EPA has been the primary federal agency responsible for providing financial assistance to schools to support environmental education. The National Environmental Education Act of 1990 (P.L. 101-619) established a program within EPA to award grants for educating elementary and secondary school students and training teachers in environmental subjects, and to fund other related activities. The President has proposed to eliminate this program in his annual budget requests each year since FY2003, and...
National Flood Insurance Program: Treasury Borrowing in the Aftermath of Hurricane Katrina
In 2008, Hurricanes Ike, Gustav, and Dolly made landfall in the United States, causing widespread flood damage. Exactly three years earlier, claims and expenses related to the massive flooding caused by Hurricanes Katrina, Rita, and Wilma had financially overwhelmed the National Flood Insurance Program (NFIP). The Federal Emergency Management Agency (FEMA) estimates that the NFIP will need about $3 billion in additional borrowing authority to cover the claims currently outstanding and a yet to be determined amount for the 2008 Hurricanes. Congress is currently working to reform the NFIP...
The focus of this report is on the commercial aspects of the U.S. liner trade. The report discusses the historical rationale for shipping conferences and legislative history of U.S. shipping law.
Side-by-Side Comparison of Energy Tax Provisions of H.R. 6899 and S. 3478
The Comprehensive American Energy Security and Consumer Protection Act, H.R. 6899, was introduced on September 15, 2008, and approved by the House on September 16, 2008. This plan allows oil and gas drilling in the Outer Continental Shelf (OCS), and it incorporates most of the energy tax provisions from an energy tax bill, H.R. 5351, and some of H.R. 6049, both of which were previously approved by the House of Representatives but failed to be taken up by the Senate.
In the Senate, legislative efforts on energy tax incentives and energy tax extenders center around S. 3478, the $40 billion...
Outer Continental Shelf Leasing: Side-by-Side Comparison of Five Legislative Proposals
This report provides a side-by-side comparison of three bills and two proposals, each of which addresses oil and gas development in the outer continental shelf (OCS). None of the bills has passed its respective chamber. One of the proposals, H.R. 6899, the “Comprehensive American Energy Security and Taxpayer Protection Act,” is expected to come to the House floor the week of September 15, 2008.
The moratoria on oil and gas leasing in much of the OCS has become a major issue in Congress and also in the Presidential campaign. This report describes the background of OCS leasing and the...
Livestock Feed Costs: Concerns and Options
This report discusses higher livestock feed costs. The authors argue the current public policies, including financial incentives that divert corn from feed uses into ethanol production.
Taiwan: Overall Developments and Policy Issues in the 109th Congress
This report discusses the U.S. relations with Taiwan as especially troubled during the 109th Congress in 2005-2006. Two developments concerning Taiwan were particularly nettlesome to U.S. policymakers in 2005-2006.
Judicial Salary: Current Issues and Options for Congress
Several federal judges, including the Chief Justice of the United States, have expressed concern over the level of judicial salary. Chief Justice Roberts has called the current levels of judicial salary a “constitutional crisis” that threatens the independence of the federal courts. The most common arguments for raising judicial salary claim that low judicial salaries (1) limit the ability of the federal judiciary to draw on a diverse pool of candidates for positions on the federal bench; (2) force federal judges concerned about their financial futures to resign from the bench before they...
Japan’s Political Turmoil in 2008: Background and Implications for the United States
On September 1, 2008, Japanese Prime Minister Yasuo Fukuda stunned observers by resigning his post, saying that a new leader might be able to avoid the “political vacuum” that he faced in office. Fukuda’s 11-month tenure was marked by low approval ratings, a sputtering economy, and virtual paralysis in policymaking, as the opposition Democratic Party of Japan (DPJ) used its control of the Upper House of Japan’s parliament (the Diet) to delay or halt most government proposals. On September 22, the ruling Liberal Democratic Party (LDP) will elect a new president, who will become Japan’s...
Fannie Mae and Freddie Mac in Conservatorship
On September 7, 2008, the Federal Housing Finance Agency (FHFA) placed Fannie Mae and Freddie Mac, two government-sponsored enterprises (GSEs) that play a critical play in the U.S. home mortgage market, in conservatorship. As conservator, the FHFA has full powers to control the assets and operation of the firms. Dividends to common and preferred shareholders are suspended, but the U.S. Treasury has put in place a set of financing agreements to ensure that the GSEs continue to meet their obligations to holders of bonds that they have issued or guaranteed. This means that the U.S. taxpayer...
Emergency Communications Legislation: Implications for the 110th Congress
Since September 11, 2001, several bills introduced in the U.S. Congress have included provisions to assist emergency communications. Key provisions from a number of these bills have become law.
Legislation addressing communications among first responders focused first on interoperability—the capability of different systems to connect—with provisions in the Homeland Security Act (P.L. 107-296). The Intelligence Reform and Terrorism Prevention Act (P.L. 108-458) provided more comprehensive language that included requirements for developing a national approach to achieving interoperability....
The Department of Defense, Science and Technology Program: An Analysis, FY1998-FY2007
Every year Congress appropriates billions of dollars for the Science and Technology Program of the Department of Defense. Besides deciding on how much money to appropriate, Congress must also decide on how best to allocate those resources. Over the last ten years, the Science and Technology program has grown to historic levels in inflation-adjusted dollars. However, the funding increases appear to have peaked. In light of growing federal budget deficits, Congress may re-examine its investments in DOD’s S&T program. Before doing that, it might be helpful to understand how the budget...
Vulnerability of Concentrated Critical Infrastructure: Background and Policy Options
“Critical infrastructure” consists of systems and assets so vital to the United States that their incapacity would harm the nation’s physical security, economic security, or public health. Critical infrastructure is often geographically concentrated, so it may be distinctly vulnerable to events like natural disasters, epidemics, and certain kinds of terrorist attacks. Disruption of concentrated infrastructure could have greatly disproportionate effects, with costs potentially running into billions of dollars and spreading far beyond the immediate area of disturbance. Hurricane Katrina in...
Economic Analysis of a Mortgage Foreclosure Moratorium
This report discusses the legislation that creates a voluntary program to enable troubled mortgage borrowers and lenders to refinance their loans through the Federal Housing Administration (FHA)
One of the numerous functions performed by the Financial Management Service (FMS) at the Treasury Department is the collection of delinquent tax and non-tax debt owed to a variety of state governments and federal agencies.
In managing the collection of this debt, the FMS relies on two programs it operates with assistance from several federal agencies: the Treasury Offset Program (TOP) and the Federal Payment Levy Program (FPLP). Both programs allow the FMS to offset or reduce specified federal payments to individuals or companies in order to satisfy qualified tax or non-tax debts. The TOP...
The Alaska Natural Gas Pipeline: Status and Current Policy Issues
This report provides a brief review of efforts to develop and construct a natural gas pipeline from Prudhoe Bay, a status report on recent efforts to proceed, and an analysis of major relevant policy issues.
Legal Services in the World Trade Organization (WTO) and U.S. Effect
This report provides a broad overview of the treatment of legal services under the World Trade Organization (WTO) agreements and its potential effect on laws and rules governing the provision of legal services by foreign lawyers in the United States and legal ethics rules.
Medicaid and SCHIP Section 1115 Research and Demonstration Waivers
Section 1115 of the Social Security Act provides the Secretary of Health and Human Services (HHS) with broad authority to waive certain statutory requirements for states to conduct research and demonstration projects that further the goals of Titles XIX (Medicaid) and/or XXI (the State Children’s Health Insurance Program; SCHIP). States use the Section 1115 waiver authority to cover non-Medicaid and SCHIP services, limit benefit packages, cap program enrollment, among other purposes.
As of July 1 2008, there were 94 operational Medicaid and SCHIP Section 1115 waiver programs in 43 states...
The Budget for Fiscal Year 2009
On February 4, 2008, President Bush sent his fiscal year (FY) 2009 budget to Congress. The President’s budget predicted a deficit of $407 billion for FY2008 and $410 billion for FY2009, up from $162 billion in FY2007. The Congressional Budget Office (CBO) estimated the FY2008 deficit would total $396 billion if the President’s proposals were enacted, about $39 billion more than the current-law baseline. CBO projected that the President’s proposals would generate a FY2009 deficit of $342 billion. Tax rebates and business investment incentives enacted in the Economic Stimulus Act of 2008...
Communications Act Revisions: Selected Issues for Consideration
The passage of the 1996 Telecommunications Act (P.L. 104-104) resulted in a major revision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) to address the emergence of competition in what were previously considered to be monopolistic markets. Although less than a decade has passed, a consensus has grown that existing laws that govern the telecommunications and broadcasting sectors have become inadequate to meet the Nation’s changing telecommunications environment. Technological changes such as the advancement of Internet technology to supply data, voice, and video, the transition...
China's Greenhouse Gas Emissions and Mitigation Policies
This report discusses China's greenhouse gas (GHG) emissions as well as the policies and programs that they have put in place to mitigate them. These issues affect how Congress considers envionmental policies and relations with China.
GAO: Government Accountability Office and General Accounting Office
On July 7, 2004, an old congressional support agency was given a new name, while keeping the same initials (GAO): at that time, the General Accounting Office, established in 1921, was re-designated the Government Accountability Office (P.L. 108-271). The renaming, which came at the request of its head, the Comptroller General (CG) of the United States, was designed to reflect the agency’s evolution and additional duties since its creation more than eight decades before.
The Government Accountability Office is the largest of three agencies that provide staff support, research, review, and...
Government-Sponsored Enterprises (GSEs): An Institutional Overview
Congress chartered government-sponsored enterprises (GSEs) to improve the workings of credit markets. This report briefly describes the nature of GSEs, their mixed governmental-private nature, the differences between GSEs and government agencies, and the arguments for and against GSEs.
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2009 Appropriations
The FY2009 Transportation, Housing and Urban Development, and Related Agencies appropriations bill (THUD) provides funding for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and five independent agencies related to those two departments.
The Bush Administration requested net budgetary authority of $102.5 billion (after scorekeeping adjustments) for FY2009, a cut of $36 million (less than 1%) from the comparable FY2008 level. DOT would receive a net total of $63.5 billion, a cut of $1 billion from the comparable FY2008 level. HUD would receive...
Boumediene v. Bush: Guantanamo Detainees’ Right to Habeas Corpus
In the consolidated cases of Boumediene v. Bush and Al Odah v. United States, decided June 12, 2008, the Supreme Court held in a 5-4 opinion that aliens designated as enemy combatants and detained at the U.S. Naval Station in Guantanamo Bay, Cuba, have the constitutional privilege of habeas corpus. The Court also found that § 7 of the Military Commissions Act (MCA), which limited judicial review of executive determinations of the petitioners’ enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas....
The Higher Education Opportunity Act: Reauthorization of the Higher Education Act
The Higher Education Act of 1965 (HEA; P.L. 89-329), as amended, authorizes a broad array of federal student aid programs that assist students and their families with paying for or financing the costs of obtaining a postsecondary education. The HEA also authorizes a series of programs that provide federal aid and support to institutions of higher education. HEA programs are administered by the U.S. Department of Education (ED).
In the 110th Congress, the Higher Education Opportunity Act (HEOA; P.L. 110-315) was enacted to amend, extend, and establish new programs under the Higher Education...
Pension Benefit Guaranty Corporation (PBGC) Investment Policy: Issues for Congress
The Pension Benefit Guaranty Corporation (PBGC) is a federal corporation established under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA, P.L. 93-406). The PBGC insures private pension beneficiaries against the complete loss of accrued benefits if their defined benefit pension plan is terminated without adequate funding. The PBGC receives no appropriations from general revenue. Its operations are financed by insurance premiums set by Congress and paid by sponsors of defined benefit plans, investment income from the assets in its trust fund, and recoveries from the...
Public, Educational, and Governmental (PEG) Access Cable Television Channels: Issues for Congress
This report discusses public, educational, and governmental (PEG) access channels that are set aside for use by the general public, by local schools, colleges, and universities, and by elements of local government.
Flood Insurance Requirements for Stafford Act Assistance
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) imposes flood insurance requirements upon eligibility for disaster assistance in two general cases: (1) if the entity seeking disaster assistance has received disaster assistance in the past, or (2) if the entity seeking disaster assistance is a state or local government or private nonprofit located in a federally designated special flood hazard area (SFHA) as determined under the National Flood Insurance Act of 1968. The requirements imposed by the Stafford Act operate independently of each other, and a...
Federal Trade Commission Guidance Regarding Tar and Nicotine Yields in Cigarettes
In 1966, the Federal Trade Commission (FTC or Commission) stated that a cigarette test methodology known as the Cambridge Filter Method or FTC Test Method was the methodology “to be used to support any factual statements of tar and nicotine content of the mainstream smoke of cigarettes.” The FTC statement did not mandate that cigarette companies state tar and nicotine yields on tobacco product packaging, but rather determined “the type of substantiation the Commission would deem adequate to support statements of tar and nicotine yields if cigarette companies choose to make such...
Health Insurance Coverage: Characteristics of the Insured and Uninsured Populations in 2007
Based on data from the Census Bureau’s Current Population Survey (CPS), 45.7 million people in the United States had no health insurance in 2007 — a decrease of approximately 1.3 million people when compared with 2006. This report briefly examines the characteristics of this uninsured population.
Congressional Review Act: Disapproval of Rules in a Subsequent Session of Congress
The Congressional Review Act (“CRA,” 5 U.S.C. §§801-808) established a special set of expedited or “fast track” legislative procedures, primarily in the Senate, through which Congress may enact joint resolutions disapproving agencies’ final rules. Members of Congress have 60 “days of continuous session” to introduce a resolution of disapproval after a rule has been submitted to Congress or published in the Federal Register, and the Senate has 60 “session days” to use CRA expedited procedures. Although the CRA was considered a reassertion of congressional authority over rulemaking agencies,...
Turkey: Update on Crisis of Identity and Power
Secularism has been one of the “fundamental and unchanging principles” guiding the Turkish Republic since its founding in 1923. It also has been the principle that has produced considerable domestic political tension. Over the years, political parties have emerged that appeared to challenge that principle and to strive to restore religion to a central place in the state. Each time, the party has eventually been banned from the political stage. The Justice and Development Party (AKP), formed in 2001, has Islamist roots and claims to be conservative and democratic. The AKP won the 2002 and...
H.R. 6076: Home Retention and Economic Stabilization Act of 2008
The Home Retention and Economic Stabilization Act of 2008 would defer foreclosure for eligible mortgage borrowers for up to 270 days. If passed, the bill would give extra time to some borrowers and lenders to consider alternatives to foreclosure, including traditional loss mitigation and participation in the new Federal Housing Administration (FHA) program for refinancing troubled loans. Some policymakers believe that a moratorium on foreclosures could help stabilize housing markets and alleviate problems from the subprime financial turmoil. This report explores this issue in detail and...
The Buy American Act: Requiring Government Procurements to Come from Domestic Sources
The Buy American Act is the major domestic preference statute governing procurement by the federal government. Essentially it attempts to protect domestic labor by providing a preference for American goods in government purchases. In the 110th Congress a new reporting requirement was added to the Buy American Act. The Buy American Improvement Act of 2007 would make statutory the definition of "American made," increase the domestic content requirement from 50% to 75%, and place limits upon the "inconsistent with the public interest" and "use outside of the United States" exceptions to the act.
Use of the Polar Bear Listing to Force Reduction of Greenhouse Gas Emissions: The Legal Arguments
On May 15, 2008, the Fish and Wildlife Service (FWS) listed the polar bear as a threatened species under the Endangered Species Act (ESA). At the same time, it published a “special rule” limiting the application of ESA prohibitions to activities affecting the bear. The listing and special rule attracted attention due to the likelihood that the listing will be used as a legal basis to attempt to force reductions of greenhouse gas emissions from sources nationwide. At least two arguments might be made. First, the ESA prohibition of “takes” could be argued to be violated by major greenhouse...
Weak and Failing States: Evolving Security Threats and U.S. Policy
Although long a component of U.S. foreign policy, strengthening weak and failing states has increasingly emerged as a high-priority U.S. national security goal since the end of the Cold War. Numerous U.S. government documents point to several threats emanating from states that are variously described as weak, fragile, vulnerable, failing, precarious, failed, in crisis, or collapsed. These threats include providing safe havens for terrorists, organized crime, and other illicit groups; causing conflict, regional instability, and humanitarian emergencies; and undermining efforts to promote...
Data Mining and Homeland Security: An Overview
Data mining has become one of the key features of many homeland security initiatives. Often used as a means for detecting fraud, assessing risk, and product retailing, data mining involves the use of data analysis tools to discover previously unknown, valid patterns and relationships in large data sets. In the context of homeland security, data mining can be a potential means to identify terrorist activities, such as money transfers and communications, and to identify and track individual terrorists themselves, such as through travel and immigration records.
While data mining represents a...
The Budget Deficit and the Trade Deficit: What Is Their Relationship?
In the 1980s expansion, the trade deficit and budget deficit moved together. This pattern re-emerged in the recession and subsequent expansion beginning in 2001. This is the opposite of what happened in the last half of the 1990s, when the budget deficit fell as a fraction of gross domestic product (GDP) and the trade deficit rose sharply as a fraction of GDP. From this experience it is clear that international capital flows, which drive the net balance of trade, do not depend solely on movements in the budget deficit. During the last half of the 1990s, real gross domestic investment rose...
North Korean Crime-for-Profit Activities
Strong indications exist that the North Korean (Democratic People’s Republic of Korea or DPRK) regime has been involved in the production and trafficking of illicit drugs, as well as of counterfeit currency, cigarettes, and pharmaceuticals. It appears that drug trafficking has declined and counterfeiting of cigarettes may be expanding. Reports indicate that North Korea may engage in insurance fraud, human trafficking, and wildlife trafficking as a matter of state policy. DPRK crime-for-profit activities have reportedly brought in important foreign currency resources and come under the...
Low-Income Country Debt Cancellation: H.R. 2634 and S. 2166
This report discusses previous efforts to cancel debt owed by low-income countries. It summarizes the Jubilee debt reduction proposal and provides an overview of House and Senate action. It assesses the likely cost of a possible Jubilee debt reduction program. Finally, the report examines some possible implementation and policy issues.
An Emergency Communications Safety Net: Integrating 911 and Other Services
Future 911 systems will use Internet protocols (IP) to facilitate interoperability and system resilience, and to provide better connections between 911 call centers, emergency responders, and alert and warning systems, more robust capacity, and the flexibility to receive calls for help in any format. The National Emergency Number Association (NENA) began planning for these changes under the banner of Next Generation 911, or NG9-1-1, in 2000. Support for NG9-1-1, with its emphasis on IP protocols to provide interoperability and redundancy, now comes from a broad base that includes public...
Climate Change and International Deforestation: Legislative Analysis
Deforestation accounts for nearly 20% of anthropogenic greenhouse gas emissions in the world. Deforestation results in carbon emissions when trees and underlying vegetation are burning or decomposing. Deforested areas that are later cultivated also release carbon to the atmosphere when soil carbon is oxidized. Further, deforested areas converted to other land uses (e.g., pastures) might sequester less carbon than forests, enabling greater levels of CO2 in the atmosphere. Providing incentives to prevent deforestation in foreign countries has been proposed in climate change legislation. An...
Domestic Food Assistance and the 2008 Farm Bill
The nutrition title of the omnibus 2008 “farm bill” is the focus of legislation affecting domestic food assistance programs in the 110th Congress. The program areas that are addressed include the regular Food Stamp program, programs operating in lieu of food stamps (e.g., Puerto Rico, Indian reservations), The Emergency Food Assistance Program (TEFAP), the Commodity Supplemental Food Program, Community Food Projects, the Seniors Farmers’ Market Nutrition Program, initiatives to provide fresh fruit and vegetable in schools, and newly proposed nutrition and health promotion or support...
Presidential Claims of Executive Privilege: History, Law, Practice and Recent Developments
This report discusses the background of claims of executive privilege, a right to preserve the confidentiality of information and documents in the face of legislative demands, ending with a look into how President George W. Bush has used them.
Congressional Investigations of the Department of Justice, 1920-2007: History, Law, and Practice
This report discusses the legislative oversight that is most commonly conducted through congressional budget, authorization, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment.
General Services Administration Prospectus Thresholds for Owned and Leased Federal Facilities
The General Services Administration (GSA) oversees GSA-owned and -leased federal buildings and courthouses. This report provides an overview of the funding for GSA, GSA procedures, and related legislation, especially in light of recent disasters, i.e., hurricanes, flooding, etc.
This report examines the issues surrounding the Walter Reed public-private competition conducted under Office of Management and Budget (OMB) Circular A-76 and its potential impact on future Department of Defense (DOD) competitions. Circular A-76 is a policy and a process first initiated in 1966 that was designed to determine whether federal employees or private sector contractors are best to perform activities deemed commercial. A series of articles that first appeared in the Washington Post chronicled the dilapidated conditions and the substandard medical treatment afforded to returning...
Disaster Tax Relief for the Midwest
The Midwestern Disaster Tax Relief Act of 2008 (S. 3322 and H.R. 6587) is intended to assist with the recovery from the severe weather that affected the Midwest during the summer of 2008. The Jobs, Energy, Families, and Disaster Relief Act of 2008 (S. 3335) includes some similar provisions, but these are not limited to the Midwest disaster. The disaster relief in the three bills is similar to that provided to assist with the recovery from the 2005 hurricanes and the 2007 Kansas tornadoes. This report broadly discusses the disaster relief provisions in S. 3322/H.R. 6587 and S. 3335.
Tax Credit Bonds: A Brief Explanation
This report provides a brief explanation on tax credit bonds (TCBs). The first section of this report examines the mechanics of TCBs in more detail. The second section of this report analyzes the market for TCBs relative to municipal and corporate bonds.
Congressional Budget Act Points of Order
Title III of the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688), as amended, contains several points of order that are used to enforce congressional budget procedures and substantive provisions of a budget resolution. These points of order prohibit certain congressional actions and consideration of certain legislation. For more information on the budget process, see the CRS Guides to Congressional Processes at http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Governmental Drug Testing Programs: Legal and Constitutional Developments
Constitutional law on the subject of governmentally mandated drug testing is primarily an outgrowth of the Fourth Amendment prohibition on unreasonable searches and seizures. Judicial exceptions to traditional requirements of a warrant and individualized suspicion for “administrative” searches have been extended to random drug testing of public employees and school students where the government is able to demonstrate a “special need” beyond the demands of ordinary law enforcement. In the public employment setting, however, special needs analysis has largely been confined to relatively...
Revenue Legislation in the Congressional Budget Process
Most of the laws establishing the federal government’s revenue sources are permanent and continue year after year without any additional legislative action. Congress, however, typically enacts revenue legislation, changing some portion of the existing tax system, every year. Revenue legislation may include changes to individual and corporate income taxes, social insurance taxes, excise taxes, or tariffs and duties. This report provides a brief summary of the constitutional provisions and various procedural rules governing the congressional consideration of revenue legislation. For more...
Functional Categories of the Federal Budget
The President’s budget and the congressional budget resolution classify federal budgetary activities into functional and subfunctional categories that represent the major purposes of the federal government. Each budgetary activity of the federal government, including budget authority, outlays, tax expenditures, and credit authority, is classified into a subfunction based on the primary purpose it serves without regard to the agency or other unit responsible for it. The functional categories provide a broad statement of budget priorities and facilitate the analysis of trends in related...
Midwest Floods of 2008: Potential Impact on Agriculture
Unusually cool, wet spring weather followed by widespread June flooding across much of the Corn Belt cast considerable uncertainty over 2008 U.S. corn and soybean production prospects. As much as 5 million acres of crop production were initially thought to be either lost entirely or subject to significant yield reductions. Estimates of flood-related crop damage varied widely due, in part, to a lack of reliable information about the extent of plant recovery or replanting in the flooded areas. These circumstances generated considerable market angst and U.S. agricultural prices for corn and...
Al Qaeda in Iraq: Assessment and Outside Links
In explaining the decision to invade Iraq and oust Saddam Hussein from power, the Administration asserted, among other justifications, that the regime of Saddam Hussein had a working relationship with the Al Qaeda organization. The Administration assessed that the relationship dated to the early 1990s, and was based on a common interest in confronting the United States. The Administration assertions were derived from U.S. intelligence showing a pattern of contacts with Al Qaeda when its key founder, Osama bin Laden, was based in Sudan in the early to mid-1990s and continuing after he...
This report compares the People’s Republic of China’s (PRC) and U.S. projections of global influence, with an emphasis on non-coercive means or “soft power,” and suggests ways to think about U.S. foreign policy options in light of China’s emergence. Part One discusses U.S. foreign policy interests, China’s rising influence, and its implications for the United States. Part Two compares the global public images of the two countries and describes PRC and U.S. uses of soft power tools, such as public diplomacy, state diplomacy, and foreign assistance. It also examines other forms of soft power...
The 110th Congress is considering legislation and conducting oversight on National Park Service (NPS) related topics. The Administration is addressing park issues through budgetary, regulatory, and other actions. This report focuses on several key topics.
Centennial Initiative. President Bush’s National Park Centennial Initiative seeks to add up to $3 billion for national park units over 10 years through: (1) an additional $100.0 million annually in discretionary funds; (2) public donations of least $100.0 million annually; and (3) a federal match of the public donations with up to $100.0...
FDA Authority to Regulate On-Farm Activity
Recent concerns regarding fresh produce contaminated with E. coli or Salmonella have brought attention to the Food and Drug Administration (FDA)’s regulatory authority. Some advocates have requested new FDA food safety regulations, including rules that would regulate activity on farms. One question is whether the FDA has the authority to regulate on-farm activities. H.R. 1108 and S. 625, which would authorize the FDA to regulate tobacco products, would limit the FDA’s authority to regulate activities on certain tobacco farms. However, it appears that the FDA has the authority to regulate...
Rowe v. New Hampshire Motor Transport Association: Federal Preemption of State Tobacco Shipment Laws
Maine adopted two laws regarding shipping and delivery sales of tobacco products that were aimed at preventing minors from acquiring tobacco products. In Rowe v. New Hampshire Motor Transport Association, the Supreme Court held that the two Maine laws were preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). That law prohibited states from “enact[ing] or enforc[ing] a law ... related to a price, route, or service of any motor carrier ... with respect to the transportation of property.” In finding that Maine’s mail-order tobacco product delivery laws were...
Nomination and Confirmation of Lower Federal Court Judges in Presidential Election Years
This report seeks to shed light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the "Thurmond rule." Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court...
The annual budget resolution sets forth Congress’s budget plan for a period of at least five fiscal years. It includes total levels of new budget authority, outlays, revenues, the deficit, and the public debt for each of the fiscal years covered. While the budget resolution does not become law, the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688), as amended, provides for the enforcement of its provisions as they are implemented in subsequent annual appropriations bills, revenue measures, and other budgetary legislation. For more information on the budget...
Whither the Role of Conference Committees: An Analysis
Conference committees have long been known as the “third house of Congress.” They are often the principal forum for resolving bicameral differences on major measures when the House and Senate pass dissimilar versions of the same bills. Current developments suggest, however, that the “third house” characterization might require modification. It is not that conference committees are unimportant, it is that another method for adjusting and reconciling bicameral differences on significant legislation has taken on greater prominence in the contemporary Congress. This method is the exchange of...
International Convention Against Doping in Sport: Issues for Congress
The International Convention Against Doping in Sport seeks to harmonize anti-doping commitments for non-professional sports at the international level. This Convention, adopted by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) in 2005, entered into force on February 1, 2007. On July 21, 2008, the Senate approved the treaty for ratification (Treaty Doc 110-14), subject to an understanding, a declaration, and a condition. President George W. Bush signed the instrument of ratification for the treaty on August 4, 2008. Issues that may continue to arise as...
Suits Against Terrorist States by Victims of Terrorism
In 1996 Congress amended the Foreign Sovereign Immunities Act (FSIA) to allow U.S. victims of terrorism to sue designated State sponsors of terrorism for their terrorist acts. The courts have handed down large judgments against the terrorist State defendants, generally in default, and successive Administrations have intervened to block the judicial attachment of frozen assets to satisfy judgments. After a court ruled that Congress never created a cause of action against terrorist States themselves, but only against their officials, employees, and agents, plaintiffs have based claims on...
Construction of the New Embassy Compound (NEC) in Baghdad is completed and, as of early August 2008, about 50% of post staff have moved in. Construction problems and additional requirements, including adding space at the embassy compound for General Patraeus and his staff, as requested in a mid-2007 report by State’s then-Director of Management and Planning, delayed the opening by a year and raised the cost from the original $592 million estimate to about $736 million. The Department of State has a goal of having all U.S. government personnel moved in by the end of 2008.
This report will...
Economics of Guaranteed Student Loans
Since 1966, the federal government has provided guarantees and subsidies to approved private lenders or certain state government entities that make student loans. College graduates’ enhanced human capital is generally not viewed as collateral. Lenders, without federal subsidies and guarantees, would charge interest rates more in line with other unsecured loans, such as credit card debt, that could push the financial costs of higher education beyond the reach of many students and their families. Although federal subsidies for student lenders have probably expanded access to higher...
Energy: Selected Facts and Numbers
This report discusses the energy policy that has been a recurring issue for Congress since the first major crisis in the 1970s. The report offers a general view of energy consumption trends, and Table 1 shows consumption by economic sector — residential, commercial, transportation, and industry — from 1950 to the present.
FEMA Disaster Housing and Hurricane Katrina: Overview, Analysis, and Congressional Issues
Some have criticized the Federal Emergency Management Agency’s (FEMA’s) emergency housing policies, particularly its approach to health and safety standards (as exemplified by the evidence of formaldehyde in both trailers and mobile homes), as well as its overall strategy to perform its housing mission. To address disaster housing issues, Congress could opt to consider questions such as the following: how have disaster housing needs traditionally been addressed under the Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended)? How did FEMA’s approach during...
Lawsuits Against State Supporters of Terrorism: An Overview
A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as sponsors of terrorism—Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya—to bring suit in U.S. courts for damages. Despite congressional efforts to make blocked (or “frozen”) assets of such States available for attachment by judgment creditors in such cases, plaintiffs encountered difficulties in enforcing the awards. Congress passed, as part of the National Defense Authorization Act for...
China’s Economy and the Beijing Olympics
China will host the 2008 Olympic Summer Games from August 8 to 24, 2008. Most of the events will be held in the vicinity of Beijing, with selected competitions held in Hong Kong, Qingdao, Qinhuangdao, Shanghai, Shenyang, and Tianjin. Since the International Olympic Committee’s decision in July 2001 to select Beijing as the host for the 2008 Olympics, China has spent billions of dollars for facilities and basic infrastructure in preparation for the international event. China anticipates that the 2008 Olympics will provide both short-term and long-term direct and indirect benefits to its...
Speculation and Energy Prices: Legislative Responses
While most observers recognize that the fundamentals of supply and demand have contributed to record energy prices in 2008, many also believe that the price of oil and other commodities includes a “speculative premium.” In other words, speculators who seek to profit by forecasting price trends are blamed for driving prices higher than is justified by fundamentals.
In theory, this should not happen. Speculation is not a new phenomenon in futures markets—the futures exchanges are essentially associations of professional speculators. There are two benefits that arise from speculation and...
Congressional Influence on Rulemaking and Regulation Through Appropriations Restrictions
This report examines the Consolidated Appropriations Act for 2008, and identifies four types of such provisions: (1) restrictions on the finalization of particular proposed rules, (2) restrictions on regulatory activity within certain areas, (3) implementation or enforcement restrictions, and (4) conditional restrictions (e.g., preventing implementation of a rule until certain actions are taken). The report then examines appropriations acts in nine previous fiscal years, noting that some provisions have been included in appropriations bills every year, and others have appeared for several...
Reforming the Regulation of Government-Sponsored Enterprises in the 110th Congress
This report provides background on the government-sponsored enterprises (GSEs), discusses reform issues, and summarizes the provisions of House- and Senate-passed versions of H.R. 3221.
The Animal Drug User Fee Act of 2003 (ADUFA I, P.L. 108-130) gave the Food and Drug Administration (FDA) initial authority to collect user fees from sponsors for the review of animal drug applications. ADUFA mirrors fee programs for human drugs and medical devices. Program authority sunsets October 1, 2008, and FDA would have to lay off staff in its review program if the program were not reauthorized by then. ADUFA supporters—including companies that make brand-name animal drugs, and livestock producer groups—considered ADUFA reauthorization to be “must pass” legislation in the 110th...
Department of Justice (DOJ) Appropriations for FY2008 and FY2009
This report provides coverage of the FY2009 appropriations cycle for the Department of Justice (DOJ), including FY2008 supplemental appropriations.
Job Loss: Causes and Policy Implications
Total nonfarm private employment has fallen since the beginning of 2008. Job loss is one of the most important macroeconomic problems facing policymakers, both in terms of its economic and social cost. But what is often missing from the policy debate is a distinction between net job loss and gross job loss. Gross job loss is the total number of jobs eliminated by all contracting firms in a given period, whereas net job loss is the result of greater gross job loss than gross job gains in a given period. Economists view net job loss as a detrimental phenomenon, and most recommend that fiscal...
Public Health and Medical Preparedness and Response: Issues in the 110th Congress
The 2001 terrorist attacks, Hurricane Katrina, and concerns about an influenza ("flu") pandemic have sharpened congressional interest in the nation's systems to track and respond to public health threats. The 109th Congress passed laws that reauthorized public health and medical preparedness and response programs in the Department of Health and Human Services (HHS), and reorganized parts of the Department of Homeland Security (DHS), including the establishment of an Office of Health Affairs (OHA). This report discusses key issues in public health and medical preparedness and response,...
Federal Employees: Human Resources Management Flexibilities in Emergency Situations
Federal executive branch departments and agencies have available to them various human resources management flexibilities which can be utilized in emergency situations, such as those which resulted from Hurricanes Katrina and Rita and which could occur during a pandemic influenza outbreak. The Office of Personnel Management has issued guidance on these flexibilities, which supplements the basic policies governing staffing, compensation, leave sharing, and telework in Title 5 of the United States Code. Legislation (S. 1000, H.R. 4106, and proposed amendments to S. 3268) to enhance telework...
Soon after the Doha Round of multilateral trade negotiations came to a standstill in July 2006, the European Union (EU) announced its intention to enter into more bilateral and regional free trade agreements (FTAs). While the EU historically has been a leading force for preferential trade agreements, its main priority from 2001-2006 was negotiating an ambitious Doha Round agreement. Given that the EU is a global economic superpower, its resumption of a bilateral and preferential trade strategy has implications for the global trading system, as well as for U.S. trade interests. As...
U.S. Assistance to North Korea
This report summarizes U.S. assistance to the Democratic People's Republic of North Korea (DPRK, also known as North Korea). It will be updated periodically to track changes in U.S. provision of aid to North Korea.
Tibet: Problems, Prospects, and U.S. Policy
On March 10, 2008, a series of demonstrations began in Lhasa and other Tibetan regions of China to mark the 49th anniversary of an unsuccessful Tibetan uprising against Chinese rule in 1959. The demonstrations appeared to begin peacefully with small groups that were then contained by security forces. Both the protests and the response of the PRC authorities escalated in the ensuing days, spreading from the Tibetan Autonomous Region (TAR) into parts of Sichuan, Gansu, and Qinghai Provinces with Tibetan populations. By March 14, 2008, mobs of angry people were burning and looting...
U.S.-Russian Civilian Nuclear Cooperation Agreement: Issues for Congress
The United States and Russia signed a civilian nuclear cooperation agreement on May 6, 2008. President Bush submitted the agreement to Congress on May 13. This report discusses key policy issues related to that agreement, including future nuclear energy cooperation with Russia, U.S.-Russian bilateral relations, nonproliferation cooperation and Russia's policies toward Iran.
Community Acceptance of Carbon Capture and Sequestration Infrastructure: Siting Challenges
Congressional policy makers are becoming aware that a national program of carbon capture and sequestration could require an extensive new network of carbon-related infrastructure. Carbon capture and sequestration (CCS) is a three-part process involving a carbon dioxide (CO2) source facility, CO2 pipelines, and a permanent CO2 sequestration site. A key consideration in the development of such infrastructure is community acceptance, which may ultimately determine whether, where, and how anticipated CCS projects may be built. Although the general public is still largely unfamiliar with CCS,...
U.S. Airline Industry: Issues and Role of Congress
This report provides an overview of selected airline-related issues currently subject to congressional oversight and/or possible legislation. Many of the issues discussed in the report are also addressed in some fashion as part of the ongoing congressional debate about re-authorization of the Federal Aviation Administration (FAA).
Biofuels Incentives: A Summary of Federal Programs
This report outlines federal programs that provide direct or indirect incentives for biofuels. For each program described, the report provides details including administering agency, authorizing statute(s), annual funding, and expiration date.
Financing Issues and Economic Effects of American Wars
The increased government outlays associated with wars can be financed in four ways: through higher taxes, reductions in other government spending, government borrowing from the public, or money creation. The first two methods are unlikely to have an effect on economic growth (aggregate demand) in the short run: the expansion in aggregate demand caused by greater military outlays is offset by the contraction in aggregate demand caused by higher taxes or lower non-military government spending. The latter two methods increase aggregate demand. Thus, a by-product of American wars has typically...
Balkan Cooperation on War Crimes Issues
Balkan cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague has long been an issue of ongoing U.S. and international concern. On July 21, 2008, the Serbian government announced the peaceful arrest in Belgrade of former Bosnian Serb leader Radovan Karadzic, a longtime high-target fugitive who had eluded capture for 13 years. Only two other ICTY indicted individuals are still at large, including Gen. Ratko Mladic, who along with Karadzic is under indictment for genocide and crimes against humanity occurring during the 1992-1995 Bosnian war. Full...
Retroactive Immunity Provided by the FISA Amendments Act of 2008
This report discusses the various retroactive immunity mechanisms that were proposed to be included in the FISA Amendments Act, one of which was ultimately adopted, and their likely effect on lawsuits facing telecommunications providers.
Country-of-Origin Labeling for Foods
The 2002 farm bill required retailers to provide country-of-origin
labeling for fresh produce, red meats, peanuts, and seafood by September 30, 2004. Congress twice postponed implementation for all but seafood; country-of-origin labeling (COOL) now must be
implemented by September 30, 2008. Some lawmakers have proposed new COOL requirements for other foods and food ingredients, as part of a proposed overhaul of the Federal Food, Drug, and Cosmetic Act.
The Future Role of U.S. Trade Policy: An Overview
The United States has become increasingly integrated with the rest of the world economy. This integration has offered benefits and presented challenges to U.S. business, agriculture, labor, and consumers. Those who can compete in the more integrated economy have enjoyed opportunities to broaden their success, while those who are challenged by increased foreign competition have been forced to adjust and some have exited the market or relocated overseas. Some observers contend that, in order to remain globally competitive, the United States must continue to support trade liberalization...
Negotiations to launch a free trade agreement (FTA) between the United States and the five members of the Southern African Customs Union (SACU) (Botswana, Lesotho, Namibia, South Africa, and Swaziland) began on June 3, 2003. In April 2006, negotiators suspended FTA negotiations, launching a new work program on intensifying the trade and investment relationship with an FTA as a long term goal. A potential FTA would eliminate tariffs over time, reduce or eliminate non-tariff barriers, liberalize service trade, protect intellectual property rights, and provide technical assistance to help...
Transitional Medical Assistance (TMA) Under Medicaid
This report provides an overview of transitional medical assistance (TMA). While Section 1925 of the Social Security Act outlines the provisions requiring states to provide TMA for up to 12 months, states have considerable flexibility in designing and implementing their TMA programs.
Varying media estimates of military forces in Iraq have raised concerns about the actual number of troops deployed in Operation Iraqi Freedom (OIF). Last year, a major announcement on a surge in troop deployments to Iraq by President Bush included a planned gradual increase of more than 20,000 U.S. troops on the ground in Baghdad and Anbar province over several months. Since the "new strategy for Iraq" speech by the President in January 2007, troop deployments gradually increased during the months of February through October 2007 but decreased beginning in November 2007. This report...
Possible Expiration (or Extension) of the 2002 Farm Bill
The 2002 farm bill (P.L. 107-171) authorized an array of agricultural, rural, and nutrition programs. Many provisions of the 2002 farm bill were scheduled to expire in 2007. If a new farm bill or year-long extension were not enacted before the 2008 harvest, permanent law would have taken effect. Under permanent law, eligible commodities would be supported at levels much higher than they are now, and many of the currently supported commodities might not be eligible (including soybeans and peanuts). Permanent law for the commodity programs is so radically different from current policy and...
Credit Union, Bank, and Thrift Regulatory Relief Act of 2008
Credit unions, banks and thrifts (savings associations) are subject to numerous safety, soundness, and consumer protection laws and regulations. Since 2001, both the banking/thrift and the credit union industries have worked with Congress to develop legislative proposals that would reduce existing regulatory requirements and what are seen as the burdens compliance enforcement places on depository financial institutions. During the 109th Congress, legislation was enacted (P.L. 109-351; 120 Stat. 1966) that provided some of the changes sought by the industries. The statute reduced regulatory...
Department of Defense Fuel Costs in Iraq
Since the invasion of Iraq in 2003, the average price of fuels purchased for military operations in Iraq has steadily increased. The disparity between the higher price of fuel supplied to the United States Central Command compared to Iraq’s civilian population has been a point of contention. Several factors contribute to the disparity, including the different types of fuel used by the military compared to Iraqi civilians, the Iraqi government’s price subsidies, and the level pricing that the DOD’s Defense Logistics Agency charges for military customers around the world. The Iraqi...
P.L. 110-275: The Medicare Improvements for Patients and Providers Act of 2008
P.L. 110-275, the Medicare Improvements for Patients and Providers Act (MIPPA), is designed to avert a statutory Medicare reduction in payments for physicians and make other changes. MIPPA freezes physician fees at the June 2008 level until January 2009. In January 2009, fees will increase by 1.1%. In 2010, the statutory reduction will again apply, resulting in a 21% reduction in Medicare physician fees, according to the Congressional Budget Office (CBO). CBO estimates that the physician payments provision costs $9.4 billion (over the 2008-2010 period). Other provisions in the Act will...
Apalachicola-Chattahoochee-Flint Drought: Species and Ecosystem Management
Drought in the Southeast has brought congressional attention to an ongoing interstate water conflict among Alabama, Florida, and Georgia over water allocation and management of the Apalachicola-Chattahoochee-Flint (ACF) basin. Reservoir drawdown and predictions for a continued drought have Georgia’s upper basin municipal and industrial customers concerned about depleting their principal (in some cases, their only) water supply, Lake Lanier in northern Georgia. Alabama, Florida, and Georgia’s lower basin interests are concerned about sustaining river flows to meet their municipal,...
NATO’s Prague Capabilities Commitment
With the end of the Cold War, NATO began to reassess its collective defense strategy and to anticipate possible new missions. The conflicts in the Balkans highlighted the need for more mobile forces, for greater technological equality between the United States and its allies, and for interoperability. In 1999, NATO launched the Defense Capabilities Initiative (DCI), an effort to enable the alliance to deploy troops quickly to crisis regions, to supply and protect those forces, and to equip them to engage an adversary effectively. At its 2002 summit, NATO approved a new initiative, the...
Unemployment Compensation: The Cornerstone of Income Support for Unemployed Workers
A variety of benefits may be available to unemployed workers to provide them with income support during a spell of unemployment. When eligible workers lose their jobs, the Unemployment Compensation (UC) program may provide income support through the payment of UC benefits. Many workers who have exhausted their rights to regular UC benefits may have their unemployment insurance benefits extended for up to 13 additional weeks through the temporary Emergency Unemployment Compensation (EUC08) program. In addition, the Extended Benefit (EB) program may extend UC benefits at the state level if...
The Emergency Management Assistance Compact (EMAC): An Overview
The Emergency Management Assistance Compact (EMAC) is an agreement among member states to provide assistance after disasters overwhelm a state's capacity to manage consequences. The compact, initiated by the states and coordinated by the National Emergency Management Association, provides a structure for requesting emergency assistance from party states. In 1996 Congress approved EMAC as an interstate compact ( P.L. 104-321 ). EMAC also resolves some, but not all, potential legal and administrative obstacles that may hinder such assistance at the state level. EMAC also enhances state...
China has experienced a sharp rise in the inflow of so-called “hot money,” foreign capital entering the country supposedly seeking short-term profits, especially in 2008. Chinese estimates of the amount of “hot money” in China vary from $500 billion to $1.75 trillion. The influx of “hot money” is contributing to China’s already existing problems with inflation. Efforts to reduce the inflationary effects of “hot money” may accelerate the inflow, while actions to reduce the inflow of “hot money” may threaten China’s economic growth, as well as have negative consequences for the U.S. and...
Current Law and Selected Proposals Extending Unemployment Compensation
This report examines recent proposals to create a new temporary extension of unemployment compensation. The recent proposals to temporarily extend the duration of Unemployment Compensation (UC) include the proposal in the Senate Committee on Finance Report of the Economic Stimulus Act of 2008 dated January 30, 2008, H.R. 4934, S. 2544, H.R. 5688, H.R. 5749, and H.R. 2642. H.R. 2642 was signed into law on June 30, 2008.
Only sections in the proposals that relate to the extension of unemployment benefits are detailed. Thus, only portions of H.R. 4934 (Title I-Emergency Unemployment...
Electromagnetic Pulse (EMP) is an instantaneous, intense energy field that can overload or disrupt at a distance numerous electrical systems and high technology microcircuits, which are especially sensitive to power surges. A large scale EMP effect can be produced by a single nuclear explosion detonated high in the atmosphere. This method is referred to as High-Altitude EMP (HEMP). A similar, smaller-scale EMP effect can be created using non-nuclear devices with powerful batteries or reactive chemicals. This method is called High Power Microwave (HPM). Several nations, including reported...
Iraq: United Nations and Humanitarian Aid Organizations
Operation Iraqi Freedom (OIF) overthrew Saddam Hussein’s regime in 2003 and a permanent (four-year) Iraqi government is now running the day-to-day operations of the country. However, coalition forces continue to combat insurgents and are attempting to improve the security situation in Iraq. According to the Department of Defense, since early 2007 overall violence is down as much as 80%, as a result of the Administration’s “troop surge” strategy.
Elections were held in Iraq for a transitional National Assembly on January 30, 2005, and a permanent constitution was adopted on October 15,...
China’s Foreign Policy: What Does It Mean for U.S. Global Interests?
Since the late 1990s, China’s robust international engagement has caught many by surprise and prompted growing American debate over the PRC’s motivations and objectives. This international engagement has expanded while the United States has been preoccupied with its military involvement in Iraq and Afghanistan. Congress and other U.S. policymakers are becoming increasingly concerned that China’s expanded international engagement could have its “soft power” projection and affect U.S. economic and strategic interests.
Experience suggests that abrupt, unexplained shifts in policy occur with...
Engineered Nanoscale Materials and Derivative Products: Regulatory Challenges
Scientists and engineers can now examine, design, and manipulate materials at the molecular level, termed “nanoscale,” between 1 and 100 billionths of a meter. The U.S. government has invested heavily to ensure that American industry remains a global leader in the field, because the products of nanotechnology are seen to have great economic potential and offer possible solutions to national problems ranging from energy efficiency to detection of agents of biological warfare. Optimism about nanotechnology is tempered, however, by concerns about the unknown potential of nanoscale materials...
Appropriations for child survival and maternal health programs (CS/MH) have grown by about 22% during the tenure of President George W. Bush. Most of that growth occurred in FY2008, when Congress provided $521.9 million for CS/MH programs, up from $361.1 million in FY2001. Although Congress provided support during this time for other global health initiatives that affect CS/MH, such as some $19.7 billion for international programs that prevent and treat human immunodeficiency virus/ acquired immunodeficiency syndrome (HIV/AIDS), tuberculosis (TB), and malaria, other global health...
The Global Fund to Fight AIDS, Tuberculosis, and Malaria: Progress Report and Issues for Congress
The Global Fund to Fight AIDS, Tuberculosis, and Malaria, headquartered in Geneva, Switzerland, is an independent foundation that seeks to attract and rapidly disburse new resources in developing countries aimed at countering the three diseases. The Fund is a financing vehicle, not an implementing agency. The origins of the Fund as an independent entity to fight the three diseases lie partly in a French proposal made in 1998, in ideas developed in the 106th Congress, and in recommendations made by United Nations Secretary-General Kofi Annan in April 2001. Though the Global Fund was...
House Committee Markup: Vehicle for Consideration and Amendment
The markup begins with the chair calling up a particular measure for consideration by the committee. The next action depends on the nature of the “markup vehicle” (i.e., the text that the chair intends for the committee to amend and report), which may be different from the measure laid before the panel for consideration. The vehicle can come before the committee in several different forms, each of which has its own procedural and political consequences.
The chair may lay before the committee either a bill that has been previously introduced and referred, or the text of a draft measure that...
House Committee Markup: Reporting
At the end of the amendment process, the chair normally entertains a motion to report a measure favorably to the House. By House rule, a majority of a committee must be physically present. Once agreed to, a bill is “ordered reported;” it is actually “reported” when the committee report is filed in the House. When the committee orders a bill reported, it is incumbent upon the chair, pursuant to House rule, to report it “promptly” and take all other steps necessary to secure its consideration by the full House.
Reporting reflects the committee’s actions in markup. However, the forms in which...
Community Reinvestment Act: Regulation and Legislation
This report begins with a brief outline of the Community Reinvestment Act of 1977 (CRA) statute and the regulations. It also assesses the costs and the benefits of the 1977 act. The report then turns to regulatory agencies’ recent CRA compliance rules. The two last sections of the report briefly summarize the provisions of the Community Reinvestment Modernization Act of 2007 and conclude with some implications.
Trends in U.S. Global AIDS Spending: FY2000-FY2008
It is estimated that HIV/AIDS, TB, and malaria together kill more than 6 million people each year. According to the Joint United Nations Program on HIV/AIDS (UNAIDS), at the end of 2007, an estimated 33.2 million people were living with HIV/AIDS, of whom 2.5 million were newly infected, and 2.1 million died in the course of that year. More than 2 million of those living with HIV/AIDS at the end of 2007 were children, and some 290,000 of those who died of AIDS that year were under 15 years old. On each day of 2007, some 1,000 children worldwide became newly infected with HIV, due in large...
Temporary Assistance for Needy Families (TANF): Issues for the 110th Congress
Enactment of the Deficit Reduction Act of 2005 (DRA, P.L. 109-171) ended more than four years of congressional debate on “reauthorizing” the block grant of Temporary Assistance for Needy Families (TANF). The DRA extended funding for most TANF grants through FY2010, except TANF supplemental grants that expire at the end of this year (FY2008). Supplemental grants go to 17 states that have high population growth or low historic funding in TANF’s predecessor programs per poor person. H.R. 6331, a Medicare bill enacted over President Bush’s veto on July 15, 2008, extends supplemental grants for...
On June 30, 2008, President Bush signed into law a bill, H.R. 2642 (P.L. 110-252), that makes supplemental appropriations for FY2008 and FY2009, extends unemployment payments, and expands veterans’ educational benefits. The House approved the measure on June 19 and the Senate on June 26. As enacted, the bill reflects compromises with the White House on several key issues. It extends unemployment benefits for 13 weeks but not 26, allows veterans’ educational benefits to be transferred to dependents, does not include an offsetting tax increase, limits other domestic spending, and delays...
As interest in troop level deployments continues, there remains an increase of U.S. forces in Afghanistan. This report provides official Department of Defense (DOD) statistical information on U.S. forces now serving in Afghanistan with comparisons to earlier force levels. It also provides brief official information on the military units extended or schedule for the next rotation of duty into Afghanistan.
A Free Trade Area of the Americas: Major Policy Issues and Status of Negotiations
In 1994, 34 Western Hemisphere nations met at the first Summit of the Americas, envisioning a plan to complete a Free Trade Area of the Americas (FTAA) by January 1, 2005. Faced with deadlocked negotiations, the United States and Brazil, the FTAA co-chairs, brokered a compromise at the November 2003 Miami trade ministerial. It moved the FTAA away from the comprehensive, single undertaking principle, toward a two-tier framework comprising a set of “common rights and obligations” for all countries, combined with voluntary plurilateral arrangements with country benefits related to...
Primer on Energy Derivatives and Their Regulation
This report presents basic information about over-the-counter(OTC) markets, the instruments traded, the regulatory framework, speculation, and current legislative proposals.
It has been proposed that there be a domain on the Internet exclusively for websites that contain sexually explicit material; it might be labeled “.xxx” to complement the current “.com,” “.org,” and others. Some propose making use of a “.xxx” domain voluntary, and a June 26, 2008, decision by the Internet Corporation for Assigned Names and Numbers (ICANN) to allow a virtually unlimited number of top-level domain names may make the voluntary use of “.xxx” possible in 2009. Others propose that Congress make use of “.xxx” mandatory for websites that contain sexually explicit material. This...
The Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671-2680, makes the United States liable, in accordance with the law of the state where a tort occurs, for some of the torts of its employees committed within the scope of their employment. It also makes federal employees immune from all lawsuits arising under state law for torts committed within the scope of their employment. (The FTCA does not prevent a federal employee from being sued for violating the Constitution or a federal statute that authorizes suit against an individual.) Sometimes, Congress wishes to immunize a private...
Advanced Nuclear Power and Fuel Cycle Technologies: Outlook and Policy Options
Current U.S. nuclear energy policy focuses on the near-term construction of improved versions of existing nuclear power plants. All of today’s U.S. nuclear plants are light water reactors (LWRs), which are cooled by ordinary water. Under current policy, the highly radioactive spent nuclear fuel from LWRs is to be permanently disposed of in a deep underground repository.
The Bush Administration is also promoting an aggressive U.S. effort to move beyond LWR technology into advanced reactors and fuel cycles. Specifically, the Global Nuclear Energy Partnership (GNEP), under the Department of...
International Food Aid Provisions of the 2008 Farm Bill
Provision of U.S. agricultural commodities for emergency relief and economic development is the United States’ major response to food security problems in developing countries. Title III in the omnibus farm bill enacted in June 2008, the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, H.R. 6124), reauthorizes and makes a number of changes in U.S. international food aid programs. Farm bill debate over U.S. food aid programs focused generally on how to make delivery of food aid more efficient and more effective. While most of the debate focused on P.L. 480 Title II, the largest...
Abortion Services and Military Medical Facilities
In 1993, President Clinton modified the military policy on providing abortions at military medical facilities. Under the change directed by the President, military medical facilities were allowed to perform abortions if paid for entirely with non-Department of Defense (DOD) funds (i.e., privately funded). Over the last three decades, the availability of abortion services at military medical facilities has been subjected to numerous changes and interpretations.
Weak Dollar, Strong Dollar Causes and Consequences
This report provides background information on the forces that most likely determine the path of the dollar exchange rate. The report also considers recent events in international markets for goods and assets as well as suggest what implications these forces carry for the state of the U.S. economy and for economic policy.
Iran: Profile of President Mahmoud Ahmadinejad
Iranian President Mahmoud Ahmedinejad was elected June 24, 2005, to a four-year term, becoming the first non-cleric president in 24 years. He defeated former president Akbar Hashemi Rafsanjani in a run-off. Prior to his 2005 election to the presidency, Ahmadinejad did not hold an elected office and was a virtual unknown in the international arena. This report covers his background; his victory over the well-known former president Rafsanjani; his remarks about the West, including Israel; and recent visits to Iraq and Latin America.
Public-Private Partnerships in Highway and Transit Infrastructure Provision
This report begins with a brief discussion of the surface transportation system and its financing needs as background to the debate on public-private partnerships (PPPs). That is followed by sections describing the different types of PPPs, with details of a few prominent examples, and the development of federal legislation with respect to PPPs. The report then discusses the main issues of contention with the construction and longterm leasing of highways by the private sector, particularly as they relate to the funding, planning, and operation of the surface transportation system, before...
Regulation of Energy Derivatives
This report analyzes the development of energy derivatives regulation.
The Foreign Intelligence Surveillance Act (FISA): A Sketch of Selected Issues
The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence...
The Global Nuclear Detection Architecture: Issues for Congress
This report discusses the global nuclear detection architecture: a multi-layered system of detection technologies, programs, and guidelines designed to enhance the nation's ability to detect and prevent a radiological or nuclear attack.
The Foreign Intelligence Surveillance Act (FISA): An Overview of Selected Issues
The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence...
Mérida Initiative: U.S. Anticrime and Counterdrug Assistance for Mexico and Central America
In October 2007, the United States and Mexico announced the Mérida Initiative, a multi-year proposal for $1.4 billion in U.S. assistance to Mexico and Central America aimed at combating drug trafficking, gangs, and organized crime. On May 14, 2008, the House Committee on Foreign Affairs approved a bill, H.R. 6028 (Berman), which would authorize $1.6 billion for the Initiative from FY2008 through FY2010. The Bush Administration requested $500 million for Mexico and $50 million for Central American countries in its FY2008 supplemental appropriations request. In late June 2008, Congress...
This report discusses the Commodity Exchange Act that exempts certain energy derivatives contracts from regulation by the Commodity Futures Trading Commission (CFTC).
The 2008 Farm Bill: Analysis of Tax-Related Conservation Reserve Program Proposals
This report discusses the 2008 Farm Bill, which contains two tax-related proposals for the Conservation Reserve Program.
Record Voting in the House of Representatives: Issues and Options
Record voting in the House of Representatives appears to be a straightforward process but is an activity steeped in parliamentary complexity. While this report analyzes the evolution of voting beginning with the Legislative Reorganization Act of 1970 (LRA), some House rules related to voting have existed since the First Congress. The House has had nearly 220 years of experience with voting that manifests itself in precedents relevant today.
The LRA contained two major departures related to record voting. First, it authorized development of an electronic voting system. Second, it allowed...
Pages of the United States Congress: History, Background Information, and Proposals for Change
This report provides a brief history of the congressional page programs, including their duties, and background information about House and Senate pages. It also has an overview of changes and reforms from 1981-2001, and proposed changes, reforms, and various issues.
Tax Treatment of Employer Educational Assistance for the Benefit of Employees
Educational assistance offered by employers to their employees may be exempt from federal income tax under Section 127 and Section 132 of the Internal Revenue Code. Section 127 is the employer educational assistance exclusion; Section 132, the fringe benefit exclusion for working condition benefits (e.g., job-related eduction) among other benefits. Congress established the two tax provisions well before it enacted to her higher education tax benefits meant to assist taxpayers, their spouses, and dependents -- regardless of employment status -- pay current educational expenses incurred...
A Brief History of Veterans' Education Benefits and Their Value
This report reviews the evolution of veterans' education benefit programs and describes the types of education benefits that have been made available under these programs. The first section provides an historical overview of education benefits for military veterans, beginning with the Servicemen's Readjustment Act of 1944 (GI Bill of Rights). The second section is an analysis of the estimated value of veterans' education benefits relative to average college prices. This section focuses on the estimated value of veterans' education benefits and college prices at four-year public and private...
Free Trade Agreements and the WTO Exceptions
World Trade Organization (WTO) members must grant immediate and unconditional most-favored-nation (MFN) treatment to the products of other members with respect to tariffs and other trade matters. Free trade agreements (FTAs) are facially inconsistent with this obligation because they grant countries who are party to the agreement more favorable trade benefits than those extended to other trading partners. Due to the prevailing view that such arrangements are trade-enhancing, Article XXIV of the General Agreement on Tariffs and Trade (GATT) contains a specific exception for FTAs. The...
Medicaid and the State Children’s Health Insurance Program (SCHIP): FY2009 Budget Issues
Each year, the President is required to submit a comprehensive federal budget proposal to Congress no later than the first Monday in February. The House and Senate Budget Committees then develop their respective budget resolutions. House and Senate Appropriations committees then reconcile their budget resolutions and file a joint budget agreement. Although not binding, the resolution provides a framework for consideration of the 12 separate appropriations bills that would fund FY2009 government operations.
The President’s FY2009 budget contained a number of proposals that would affect...
Medicaid Targeted Case Management (TCM) Benefits
Case management services assist Medicaid beneficiaries in obtaining needed medical and related services. Targeted Case Management (TCM) refers to case management for specific Medicaid beneficiary groups or for individuals who reside in state-designated geographic areas. Over the past seven years of available data (1999-2005), total expenditures on Medicaid TCM increased from $1.4 billion to $2.9 billion, an increase of 107%. In comparison, over the same period, total Medicaid spending increased by 87%, from $147.4 billion to $275.6 billion.
TCM has been an active concern for both the...
Food Safety Provisions of the 2008 Farm Bill
Food safety re-emerged as an issue in the 110th Congress following a series of widely publicized incidents—including adulterated Chinese seafood and pet food ingredient imports, findings of bacteria-tainted spinach, meat, and poultry produced domestically, and several large food recalls. In 2008, Congress approved a new omnibus farm law that includes, among other provisions, several changes affecting U.S. food safety programs. Changes in the livestock title (Title XI) include subjecting catfish to U.S. Department of Agriculture (USDA) mandatory inspections similar to those for red meat and...
Medicaid Rehabilitation Services
Medicaid rehabilitation includes a full range of treatments that licensed health practitioners may recommend to reduce physical or mental disability or restore eligible beneficiaries to their best possible functional levels. Over the last seven years of available data (1999-2005), reported Medicaid expenditures for rehabilitation increased from $3.6 billion to $6.4 billion, an increase of 77%. In comparison, over the same period, total Medicaid spending increased from approximately $147.4 billion (FY1999) to $275.6 billion (FY2005), an 87% increase.
Both the executive and legislative...
Cyclone Nargis and Burma’s Constitutional Referendum
Cyclone Nargis struck the coast of Burma in the evening of May 2, 2008 and cut a path of destruction across the southern portion of the country. The storm left in its wake an official death toll of 84,537 and 53,836 more missing, and extensive damage to the nation’s premier agricultural areas. Some have speculated that the final number of dead is actually more than 130,000. Vital infrastructure was destroyed by the storm, severely limiting the ability to assess the loss of life and provide assistance to the survivors for weeks following the cyclone. In addition, much of Burma’s most...
Greenhouse Gas Reduction: Cap-and-Trade Bills in the 110th Congress
Multiple proposals to advance programs that reduce greenhouse gases have been introduced in the 110th Congress. S. 2191 was reported May 20, 2008, from the Senate Committee on Environment and Public Works. An amended version of S. 2191 S. 3036, was considered by the Senate in June 2008, but a vote to invoke cloture failed. In general, these proposals would create market-based greenhouse gas reduction programs along the lines of the trading provisions of the current acid rain reduction program established by the 1990 Clean Air Act Amendments. This report presents a side-by-side comparison...
The Prescription Drug User Fee Act: History Through the 2007 PDUFA IV Reauthorization
This report, last updated in June 2008, provides a history of the Prescription Drug User Fee Act through its third reauthorization—as PDUFA IV—in September 2007. As the 112th Congress turns to the law’s next reauthorization—PDUFA V, CRS has prepared another report that describes current law and the PDUFA V proposal (legislative language and the performance goals Agreement between FDA and industry representatives). It also explores the impact of PDUFA on FDA application review time and the agency’s Human Drugs Program budget, and issues that Congress is likely to discuss as it prepares for...
Capital Punishment: Constitutionality for Non-Homicide Crimes Such as Child Rape
In Kennedy v. Louisiana, the United States Supreme Court, by a vote of 5 to 4, held that the 8th Amendment prohibits the death penalty for the rape of a child where the crime did not result and was not intended to result in the victim’s death. The Court established a bright-line rule regarding the constitutionality of imposing capital punishment for a non-homicide crime against an individual. After reviewing the history of the death penalty for other non-homicide crimes against individuals, state legislative enactments, and jury practices since 1964, the Court concluded that there was a...
Phantom Traffic" -- Problems Billing for the Termination of Telephone Calls: Issues for Congress
This report provides an overview of "phantom traffic" -- i.e., telephone calls for which a carrier is unable to obtain appropriate compensation. The report discusses the causes of phantom traffic, phantom traffic and rural companies, issues, and related proposals.
U.S. Clothing Imports from Vietnam: Trade Policies and Performance
U.S. clothing imports from Vietnam grew from virtually nothing in 2000 to $4.3 billion in 2007. Vietnam was the third largest source of clothing imports for the United States in 2006, behind (in order) China and Mexico.
Much of that growth was the result of the gradual liberalization of U.S. trade policy towards Vietnam. Although the United States terminated its trade embargo on Vietnam in 1994, trade initially remained low because Vietnam did not have “normal trade relations” (NTR) status. The signing of a bilateral trade agreement in July 2000 allowed President Clinton to grant Vietnam...
Debt-Limit Legislation in the Congressional Budget Process
The amount of money the federal government is allowed to borrow generally is subject to a statutory limit (31 U.S.C. 3101). From time to time, Congress considers and adopts legislation to change this limit. This report provides a brief overview of debt-limit legislation within the congressional budget process. For more information on the budget process, see the CRS Guides to Congressional Processes at {http://www.crs.gov/products/guides/guidehome.shtml].
Low Income Home Energy Assistance Program (LIHEAP): Estimated Allocations
The Low Income Home Energy Assistance Program (LIHEAP) is a block grant program under which the federal government gives annual grants to states, the District of Columbia, U.S. territories and commonwealths, and Indian tribal organizations to operate multi-component home energy assistance programs for needy households. This report contains two tables that show estimated LIHEAP allocations to the states. Table 1 shows state allocations at various levels: (1) the amount appropriated for FY2006, (2) the amount appropriated for FY2007, (3) the amount appropriated in FY2008, and (4) estimated...
Agricultural Export Provisions of the 2008 Farm Bill
Agricultural exports, which are forecast by the U.S. Department of Agriculture to reach $108.5 billion in 2009, are an important source of employment, income, and purchasing power in the U.S. economy. Programs that deal with U.S. agricultural exports are a major focus of Title III, the trade title, in the new omnibus farm bill, the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, H.R. 6124). The enacted farm bill repeals the major U.S. export subsidy program, and reauthorizes and changes a number of programs that assist with financing U.S. agricultural exports or that help develop...
North Korea: Economic Sanctions Prior to Removal from Terrorism Designation
This paper explains the U.S. economic sanctions in place up to the point when North Korea was delisted as a state sponsor of acts of international terrorism.
Until June 2008, U.S. economic sanctions were imposed against North Korea for five primary reasons: (1) North Korea is seen as posing a threat to U.S. national security; (2) North Korea is designated by the Secretary of State as a state sponsor or supporter of international terrorism; (3) North Korea is a Marxist-Leninist state, with a Communist government; (4) North Korea has been found by the State Department to have engaged in...
Veterans Benefits: An Overview
The Department of Veterans Affairs (VA) offers a wide range of benefits and services to eligible veterans, members of their families, and survivors of deceased veterans. VA programs include disability compensation and pensions, readjustment benefits, and health care programs. The VA also provides life insurance, burial benefits,
housing and other loan guaranty programs, and special counseling and outreach programs. While eligibility for specific benefits varies, veterans generally must meet requirements related to discharge type and length of active duty military service. This report...
Assistance to Firefighters Program
The Assistance to Firefighters Grant (AFG) Program, also known as the FIRE Act grant program, was established by Title XVII of the FY2001 National Defense Authorization Act (P.L. 106-398). The program provides federal grants directly to local fire departments and unaffiliated Emergency Medical Services (EMS) organizations to help address a variety of equipment, training, and other firefighter-related and EMS needs. A related program is the Staffing for Adequate Fire and Emergency Response Firefighters (SAFER) program, which provides grants for hiring, recruiting, and retaining...
Many bills proposed in Congress address subjects on which law already exists, and their enactment would result in changes in the body of existing law. This report describes how new legislation may commonly express its intention either explicitly to amend existing law or implicitly to supersede its provisions. It does not present guidance for drafting legislation; for that purpose, recourse to the Office of Legislative Counsel is appropriate. Nor does it offer guidance for interpreting statutory language, which may be obtained by consulting the American Law Division of CRS. For more...
Side-by-Side Comparison of Flood Insurance Reform Legislation in the 110th Congress
This report provides background information regarding the National Flood Insurance Program (NFIP), and discusses the key points for flood insurance reform and the changes that should be made in the broader context of program re-authorization.
Asian Pacific Americans in the United States Congress
Asian Pacific Americans have served in both houses of Congress representing California, Hawaii, Louisiana, Oregon, Virginia, American Samoa, and Guam. They have served in leadership positions, including committee and subcommittee chairmanships. This report presents information on Senators, Representatives, and Delegates, including party affiliations, length and dates of service, and committee assignments.
Possible Federal Revenue from Oil Development of ANWR and Nearby Areas
Recent high petroleum prices, and the related economic burden on consumers and energy-intensive industries, has raised the issue of stimulating domestic supplies of crude oil. One possible source is the coastal plain of the Arctic National Wildlife Refuge (ANWR), which is estimated to contain significant quantities of oil and gas. Interest in developing the ANWR oil resources has also focused on the revenues that the federal government could collect should exploration and development be successful. Some observers have suggested using such revenues for purposes such as providing relief to...
The Tax Reduction and Reform Act of 2007: An Overview
On October 25, 2007, Chairman Charles B. Rangel of the House Ways and Means Committee announced his tax revision proposal, H.R. 3970, the Tax Reduction and Tax Reform Act of 2007. One of the objectives of the plan was to address the problem with the individual alternative minimum tax (AMT), a provision that was originally aimed at high-income taxpayers’ preferences but, because it was not indexed, is increasingly reaching upper middle class taxpayers. The most significant provisions, measured by revenue effect, were a revision in 2007 and subsequent repeal of the AMT (costing $845 billion...
Flood Risk Management and Levees: A Federal Primer
Midwestern flooding and Hurricane Katrina have raised concerns about reducing human and economic losses from flooding. In the United States, local governments are responsible for land use and zoning decisions that shape floodplain and coastal development; however, state and federal governments also influence community and individual decisions on managing flood risk. The federal government constructs some of the nation’s flood control infrastructure, supports hazard mitigation, offers flood insurance, and provides emergency response and disaster aid for significant floods. In addition to...
Kosovo and U.S. Policy: Background to Independence
Close to nine years after NATO intervened militarily in the southern Serbian province of Kosovo, Kosovo declared itself an independent and sovereign state on February 17, 2008. A new Kosovo constitution came into force on June 15. These developments marked a new stage in, but not the end of, international concern and engagement in the western Balkan region. Serbia strenuously objects to and does not recognize Kosovo’s independence.
Kosovo represented the last major unfinished business from the wars of Yugoslav succession in the 1990s. In 1998 and 1999, the United States and its NATO allies...
The 2008 Farm Bill: A Summary of Major Provisions and Legislative Action
The report discusses the 2008 farm bill (H.R. 2419), covering a wide range of programs including The Food, Conservation, and Energy Act of 2008, farm credit, agricultural conservation, research, rural development, and foreign and domestic food programs, among others.
Mental Health Parity: Federal and State Action and Economic Impact
In the 110th Congress, the Senate and House have passed different versions of expanded mental health parity legislation (S. 558 and H.R. 1424). These bills have always been strongly supported by advocates for the mentally ill and have had broad, bipartisan support in Congress. Although employers and health insurance groups opposed the legislation in the past because of concern that it would drive up costs, the provisions in S. 558 now have their support. Expanded parity legislation was introduced in the 107th, 108th, and 109th Congresses, but each time it failed to pass.
Private health...
In response to the downturn in the U.S. mortgage market, the Bush Administration helped broker an alliance of mortgage lenders, servicers, counselors, and investors called the HOPE NOW Alliance, whose stated goals are to “maximize outreach efforts to homeowners in distress to help them stay in their homes” and to “create a unified, coordinated plan to reach and help as many homeowners as possible.” One aspect of the alliance is the Statement of Principles, Recommendations and Guidelines for a Streamlined Foreclosure and Loss Avoidance Framework for Securitized Subprime Adjustable Rate...
The Spending Pipeline: Stages of Federal Spending
Federal government spending involves a multi-step process in which budget authority is enacted and obligated, and outlays are generated. Budget authority is enacted in law; it provides federal agencies the legal basis to incur obligations. Obligations, which reflect such activities as employing personnel, entering into contracts, and submitting purchase orders, establish financial liabilities of the federal government. Outlays are payments that liquidate these obligations. This multi-step process can be illustrated as a spending pipeline (see Figure 1). For more information on the budget...
The Role of the Office of Management and Budget in Budget Development
The Office of Management and Budget (OMB) assists the President in carrying out his budgetary duties. Originally created by the 1921 Budget and Accounting Act as the Bureau of the Budget, it was reconstituted as OMB in 1970. Its primary function is to oversee the development and implementation of the federal budget. For more information on the budget process, see the CRS Guides to Congressional Processes at http://www.crs.gov/products/guides/guidehome.shtml.
Child Welfare Issues in the 110th Congress
As the U.S. Constitution has been interpreted, states have the primary obligation to ensure child welfare. However, Congress provides significant federal funds to help states exercise this responsibility ($7.9 billion appropriated in FY2008). Most of this support is provided for children who are in foster care and who meet specific federal eligibility criteria. This report discusses the federal framework for child welfare policy; reviews the scope of activities, and children and families served, by state child welfare agencies; summarizes several child welfare-related hearings that were...
Election Reform: The Help America Vote Act and Issues for Congress
In November 2000, the nation faced the unusual circumstance of not knowing the winner of the election for President for several weeks. The public scrutiny resulting from that experience exposed a wide range of weaknesses with the American system of elections. Many of the weaknesses had been known for years by election administrators, but they had been unsuccessful at drawing sufficient attention to them to effect the needed changes. In October 2002, Congress enacted the Help America Vote Act (HAVA, P.L. 107-252), which addressed many of those weaknesses. It created a new federal agency,...
The Role of Departments and Agencies in Budget Development
Federal departments and agencies play an integral role in the development of the President’s budget. The President is required to prepare and submit a comprehensive federal budget to Congress each year. Due to the size and complexity of the federal budget, however, the President relies on departments and agencies to bear the primary responsibility for formulating their budget requests. For more information on the budget process, see the CRS Guides to Congressional Processes at http://www.crs.gov/products/guides/guidehome.shtml.
Global Climate Change: Status of Negotiations
This report discusses a broad array of issues surrounding the global climate change, such as the United Nations Framework Convention on Climate Change (UNFCCC), Kyoto Protocol, and “conference of the parties” (COP-13) in 2007.
The fiscal year is the accounting period of the federal government. It begins on October 1 and ends on September 30 of the next calendar year. Each fiscal year is identified by the calendar year in which it ends and commonly is referred to as “FY.” For example, FY2008 began October 1, 2007, and ends September 30, 2008. For more information on the budget process, see the CRS Guides to Congressional Processes at http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
In early 2007, congressional action on business taxes began with a focus on small business, to counter the purported adverse impact of an increase in the federal minimum wage on small business. In May, Congress enacted the Small Business Tax Relief Act of 2007 as part of a larger appropriations bill (P.L. 110-28). Among the act’s tax measures were an extension of the “expensing” tax benefit for small business investment and an extension of the work opportunity tax credit incentive for hiring members of targeted groups.
As 2007 progressed, Congress considered a number of narrow,...
The Role of the President in Budget Development
The President is required to annually prepare and submit a comprehensive federal budget to Congress for the fiscal year that begins on October 1 (31 U.S.C. 1105). The President sets out his national priorities and proposes policy initiatives in the federal budget submitted to Congress soon after Congress convenes in January. The President’s budget submission provides him the opportunity to influence the agenda for the upcoming budget and policy debate in Congress. For more information on the budget process, see the CRS Guides to Congressional Processes at...
Government Spending on Health Care Benefits and Programs: A Data Brief
In a country where health spending accounts for more than 16% of gross domestic product (GDP), health care costs and spending are often described as a problem for consumers and their families; for employers that provide (or seek to provide) health benefits; and for government, which finances a mix of health care services, health research and training, and health safety programs. To describe government spending on health care benefits and programs, this report presents data from the Office of Management and Budget (OMB), the Congressional Budget Office (CBO), and the Centers for Medicare...
Bosnia: Overview of Current Issues
Over 12 years since the Dayton accords ended the 1992-1995 Bosnian war, Bosnia’s future is still somewhat in question. Despite the country’s numerous postwar achievements, political and ethnic divisions remain strong, with many of Bosnia’s political leaders maintaining sharply polarized views on institutional and constitutional reforms, especially those concerning the Dayton-mandated entities (the Bosniak-Croat Federation and the Republika Srpska) and the central Bosnian government. In general, the Bosniak (or Muslim) parties have emphasized a stronger central government, while the Bosnian...
The Federal Royalty and Tax Treatment of the Hardrock Mineral Industry: An Economic Analysis
Under current law, the hardrock mineral industry pays no royalty to the federal government for the privilege of extracting resources from federal lands. This differs from the federal policy toward the coal and oil/gas industries, the policy of State governments, and the leasing arrangements in the private sector, which often require bonus bids and an ad-valorem royalty on the value of the resulting output. Hardrock mining on acquired federal lands pays a 5% royalty.
The current federal policy toward hardrock minerals is inconsistent with the fundamental market principle that a royalty is a...
Federal Health Centers Program
This report provides an overview of the federal health center program including its statutory authority, program requirements, and appropriation levels. The report then describes health centers in general, where they are located, their patient population, and some outcomes associated with health center use. It also describes some federal programs available to assist health center operations as well as issues for Congress.
Agency Justification of the President’s Budget
While the President is required to submit annually a comprehensive federal budget to Congress, each federal agency bears the primary responsibility for justifying its budget request to gain approval from Congress. Several key activities are involved. These include the preparation of supporting materials for the President’s budget transmittal, formal testimony, and the submission of more detailed written justifications to the appropriations subcommittee of jurisdiction. This fact sheet focuses on the justification of requests for spending provided through the annual appropriations process...
This report provides an overview of Lebanese politics, recent events in Lebanon, and current issues in U.S.-Lebanon relations.
The Voting Rights Act of 1965, As Amended: Its History and Current Issues
Several bills have been introduced in the 110th Congress concerning the Voting Rights Act of 1965 (VRA) that would rename the short title of the act, and address its bilingual provisions and issues of deceptive practices and voter intimidation during elections. This report discusses this issue at length and also addresses allegations of voting irregularities and of violations of the VRA during the presidential election of 2000.
During the 110th Congress, several House and Senate committees have engaged in oversight activities, including hearings and requests for expeditious production of documents and information regarding the Administration’s warrantless foreign intelligence surveillance programs, as possible changes to the Foreign Intelligence Surveillance Act of 1978, as amended, (FISA) were explored. In July 2007, an unclassified summary of the National Intelligence Estimate on “The Terrorist Threat to the U.S. Homeland” was released. It expressed the judgment, in part, that the U/S. Homeland will face a...
Saudi Arabia: Terrorist Financing Issues
According to the U.S. State Department 2007 International Narcotics Control Strategy Report, “Saudi donors and unregulated charities have been a major source of financing to extremist and terrorist groups over the past 25 years.” The September 11, 2001 attacks fueled criticisms within the United States of alleged Saudi involvement in terrorism or of Saudi laxity in acting against terrorist groups. The final report released by the bipartisan National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) indicates that the Commission “found no evidence that the Saudi...
Azerbaijan: Recent Developments and U.S. Interests
This report discusses political, economic, and security challenges facing Azerbaijan, including the unsettled conflict in the breakaway Nagorno Karabakh region. A table provides basic facts and biographical information. Related products include CRS Report RL33453, Armenia, Azerbaijan, and Georgia, Political Developments and Implications for U.S. Interests, by Jim Nichol.
The Davis-Bacon Act: Issues and Legislation During the 110th Congress
In 1931, following several years of intermittent hearings and, ultimately, encouragement from the Hoover Administration, Congress adopted the Davis-Bacon Act (now, 40 U.S.C. 3141-3148). The act, as amended, requires that workers employed on public buildings and public works of the federal government and of the District of Columbia must be paid at least the locally prevailing wage as determined by the Secretary of Labor. Initially, the act applied to construction in excess of $5,000; but, in 1935, the act was amended to render its terms applicable to projects of $2,000 and above.
With the...
During the 109th Congress, the President submitted to the Senate 283 nominations to executive department full-time positions. Of these 283 nominations, 233 were confirmed; nine were withdrawn; and 41 were returned to him in accordance with Senate rules. For those nominations that were confirmed, an average of 75 days elapsed between nomination and confirmation. The median number of days elapsed was 57. These statistics do not include the days during which the Senate was adjourned for its summer recesses and between sessions of Congress.
President George W. Bush made a total of 13 recess...
Authorization for the Commodity Futures Trading Commission (CFTC), a “sunset” agency established in 1974, expired on September 30, 2005. In the past, Congress has used the reauthorization process to consider amendments to the Commodity Exchange Act (CEA), which provides the basis for federal regulation of commodity futures trading. The last reauthorization resulted in the enactment of the Commodity Futures Modernization Act of 2000 (CFMA), the most significant amendments to the CEA since the CFTC was created in 1974. Both chambers considered reauthorization bills in the 109th Congress, but...
Illegal Logging: Background and Issues
Illegal logging is a pervasive problem throughout the world, affecting countries that produce, export, and import wood and wood products. Illegal logging is generally defined as the harvest, transport, purchase, or sale of timber in violation of national laws. In some timber-producing countries in the developing world, illegal logging represents over half of timber production and exports. The World Bank estimates that illegal logging costs governments approximately $15 billion annually in lost royalties. Illegal logging may stimulate corruption, collusion, and other crimes within...
Data Security: Federal Legislative Approaches
During the First Session of the 110th Congress, three data security bills were reported favorably out of Senate committees—S. 239 (Feinstein), a bill to require federal agencies, and persons engaged in interstate commerce, in possession of data containing sensitive personally identifiable information, to disclose any breach of such information; S. 495 (Leahy), a bill to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent...
Strategic Airlift Modernization: Analysis of C-5 Modernization and C-17 Acquisition Issues
This report discusses an issue currently before Congress regarding the appropriate size of strategic airlift fleet. There is a consensus among policy makers that the Department of Defense (DOD) must maintain a robust and effective strategic airlift fleet.
Tax Deductions for Catastrophic Risk Insurance Reserves: Explanation and Economic Analysis
According to the Insurance Services Office, Inc., (ISO), the property/casualty (p/c) insurance industry paid $62.2 billion in catastrophe losses from 24 disasters and more than 4.4 million claims in 2005, making 2005 the most costly year for catastrophe losses. This report begins by providing some background on the market for catastrophe insurance. It continues by describing the proposal for tax-deductible reserve accounts as set forth in H.R. 164/S. 926 of the 110th Congress, and concludes by providing an economic analysis of the plan.
Climate Change: Comparison and Analysis of S. 1766 and S. 2191 (S. 3036)
Several proposals designed to address greenhouse gases have been introduced in the 110th Congress. Two proposals, S. 1766, introduced by Senators Bingaman and Specter, and S. 2191, introduced by Senators Lieberman and Warner and reported by the Senate Committee on Environment and Public Works on May 20, 2008, are receiving increased scrutiny in preparation for Senate debate on S. 2191. On May 20, 2008, Senator Boxer introduced S. 3036, which is identical to the reported version of S. 2191 except that it contains a proposed budget amendment to make the bill deficit neutral. On June 2, 2008,...
Mad Cow Disease and U.S. Beef Trade
The 110th Congress has been monitoring U.S. efforts to regain foreign markets that banned U.S. beef when a Canadian-born cow in Washington state tested positive for bovine spongiform encephalopathy (BSE) in December 2003. The four major U.S. beef export markets, Canada, Mexico, Japan, and Korea, are again open to U.S. products. However, resumption of beef trade with Japan and Korea has not gone smoothly. For example, Korea briefly readmitted but then suspended U.S. beef imports. Now, Korea’s delays in implementing an April 2008 agreement to end its ban are a key issue in congressional...
Petroleum Refining: Economic Performance and Challenges for the Future
This report discusses the petroleum refining industry and its relation to the economy. Along with volatile changes in crude oil prices, the industry has faced evolving health, safety, and environmental requirements which have changed and multiplied product specifications and required capital investment in refineries. This report also seeks to describe the recent performance of the refining industry, to evaluate the structural changes that are occurring in the industry, and to analyze the nature and effects of the challenges confronting the industry.
Agriculture and Forestry Provisions in Climate Change Legislation (S. 3036)
This report summarizes some of the domestic agriculture and forestry provisions in the Lieberman-Warner Climate Security Act of 2008 (S. 3036, formerly S. 2191), as ordered reported out of the Senate Committee on Environment and Public Works in December 2007.
Homeland Security: Roles and Missions for United States Northern Command
In 2002, President Bush signed a new Unified Command Plan (UCP) establishing United States Northern Command (NORTHCOM) to provide command and control of the Department of Defense’s (DOD’s) homeland defense efforts and to coordinate military support to civil authorities. As a geographical combatant command, NORTHCOM has an area of responsibility that includes the continental United States, Alaska, Canada, Mexico, and surrounding waters out to approximately 500 nautical miles, including the Gulf of Mexico and the Straits of Florida. The NORTHCOM Commander also commands North American...
Navy Ship Deployments: New Approaches—Background and Issues for Congress
The Navy has implemented new kinds of naval formations, more flexible forward-deployment schedules, and a ship readiness plan (called the Fleet Response Plan, or FRP) for surge-deploying several aircraft carriers in a short period of time to respond to contingencies. The Navy has also forward-homeported additional ships, experimented with long-duration deployments with crew rotation (which the Navy calls Sea Swap), investigated multiple-crewing of ships, and is experimenting with a new forward-deployment concept called global fleet stations, or GFSs. These actions raise several potential...
On May 2-3, 2008, Cyclone Nargis hit the Irrawaddy delta and the Rangoon area of Burma. Estimates of the number of people who died was 135,000 as of early June 2008. Hundreds of thousands of people lost their homes and sources of livelihood. Foreign governments and relief organizations sought to bring in massive aid, but the Burmese government (SPDC) restricted the volume of goods that came in and access of disaster experts and relief workers to the affected areas. In the meantime, the SPDC proceeded to hold a referendum on a new constitution in areas not affected by the cyclone. It...
Emission Allowance Allocation in a Cap-and-Trade Program: Options and Considerations
When designing a cap-and-trade program, one of the more controversial and challenging questions for policymakers is how, to whom, and for what purpose to distribute the emission allowances. Regarding the method of distribution to covered sources, policymakers could (1) sell the allowances through an auction process, (2) allocate the allowances at no cost to covered sources, (3) provide allowances to non-covered sources who would, in turn, sell them to covered sources, or (4) use some combination of these methods. Although the emission allocation method would not affect the environmental...
Bangladesh: Political Turmoil and Transition
Bangladesh (the former East Pakistan) gained its independence in 1971, following India’s intervention in a rebellion against West Pakistan (currently called Pakistan). The Bangladesh National Party (BNP), which led the ruling coalition of the previous government, and the leading opposition party, the Awami League (AL), traditionally have dominated Bangladeshi politics. The BNP has been led by former Prime Minister Khaleda Zia; the AL has been led by Sheikh Hasina. In the years since independence, Bangladesh has established a reputation as a largely moderate and democratic majority Muslim...
Climate Change: Comparison of S. 2191 as Reported (now S. 3036) with Proposed Boxer Amendment
This report discusses S. 2191 (the Lieberman-Warner CLimate Security Act of 2008), which was reintroduced as S. 3036 with a deficit reduction amendment. In particular, it provides a comparison of five key differences between the bill and the proposed Boxer Amendment.
Climate Change: The Kyoto Protocol, Bali “Action Plan,” and International Actions
Concerns over climate change, often termed “global warming,” have emerged both in the United States and internationally as major policy issues. Reports in 2007 by the United Nations Intergovernmental Panel on Climate Change (IPCC) provided scientific underpinnings for these concerns, and the number of proposals and international meetings devoted to these issues has grown, as discussed in this report. In December 2007, the meeting of parties to the United Nations Framework Convention on Climate Change (UNFCCC) convened in Bali, Indonesia, and agreed on the “Bali Action Plan” to guide...
Charitable Volunteers Mileage Reimbursement
In the 110th Congress, several bills (S. 403, S. 1220, H.R. 606, and H.R. 2020) include proposals to alter the mileage deduction allowed for charitable purposes. Many proposals would allow nonprofit organizations to reimburse volunteers (without income tax consequences) for mileage driven for charitable purposes up to the business mileage rate (set at 48.5 cents per mile for 2007). The taxpayer is precluded from taking a charitable deduction if he/she is reimbursed by the nonprofit entity. Current law allows nontaxable reimbursements by charities up to the charitable mileage rate of 14...
High Agricultural Commodity Prices: What Are the Issues?
Prices for nearly all major U.S. agricultural program crops—corn, barley, sorghum, oats, wheat, rice, and soybeans—have exhibited extreme price volatility since mid-2007, while rising to record or near-record levels in early 2008. Several international organizations have announced that the sharply rising commodity prices are likely to have dire consequences for the world’s vulnerable populations, particularly in import-dependent, less developed nations. In the United States, high commodity prices have pushed farm income to successive annual records and have sharply lowered government farm...
The Fair Labor Standards Act: Continuing Issues in the Debate
On May 25, 2007, the President signed into law changes in the minimum wage under the Fair Labor Standards Act (FLSA): P.L. 110-28. Although the wage issue may now have been momentary settled, the act includes other provisions that have been subject to legislation through the years and may again become the focus of legislative consideration. Examples include the following issues.
A youth sub-minimum wage, instituted in 1996, was not included in the 2007 amendments, and is $4.25 per hour.
The cash wage employers of ‘tipped employees’ must pay, last updated in 1996, is $2.13 per hour.
In...
On November 26, 2007, U.S. President George W. Bush and Iraqi Prime Minister Nouri Kamel Al-Maliki signed a Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America. Pursuant to this Declaration, the parties pledged to “begin as soon as possible, with the aim to achieve, before July 31, 2008, agreements between the two governments with respect to the political, cultural, economic, and security spheres.” Among other things, the Declaration proclaims the parties’ intention to enter an agreement that...
The antitrust laws and statutes to prohibit “price gouging” each aim to serve the same end—realization of lower or reasonable prices for consumers, but they do so from different perspectives. Antitrust law operates on the premise that vigorous and unfettered marketplace competition will yield the most advantageous result for consumers. Statutes concerning “price gouging,” by contrast, are direct consumer-protection measures, generally making no reference to competition. Statutes to limit the extent of vertical integration in the petroleum industry (common ownership of different stages of...
Natural Gas Markets: Overview and Policy Issues
The functioning of the natural gas market in 2007 appeared relatively stable and infrastructure development continued at an appropriate pace. A tighter demand/supply balance for 2008, however, has generated more upward spot price movement in this latest period. From the beginning to the end of the 2007-2008 heating season, the average wellhead price rose more than 30%, according to Energy Information Administration estimates. In the foreseeable future, weather and economic performance appear most likely to influence prices.
Natural gas provided about 22% of U.S. energy requirements in...
Hubble Space Telescope: NASA’s Plans for a Servicing Mission
The National Aeronautics and Space Administration (NASA) estimates that without a servicing mission to replace key components, the Hubble Space Telescope will cease scientific operations in 2008. In January 2004, then-NASA Administrator Sean O’Keefe announced that the space shuttle would no longer be used to service Hubble. He indicated that this decision was based primarily on safety concerns in the wake of the space shuttle Columbia accident in 2003. Many critics, however, saw it as the result of the new Vision for Space Exploration, announced by President Bush in January 2004, which...
Tax Treaty Legislation in the 110th Congress: Explanation and Economic Analysis
This report discusses the proposals that are designed to curb “treaty shopping” — instances where a foreign parent firm in one country receives its U.S.-source income through an intermediate subsidiary in a third country that is signatory to a tax-reducing treaty with the United States.
China’s Currency: Economic Issues and Options for U.S. Trade Policy
The continued rise in China’s trade surplus with the United States and the world, and complaints from U.S. manufacturing firms and workers over the competitive challenges posed by Chinese imports have led several Members to call for a more aggressive U.S. stance against certain Chinese trade policies they deem to be unfair. Among these is the value of the China’s currency (the renminbi or yuan) relative to the dollar. From 1994 to July 2005, China pegged its currency to the U.S. dollar. On July 21, 2005, China announced it would let its currency immediately appreciate by 2.1% and link its...
State-Inspected Meat and Poultry: Issues for Congress
Federal law has prohibited state-inspected meat and poultry plants from shipping their products across state lines. The final conference version of H.R. 2419, the omnibus farm bill, amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit such interstate shipment under certain conditions.
Limiting state-inspected products to intrastate commerce is unfair, many state agencies and state-inspected plants have long argued, because the 27 currently state-operated programs by law already must be, and are, “at least equal” to the federal system. Meanwhile, foreign...
U.S. Taxation of Overseas Investment and Income: Background and Issues
This report analyzes how the current U.S. tax system applies to foreign investment undertaken by U.S. firms abroad, and how that application was changed by recent legislation. It also assesses the impact of the tax system and legislation, and concludes by discussing a variety of issues in international taxation that Congress may face in 2008 and beyond. It begins with a brief examination of the data on international investment.
Memorials: Creating National, State, and Local Memorials
This report provides information on the mandatory steps to building a memorial on federal property in the District of Columbia. It also provides information on creating memorials in Arlington National Cemetery, within the Department of Veterans Affairs National Cemetery System, and in state veterans' cemeteries. In addition, it discusses public and private initiatives at the state and local levels to create memorials including successful local fund-raising efforts.
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities
Congress has on several occasions delegated its power of eminent domain to entities outside the federal government—public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegatees, is today beyond dispute. However, among delegatees with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to “nonfederal entities.” For delegatees of federal eminent domain power listed here,...
Unanimous Consent Agreements in the Senate
This report discusses the idea of "unanimous consent" in the Senate. Without its tradition of unanimous consent, the Senate would find it harder to process its complex workload.
In a splintered decision issued in April 2008, the Supreme Court upheld an Indiana statute requiring photo identification for voting, determining that lower courts had correctly decided that the evidence in the record was insufficient to support a facial attack on the constitutionality of the law. Written by Justice Stevens, the lead opinion in Crawford v. Marion County Election Board finds that the law imposes only “a limited burden on voters’ rights,” which is justified by state interests.
Senate Executive Business and the Executive Calendar
The Senate has responsibilities under both Article I (outlining legislative prerogatives) and Article II of the Constitution. As a result, the upper body handles legislative and executive business differently. This report discusses the Senate’s lawmaking responsibilities under Article I; executive business, which consists of treaties and nominations.
Safe and Drug-Free Schools and Communities Act: Program Overview and Reauthorization Issues
This report provides information on the Safe and Drug-Free Schools and Communities Act (SDFSCA), the federal government's major initiative to prevent drug abuse and violence in and around schools, and its support for two major grant programs: one for states and one for National Activities. The report also discusses issues of reauthorization for the SDFSCA following the Virginia Tech tragedy, and issues of potential concern to Members of Congress. It includes the Administration's proposal, the recommendations of the Safe and Drug-Free Schools and Communities Act Advisory Board, the...
The Administration's FY2009 budget request of $2.4 billion for the Food and Drug Administration (FDA) would provide a 5.7% increase ($130 million) over FY2008. User fees would make up about 26% of the total amount requested and would account for 61% of the proposed increase. Budget documents indicate that the additional funding would provide for expanded activities to ensure the safety of foods and drugs, as well as to accelerate the availability of new medical products. About half of the requested increase would be used for cost-of-living pay increases, as opposed to new program activities.
Voting in the Senate: Forms and Requirements
Voting is among the most important public acts of individual Senators. For example, Senators recognize that their decisions often need to be explained to constituents who are interested in knowing why lawmakers voted as they did on various measures or matters. Party leaders, too, understand the importance of voting, for they often try to schedule votes during a time when they believe they can win senatorial support for their objectives. That Senators try never to miss votes is reflected in the high percentage of rollcall votes that they cast. On all recorded votes taken in the chamber,...
Cloture: Its Effect on Senate Proceedings
Long known for its emphasis on lengthy deliberation, the Senate in most circumstances allows its Members to debate issues for as long as they want. Further, the Senate has few ways either to limit the duration of debates or to bring filibusters (extended “talkathons”) to an end. For instance, a Senator may offer a non-debatable motion to table (or kill) an amendment or he or she might ask unanimous consent to restrict debate on pending matters. The Senate has one formal rule—Rule XXII—for imposing limits on the further consideration of an issue. Called the cloture rule (for closure of...
Cash Balance Pension Plans: Selected Legal Issues
Over the past few years, cash balance pension plans have received significant congressional and public attention. Issues that have been controversial include the negative effect of a plan conversion on older employees due to wear-away, the whipsaw effect that may occur when computing a lump-sum payment of benefits prior to normal retirement age, and the practice of providing the “greater of” benefit to plan participants as part of a conversion to a cash balance plan. This report provides an overview of these issues and a discussion of how the Pension Protection Act (P.L. 109-280), as well...
Electronic Rulemaking in the Federal Government
This report explores the Bush Administration's initiative of implementing electronic rulemaking (e-rulemaking) in the federal government, the questions regarding how this initiative is being funded, its overall structure, its costs and expected financial benefits, the functionality of some of the applications being used, and its effect on public participation in the rulemaking process.
Climate Change: Costs and Benefits of S. 2191/S. 3036
This report examines six studies that project the costs of S. 2191 (S. 3036) to 2030 or 2050. It is difficult to project costs up to the year 2030, much less beyond. The already tenuous assumption that regulatory standards will remain constant becomes more unrealistic, and other unforeseen events loom as critical issues which cannot be modeled. Long-term cost projections are at best speculative, and should be viewed with attentive skepticism. Despite models’ inability to predict the future, cases examined here do provide insights on the costs and benefits of S. 2191.
First, the ultimate...
Global Climate Change and Wildlife
Recently projected climate changes could have widespread effects on wildlife species. These effects might be positive or negative, depending on the species. Some effects might include extinction, range shifts, mismatches in phenology (timing of pollination, flowering, etc.), and population changes. If the effects of climate change are widespread, there is uncertainty on how wildlife will adapt. Some suggest that evolution and migration will enable species to adapt, whereas others contend that adaptation will be minimal because of limited habitat, and changes in climate that may occur may...
Nanotechnology and U.S. Competitiveness: Issues and Options
The projected economic and societal benefits of nanotechnology have propelled global investments by nations and companies. The United States launched the first national nanotechnology initiative in 2000. Since then, more than 60 nations have launched similar initiatives. In 2006, global public investment in nanotechnology was estimated to be $6.4 billion, with an additional $6.0 billion provided by the private sector. More than 600 nanotechnology products are now in the market, generally offering incremental improvements over existing products. However, proponents maintain that...
Maritime Security: Potential Terrorist Attacks and Protection Priorities
This report outlines the key dimensions of maritime terrorism and how these dimensions may characterize specific attacks in the global maritime domain. The report illustrates credible maritime attack scenarios based on actual past attacks or potential attacks developed for maritime security exercises or other U.S. counter terrorism activities. It discusses the challenge to maritime security planners of facing a virtually unlimited number of potential attack scenarios and how certain federal programs address this challenge. It also reviews various perspectives on the overall likelihood of...
“Spam”: An Overview of Issues Concerning Commercial Electronic Mail
Spam, also called unsolicited commercial email (UCE) or “junk email,” aggravates many computer users. Not only can spam be a nuisance, but its cost may be passed on to consumers through higher charges from Internet service providers who must upgrade their systems to handle the traffic. Also, some spam involves fraud, or includes adult-oriented material that offends recipients or that parents want to protect their children from seeing. Proponents of UCE insist it is a legitimate marketing technique that is protected by the First Amendment, and that some consumers want to receive such...
Reauthorization of the E-Government Act: A Brief Overview
December 2007 marked the fifth anniversary of the passage of the E-Government Act of 2002. Shortly before this anniversary, authorization of appropriations for several key provisions expired on September 30, 2007. Some of the activities and offices affected by the expiring authorizations include, but are not limited to, the Office of Electronic Government (OEG) within the Office of Management and Budget (OMB), the General Services Administration (GSA) E-Government Fund; the GSA program to operate a federal Internet portal; and the National Institute of Standards and Technology (NIST)...
Liquefied Natural Gas (LNG) Infrastructure Security: Issues for Congress
Liquefied natural gas (LNG) is a hazardous fuel shipped in large tankers from overseas to U.S. ports. Because LNG infrastructure is highly visible and easily identified, it can be vulnerable to terrorist attack. Since September 11, 2001, the U.S. LNG industry and federal agencies have put new measures in place to respond to the possibility of terrorism. Nonetheless, public concerns about LNG risks continue to raise questions about LNG security. Faced with a perceived national need for greater LNG imports, and persistent public concerns about LNG risks, some in Congress are examining the...
Rising Energy Competition and Energy Security in Northeast Asia: Issues for U.S. Policy
Asia has become a principal driver in world energy markets, largely due to China’s remarkable growth in demand. As the gap between consumption and production levels in Asia expands, the region’s economic powers appear to be increasingly anxious about their energy security, concerned that tight supplies and consequent high prices may constrain economic growth. Rising energy competition in East Asia promises to affect U.S. policy in many ways, from contributing to price spikes because of China’s rapidly increasing demand to altering the geostrategic landscape in the years to come as regional...
The “Red-Dead” Canal: Israeli-Arab Efforts to Restore the Dead Sea
Regional cooperation in halting continued overuse of scarce water resources has been a casualty of the long-running Arab-Israeli conflict. The Dead Sea has been a victim of this neglect, and scientists estimate that it will decrease substantially in the coming decades due to overexploitation of the Jordan River. One possible solution is to construct a canal from the Red Sea to the Dead Sea to pump sea water into the salt lake while generating hydroelectric power for use in desalination. The governments of Israel and Jordan have been enthusiastic proponents of the “Peace Canal,” and are...
Broadband over Powerlines: Regulatory and Policy Issues
Congress has expressed significant interest in increasing the availability of broadband services throughout the nation. Broadband over powerlines (BPL) has the potential to play a significant role in increasing the competitive landscape of the communications industry as well as extend the reach of broadband to a greater number of Americans. BPL, like any technology, has its advantages and disadvantages. Proponents state that BPL is less expensive to deploy than the cable and telephone companies’ broadband offerings; it does not require upgrades to the actual electric grid; and, it is not...
Homeland Security Act of 2002: Tort Liability Provisions
The Homeland Security Act of 2002, P.L. 107-296 (H.R. 5005), contains the following provisions that limit tort liability, and this report examines each of them.
Section 304 immunizes manufacturers and administrators of smallpox vaccines from tort liability. It makes the United States liable, but not strictly liable, as manufacturers and administrators would be under state law. Rather, the United States will be liable only for the negligence of vaccine manufacturers and administrators.
Section 863 limits the tort liability of sellers of anti-terrorism technologies. It prohibits punitive...
Lobbyists and Interest Groups: Sources of Information
Lobbyists and interest groups play an active role in the American legislative process. Information on lobbyist registrations and on interest groups in general is available from a variety of online and printed sources, including files available for public inspection. This report is a guide for locating governmental sources that maintain files on lobby groups, their registrations, and finances. Also included in this report are nongovernmental sources that offer background information on the lobbyists and interest groups who focus on legislation in Washington.
Agriculture Conservation Programs: A Scorecard
This report provides basic information on several agriculture conservation programs, primarily drawn from agency budget presentations and websites, about each program using a consistent format. This information should help respond to basic questions and resolve many common sources of confusion about the purposes of the program, program participation and policy topics.
Introduced in the 110th Congress, the Protecting Employees and Retirees in Business Bankruptcies Act of 2007 (H.R. 3652) proposes a number of changes to the U.S. Bankruptcy Code. According to the sponsors, the changes are needed to remedy inequities in the bankruptcy process and to recognize that employees and retirees have a unique investment in their companies through their labor.
The bill contains many proposals for changing the Bankruptcy Code. This report focuses on the amendments and additions to 11 U.S.C. § 1113, which provides the procedures that are to be followed if a debtor in...
This report will provide a brief explanation of how the structure of the review scheme was expected to operate and describes how it has in fact been utilized.
Latvia: Current Issues and U.S. Policy
After restoration of its independence in 1991 following decades of Soviet rule, Latvia made rapid strides toward establishing a democratic political system and a dynamic, free market economy. It achieved two key foreign policy goals when it joined NATO and the European Union in 2004. However, relations with Russia remain strained over such issues as the country’s Russian-speaking minority and energy relations. Latvia and the United States have excellent relations. Latvia has deployed troops to Iraq and Afghanistan, and plays a significant role in efforts to encourage democracy and a...
Rising Food Prices and Global Food Needs: The U.S. Response
Rising food prices are having impacts across the world, but especially among poor people in low-income developing countries. Since 2000, a year of low food prices, wheat prices in international markets have more than tripled, corn prices have doubled, and rice prices rose to unprecedented levels in March 2008. Such increases in food prices have raised concerns about the ability of poor people to meet their food and nutrition needs and in a number of countries have lead to civil unrest. More than 33 countries, most of which are in Sub-Saharan Africa are particularly affected by food prices...
Avian Flu Pandemic: Potential Impact of Trade Disruptions
Concerns about potential disruptions in U.S. trade flows due to a global health or security crisis are not new. The possibility of an avian flu pandemic with consequences for global trade is a concern that has received attention recently, although some experts believe there is little cause for alarm. Experts disagree on the likelihood of an avian flu pandemic developing at all. This report considers possible trade disruptions, including possible impacts on trade between the United States and countries and regions that have reported avian influenza infections. These trade disruptions could...
Additional Standard Tax Deduction for the Elderly: A Description and Assessment
An additional personal exemption for elderly taxpayers was enacted by the Revenue Act of 1948 (P.L. 80-471). The rationale for the provision was to accord the elderly tax relief because the elderly had small incomes and are unable to adjust their incomes in response to increases in the cost of living since they no longer work. Congress attempted to target the tax benefit to low- and moderate-income elderly individuals by substituting an additional standard deduction for the personal exemption amount in the Tax Reform Act of 1986 (P.L. 99-514).
The additional standard deduction for both the...
Additional Standard Tax Deduction for the Blind: A Description and Assessment
In the Revenue Act of 1943, a special $500 income tax deduction was first permitted the blind for expenses directly associated with readers and guides. This deduction for expenses evolved to a $600 personal exemption in the Revenue Act of 1948 so that the blind did not forfeit use of the standard deduction and so that the tax benefit could be reflected directly in the withholding tables. Congress attempted to target the tax benefit to low- and moderate-income blind individuals by replacing the tax exemption with an additional standard deduction amount with passage of the Tax Reform Act of...
Lobbying Regulations on Non-Profit Organizations
Public charities, religious groups, social welfare organizations and other non-profit organizations which are exempt from federal income taxation are not generally prohibited from engaging in all lobbying or public policy advocacy activities merely because of their tax-exempt status. There may, however, be some lobbying limitations on certain organizations, depending on their tax-exempt status and/or their participation as federal grantees in federal programs. Additionally, organizations (other than churches or their affiliates) which meet specified threshold expenditure requirements on...
Calculating Estate Tax Liability: 2001 to 2011 and Beyond
This report provides a basic explanation of how to calculate the federal estate tax liability for a taxable estate of any given size, using the schedule of graduated marginal tax rates and the applicable exclusion amount or the applicable credit amount for the year of death. The “applicable exclusion amount” is the amount of any decedent’s taxable estate that is free from tax. It is known informally as the estate tax “exemption.” The “applicable credit amount” or “unified credit” is the corresponding tax credit. It is equal to the tax that would be due on a taxable estate that is the size...
Paraguay: Background and U.S. Relations
The demise of the long-ruling Stroessner military dictatorship in 1989 initiated a political transition in Paraguay that has been difficult at times. Current President Nicanor Duarte Frutos has implemented some reforms that have addressed corruption and contributed to economic growth. Yet, due in large part to the country’s authoritarian past, Paraguay’s state institutions remain weak while corruption remains ingrained in the political culture, impeding democratic consolidation and economic development.
In Paraguay’s April 20, 2008, presidential election, former Roman Catholic bishop...
Lobbying Regulations on Non-Profit Organizations
Public charities, religious groups, social welfare organizations, and other nonprofit organizations which are exempt from federal income taxation are not generally prohibited from engaging in all lobbying or public policy advocacy activities merely because of their tax-exempt status. There may, however, be some lobbying limitations on certain organizations, depending. This report discusses this issue at length, including related legislation, relevant passages in the Internal Revenue Code, and other regulatory information.
Automobile and Light Truck Fuel Economy: The CAFE Standards
This report discusses the current corporate average fuel economy (CAFE) standard of 35 miles per gallon (mpg), and the major issues on the CAFE debate. The report also offers an overview of Congressional interest in CAFE (1991-2005), and explains the CAFE and reduction of carbon dioxide emissions.
Transportation Fuel Taxes: Impacts of a Repeal or Moratorium
The report includes an introduction regarding the increase in crude oil and refined product prices and discusses the proposals to offset effects of higher crude oil prices and the impact on markets and prices.
Conservation and the 2007 Farm Bill
This report introduces some of the issues that are influencing the development of a conservation title. It then reviews major provisions passed by both chambers, followed by some of the alternative conservation proposals that were offered. An appendix compares current law with the conservation provisions, as passed by both chambers, in more detail.
Soil and Water Conservation: An Overview
This report offers the most recent development regarding the soil and water conservation topics and current major conservation activities. The report addresses these conservation topics; what should be the priorities for the conservation effort; and deciding whether any existing programs or activities should be modified or eliminated and whether new programs or activities should be added to the effort.
Dollar Crisis: Prospect and Implications
This report describes the anatomy of dollar crisis, and possible reasons why a dollar crisis won't occur. The report discusses the macroeconomics effects of a dollar crisis, and the response of economic policy.
The NATO Summit at Bucharest, 2008
NATO held a summit in Bucharest, Romania, April 2-4, 2008. The summit did not become the occasion to adopt major new ideas or initiatives. A “Strategic Vision” paper on Afghanistan clarified several issues but did not lead to a greater sharing of the combat burden among NATO governments. Croatia and Albania, but not Macedonia, were invited to begin accession negotiations for membership. In a contentious debate, neither Georgia nor Ukraine were admitted to the MAP process. The debate over missile defense led to the consolidation of an evolving allied position. See also CRS Report RL34415,...
Proposals to Merge the Forest Service and the Bureau of Land Management: Issues and Approaches
The Forest Service (FS) in the Department of Agriculture and the Bureau of Land Management (BLM) in the Department of the Interior are both directed to manage lands for multiple uses and sustained yields, but their unique histories have led to different laws, regulations, practices, and procedures in managing resources. The similar missions and neighboring and intermingled lands in separate Cabinet departments have led to frequent proposals, dating back to 1911, to transfer one agency to the other department or to consolidate them into one agency.
Proponents and critics cite various...
The Pattern of Interest Rates: Does it Signal an Impending Recession?
The cyclical behavior of the economy is of great interest to Congress, yet the onset of an economic downturn is seldom recognized promptly. Policymakers frequently search for reliable recession predictors. The behavior of interest rates may provide advanced warning of an impending downturn. The easing of monetary policy in evidence since September 2007 is consistent with efforts to forestall or minimize an economic downturn. Economic growth has been low since the last quarter of 2007, and some forecasters are now predicting a recession in 2008.
This report presents a brief background on the efforts to create the Single European Payments Area (SEPA) by the European government and the banking industry. It assesses the current electronic payments systems from the wholesale (large value) level and the retail (small value) level of payments. The report then examines the attempts to develop the pan- European automated clearinghouse system (PEACH).
FEMA Flood Map Modernization Funding
This report discusses the implementation of the Federal Emergency Management Agency (FEMA)'s Flood Map Modernization (Map Mod) Initiative (FMMI) and its ongoing Map Mod program. FEMA introduced the FMMI in September 1997 as a strategic plan to convert paper flood insurance rate maps (FIRMs) to digital electronic format, or DFIRMs.
Inflation measures the rate of change in all prices. Maintaining low and stable inflation is one of the primary goals of macroeconomic policy. But how should inflation be measured? Policymakers, particularly at the Federal Reserve, often refer to core inflation in their policy decisions. Core inflation is commonly defined as a measure of inflation that omits changes in food and energy prices. Some policymakers prefer to use core inflation to predict future overall inflation because food and energy price volatility makes it difficult to discern trends from the overall inflation rate. A...
National Guard Personnel and Deployments: Fact Sheet
The National Guard plays a major role in the defense and security of the United States under the federal component of its mission. A January 2008 report by the congressionally chartered independent Commission on the National Guard and Reserves has found that the U.S. military's lack of "sufficiently trained, ready forces available" to respond to possible domestic attacks "is an appalling gap that places the nation and its citizens at greater risk." The report estimated that fewer than 88% of Army National Guard units are "combat-ready." This report presents statistical information on the...
Apalachicola-Chattahoochee-Flint (ACF) Drought: Federal Water Management Issues
Drought in the Southeast has brought congressional attention to an ongoing interstate conflict among Alabama, Florida, and Georgia over water allocation in the Apalachicola-Chattahoochee-Flint (ACF) river system. Drawdown of Lake Lanier, the uppermost federal reservoir in the ACF basin, in fall 2007 to support minimum flows in the lower basin’s Apalachicola River escalated the conflict. The Atlanta metropolitan area’s municipal and industrial water users are concerned about drawdown of their principal (in some cases, their only) water supply. They question the justification for the minimum...
Exemptions from Environmental Law for the Department of Defense (DOD)
Whether broader exemptions from federal environmental laws are needed to preserve military readiness has been an issue. Questions have been raised as to whether environmental requirements have limited military training activities to the point that readiness would be compromised. The potential impacts of broader exemptions on environmental quality have raised additional questions. Although certain exemptions the Department of Defense (DOD) first requested in FY2003 have been enacted into law, Congress has opposed others. The 107th Congress enacted an exemption from the Migratory Bird Treaty...
Tuberculosis: International Efforts and Issues for Congress
Infectious diseases are estimated to cause more than 25% of all deaths around the world. A number of infectious disease outbreaks over the past decade, such as H5N1 avian influenza and severe acute respiratory syndrome (SARS), have heightened concerns about how infectious diseases might threaten global security. International air travel and trade have complicated efforts to detect and contain infectious diseases. People could cross borders carrying a highly contagious disease before an infectious agent causes symptoms.
Non-health officials are becoming increasingly aware of the threat that...
On December 18, 2007, the Senate, and on December 19, the House, approved a consolidated FY2008 appropriations bill, H.R. 2764, that includes $70 billion in emergency supplemental appropriations for the Department of Defense for military operations in Iraq, Afghanistan and elsewhere. The President signed the bill into law on December 26. Congress’s agreement to provide $70 billion for overseas military operations resolved a dispute over war funding that had led the Defense Department to announce plans to shut down all but essential Army and Marine Corps operations early in 2008. In the...
HIV/AIDS in the Caribbean and Central America
The AIDS epidemic in the Caribbean and Central America has begun to have negative consequences for economic and social development in several countries, and continued increases in HIV infection rates threaten future development prospects. In contrast to other parts of Latin America, the mode of HIV transmission in several Caribbean and Central American countries has been primarily through heterosexual contact, making the disease difficult to contain because it affects the general population. The countries with the highest prevalence or infection rates are Belize, the Bahamas, Guyana,...
Hague Convention on Intercountry Adoption: Status and Recent Developments
On April 1, 2008, the United States became a full member of the Hague Convention on Intercountry Adoption (hereinafter “Convention”), and the Convention entered into force in the United States. As a result, the Convention now governs intercountry adoptions between the United States and other Convention member countries in accordance with the provisions of the Intercountry Adoption Act (IAA). In order to comply with the Convention membership requirements, the United States had signed the Convention, the Senate had given its advice and consent to the ratification of the Convention, and...
Consumer advocates, proponents of wider use of market incentives in the health care sector, and some policy makers have called for greater price transparency. These measures might include posting prices in an accessible form or regulations constraining price discrimination (different prices charged to different customers). Price transparency implies that consumers can obtain price information easily, so they can usefully compare costs of different choices. Price transparency may also mean consumers understand how prices are set and are aware of price discrimination. In health care markets...
Genetic Information: Legal Issues Relating to Discrimination and Privacy
In April 2003, the sequence of the human genome was deposited into public databases. This milestone, which has been compared to the discoveries of Galileo, and other advances in genetics have created novel legal issues relating to genetic information. The Human Genome Project produced detailed maps of the 23 pairs of human chromosomes and sequenced 99% of the three billion nucleotide bases that make up the human genome. The sequence information should aid in the identification of genes underlying disease, raising hope for genetic therapies to cure disease, but this scientific...
Chemical Facility Security: Regulation and Issues for Congress
This report describes the statutory authority granted to the Department of Homeland Security (DHS) with regards to chemical facility security regulation and the interim final rule promulgated by DHS, and identifies select issues of contention related to the interim final rule. Finally, this report discusses several possible policy options for Congress.
Genetic Discrimination: Overview of the Issue and Proposed Legislation
A key policy issue before Congress is whether the potential for genetic discrimination by employers and insurers merits protections for genetic information that are more extensive than those already in place for health information. For the stated purpose of prohibiting discrimination on the basis of genetic information with respect to health insurance and employment, the Genetic Information Nondiscrimination Act of 2007 (H.R. 493) was introduced in the House on January 16, 2007 and was passed by the House on April 25, 2007. On January 22, 2007, the act was introduced in the Senate (S. 358)...
On March 29, 2007, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved the Genetic Information Nondiscrimination Act of 2007 (S. 358). The HELP Committee filed a report to accompany S. 358 on April 10 (S.Rept. 110-48). S. 358 is awaiting Senate floor action. On April 25, the House passed its own version of the legislation (H.R. 493) on a vote of 420-3. Earlier, the measure was reported by the Education and Labor Committee (H.Rept. 110-28, Part I), the Ways and Means Committee (H.Rept. 110-28, Part II), and the Energy and Commerce Committee (H.Rept. 110-28, Parts III...
Civil Reserve Air Fleet (CRAF)
The Civil Reserve Air Fleet (CRAF) was created by executive order in 1951. As a result, the Departments of Commerce (DOC) and Defense (DOD) formulated a contingency plan to meet the nation’s airlift needs in times of crisis. When the Department of Transportation (DOT) was created, it assumed DOC’s role in the CRAF program, and today, DOD and DOT work together to manage the CRAF program.
The CRAF supports DOD airlift requirements in emergencies when the need for airlift exceeds the capability of the military aircraft fleet. All CRAF participants must be U.S. carriers fully certified by the...
Fuel Ethanol: Background and Public Policy Issues
Ethanol plays a key role in policy discussions about energy, agriculture, taxes, and the environment. In the United States it is mostly made from corn; in other countries it is often made from cane sugar. Fuel ethanol is generally blended in gasoline to reduce emissions, increase octane, and extend gasoline stocks. Recent high oil and gasoline prices have led to increased interest in alternatives to petroleum fuels for transportation. Further, concerns over climate change have raised interest in developing fuels with lower fuel-cycle greenhouse-gas emissions. Supporters of ethanol argue...
The Energy Independence and Security Act of 2007 (P.L. 110-140) sets new performance standards for many common light bulbs. Tier I standards require a 25%-30% increase in the energy efficiency of typical light bulbs beginning in 2012, and still greater improvements through Tier II standards starting in 2020. Supporters expect these new measures to save consumers billions of dollars in electricity costs, offset the need to build dozens of new power plants, and cut millions of tons of greenhouse gas emissions in the United States.
Efficient lighting products such as compact fluorescent...
During the 1st session of the 110th Congress, in calendar year 2007, the Administration requested emergency FY2008 supplemental appropriations of $196.5 billion to cover costs of military operations in Iraq and Afghanistan, for war-related and other international affairs programs, and for some other activities. The request included $189.3 billion for the Department of Defense, $6.9 billion for international affairs, and $325 million for other agencies.
Through the end of December 2007, Congress provided $86.8 billion in emergency funds for the Defense Department and $2.4 billion for...
AIDS Funding for Federal Government Programs: FY1981-FY2009
Federal government spending on HIV (the human immunodeficiency virus) and AIDS (acquired immune deficiency syndrome) is estimated at $23.3 billion in FY2008. Of the total, 63% is for treatment programs; research programs receive 13%; prevention programs receive 14%, and income support programs receive 10%. The Administration’s government-wide request level for all HIV/AIDS programs in FY2009 is $24.1 billion.
AIDS programs within the Department of Health and Human Services (HHS) account for 66% of the total amount spent on HIV/AIDS by the federal government in FY2008, a total of $15.2...
Latin America: Energy Supply, Political Developments, and U.S. Policy Approaches
Western Hemisphere countries supply the United States with 50% of its imported crude oil. Three countries in the hemisphere—Canada, Mexico, and Venezuela—account for the lion’s share. Other significant oil producers in the region include Ecuador, Colombia, Brazil, Trinidad and Tobago, and Argentina.
In terms of proven oil reserves, the Western Hemisphere has about 24% of reserves worldwide. After Canada, Venezuela has the second largest amount of proven oil reserves in the hemisphere, almost 87 billion barrels, but this does not include as much as 270 billion barrels of extra-heavy and...
The Internal Revenue Service considers payments received under the Conservation Reserve Program (CRP) self-employment income even though they are called “annual rental payments,” and rental income from real property is generally excluded from self-employment income. Bills have been repeatedly introduced before Congress to statutorily exclude the CRP payments from self-employment tax, but these bills generally have died in committee. In the 110th Congress, the Senate passed H.R. 2419, which contains a provision that would exclude the payments from self-employment income in some, but not...
FY2008 Emergency Supplemental Appropriations for International Affairs
Congress approved an FY2008 Consolidated Appropriations Act (H.R. 2764) during the week of December 17, 2007, that included some emergency supplemental funding for international affairs requested by the White House. The President signed the spending measure on December 26 (P.L. 110-161). The White House had submitted emergency supplemental requests to Congress for military operations in Iraq and Afghanistan, and international affairs programs totaling $196.5 billion. The request was made in two installments—an estimate of additional expenses was sent to Congress with the FY2008 regular...
2008-2009 Presidential Transition: National Security Considerations and Options
A presidential transition is a unique time in America and holds the promise of opportunity, as well as a possible risk to the nation’s security interests. The 2008-2009 election marks the first presidential transition in the post-9/11 era, and is of concern to many national security observers. While changes in administration during U.S. involvement in national security related activities are not unique to the 2008-2009 election, many observers suggest that the current security climate and recent acts of terrorism by individuals wishing to influence national elections and change foreign...
Air Quality Standards and Sound Science: What Role for CASAC?
As the Environmental Protection Agency (EPA) completes its reviews of the ozone, particulate matter (PM), and lead air quality standards—the PM review was completed in September 2006, the ozone review in March 2008, and the lead review is due for completion in September 2008—the Clean Air Scientific Advisory Committee (CASAC), an independent committee of scientists that advises the agency’s Administrator, has been sharply critical of several of EPA’s decisions.
CASAC was established by statute in 1977. Its members, largely from academia and from private research institutes, are appointed...
House Committee Organization and Process: A Brief Overview
Committees are integral to the work of Congress in determining the policy needs of the nation and acting on them. This report provides a brief overview of six features of the committee system in the House: organization, hearings, markup, reporting, oversight, and publications. Committees in the House have four primary powers: to conduct hearings and investigations, to consider bills and resolutions and amendments to them, to report legislation to the House for its possible consideration, and to monitor executive branch performance, that is, to conduct oversight. The report will be updated...
Ozone Air Quality Standards: EPA’s March 2008 Revision
EPA Administrator Stephen Johnson signed final changes to the National Ambient Air Quality Standard (NAAQS) for ozone on March 12, 2008; the proposal appeared in the Federal Register on March 27. NAAQS are standards for outdoor (ambient) air that are intended to protect public health and welfare from harmful concentrations of pollution. By changing the standard, EPA has concluded that protecting public health and welfare requires lower concentrations of ozone pollution than it previously judged to be safe. This report discusses the standard-setting process, the specifics of the new...
Enlargement Issues at NATO’s Bucharest Summit
NATO held a summit in Bucharest on April 2-4, 2008. A principal issue was consideration of the candidacies for membership of Albania, Croatia, and the Former Yugoslav Republic of Macedonia (FYROM, or the Republic of Macedonia). These states are small, with correspondingly small militaries, and their inclusion in the alliance cannot be considered strategic in a military sense. However, it is possible that they could play a role in the stabilization of southeastern Europe. The allies issued invitations only to Albania and Croatia.
At Bucharest NATO decided not to offer a Membership Action...
Air Quality: EPA’s 2006 Changes to the Particulate Matter (PM) Standards
On October 17, 2006, the EPA published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM). The EPA reviewed more than 2,000 scientific studies and found that the evidence continued to support associations between exposure to particulates in ambient air and numerous significant health problems, including aggravated asthma, chronic bronchitis, reduced lung function, heart attacks, and premature death in people with heart or lung disease. Based on several analytical approaches, the EPA estimated that compliance with the new...
Sources of Legislative Proposals: A Descriptive Introduction
Ideas for legislation come from individual Members of Congress, congressional committees and subcommittees, informal groups of Members, the executive and judicial branches, state and local governments, foreign governments, constituents, advocacy and lobby groups, and the press.
House Floor Activity: The Daily Flow of Business
The rules of the House include a rule that lays out the daily order of business on the House floor. In practice, however, the House never follows this rule as it decides what legislative business it will transact, and when. All of the legislative business that the House conducts is brought to the floor in ways that interrupt the daily order of business, as defined by clause 1 of Rule XIV. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
House and Senate Rules of Procedure: A Comparison
More differences than similarities emerge when comparing selected House and Senate rules of procedure for referring legislation to committees, and for scheduling, raising and considering measures on the floor.
While the House uses four calendars (Union, House, Private, Discharge), the Senate only employs two calendars (Legislative and Executive). The House’s system of special days for considering certain types of measures (e.g., “District Days”) has no equivalent in the Senate.
In making scheduling decisions, the Speaker typically consults only with majority party leaders and selected...
Cleanup of U.S. Military Munitions: Authorities, Status, and Costs
How to address safety, health, and environmental risks from potential exposure to abandoned or discarded military munitions has been a long-standing issue. There has been particular concern among the public about such risks at older decommissioned military properties that have been in civilian use for many years, and at closed military bases still awaiting redevelopment. Many of these properties contain former training ranges and munitions disposal sites where the extent of unexploded ordnance (UXO) and related environmental contamination is not fully understood. The approval of another...
The Low-Income Housing Tax Credit: A Framework for Evaluation
The Low-Income Housing Tax Credit (LIHTC) is an economic incentive to produce affordable rental housing. These federal housing tax credits are awarded to developers of qualified projects, who either use or sell the credits to investors to raise capital (or equity) for real estate projects. The tax benefit reduces the debt and/or equity financing that the developer would otherwise have to obtain. With lower financing costs, beneficiaries of tax credits can offer lower, more affordable rents. See CRS Report RS22389, An Introduction to the Design of the Low-Income Housing Tax Credit, by Mark...
Under the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) has the authority to issue reasonable exemptions the Commission finds to be in the public interest. In 2004, the EEOC approved a narrowly drawn exemption to permit the practice of coordinating employer-provided retiree health coverage with eligibility for Medicare. However, the proposed regulation was challenged in court, and a permanent injunction blocking its implementation remained in effect for several years while the courts considered the issue. Recently, a federal appeals court...
Committee Jurisdiction and Referral in the Senate
The legislative jurisdictions of the Senate’s standing committees are established in Senate Rule XXV. The committees vary in terms of jurisdictional breadth, with some responsible for a diverse array of issues and others focused more narrowly on related policies. All of the standing committees, because of their legislative jurisdiction, consider measures and issues and recommend legislation for consideration by the Senate. They also have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions. In addition, the Senate has given some standing...
Conservation Reserve Program Payments: Self-Employment Income, Rental Income, or Something Else?
Under the Conservation Reserve Program (CRP), owners and operators of eligible land may enter into a contract with the Secretary of Agriculture to enroll land in the program and convert it to less intensive use under an approved conservation plan. In return, participants receive an annual payment that the statute refers to as “rent.” Legislation establishing and extending the program has been silent as to the appropriate tax treatment of these payments. For many years, the Internal Revenue Service (IRS) generally treated the payments as farming income when received by someone who was...
The Use of Profit by the Five Major Oil Companies
The price of crude oil began to increase in the last quarter of 2003, and has led to the high prices observed from 2004 through 2007. The Iraq War, unexpectedly high demand growth in China, India, and the United States, and Hurricanes Katrina and Rita, along with a number of other factors, all contributed to the rising price.
An important result of these largely unexpected events was that the oil industry, as represented by the five major integrated oil companies doing business in the United States, experienced rapidly expanding revenues and profits. Some observers characterized these...
Federal Advertising Law: An Overview
This report provides a brief overview of federal law with respect to six selected advertising issues: alcohol advertising, tobacco advertising, the Federal Trade Commission Act, advertising by mail (including junk mail), advertising by telephone, and commercial email (spam). There are numerous federal statutes regulating advertising that do not fit within any of these categories. As random examples, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires disclosures in advertisements for prescription drugs; the Truth in Lending Act governs the advertising of consumer credit; and a...
HUD Proposes Administrative Modifications to the Real Estate Settlement Procedures Act
This report focuses on borrower disclosure, particularly with respect to making all pertinent information about loan terms and settlement costs transparent, so that consumers can make well-informed financial decisions when choosing mortgage products.
The Vienna Convention on Consular Relations (VCCR) is a multilateral agreement codifying consular practices originally governed by customary practice and bilateral agreements between States (i.e., countries). Article 36 of the VCCR provides that when a national of a signatory State is arrested or otherwise detained in another signatory State, appropriate authorities within the receiving State must inform him “without delay” of his right to have his consulate notified. Nevertheless, foreign nationals detained by U.S. state and local authorities are not always provided with requisite...
Messages, Petitions, Communications, and Memorials to Congress
The Constitution and the rules of the House and Senate identify various means that citizens, subordinate levels of government, and other branches of the federal government may use to communicate formally with either or both houses of Congress. The House and Senate use written messages to communicate with the other. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Federal Enterprise Architecture and E-Government: Issues for Information Technology Management
Congressional policymakers are concerned about potential inefficiencies and inefficacies in the operation of the federal government, particularly as it relates to decisions regarding information technology (IT) investments. These concerns have increased as federal IT spending has grown to approximately $70 billion annually. One approach being implemented to reduce duplicative spending and improve cross-agency collaboration is the use of enterprise architecture (EA) planning across the federal government. An EA serves as a blueprint of the business operations of an organization, and the...
Pakistan’s 2008 Elections: Results and Implications for U.S. Policy
A stable, democratic, prosperous Pakistan actively working to counter Islamist militancy is considered vital to U.S. interests. Pakistan is a key ally in U.S.-led counterterrorism efforts. The history of democracy in Pakistan is a troubled one marked by ongoing tripartite power struggles among presidents, prime ministers, and army chiefs. Military regimes have ruled Pakistan directly for 34 of the country’s 60 years in existence, and most observers agree that Pakistan has no sustained history of effective constitutionalism or parliamentary democracy. In 1999, the democratically elected...
Avatars, Virtual Reality Technology, and the U.S. Military: Emerging Policy Issues
This report describes virtual reality technology, which uses three-dimensional user-generated content, and its use by the U.S. military and intelligence community for training and other purposes. Both the military and private sector use this new technology, but terrorist groups may also be using it to train more realistically for future attacks, while still avoiding detection on the Internet. The issues for Congress to consider may include the cost-benefit implications of this technology, whether sufficient resources are available for the communications infrastructure needed to support...
The D.C. Circuit Rejects EPA’s Mercury Rules: New Jersey v. EPA
On February 8, 2008, the D.C. Circuit decided New Jersey v. EPA, unanimously vacating two EPA rules under the Clean Air Act (CAA) regarding emissions of mercury from electric utility steam generating units (EGUs). The two rules had the effect of shifting EPA regulation of power-plant emissions of mercury from the more stringent and less flexible regime under CAA section 112, governing hazardous air pollutants (HAPs), to the less stringent and more flexible one under CAA section 111, authorizing national emission standards for new stationary sources. The court decision, unless reversed or...
The Federal Minimum Wage and American Samoa
In 1938, when the Fair Labor Standards Act (FLSA) was adopted, Congress appears to have given little consideration as to how its provisions might affect the various possessions and territories of the United States. The first off-shore jurisdiction to request exception from the FLSA was Puerto Rico, which, in 1940, along with the Virgin Islands, was given an exception under the act. Special industry committees were appointed to visit the Caribbean islands and to recommend minimum wage rates consistent with the insular economies.
In the wake of World War II, new attention was focused upon...
Former NFL Players: Disabilities, Benefits, and Related Issues
This report discusses professional football players' injuries and health conditions that might have long-term consequences for their health.
Liability of Interactive Computer Service for Violating the Fair Housing Act
In Fair Housing Council of San Fernando Valley v. Roommates.com, 489 F.3d 921 (9th Cir. 2007), a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that an interactive computer service may be held liable for violating the Fair Housing Act, notwithstanding a federal statute that provides immunity from all civil liability to interactive computer services in some circumstances. An interactive computer service is defined by 47 U.S.C. § 230(f)(2) as a service that “enables computer access by multiple users to a computer server”; it may include an Internet service...
Spain: Current Issues and U.S. Policy
In the more than three decades since the death of Spanish dictator General Francisco Franco, Spain has become a mature democracy and has experienced rapid economic growth. It has also become an increasingly important player internationally, including in NATO and the European Union. The United States and Spain have generally enjoyed good relations. However, problems have arisen in recent years over such issues as the war in Iraq, promoting democracy in Latin America, and the tactics to be used in fighting the war on terrorism. This report provides information on Spain’s current political...
Oil Industry Profit Review 2007
Increases in the price of crude oil that began in 2004 pushed the spot price of West Texas Intermediate (WTI), a key oil in determining market prices, to nearly $100 per barrel in the third quarter of 2007. Tight market conditions persisted through the remainder of 2007, with demand growth in China, India, and other parts of the developing world continuing. Uncertain supply related to political unrest in Nigeria, Venezuela, Iraq, and other places continued to threaten the market and contribute to a psychology that pushed up prices.
The decline of the value of the U.S. dollar on world...
Security Implications of Taiwan’s Presidential Election of March 2008
This CRS Report analyzes the security implications of Taiwan’s presidential election of March 22, 2008. This analysis draws in part from direct information gained through a visit to Taiwan to observe the election and to discuss views with a number of interlocutors, including those advising or aligned with President Chen Shui-bian and President-elect Ma Ying-jeou. This CRS Report will discuss the results of Taiwan’s presidential election and symbolic yet sensitive referendums on U.N. membership, outlook for Taiwan’s stability and policies, implications for U.S. security interests, and...
Social Security Reform: Possible Effects on the Elderly Poor and Mitigation Options
Social Security has significantly reduced elderly poverty. The elderly poverty rate has fallen from 35% in 1959 to an all-time low of 9% in 2006, in large part because of Social Security. If Social Security benefits did not exist, an estimated 44% of the elderly would be poor today assuming no changes in behavior. The Supplemental Security Income (SSI) program, also provides benefits to the poorest elderly, many of whom do not qualify for Social Security benefits. However, despite these programs, about 3.4 million elderly individuals remained in poverty in 2006.
The Social Security system...
Immigration Fraud: Policies, Investigations, and Issues
Immigration fraud is reportedly widespread, though reliable estimates of its pervasiveness are not available. Given that an estimated12 million aliens are residing in the United States without legal authorization, it is reasonable to presume that many of these unauthorized aliens are committing document fraud. The extent to which unauthorized aliens enter with fraudulently obtained documents or acquire bogus documents after entry is not known.
Immigration fraud is generally grouped into two types—immigration-related “document fraud” and immigration “benefit fraud” (“benefit fraud” involves...
U.S.-Malaysia Relations: Implications of the 2008 Elections
This report discusses key aspects of the U.S.-Malaysia relationship (including economics and trade, counterterrorism cooperation, and defense ties) and the possible impact of Malaysia’s 2008 elections on the future of the relationship.
In parliamentary elections held on March 8, 2008, the Barisan Nasional (BN), which has ruled Malaysia since independence in 1957, was struck by a “political tsunami” that saw it lose its two-thirds “supermajority” for the first time since 1969. Malaysia’s major opposition parties won 82 of the 222 parliamentary seats up for election. In addition, the...
The REAL ID Act of 2005: Legal, Regulatory, and Implementation Issues
In 2005, Congress addressed the issue of national standards for drivers’ licenses and personal identification cards by passing The REAL ID Act of 2005 (REAL ID). The act contains a number of provisions relating to improved security for drivers’ licenses and personal identification cards, as well as instructions for states that do not comply with its provisions. In general, while REAL ID does not directly impose federal standards with respect to states’ issuance of drivers’ licenses and personal identification cards, states nevertheless appear compelled to adopt such standards and modify...
Dominican Republic: Political and Economic Conditions and Relations with the United States
President Leonel Fernández of the Dominican Liberation Party (PLD), who served as president previously (1996-2000), took office again on August 16, 2004 and is running for reelection on May 16, 2008. Since taking office, President Fernández has presided over a period of rapid economic growth, enjoys continued popular support, and has a majority in both legislative chambers. He has enacted fiscal reforms and restored investor confidence in the Dominican economy, but also suffered setbacks stemming from an alleged financing scandal and criticism of the government's response to two tropical...
The World Bank’s International Development Association (IDA)
The World Bank is a Multilateral Development Bank (MDB) that makes loans and grants to low and middle-income countries to reduce poverty and promote economic development. Both the World Bank and the International Monetary Fund (IMF) were founded at the Bretton Woods Conference in 1944. Two of the World Bank facilities, the International Bank for Reconstruction and Development (IBRD) and International Development Association (IDA) lend directly to governments to finance projects and programs.
IDA was established in 1960, 16 years after the creation of the World Bank to address concern that...
Financial Institutions and Markets: Major Federal Statutes
This report provides brief summaries of the major federal laws affecting financial institutions and markets. Arrangement is chronological according to the order of original enactment, with divisions into three periods. The first period begins with the Civil War era and includes the creation of national banks and the Federal Reserve System. The second period encompasses the New Deal and its aftermath, during which a wall was erected and reinforced between commerce and banking. The third or current period is characterized by statutes designed to modernize the financial services industry and,...
Environmental Impacts of Airport Operations, Maintenance, and Expansion
Funding authorization for Federal Aviation Administration (FAA) programs set forth in the Vision 100—Century of Aviation Reauthorization Act (P.L. 108-176, hereinafter referred to as “Vision 100”) expired at the end of FY2007. During the current reauthorization process, methods to address the environmental impacts associated with airport operations and expansion are being debated. This issue is important to various stakeholders, particularly those whose health, property values, and quality of life may be affected by such impacts. The concerns of community members and local, state, and...
The Disparity Between Retail Gasoline and Diesel Fuel Prices
Over time, gasoline has typically been more expensive than diesel fuel. However, their relative prices have now reversed. In mid-March of 2008, gasoline prices exceeded $3.39/gallon (gal) while diesel fuel prices were above $3.97/gal, a differential of almost $0.60/gal. This has prompted questions of why the historic gap between gasoline and on-highway diesel prices has widened so greatly and over such a relatively brief period of time.
Crude oil, when refined, produces a mix of products. Diesel fuel and home heating oil are derived from the portion of the barrel that produces what are...
Standardizing State Health Insurance Regulation
H.R. 4460, the Health Care Choice Act, is intended to “harmonize” the state insurance laws that multi-state insurance carriers and other providers of individual health coverage would be subject to. By harmonizing insurance laws across state lines, the bill’s supporters anticipate an increase in the number of health plan choices and a reduction of the cost of plans. Opponents raise concerns that the consequences of reducing states’ regulatory authority over insurance products in each state could include a loss of important patient protections and complicate the enforcement of rules designed...
Nuclear Fuel Reprocessing: U.S. Policy Development
As part of the World War II effort to develop the atomic bomb, reprocessing technology was developed to chemically separate and recover fissionable plutonium from irradiated nuclear fuel. In the early stage of commercial nuclear power, reprocessing was thought essential to supplying nuclear fuel. Federally sponsored breeder reactor development included research into advanced reprocessing technology. Several commercial interests in reprocessing foundered due to economic, technical, and regulatory issues. President Carter terminated federal support for reprocessing in an attempt to limit the...
Fischer-Tropsch Fuels from Coal, Natural Gas, and Biomass: Background and Policy
This report provides background information and policy analysis regarding the ways to develop that directly and indirectly convert coal into liquid fuel.
Davis-Bacon Act Coverage and the State Revolving Fund Program Under the Clean Water Act
The Davis-Bacon Act (DBA) requires, among other things, that not less than the locally prevailing wage be paid to workers employed, under contract, on federal construction work “to which the United States or the District of Columbia is a party.” Congress has added DBA prevailing wage provisions to more than 50 separate program statutes.
In 1961, a DBA prevailing wage requirement was added to the Federal Water Pollution Control Act (P.L. 87-88), now known as the Clean Water Act (CWA), which assists in construction of municipal wastewater treatment works. In 1987, Congress moved from a...
Mercosur: Evolution and Implications for U.S. Trade Policy
Mercosur is the Common Market of the South established by Brazil, Argentina, Uruguay, and Paraguay in 1991 to promote economic integration and political cooperation among the four countries. Since then, Mercosur has struggled to achieve deep economic integration, but has maintained a cooperative economic and political framework, which has also become an influential voice in determining the fate of the hemisphere’s regional integration initiatives. In particular, the U.S. vision for hemispheric integration, the Free Trade Area of the Americas (FTAA), has stalled largely because of...
Military Death Benefits: Status and Proposals
Department of Defense (DOD) benefits for survivors of deceased members of the armed forces vary significantly in purpose and structure. Benefits such as the death gratuity provide immediate cash payments to assist these survivors in meeting their financial needs during the period immediately following a member’s death. Similarly, the Servicemembers’ Group Life Insurance (SGLI) provides the life insurance policy value in a lump sum payment following the servicemember’s death. Other benefits such as the Veterans Affairs Dependency and Indemnity Compensation (DIC) and the Survivor Benefit...
A Primer on the Higher Education Act (HEA)
The Higher Education Act of 1965 (HEA) as amended, authorizes the federal government’s major federal student aid programs (Title IV), as well as other programs which provide institutional aid and support (Titles II, III and V). In addition, the HEA authorizes services and support to less-advantaged students (select Title IV programs), and to students pursuing international education and certain graduate and professional degrees (Titles VI and VII). The programs authorized by the HEA are administered by the U.S. Department of Education (ED), and made available an estimated 70% ($94 billion)...
Japan’s Currency Intervention: Policy Issues
The rapid depreciation of the value of the dollar on foreign exchange markets is mirrored by an equally rapid appreciation of currencies, such as the yen (and Euro). This has raised concerns that Japan may intervene in currency markets for the first time since March 2004 to shore up the value of the dollar and slow the appreciation of the yen. Japan has conducted such intervention in the past by purchasing dollars and selling yen on foreign exchange markets. This intervention has raised concerns in the United States and brought charges that Tokyo is manipulating its exchange rate in order...
Aviation Spending Guarantee Mechanisms
Since the 1971 creation of the user-supported airport and airway trust fund in the Airport and Airway Development and Revenue Acts of 1970 (P.L. 91-259) there has been disagreement over the appropriate use of the trust fund’s revenues. Some Members of Congress viewed the trust fund as primarily a capital account that would fund the Federal Aviation Administration (FAA) airport and airway (mostly air traffic control) capital requirements. Others, including the Office of Management and Budget (OMB), some executive agencies, as well as some members of congressional appropriations and budget...
The Economic Substance Doctrine: Legal Analysis of Proposed Legislation
The economic substance doctrine was judicially developed. A number of bills introduced in the 110th Congress would codify the definition of “economic substance,” provide a strict liability penalty for underpayments resulting from disallowed transactions that lack economic substance, and prohibit deduction of interest on those underpayments. The proposals would not codify the doctrine, itself, nor provide standards for a court’s determination that the doctrine was relevant to a particular case. Codification has been dubbed a “revenue raiser,” though there is disagreement as to both the...
Engrossment, Enrollment, and Presentation of Legislation
Engrossment, enrollment, and presentation of legislation are components of the legislative process that attest to the accuracy of bill texts, confirm House and Senate action, and confirm delivery of the bills to the President for review.
The Teacher Quality Enhancement Grants program (Title II, Part A of the Higher Education Act, or HEA) seeks to improve K-12 teacher preparation programs at higher education institutions. Title II Part A authorizes three types of competitively awarded grants—state grants, partnership grants, and recruitment grants—with the annual appropriation divided 45%, 45%, and 10% respectively among these kinds of grants.
State grants are one-time, three-year grants for such activities as holding teacher preparation programs accountable for the quality of their graduates or reforming teacher...
Federal Buildings Funding Limitations and Their Implications
The General Services Administration (GSA), through its Public Buildings Service (PBS), is the primary federal real property and asset management agency, with a portfolio consisting of 8,847 buildings and structures with an estimated replacement value of $68.8 billion in FY2006. GSA is also responsible for completing needed repairs and renovations to the federal facilities it manages. Congress enacted the Public Buildings Act Amendments in 1972, and established the Federal Buildings Fund (FBF) within GSA to finance the operating and capital costs associated with federal facilities. Created...
High School Graduation, Completion, and Dropouts: Federal Policy, Programs, and Issues
This report discusses federal policy, programs, and issues related to high school graduation, completion, and dropouts. The discussion covers the provisions enacted in federal law that govern the definition, calculation, and reporting requirements of these critical high school outcomes. (Note: this report does not address the issue of academic achievement among high school graduates.) The report then looks at historical data as well as the most recent indicators of these outcomes. That analysis is followed by a description of the federal programs designed to help youth who have dropped...
K-12 Teacher Quality: Issues and Legislative Action
This report provides a brief overview of some of the most salient issues regarding the K-12 teaching force, describes the current federal role in this area, describes major federal programs, and tracks major legislative action by the Congress.
This report provides the background and context to understand these legislative developments. The report first presents data on the state of Schience, Technology, Engineering, and Mathematics (STEM) education in the United States. It then examines the federal role in promoting STEM education. The report concludes with a discussion of the legislative actions recently taken to address federal STEM education policy.
House Committees: Categories and Rules for Committee Assignments
Both House and party rules detail procedures for committee assignments. House rules address the election and membership of committees, especially limitations on membership. The Democratic Caucus and Republican Conference rules designate categories of committees (shown below) and specify service limitations in addition to those in the House rules.
The Congressional Budget Process Timetable
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688) established the congressional budget process, which coordinates the legislative activities on the budget resolution, appropriations bills, reconciliation legislation, revenue measures, and other budgetary legislation. Section 300 of this act provides a timetable (see Table 1) intended to ensure that Congress completes its work on budgetary legislation by the start of the fiscal year on October 1. For more information on the budget process, see the CRS Guides to Congressional Processes at...
FreedomCAR and the Hydrogen Fuel Initiative are two complementary government-industry research and development (R&D) policy initiatives that promote the development of hydrogen fuel and fuel cell vehicles. Coordinated by the Department of Energy (DOE), these initiatives aim to make mass-market fuel cell and hydrogen combustion vehicles available at an affordable cost within 10 to 15 years from the launch of the initiatives. However, questions have been raised about the design and goals of the initiatives. This report discusses the organization, funding, and goals of the FreedomCAR and Fuel...
Overview of the Congressional Budget Process
The congressional budget process, in the broadest sense, consists of the consideration and adoption of spending, revenue, and debt-limit legislation within the framework of an annual concurrent resolution on the budget. More specifically, the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688) provides a procedural framework for the annual adoption of a congressional budget resolution and its enforcement through points of order and an optional reconciliation process. For more information on the budget process, see the CRS Guides to Congressional Processes at...
North Korea’s Abduction of Japanese Citizens and the Six-Party Talks
The admission by North Korea in 2002 that it abducted several Japanese nationals—most of them nearly 30 years ago—continues to affect significantly the Six-Party Talks on North Korea’s nuclear weapons program. This report provides background information on the abductee issue, summarizes its effect on Japanese politics, analyzes its impact on U.S.-Japan relations, and assesses its regional implications. Congress has indicated considerable interest in the abductions issue. The North Korean Human Rights Act (P.L. 108-333) includes a sense of the Congress that non-humanitarian aid be...
Estate and Gift Taxes: Economic Issues
The unified estate and gift tax is levied on the transfer of assets that occurs when someone dies or gives a gift. Filing an estate tax return can be difficult depending on the value and complexity of the estate. The purpose here is to outline the mechanics of the estate and gift tax. The first section begins with a brief review of the general rules accompanied with a numerical example. There are some minor provisions of the law that are not discussed here, however, such as the phase out of the graduated rates and the credit for taxes on property recently transferred. The second section...
IRAs and Other Savings Incentives: A Brief Overview
Several types of savings are eligible for beneficial treatment under the individual income tax, and Individual Retirement Accounts (IRAs) have received considerable attention. Pension savings are actually more important in terms of revenue loss. There are other investments that are treated favorably as well. The President has proposed in a succession of budgets to significantly expand IRAs. Effects of these provisions on savings are uncertain, and, despite dollar limits on contributions and income phase outs, IRAs tend to benefit higher income individuals.
Ethanol Imports and the Caribbean Basin Initiative (CBI)
Fuel ethanol consumption has grown significantly in the past several years, and it will continue to grow with the establishment of a renewable fuel standard (RFS) in the Energy Policy Act of 2005 (P.L. 109-58) and the expansion of that RFS in the Energy Independence and Security Act of 2007 (P.L. 110-140). This standard requires U.S. transportation fuels to contain a minimum amount of renewable fuel, including ethanol.
Most of the U.S. market is supplied by domestic refiners producing ethanol from American corn. However, imports play a small but growing role in the U.S. market. One reason...
Semipostal Stamps: Authorization, Revenue, and Selection Process
Semipostal stamps, postage sold at a premium to raise funds for particular causes, have only recently been authorized by Congress for use in the United States. The Breast Cancer Research Stamp (BCRS) was introduced in July 1998, and as of December 2007, has raised over $60.1 million to support research in treating breast cancer through distributions to designated agencies. In the 106th Congress, the Semipostal Authorization Act of 2000 extended the BCRS two years and authorized the U.S. Postal Service (USPS) to issue other semipostals until 2010. USPS issued regulations inviting public...
Financial Services and General Government (FSGG): FY2008 Appropriations
FY2008 appropriations for Financial Services and General Government (FSGG) agencies were originally proposed in H.R. 2829. The bill included funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and 20 independent agencies. Among the independent agencies funded by the bill are the General Services Administration (GSA), the Office of Personnel Management (OPM), the Small Business Administration (SBA), and the United States Postal Service (USPS).
On June 28, 2007, the House approved $43.8 billion for H.R. 2829, a...
State Family and Medical Leave Laws
In 1993, Congress passed the Family and Medical Leave Act (“FMLA”) to “balance the demands of the workplace with the needs of families.” When the FMLA was enacted, it supplemented approximately 30 state statutes that provided some form of family and medical leave to employees who worked in those states. Although the FMLA and state family and medical leave laws are generally similar with regard to the availability of leave, they differ both in terms of coverage and scope. This report includes summaries of the family and medical leave laws of forty-five states and the District of Columbia....
Nicaragua: Political Situation and U.S. Relations
Nicaragua, the second poorest country in Latin America after Haiti, has had a difficult path to democracy, characterized by ongoing struggles between rival caudillos (strongmen), generations of dictatorial rule, and civil war. Since 1990, Nicaragua has been developing democratic institutions and a framework for economic development. Nonetheless, the country remains extremely poor and its institutions are weak. Former revolutionary Sandinista leader, Daniel Ortega, was inaugurated to a new five-year presidential term in January 2007 and appears to be governing generally democratically and...
Constitutionality of Applying the FCC’s Indecency Restriction to Cable Television
Various federal officials have spoken in favor of extending the Federal Communication Commission’s indecency restriction, which currently applies to broadcast television and radio, to cable and satellite television. This report examines whether such an extension would violate the First Amendment’s guarantee of freedom of speech.
The FCC’s indecency restriction was enacted pursuant to a federal statute that, insofar as it was found constitutional, requires the FCC to promulgate regulations to prohibit the broadcast of indecent programming from 6 a.m. to 10 p.m. The FCC has found that, for...
The FY2009 Budget Request for the U.S. Department of Agriculture
The report discusses the U.S. Department of Agriculture (USDA) budget request for FY2009. The request includes a $76 billion in mandatory funds for food stamps, child nutrition, and farm subsidies.
Commerce, Justice, Science, and Related Agencies: FY2008 Appropriations
This report monitors actions taken by the 110th Congress for the FY2008 Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. In the Consolidated Appropriations Act, 2008 (P.L. 110-161), Congress has provided $54.637 billion in CJS appropriations, a 3.4% increase over the FY2007 enacted level and a 2.2% increase over the Administration’s request. This amount includes $6.857 billion for the Department of Commerce (a 3.5% increase over the FY2007 enacted level), $23.592 billion for the Department of Justice (a 1.6% increase), $23.38 billion for science agencies (a 5.3%...
The Flat Tax, Value-Added Tax, and National Retail Sales Tax: Overview of the Issues
The current income tax system is criticized for costly complexity and damage to economic efficiency. Reform suggestions have proliferated, including a national retail sales tax, several versions of a value-added tax (VAT), the much-discussed “Flat Tax” on consumption (the “Hall-Rabushka” tax), the “USA” proposal for a direct consumption tax, and revisions of the income tax. The President has indicated that major tax reform will be a priority item in his second term, and his tax reform commission has included a modified flat tax as one of its options.
Most reform proposals are based on the...
The Law of Church and State: U.S. Supreme Court Decisions Since 2002
The First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof....” The language is commonly referred to as the Establishment Clause and the Free Exercise Clause. The two clauses serve to balance the collective freedom so that the government may neither coerce nor prohibit citizens’ participation in religion. The U.S. Supreme Court historically has rendered its decisions on both clauses without applying brightline rules.
Political developments have raised new questions of church-state...
The Rise of Senate Unanimous Consent Agreements
Unanimous consent agreements are fundamental to the operation of the Senate. The institution frequently dispenses with its formal rules and instead follows negotiated agreements submitted on the floor for lawmakers’ unanimous approval. Once entered into, unanimous consent agreements can only be changed by unanimous consent. Their objectives are to waive Senate rules and to expedite floor action on measures or matters. Typically, these accords (sometimes called time-limitation agreements) restrict debate and structure chamber consideration of amendments.
Given their importance to chamber...
Bulgaria: Current Issues and U.S. Policy
This short report provides information on Bulgaria’s current political and economic situation, and foreign policy. It also discusses U.S. policy toward Bulgaria. This report will be updated as warranted.
Russia’s March 2008 Presidential Election: Outcome and Implications
This report discusses the campaign and results of Russia’s March 2, 2008, presidential election and implications for Russia and U.S. interests. Popular outgoing President Vladimir Putin endorsed his First Deputy Prime Minister, Dmitriy Medvedev, who easily won an election viewed by some observers as not free and fair. This report will not be updated. Related products include CRS Report RL33407, Russian Political, Economic, and Security Issues and U.S. Interests, by Stuart D. Goldman; and CRS Report RS22770, Russia’s December 2007 Legislative Election: Outcome and Implications, by Jim...
Russia’s 2008 Presidential Succession
First Deputy Prime Minister Dmitri Medvedev, President Putin’s chosen successor and long-time protege, was elected President on March 2, 2008, as expected, with about 70% of the vote. There was little real opposition. Medvedev had previously announced that if elected, he would propose Putin as Prime Minister and Putin has said that he will accept this post. The Putin regime has brought TV and radio under tight state control and virtually eliminated effective political opposition, assuring this “transition.” The Kremlin’s Unified Russia party had previously swept the parliamentary election...
H.R. 493, 110th Congress, the Genetic Information Nondiscrimination Act (GINA), passed the House on April 25, 2007. On March 5, 2008, the text of H.R. 493 as passed by the House was added to the Paul Wellstone Mental Health and Addiction Equity Act of 2007 (H.R. 1424) in the engrossment of H.R. 1424. The Senate bill, S. 358, 110th Congress, was reported out of the Senate Health, Education, Labor, and Pensions Committee on March 29, 2007, and is currently awaiting Senate action. This report compares the provisions of H.R. 493 and S. 358 relating to GINA’s prohibition of genetic...
Comprehensive Nuclear-Test-Ban Treaty: Issues and Arguments
The Comprehensive Nuclear-Test-Ban Treaty would ban all nuclear explosions. It was opened for signature in 1996. As of March 2008, 178 nations had signed it and 144 had ratified. To enter into force, 44 specified nations must ratify it; 35 have done so. The Senate rejected the treaty in 1999; the Bush Administration opposes it. The United States has observed a nuclear test moratorium since 1992.
There have been many calls worldwide for the United States and others to ratify the treaty. Many claim that it would promote nuclear nonproliferation; some see it as a step toward nuclear...
The minimum wage under the Fair Labor Standards Act (FLSA) is generally applicable to any state, territory, or possession of the United States such as Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI). Implementation has been gradual, though the ultimate objective has been, consistently, to raise wages to the highest level that “is economically feasible without substantially curtailing employment.”
In 1937 and 1938, when Congress crafted the FLSA, there appears to have been little concern about its impact upon the U.S....
Investment Advice and the Pension Protection Act of 2006
This report examines Section 601 of the Pension Protection Act of 2006, which amends the Employee Retirement Income Security Act to allow for the provision of investment advice without fear of fiduciary liability. Prior to the enactment of Section 601, ERISA’s prohibited transaction restrictions operated to discourage pension plan fiduciaries from providing investment advice to plan participants and beneficiaries. As amended, ERISA would now seem to allow for the provision of investment advice so long as such advice is provided pursuant to an eligible investment advice arrangement in...
Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446
The Individuals with Disabilities Education Act (IDEA), as amended by P.L. 108-446, provides for services for children with disabilities in private schools. A child with a disability may be placed in a private school by the local educational agency (LEA) or the State Educational Agency (SEA) and costs are paid by the agency. Children with disabilities enrolled by their parents in private schools are treated differently; generally, they are to be provided special education and related services to the extent consistent with the number and location of such children in the school district...
Taxes and International Competitiveness
The term “international competitiveness” has long been an important part of tax policy debates and most recently has been prominent in discussions about fundamental U.S. tax reform. For example, in Executive Order 13369, President Bush stated that one goal of reform should be to “strengthen the competitiveness of the United States in the global market place.” And in July 2007, the U.S. Treasury Department hosted a conference on business tax policy to explore ways in which the U.S. tax system might be reformed to enhance competitiveness. Yet despite its prominent use, the meaning of...
This report compares selected recommendations of the President’s Commission on Care for America’s Returning Wounded Warriors (PCCWW), often called the Dole-Shalala Commission in reference to its co-chairs, and the Veterans’ Disability Benefits Commission (VDBC). The VDBC was established in 2004 to study veterans’ benefits in a broad context. The PCCWW was established in 2007 following reports of problems among injured servicemembers returning from Iraq and Afghanistan with medical rehabilitation and access to benefits. The PCCWW was charged to focus specifically on the needs of these...
Bond Insurers: Issues for the 110th Congress
Beginning in 2007, higher than expected defaults and delinquencies in “subprime” mortgages led to a significant slowdown of the housing market. Most of these mortgages were financed by capital markets through asset- or mortgage-backed securities, rather than by traditional banks. Thus, rather than being confined to the institutions that made the now-questionable loans, losses caused by unexpected mortgage defaults have been felt throughout the financial system by any entity who bought mortgage-backed securities. In addition, financial guaranty insurance companies, often known as “monoline”...
Global Environment Facility (GEF): Overview
The report provides an overview regarding the establishment and the role of Global Environment Facility (GEF).
Impact of Rising Energy Costs on Older Americans
Energy-related expenditures include spending for utilities and fuel to operate, heat, and cool homes and spending for gasoline and motor oil for private transportation. Energy prices to consumers have increased 70% between 2000 and 2007, driven largely by growth in prices for energy commodities such as petroleum. Petroleum-based products such as fuel oil, propane and gasoline comprise about 50% of household energy expenditures.
Older Americans are disproportionately affected by higher energy costs. As a share of income, households headed by a person age 65 or older spend more on...
Liability of Plan Fiduciaries under ERISA: LaRue v. DeWolff, Boberg & Associates
In LaRue v. DeWolff, Boberg & Associates, a participant in a 401(k) plan requested that plan administrators change an investment in his individual account. The plan administrators failed to make this change, and the individual’s account allegedly suffered losses. The participant brought an action against his former employer and the 401(k) plan, claiming the plan administrator breached his fiduciary duty by neglecting to properly follow the investment instructions. At issue in the LaRue case was whether an individual could bring an action under ERISA to recover the losses. The Supreme Court...
The Department of the Treasury’s Authority to Regulate GSE Debt: A Legal Analysis
The Department of the Treasury is developing a more formalized approach for approving Fannie Mae’s and Freddie Mac’s debt issuances. Although the Department of the Treasury has traditionally used its approval authority merely to coordinate the timing of debt issuances, the department may seek to regulate the amount of debt that Fannie Mae and Freddie Mac may issue. This report analyzes the Department of the Treasury’s legal authority over Fannie Mae and Freddie Mac and concludes that a court would likely hold that the department possesses the power to regulate the amount of debt issued by...
Possible Indexation of the Federal Minimum Wage: Evolution of Legislative Activity
Indexation of the minimum wage (linking the minimum wage to an outside economic variable) in a variety of forms has been a subject of discussion at least since the early years of the 20th century. When early proponents of a wage floor began to consider the matter as public policy within the United States, they established a series of state wage boards. These boards were given the authority to fix a reasonable rate below which most workers were not permitted to be paid. The powers of the boards varied from one state to the next and, where they were reasonably effective, there was the...
This report discusses the energy development reform and energy production from public lands.
High Wheat Prices: What Are the Issues?
The U.S. Department of Agriculture (USDA) projects the U.S. season-average farm price (SAFP) received for all wheat in the 2007/08 marketing year (June to May) to be in the $6.45 to $6.85 per bushel range. The range midpoint exceeds the previous U.S. record of $4.55 (in 1995/96) by 46%. During the past 30 years, the all-wheat SAFP has stayed within a range of $2.42 to $4.55, while averaging $3.33 per bushel. USDA projects a replenishment of U.S. and global supplies in 2008 (assuming normal weather conditions) to moderate market prices in the latter half of 2008. However, prices are likely...
Cuba’s Political Succession: From Fidel to Raúl Castro
Cuba’s political succession from Fidel Castro to his brother Raúl has been characterized by a remarkable degree of stability. On February 24, 2008, Cuba’s legislature selected Raúl as President of the 31-member Council of State, a position that officially made him Cuba’s head of government and state. Most observers expected this since Raúl already had been heading the Cuban government on a provisional basis since July 2006 when Fidel stepped down as President because of poor health. On February 19, 2008, Fidel had announced that he would not accept the position of President of the Council...
U.S. International HIV/AIDS, Tuberculosis, and Malaria Spending: FY2004-FY2008
On January 28, 2003, during his State of the Union Address, President George Bush proposed that the United States spend $15 billion over five years to combat HIV/AIDS, tuberculosis (TB), and malaria through the President’s Emergency Plan for AIDS Relief (PEPFAR). The President proposed that most of the spending on PEPFAR programs be concentrated in 15 countries. Of the $15 billion, the President suggested spending $9 billion on prevention, treatment, and care services in the 15 Focus Countries, where the Administration estimated 50% of all HIV-positive people lived. The President also...
Election Reform and Local Election Officials: Results of Two National Surveys
Local election officials (LEOs) are critical to the administration of federal elections and the implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252). Two surveys of LEOs were performed, in 2004 and 2006, by Texas A&M University; the surveys were sponsored and coordinated by CRS. Although care needs to be taken in interpreting the results, they may have implications for several policy issues, such as how election officials are chosen and trained, the best ways to ensure that voting systems and election procedures are sufficiently effective, secure, and voter-friendly,...
Congressional Authority to Limit U.S. Military Operations in Iraq
On October 16, 2002, President Bush signed the Authorization for Use of Military Force Against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. In April, 2007, however, Congress passed a supplemental appropriations bill to fund the war that contained conditions and a deadline for ending some military operations. The President vetoed the bill, arguing in part that some of its provisions are unconstitutional....
Some constituencies are urging Congress to allow insurers to become federally regulated, like banks. Other constituencies are urging Congress to instead ratify its 1945 delegation of insurance regulation to the states. In the past few years, various pieces of legislation have been introduced to implement some form of federal charter for insurance companies. The latest such legislation is the National Insurance Act of 2007 (S. 40 and H.R. 3200).
How to protect insurance policyholders in the event of their insurer’s insolvency is among the thorniest issues in insurance regulation, whether...
Compact Fluorescent Light Bulbs (CFLs): Issues with Use and Disposal
Compact fluorescent light bulbs (CFLs), a smaller version of fluorescent tubes, are produced with technology that allows them to fit into standard lighting products such as lamps and ceiling fixtures. The bulbs use one-fifth to one-quarter the energy and can last 10 times longer than traditional incandescent light bulbs. These factors have led to a significant increase in the sales of CFLs. According to the U.S. Environmental Protection Agency (EPA), CFL sales doubled in 2007 and now represent 20% of the U.S. light bulb market. Sales may be expected to increase with the implementation of...
Grassroots Lobbying: Constitutionality of Disclosure Requirements
The disclosure by professional lobbyists and commercial lobbying firms of expenditures or payments for “grassroots” lobbying campaigns continues to be an issue of importance to reformers both inside and outside of Congress. Legislative proposals, such as S. 1, 110th Congress and H.R. 4682, 109th Congress, had originally sought to extend public reporting requirements for some paid activities intended to stimulate “grassroots” lobbying. The lobbying and ethics reform legislation eventually enacted into law in 2007, the “Honest Leadership and Open Government Act of 2007” (P.L. 110-81,121...
The National Telecommunications and Information Administration (NTIA): Budget, Programs, and Issues
For FY2009, the Bush Administration has proposed a budget of $19.2 million for NTIA, with this money going towards administrative functions. There would be no funding under another NTIA program, which supports public telecommunications facilities planning and construction. Under the FY2008 enacted appropriation (P.L. 110-161) NTIA is funded at $36.3 million, which was $3.3 million below the FY2007 enacted and $17.7 million above the President’s request. There are two major components to the NTIA appropriated budget (a third program, which is a revolving fund based on spectrum auctions, is...
House Committees: Assignment Process
Committee assignments often determine the character of a Member's career. They are also important to the party leaders who organize the chamber and shape the composition of the committees. House rules identify some procedures for making committee assignments; Republican Conference and Democratic Caucus rules supplement these House rules and provide more specific criteria for committee assignments. This report describes these procedures and the basic functions of committee assignment in the House of Representatives.
Mexico, a major drug producing and transit country, is the main foreign supplier of marijuana and a major supplier of methamphetamine to the United States. Although Mexico accounts for only a small share of worldwide heroin production, it supplies a large share of heroin consumed in the United States. An estimated 90% of cocaine entering the United States transits Mexico. Violence in the border region has affected U.S. citizens and more than 60 Americans have been kidnapped in Nuevo Laredo. In July 2007, Mexican drug cartels reportedly threatened to kill a U.S. journalist covering drug...
House Committees: Assignment Process
Committee assignments often determine the character of a Member’s career. They are also important to the party leaders who organize the chamber and shape the composition of the committees. House rules identify some procedures for making committee assignments; Republican Conference and Democratic Caucus rules supplement these House rules and provide more specific criteria for committee assignments.
Information on the number of, and limitations on, assignments is provided in CRS Report 98-151, House Committees: Categories and Rules for Committee Assignments, by Judy Schneider. In general,...
Energy Independence and Security Act of 2007: A Summary of Major Provisions
The Energy Independence and Security Act (P.L. 110-140, H.R. 6) is an omnibus energy policy law that consists mainly of provisions designed to increase energy efficiency and the availability of renewable energy. This report describes the key provisions of the enacted law, summarizes the legislative action on H.R. 6, and provides a summary of the provisions under each of the titles in the law.
The highlights of key provisions enacted into law are as follows:
Corporate Average Fuel Economy (CAFE). The law sets a target of 35 miles per gallon for the combined fleet of cars and light trucks by...
ERISA’s Impact on Medical Malpractice and Negligence Claims Against Managed Care Plans
The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. To avoid the inconsistent regulation of employee benefit plans by state laws, ERISA preempts “any and all” state laws as they relate to any employee benefit plan. The effect of ERISA preemption on the ability to bring state medical malpractice and negligence claims against health insurers, namely health maintenance organizations (HMOs), has caused concern among participants who seek the generally larger...
FDA Fast Track and Priority Review Programs
By statutory requirements and by regulation, guidance, and practice, the Food and Drug Administration (FDA) works with several overlapping yet distinct programs to get to market quickly new drug and biological products that address unmet needs. FDA most frequently uses three mechanisms for that purpose: Accelerated Approval, Fast Track, and Priority Review. The first two affect the development process before a sponsor submits a marketing application. Accelerated Approval allows surrogate endpoints in trials to demonstrate effectiveness and is relevant in fewer situations than the others....
Nuclear, Biological, and Chemical Weapons and Missiles: Status and Trends
The United States has long recognized the dangers inherent in the spread of nuclear, biological, and chemical (NBC) weapons, and missiles. This report, which analyzes NBC weapons programs potential threat patterns around the globe, is updated as needed.
The total number of nuclear, biological, and chemical weapons in the world is shrinking as the major powers scale back their inventories through unilateral reductions and arms control, but other countries and groups still try to acquire these weapons. There are five established nuclear weapon states (China, France, Russia, the United...
On January 4, 2007, the House adopted new internal rules to prohibit the receipt of most gifts by Members and staff from lobbyists, foreign agents, and most of their private clients. Additionally, the new House Rules placed more restrictions and requirements on the acceptance from outside private sources of travel expenses for “officially connected” travel by Members and staff. Such restrictions are designed specifically to further limit the participation and involvement of lobbyists, foreign agents, or their clients in such travel events, and to provide for more transparency and...
Homeland Security Department: FY2008 Appropriations
This report describes the FY2008 appropriations for the Department of Homeland Security (DHS). The Administration requested a net appropriation of $35.5 billion in net budget authority for FY2008. The requested net appropriation for major components of the department included the following: $8,783 million for Customs and Border Protection (CBP); $4,168 million for Immigration and Customs Enforcement (ICE); $3,608 million for the Transportation Security Administration (TSA); $8,457 million for the U.S. Coast Guard; $1,399 million for the Secret Service; $1,047 for the National Protection...
Poland’s New Government: Background and Issues for the United States
After a governmental deadlock caused by intra-coalition squabbling, Poland held snap parliamentary elections on October 21, 2007; the vote was seen by many as a referendum on the governing style and policies of the then-ruling Law and Justice party. Under that government, the presidency and prime minister’s post were held by twin brothers Lech and Jaroslaw Kaczynski. Their government’s nationalist policies caused controversy domestically and in the international arena as well. Many observers believe that under the new center-right Civic Alliance-led government, domestic policies will...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2008 Appropriations
The FY2008 Transportation, Housing and Urban Development, and Related Agencies appropriations bill (THUD) provides funding for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and five independent agencies related to these two departments.
The Bush Administration requested $100.3 billion (after scorekeeping adjustments) for FY2008, an increase of $300 million (less than 1%) over FY2007. DOT would receive $64.5 billion, $1.3 billion more than provided in FY2007. HUD would receive $35.6 billion, $1.0 billion less than provided in FY2007.
A...
Genetic Exceptionalism: Genetic Information and Public Policy
This report provides an overview of the nature of genetic information and its implications for individuals, family, and society. Individuals utilize genetic information to guide health care and other decisions, when possible, and may experience anxiety as a result of genetic test results. Genetic test results for an individual may often be informative for other close family members and thus influence their care decisions. Society must grapple with the effect genetic information may have on our conception of disease, as well as its impact on issues like privacy and equity. The report ends...
On August 5, 2007, P.L. 110-55, the Protect America Act of 2007, was signed into law by President Bush, after having been passed by the Senate on August 3 and the House of Representatives on August 4. The measure, introduced by Senator McConnell as S. 1927 on August 1, makes a number of additions and modifications to the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended, 50 U.S.C. §§ 1801 et seq., and adds additional reporting requirements. As originally passed, the law was to sunset in 180 days, on February 1, 2008. On January 29, 2008, both the House and the Senate passed...
How Large is China’s Economy? Does it Matter?
China’s rapid economic growth since 1979 has transformed it into a major economic power. Over the past few years, many analysts have contended that China could soon overtake the United States to become the world’s largest economy, based on estimates of China’s economy on a “purchasing power parity” (PPP) basis, which attempts to factor in price differences across countries when estimating the size of a foreign economy in U.S. dollars. However, in December 2007, the World Bank issued a study that lowered its previous 2005 PPP estimate of the size of China’s economy by 40%. If these new...
“Wounded Warrior” and Veterans Provisions in the FY2008 National Defense Authorization Act
This report summarizes provisions in Division A, Titles XVI and XVII, of the National Defense Authorization Act for Fiscal Year 2008, P.L. 110-181, signed by the President on January 28, 2008. Titles XVI and XVII address matters related to the care and treatment of servicemembers and former servicemembers (i.e., veterans) who were wounded, or who contracted an illness, while serving on active duty. These individuals are widely referred to as “wounded warriors.”
Provisions in the act reflect congressional concern about the quality and availability of medical, mental health, and dental care...
Earmarks Executive Order: Legal Issues
On January 29, 2008, President George W. Bush signed Executive Order 13,457, “Protecting American Taxpayers from Government Spending on Wasteful Earmarks.” The order states that it is the policy of the federal government “to be judicious in the expenditure of taxpayer dollars.” In order “[t]o ensure the proper use of taxpayer funds,” the order provides that the number and cost of earmarks should be reduced, that their origin and purposes should be transparent; and that they should be included in the text of bills voted upon by Congress and presented to the President. For appropriations...
Smart Grid Provisions in H.R. 6, 110th Congress
The term Smart Grid refers to a distribution system that allows for flow of information from a customer’s meter in two directions: both inside the house to thermostats and appliances and other devices, and back to the utility. This could allow appliances to be turned off during periods of high electrical demand and cost, and give customers real-time information on constantly changing electric rates. Efforts are being made in both industry and government to modernize electric distribution to improve communications between utilities and the ultimate consumer. The goal is to use advanced,...
Military Retirement, Concurrent Receipt, and Related Major Legislative Issues
The military retirement system includes benefits for retirement after an active or reserve military career, disability retirement, and survivor benefits for eligible survivors of deceased retirees.
The change to the system that has generated the most recent legislative activity involves whether some or all military retirees should be allowed to receive both military retired pay and any VA disability compensation to which they are otherwise entitled; this is referred to as “concurrent receipt.” Until 2004, the law provided that military retired pay had to be reduced by the amount of VA...
Active Military Sonar and Marine Mammals: Events and References
This report summarizes legal and political events related to active sonar and marine mammals since 1994. The report discusses the deployment of active sonar by the U.S. Navy and its potential impacts on marine mammals has been an ongoing issue of intense debate; regulatory, legislative, and judicial activity; and international concern.
Air Quality: Multi-Pollutant Legislation in the 110th Congress
With the prospect of new layers of complexity being added to air pollution controls, and with electricity restructuring putting a premium on economic efficiency, interest is being expressed in finding mechanisms to achieve health and environmental goals in simpler, more cost-effective ways. The electric utility industry is a major source of air pollution, particularly sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury (Hg), as well as unregulated greenhouse gases, particularly carbon dioxide (CO2). At issue is whether a new approach to environmental protection could achieve the...
Presidential Transitions: Background and Federal Support
This report discusses the Presidential Transition Act, which authorizes funding for the General Services Administration (GSA) to provide suitable office space, staff compensation and other services associated with the transition process.
Section 527 Political Organizations: Background and Issues for Federal Election and Tax Laws
Several prominent groups organized under § 527 of the Internal Revenue Code (IRC) were prominent players in the 2004 presidential election, raising and spending approximately $435 million and being widely seen as having an impact on the outcome of the race. Yet, some so-called “527” organizations remain outside the purview of federal election law. Section 527, added to the IRC in 1975, provides tax-exempt status to federal, state, and local political organizations. At first, it was generally thought that, with respect to federal election activities, political organizations correlated...
Ship Navigation in Harbors: Safety Issues
On November 7, 2007, a container ship collided with a tower of the San Francisco-Oakland Bay Bridge, spilling 58,000 gallons of the ship’s bunker fuel into the Bay. The incident has raised questions about the role of maritime pilots and vessel traffic services (VTSs) in preventing accidents in U.S. harbors, such as: Is there a need for further independent oversight of pilot performance? Could VTSs operate more like Air Traffic Control centers? Should the pilot and ship captain be required to agree on a passage plan before transiting a harbor?
Because of the additional challenges of...
Improvised Explosive Devices (IEDs) in Iraq and Afghanistan: Effects and Countermeasures
Since October 2001, improvised explosive devices (IEDs, roadside bombs, and suicide car bombs) have been responsible for many of the combat deaths in Iraq and Afghanistan. Vehicle-borne IEDs and car bombs are now used to strike police stations, markets, and mosques, killing local citizens as well as U.S. troops. U.S. forces counter the devices through utilizing intelligence sources, and by disrupting portions of the radio spectrum that insurgents use to trigger IEDs. Insurgents quickly adapt to countermeasures, and new, more sophisticated IEDs are increasingly being used in both Iraq and...
On November 15, 2007, the House of Representatives passed H.R. 3773, the RESTORE Act of 2007. On October 26, 2007, Senator Rockefeller reported S. 2248, the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or the FISA Amendment Act of 2007, an original bill, from the Senate Select Committee on Intelligence. On November 16, 2007, S. 2248 was reported out of the Senate Judiciary Committee by Senator Leahy with an amendment in the nature of a substitute. On December 17, 2007, the Senate considered a motion to proceed with consideration of S. 2248. Cloture on the motion to...
Early Childhood Care and Education Programs in the 110th Congress: Background and Funding
Federal support for child care and education comes in many forms, ranging from grant programs to tax provisions. Some programs serve as specifically dedicated funding sources for child care services (e.g., the Child Care and Development Block Grant, or CCDBG) or education programs (e.g., Elementary and Secondary Education Act, Title I, Part A; Early Reading First; Even Start; the 21st Century Community Learning Centers Program; the Early Childhood Educator Professional Development program; and the Individuals with Disabilities Education Act—Preschool Grants program and Infants and Toddlers...
Title VII Health Professions Education and Training: Issues in Reauthorization
In 1963, responding to projections of an impending physician shortage, Congress passed the Health Professions Educational Assistance Act (P.L. 88-129). This act was the first comprehensive legislation to address the supply of health care providers. Relevant programs, authorized in Title VII of the Public Health Service Act (PHSA), have evolved in subsequent reauthorizations, to provide grants to institutions for primary care curriculum and faculty development, scholarships and loans to individuals training in certain health professions, and other programs. Title VII programs are...
P.L. 110-173: Provisions in the Medicare, Medicaid, and SCHIP Extension Act of 2007
On December 29, 2007, the President signed S. 2499, the Medicare, Medicaid, and SCHIP Extension Act of 2007 (P.L. 110-173). This Act was passed by the House on December 19, 2007, and by a voice vote in the Senate on December 18, 2007. The Act makes changes to the nation’s three major health programs, Medicare, Medicaid, and the State Children’s Health Insurance Program (SCHIP), as well as other federally funded programs.
The most prominent provisions in the Act were to (1) suspend the Medicare physician payment cut scheduled to take effect and (2) provide SCHIP funding through March 2009....
Food Safety: Provisions in the Food and Drug Administration Amendments Act of 2007
This report reviews the food safety provisions of the statute of the Food and Drug Administration Amendments Act of 2007, their history, and certain issues surrounding their passage.
Surface Transportation Congestion: Policy and Issues
Surface transportation congestion most likely will be a major issue for Congress as it considers reauthorization of the Safe, Accountable, Flexible, Efficient Transportation Equity Act—A Legacy for Users (SAFETEA), P.L. 109-59, which is set to expire on September 30, 2009. By many accounts, congestion on the nation’s road and railroad networks, at seaports and airports, and on some major transit systems is a significant problem for many transportation users, especially commuters, freight shippers, and carriers. Indeed, some observers believe congestion has already reached crisis...
Managing Electronic Waste: An Analysis of State E-Waste Legislation
Pursuant to the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental Protection Agency (EPA) has established regulations regarding the disposal of hazardous wastes. Although there are federal requirements under RCRA for the management of hazardous waste, some states have opted to implement more stringent requirements—particularly with regard to the management of certain hazardous wastes generated by households and small businesses (entities that are essentially exempt from RCRA’s hazardous waste management requirements).
One category of household hazardous waste that many...
Reading First: Implementation Issues and Controversies
The Reading First program was authorized as part of the Elementary and Secondary Education Act (ESEA) through the No Child Left Behind Act of 2001 (NCLBA). The NCLBA was signed into law on January 8, 2002, and will expire at the end of FY2008 (including the automatic General Education Provisions Act one-year extension). It is expected that the 110th Congress will consider legislation to reauthorize the ESEA.
Reading First was drafted with the intent of incorporating scientifically based reading research (SBRR) on what works in teaching reading to improve and expand K-3 reading programs to...
Dormant Commerce Clause and State Treatment of Tax-Exempt Bonds
Most states exempt from state income taxes the interest earned on bonds issued by that particular state and its political subdivisions, while taxing the interest earned on bonds issued by other states and their political subdivisions. Some argue that these state tax schemes violate the Commerce Clause by discriminating against out-of-state bonds. Courts in two states have examined this issue. On November 5, 2007, the U.S. Supreme Court heard oral arguments in one of these cases, Department of Revenue of Kentucky v. Davis.
Prescription Drug Coverage Under Medicaid
Medicaid is a joint federal-state entitlement program that pays for medical services on behalf of certain groups of low-income persons. It is the third largest social program in the federal budget, exceeded only by Social Security and Medicare and is typically the second largest spending item for states. This report discusses prescription drug policies under the program.
The FY2008 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing military operations in Iraq and Afghanistan in support of what the Bush Administration terms the Global War on Terror, along with the emerging operational role of the Reserve Components, have further heightened interest and support for a wide range of military personnel policies and issues.
CRS selected a number of issues addressed by Congress as it considered the FY2008 National Defense Authorization Act (H.R. 1585/S. 1547/H.R. 4986). In each case, a brief synopsis is...
General Overview of U.S. Copyright Law
This report provides a general overview of copyright law and briefly summarizes the major provisions of the U.S. Copyright Act.
Trade Capacity Building: Foreign Assistance for Trade and Development
Trade capacity building (TCB) is a form of development assistance provided by the United States and other donors to help developing countries participate in and benefit from global trade. In addition to helping developing countries negotiate and implement trade agreements, TCB includes development assistance for agricultural development, customs administration, business training, physical infrastructure development, financial sector development, and labor and environmental standards. Some experts believe that TCB is necessary for developing countries to adjust to trade liberalization and...
Federal Research and Development Funding: FY2008
The Consolidated Appropriations Act, 2008 (P.L. 110-161) was the measure used by Congress and the President to wrap up action on the regular appropriations acts in late 2007. On December 19, 2007, Congress completed action on the act, and it was signed into law by President Bush on December 26, 2007. Previously, action had been completed on only one of the regular appropriations acts, the Defense Appropriations Act, FY2008 (P.L. 110-116) which was signed into law by President Bush on November 13, 2007. The Consolidated Appropriations Act, 2008 provides appropriations covered in the eleven...
Private waste haulers and Canadian cities—including the city of Toronto—ship large quantities of waste to the United States. About four million tons (as many as 400 truckloads a day) have been shipped annually since 2004, according to receiving states. Nearly three-quarters of this waste has gone to two large landfills near Detroit.
The influx of waste has been highly controversial, in part because the ability of state and local governments to restrict it is limited. Under court rulings concerning the U.S. Constitution’s Commerce Clause, only Congress can authorize restrictions that...
Residence Restrictions for Released Sex Offenders
This report analyzes the issue of residence restriction laws for released sex offenders by briefly examining provisions of the Adam Walsh Act; identifying and comparing residence restriction laws in a number of states; discussing the impact of residence restriction laws on sex offenders, law enforcement and the public; presenting arguments in support of and against residence restriction laws; and reviewing some alternative proposals for monitoring released sex offenders..
Superfund Taxes or General Revenues: Future Funding Issues for the Superfund Program
This report discusses the role of dedicated taxes and other sources of revenue in funding the Hazardous Substance Superfund Trust Fund. Congress makes annual appropriations to the Environmental Protection Agency (EPA) from this trust fund and from general Treasury revenues for the purpose of supporting the Superfund program. The Superfund program addresses both short-term (emergency) and long-term cleanup activity of hazardous substances at contaminated sites.
Three dedicated taxes (on petroleum, chemical feedstocks, and corporate income) historically provided the majority of the trust...
Military Construction, Veterans Affairs, and Related Agencies: FY2008 Appropriations
The President submitted his FY2008 appropriations request to Congress on February 5, 2007, including $105.2 billion for programs covered in this appropriations bill: $21.2 billion for Title I (military construction and family housing); $83.9 billion for Title II (veterans affairs); and $163 million for Title III (related agencies). With no regular appropriation passed or enacted for FY2007, this must be compared with the combined totals of the subsequent continuing resolutions and emergency supplemental appropriations: $17.9 billion for Title I; $79.6 billion for Title II; and $149 million...
Interior, Environment, and Related Agencies: FY2008 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for two agencies within other departments—the Forest Service within the Department of Agriculture and the Indian Health Service (IHS) within the Department of Health and Human Services. It also includes funding for arts and cultural agencies, the Environmental Protection Agency, and numerous other entities.
The Consolidated Appropriations Act for FY2008 (P.L. 110-161) included $26.89 billion for Interior, Environment, and...
Sub-Saharan Africa (“Africa” hereafter) has been more severely affected by AIDS than any other world region. In 2007, the United Nations reports, there were about 22.5 million HIV-positive persons in Africa, which has nearly 12% of the world’s population but about 68% of the global total of infected persons. The adult rate of infection in Africa in late 2005 was 6.1%, compared with 1% worldwide, but had dropped to 5% by 2007, compared to .8% worldwide. Nine southern African countries have infection rates above 10%. In 2007, 35% of all people living globally with HIV lived in Southern...
The Navy is proposing to maintain in coming years a Navy with 31 amphibious ships and an additional squadron of 14 Maritime Prepositioning Force (Future), or MPF(F), ships. The MPF(F) squadron is intended to implement a new operational concept called sea basing, under which forces would be staged at sea and used to conduct expeditionary operations ashore with little or no reliance on nearby land bases.
The Navy’s proposed FY2008 budget requests $1,398.3 million in procurement funding for a ninth San Antonio (LPD-17) amphibious ship to be procured in FY2008. The Navy estimates the total...
Homeland Security and Labor-Management Relations: NTEU v. Chertoff
The Homeland Security Act of 2002 grants the Secretary of Homeland Security and the Director of the Office of Personnel Management (“OPM”) authority to develop a separate human resources management system for the employees of the Department of Homeland Security (“DHS”). On February 1, 2005, final regulations to define and implement the new system were published in the Federal Register. Shortly after the regulations were issued, the National Treasury Employees Union (“NTEU”) and several other labor organizations filed a lawsuit alleging that DHS and OPM exceeded the authority granted to...
The Egypt-Gaza Border and its Effect on Israeli-Egyptian Relations
Since Israel unilaterally dismantled its settlements and withdrew its troops from the Gaza Strip in August 2005, it has repeatedly expressed concern over the security of the Egypt-Gaza border. Israel claims that ongoing smuggling of sophisticated weaponry into the Gaza Strip could dramatically strengthen the military capabilities of Hamas, which seized control of the Gaza Strip in 2007. Israel also charges that Egypt is not adequately sealing its side of the border, citing the recent breakthrough of hundreds of thousands of Palestinians who rushed into Egypt on January 23, 2008 and...
U.S. Sentencing Commission’s Decision on Retroactivity of the Crack Cocaine Amendment
In May 2007, the U.S. Sentencing Commission submitted to Congress several amendments to the Federal Sentencing Guidelines, one of which had the effect of lowering the recommended penalties for crack cocaine offenses committed by criminal defendants sentenced after November 1, 2007. One of the stated purposes of this “crack cocaine amendment” was to alleviate some of the problems associated with the “100-to-1” drug quantity ratio in the federal drug trafficking laws that made crack cocaine defendants subject to the same sentence as those defendants trafficking in 100 times more powder...
Agriculture and Related Agencies: FY2008 Appropriations
The agriculture appropriations bill includes all of the U.S. Department of Agriculture (USDA), except the Forest Service, plus the Food and Drug Administration. Jurisdiction for the Commodity Futures Trading Commission (CFTC) remains with the House agriculture appropriations subcommittee, but was moved to the Senate financial services subcommittee in FY2008.
The FY2008 agriculture appropriations bill was combined with 10 other appropriations bills into the Consolidated Appropriations Act, 2008 (P.L. 110-161). The consolidated bill passed the House on December 17, 2007, passed the Senate on...
Alternative Fuels and Advanced Technology Vehicles: Issues in Congress
This report provides an overview of current issues surrounding alternative fuels and advanced technology vehicles.
The World Trade Organization: Background and Issues
The World Trade Organization (WTO) was established on January 1, 1995, under an agreement reached during the Uruguay Round of multilateral trade negotiations. The Uruguay Round was the last of a series of periodic trade negotiations held under the auspices of the WTO’s predecessor, the General Agreement on Tariffs and Trade (GATT).
The WTO is the most important international organization that governs world trade. Decisions are made by the member countries. The WTO has 151 members and 31 observer governments (most of which have applied for membership), and members represent over 95% of...
Energy and Water Development: FY2008 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation (BOR), the Department of Energy (DOE), and a number of independent agencies.
Key budgetary issues involving these programs include
the distribution of Army Corps of Engineers appropriations across the agency’s authorized construction and maintenance activities (Title I);
support of major ecosystem restoration initiatives, such as Florida Everglades (Title I) and California “Bay-Delta” (CALFED) (Title...
Section 6086 of the Deficit Reduction Act of 2005, (DRA, P.L. 109-171), established a optional Medicaid benefit giving states a new method with which to cover home- and community-based (HCBS) services for Medicaid beneficiaries, starting in January 2007. Prior to DRA’s enactment, states needed HCBS waivers authorized in Section 1915(c) of the Social Security Act (SSA) to cover these services. The HCBS-state plan optional benefit, Section 1915(i), differs from both existing Medicaid state plan benefits and Section 1915(c) waivers. This report outlines requirements of the new 1915(i) benefit...
Passenger Rail Security: Issues and Legislation in the 110th Congress
Bombings of passenger trains in Europe and Asia in the last few years have demonstrated the vulnerability of passenger rail systems to terrorist attack. The number of riders and access points makes it impractical to subject all rail passengers to the type of screening airline passengers undergo. Nevertheless, steps can be taken to reduce the risks of terrorist attacks.
The 9/11 Commission called for a systematic analysis of transportation assets, the risks to those assets, and the costs and benefits of different approaches to defending those assets. The commission also called for homeland...
On September 26, 2006, President Bush signed S. 2590, the Federal Funding Accountability and Transparency Act, into law (P.L. 109-282). In an attempt to expand oversight of federal spending, including earmarks, the new law required the Office of Management and Budget (OMB) to establish a publicly available online database containing information about entities that are awarded federal grants, loans, contracts, and other forms of assistance. Federal agencies award over $880 billion dollars annually in three of the primary categories of financial assistance to be included in the database—$470...
State, Foreign Operations, and Related Programs: FY2008 Appropriations
The annual State, Foreign Operations and Related Agencies appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. international affairs budget and influences executive branch foreign policy making in general. Funding for Foreign Operations and State Department/Broadcasting programs has been steadily rising since FY2002, and amounts approved for FY2004 in regular and supplemental bills reached an unprecedented level compared with the past 40 years. Emergency supplementals enacted since the September 11, 2001, terrorist attacks to assist the front-line...
Military Forces: What Is the Appropriate Size for the United States?
For several years, some Members of Congress and many military analysts have argued that the U.S. Armed Forces are too small to adequately meet all the requirements arising after the Cold War, particularly with the advent of the Global War on Terrorism (GWOT). In January 2004, the Department of Defense acknowledged a problem by temporarily adding 30,000 troops to the authorized active duty end strength of the Army. Congress addressed the issue by raising ground force statutory end strengths in the FY2005 defense authorization bill (P.L. 108-375), the FY2006 bill (P.L. 109-163), and again in...
Trade in agricultural products frequently is one of the more difficult issues negotiators face in concluding free trade agreements (FTAs). While U.S. negotiators seek to eliminate barriers to U.S. agricultural exports, they also face pressures to protect U.S. producers of import sensitive commodities (i.e., beef, dairy products, sugar, among others). FTA partner country negotiators face similar pressures. One U.S. objective is for FTAs be comprehensive (i.e., cover all products). For the more import-sensitive agricultural commodities, negotiators have agreed on long transition periods, or...
Potential Effect of Marriage on Supplemental Security Income (SSI) Eligibility and Benefits
Supplemental Security Income (SSI) is a major benefit program for low-income persons with disabilities and senior citizens. As a means tested program, SSI places income and resource limits on individuals and married couples for the purposes of determining their eligibility and level of benefits. To become and remain eligible to receive SSI benefits, single individuals may not have countable resources valued at more than $2,000 and married couples may not have countable resources valued at more than $3,000. Although a person’s home and car are excluded from these calculations, most other...
Countries of the World and International Organizations: Sources of Information
This report provides a selection of authoritative materials for locating information on foreign countries and international organizations. In the general information section, it presents sources giving an overview of politics, economics, and recent history. A specialized information section cites sources on human rights, immigration, international organizations, military strengths, terrorism, and other topics. Included are titles of some of the most frequently consulted bibliographic sources that are available for use in many libraries. Electronic information on foreign countries is also...
Retiring Baby-Boomers = A Labor Shortage?
The unemployment rate in 2007 averaged just 4.6%, which is low by historic standards and suggests the presence of tight labor market conditions that are related to long-running demographic trends. The oldest members of the baby-boom generation turned age 60 at the end of 2006, and every year thereafter, more of this large birth-cohort will move into the ages when workers traditionally have retired. Consequently, the business community in particular has asserted that the future supply of labor will fall short of employer demand and that U.S. economic growth and competitiveness would be put...
Ecosystem Restoration in the Great Lakes: The Great Lakes Regional Collaboration Strategy
The Great Lakes are recognized by many as an international natural resource that has been significantly altered over the past two centuries by human development. Problems in the Great Lakes include poor water quality, degraded fish and wildlife habitat, contaminated sediments, and non-native invasive species, among others. Restoration of the Great Lakes ecosystem has emerged as a top priority among a wide variety of federal, state, and local stakeholders, and among several members of Congress. In the past few decades, the U.S. Congress has enacted more than 30 federal laws specifically...
Noncitizen Eligibility For Major Federal Public Assistance Programs: Legal Concepts
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) dramatically changed noncitizen eligibility for public assistance (P.L. 104-193). For basic background on the policies involved, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends, by Ruth Ellen Wasem,. This act prohibits many classes of noncitizens, legal and illegal aliens alike, from receiving assistance. In addition, states have greater discretion in establishing eligibility for receipt of public benefits. These changes in eligibility rules have...
Federal Laws Related to Identity Theft
According to the Federal Trade Commission, identity theft is the most common complaint from consumers in all fifty states, and complaints regarding identity theft have grown for seven consecutive years. Victims of identity theft may incur damaged credit records, unauthorized charges on credit cards, and unauthorized withdrawals from bank accounts. Sometimes, victims must change their telephone numbers or even their social security numbers. Victims may also need to change addresses that were falsified by the impostor.
This report provides an overview of the federal laws that could assist...
The European Union’s Energy Security Challenges
Recent increases in energy prices and a steady escalation in global energy demand—expected to rise by nearly 60% over the next 20 years—have led U.S. policy-makers to engage in a wide ranging debate over how best to address the country’s future energy requirements. Similarly, energy security has become a policy priority for the European Union (EU) and its 27 member states. The EU imports about 50% of its energy needs. Barring significant changes, the European Commission expects this figure to rise to 65% by 2030. About half of the EU’s natural gas imports and 30% of its imported oil come...
Democracy Promotion: Cornerstone of U.S. Foreign Policy?
The Bush Administration has viewed democracy promotion as key element in its foreign policy agenda and an instrument for combatting terrorism. Given unsettled events related to elections in Pakistan and Kenya, and a recent landslide election in Taiwan for a party advocating closer ties with Mainland China, democracy promotion objectives will continue to be of interest in the American presidential campaigns and in the second session of the 110th Congress.
Arguably, the lack of a clear definition of democracy and a comprehensive understanding of its basic elements may have hampered the...
Homeland Security Advisory System: Possible Issues for Congressional Oversight
The Homeland Security Advisory System (HSAS), established on March 12, 2002, is a color-coded terrorist threat warning system administered by the Department of Homeland Security (DHS). The system, which federal departments and agencies are required to implement and use, provides recommended protective measures for federal departments and agencies to prevent, prepare for, mitigate against, and respond to terrorist attacks.
DHS disseminates HSAS terrorist threat warnings to federal departments, state and local agencies, the public, and private-sector entities. DHS, however, only provides...
Since the end of the Cold War, both NATO and the European Union (EU) have evolved along with Europe’s changed strategic landscape. While NATO’s collective defense guarantee remains at the core of the alliance, members have also sought to redefine its mission as new security challenges have emerged on Europe’s periphery and beyond. At the same time, EU members have taken steps toward political integration with decisions to develop a common foreign policy and a defense arm to improve EU member states’ abilities to manage security crises, such as those that engulfed the Balkans in the...
U.S. Occupation Assistance: Iraq, Germany, and Japan Compared
As of the end of FY2006, U.S. aid to Iraq had surpassed U.S. aid to Germany and Japan during the post-World War II occupations of those countries. This report compares aggregate data on U.S. assistance to Iraq through FY2006 with U.S. assistance to Germany and Japan during the seven years following World War II. U.S. aid allocations (all grant assistance) for Iraq appropriated from 2003 through 2006 total $35.7 billion. About $11.8 billion (33%) went for economic infrastructure assistance. The remaining $23.8 billion was targeted at bolstering Iraqi security ($15.5 billion) and traditional...
The Bush Administration is expected to submit a proposal for a civilian reserve with the February 2008 budget request. On June 1, 2006, CRS gathered a group of experts on the recruitment and deployment of civilians to peacekeeping operations, now generally referred to by the broader term “stabilization and reconstruction” operations. The purpose of the three-hour workshop was to clarify issues that might be involved in the formation of a civilian reserve force for such operations. The Bush Administration is developing proposals for a civilian reserve. Shortly before the workshop was held,...
Diplomacy for the 21st Century: Transformational Diplomacy
Many foreign affairs experts believe that the international system is undergoing a momentous transition affecting its very nature. Some, such as former Secretary of State Henry Kissinger, compare the changes in the international system to those of a century ago. Secretary of State Rice relates the changes to the period following the Second World War and the start of the Cold War. At the same time, concerns are being raised about the need for major reform of the institutions and tools of American diplomacy to meet the coming challenges. At issue is how the United States adjusts its...
The Food and Drug Administration: Budget and Statutory History, FY1980-FY2007
Considerable attention has been focused on the ability of the Food and Drug Administration (FDA) to accomplish its mission with the funds provided by congressional appropriations and user fees. FDA regulates a wide range of products valued at more than $1 trillion in the U.S. economy. The agency plays a key public health role. FDA is responsible for the safety of most foods (human and animal) and cosmetics, and it regulates both the safety and the effectiveness of human drugs, biologics (e.g., vaccines), medical devices, and animal drugs.
In congressional hearing testimony and at other...
Botnets, Cybercrime, and Cyberterrorism: Vulnerabilities and Policy Issues for Congress
Cybercrime is becoming more organized and established as a transnational business. High technology online skills are now available for rent to a variety of customers, possibly including nation states, or individuals and groups that could secretly represent terrorist groups. The increased use of automated attack tools by cybercriminals has overwhelmed some current methodologies used for tracking Internet cyberattacks, and vulnerabilities of the U.S. critical infrastructure, which are acknowledged openly in publications, could possibly attract cyberattacks to extort money, or damage the U.S....
U.S. Army and Marine Corps Equipment Requirements: Background and Issues for Congress
The United States Army and Marine Corps have been at war—first in Afghanistan and then Iraq—since November 2001. The Army’s and Marine Corps’ equipment has been employed in what has been described as “the harsh operating environments of Iraq and Afghanistan” where the heat, sand, and dust as well as operational rates “well in excess of peacetime rates” have taken a heavy toll on the Army’s and Marines’ equipment.
Re-equipping Reserve and National Guard units that, in many cases, were under-equipped to start with and then required to leave their equipment in theater also presents challenges...
Internet Search Engines: Copyright’s “Fair Use” in Reproduction and Public Display Rights
Hyperlinking, in-line linking, caching, framing, thumbnails. Terms that describe Internet functionality pose interpretative challenges for the courts as they determine how these activities relate to a copyright holder’s traditional right to control reproduction, display, and distribution of protected works. At issue is whether basic operation of the Internet, in some cases, constitutes or facilitates copyright infringement. If so, is the activity a “fair use” protected by the Copyright Act? These issues frequently implicate search engines, which scan the web to allow users to find content...
Loan Forgiveness for Public Service Employees Under the William D. Ford Direct Loan Program
The College Cost Reduction and Access Act of 2007 (CCRAA; P.L. 110-84) establishes a new loan forgiveness provision for borrowers of loans made under the William D. Ford Direct Loan (DL) program who are employed in public service jobs for 10 years during the repayment of their loans. Borrowers who make 120 monthly payments on or after October 2, 2007, according to specified repayment plan terms, while concurrently employed full-time in certain public service jobs, will have any loan balance of principal and interest remaining due after their 120th payment canceled or forgiven by the...
This report summarizes and compares the FY2007 and P.L. 110-53 Homeland Security Grant Program distribution method; it also presents an estimate of State Homeland Security Grant Program guaranteed minimum allocations for FY2008 through FY2012.
Ballistic Missile Defense: Historical Overview
For some time now, ballistic missile defense (BMD) has been a key national security priority, even though such interest has been ongoing since the end of World War II. Many current BMD technologies date their start to the 1980s, and even earlier. This effort has been challenging technically and politically controversial. For a 25-year review of the major BMD technology thrust, see CRS Report RL33240, Kinetic Energy Kill for Ballistic Missile Defense: A Status Overview, by Steven A. Hildreth.
More than $120 billion has been spent on a range of BMD programs since the mid-1980s; Congress...
Political Organizations Under Section 527 of the Internal Revenue Code
Political organizations have the primary purpose of influencing federal, state, or local elections and conducting similar activities. Those that qualify under Section 527 of the Internal Revenue Code are taxed only on certain income. Under the Code, 527 organizations are subject to reporting requirements that involve registration, the periodic disclosure of contributions and expenditures, and the annual filing of tax returns. Section 527 organizations must also comply with applicable campaign finance laws. In the 110th Congress, the 527 Transparency Act of 2007 (H.R. 1204) would change the...
To conduct foreign relations and promote the interests of their nationals located abroad, diplomatic and consular officers must be free to represent their respective States (i.e., countries) without hindrance by their hosts. Recognizing this, States receiving foreign diplomats and consular officers have long accorded such persons with certain privileges and immunities on the basis of comity, reciprocity, and international agreement. As international organizations have become increasingly important for multilateral relations and cooperation, representatives to and employees of such...
Open Source Intelligence (OSINT): Issues for Congress
Open source information (OSINT) is derived from newspapers, journals, radio and television, and the Internet. Intelligence analysts have long used such information to supplement classified data, but systematically collecting open source information has not been a priority of the U.S. Intelligence Community. In recent years, given changes in the international environment, there have been calls, from Congress and the 9/11 Commission among others, for a more intense and focused investment in open source collection and analysis. However, some still emphasize that the primary business of...
WIPO Treaty on the Protection of Broadcasting Organizations
Because existing international agreements relevant to broadcasting protections do not cover advancements in broadcasting technology that were not envisioned when they were concluded, in 1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend protection to new methods of broadcasting, but has yet to achieve consensus on a text. In recent years, a growing signal piracy problem has increased the urgency of concluding a new treaty, resulting in a decision to restrict...
International Food Aid and the 2007 Farm Bill
Legislative authority for international food aid programs in the 2002 farm bill (P.L. 107-171) expires in 2007. The 110th Congress has been considering the extension and reauthorization of food aid programs as part of the 2007 farm bill. On December 14, 2007, the Senate passed its version of the 2007 farm bill, which included reauthorization of food aid programs in Title III, the trade title. The House passed its version of the 2007 farm bill (H.R. 2419) with its version of the trade title on July 27, 2007.
International food aid is the United States’ major response to reducing global...
Haiti: Developments and U.S. Policy Since 1991 and Current Congressional Concerns
Following the first free and fair elections in Haiti’s history, Jean-Bertrand Aristide first became Haitian President in February 1991. He was overthrown by a military coup in September 1991. For over three years, the military regime resisted international demands that Aristide be restored to office. In September 1994, after a U.S. military intervention had been launched, the military regime agreed to Aristide’s return, the immediate, unopposed entry of U.S. troops, and the resignation of its leadership. President Aristide returned to Haiti in October 1994 under the protection of some...
Agricultural Exports and the 2007 Farm Bill
On December 14, 2007, the Senate passed its version of the 2007 farm bill. The House of Representatives passed its version of the 2007 farm bill (H.R. 2419) on July 27, 2007. Both bills, which would establish U.S. farm policy for 2008 through 2012, contain a trade title (Title III) that authorizes and amends U.S. Department of Agriculture (USDA) agricultural export programs and U.S. international food aid programs. This report assesses 2007 farm bill trade title provisions for U.S. agricultural export programs. (See CRS Report RL33553, Agricultural Export and Food Aid Programs, by Charles...
Georgia’s January 2008 Presidential Election: Outcome and Implications
This report discusses the campaign and results of Georgia’s January 5, 2008, presidential election and implications for Russia and U.S. interests. The election took place after the sitting president, Mikheil Saakashvili, suddenly resigned in the face of domestic and international criticism over his crackdown on political dissidents. Many observers viewed Saakashvili’s re-election as marking some democratization progress, but some raised concerns that political instability might endure and that Georgia’s ties with NATO might suffer. This report may be updated. Related reports include CRS...
Visa Issuances: Policy, Issues, and Legislation
Since the September 11, 2001 terrorist attacks, considerable concern has been raised because the 19 terrorists were aliens who apparently entered the United States with temporary visas despite provisions in immigration laws that bar the admission of terrorists. Foreign nationals not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted, with certain exceptions noted in law. The report of the 9/11 Commission maintained that border security was not considered a national security matter prior to September 11, and as a...
Hurricane Katrina: Questions Regarding the Section 8 Housing Voucher Program
Hundreds of thousands of families were displaced from their homes by Hurricane Katrina. Many of the displaced families lacked economic means before the storm; others may have become disadvantaged because of the storm. The role of the federal government in helping to meet both the short- and long-term housing needs of displaced families remains under debate within the Administration, in Congress, and in the news media, and questions persist regarding the appropriate role of the nation’s largest housing assistance program for the poor—the Section 8 voucher program—in the wake of the storm....
The Islamic Traditions of Wahhabism and Salafiyya
The terrorist attacks of September 11, 2001, and subsequent discussions of religious extremism have called attention to Islamic puritanical movements known as Wahhabism and Salafiyya. Al Qaeda leaders and their ideological supporters have advocated a violent message that some suggest is rooted in these conservative Islamic traditions. Other observers have accused Saudi Arabia, the birthplace of Wahhabism, of having disseminated religious ideology that promotes hatred and violence, targeting the United States and its allies. Saudi officials strenuously deny these allegations. This report...
Pakistan’s Scheduled 2008 Election: Background
A stable, democratic, prosperous Pakistan actively working to counter Islamist militancy is considered vital to U.S. interests. Pakistan is a key ally in U.S.-led counterterrorism efforts. The history of democracy in Pakistan is a troubled one marked by ongoing tripartite power struggles among presidents, prime ministers, and army chiefs. Military regimes have ruled Pakistan directly for 34 of the country’s 60 years in existence, and most observers agree that Pakistan has no sustained history of effective constitutionalism or parliamentary democracy. The United States has supported the...
A Legal Analysis of the “70/70” Provision of the Cable Communications Policy Act of 1984
The Federal Communications Commission (FCC or Commission) recently issued a report requesting data to aid in determining whether the so-called “70/70” test for cable market penetration has been met. Under Section 612(g) of the Cable Communications Policy Act of 1984, when 70% of households in the United States are able to subscribe to cable services of 36 channels or more and 70% of those households actually subscribe to such services, the FCC will be empowered to “promulgate any additional rules necessary to provide a diversity of information sources.” A House Report issued when the...
U.S. Nuclear Weapons: Changes in Policy and Force Structure
The Bush Administration conducted a review of U.S. nuclear weapons force posture during its first year in office. The review sought to adjust U.S. nuclear posture to address changes in the international security environment at the start of the new century. Although it continued many long-standing policies and programs, it also introduced new elements into both U.S. policy and U.S. nuclear weapons programs. This report, which will be updated as needed, provides an overview of the U.S. nuclear posture to highlight areas of change and areas of continuity.
During the Cold War, the United...
Islamic Religious Schools, Madrasas: Background
Since the terrorist attacks on September 11, 2001, the Islamic religious schools known as madrasas (or madrassahs) in the Middle East, Central, and Southeast Asia have been of increasing interest to U.S. policy makers. Some allege ties between madrasas and terrorist organizations, such as Al Qaeda, and assert that these religious schools promote Islamic extremism and militancy. Others maintain that most madrasas have been blamed unfairly for fostering anti-Americanism and for producing terrorists. This report provides an overview of madrasas, their role in the Muslim world, and issues...
Defense: FY2008 Authorization and Appropriations
The President’s FY2008 federal budget request, released February 5, 2007, included $647.2 billion in new budget authority for national defense including $483.2 billion for the regular operations of the Department of Defense (DOD), $141.8 billion for military operations in Iraq and Afghanistan, $17.4 billion for the nuclear weapons and other defense-related programs of the Department of Energy, and $4.8 billion for defense-related activities of other agencies. On July 31, 2007, the President requested an additional $5.3 billion for war-fighting costs, and on October 22 he requested an...
Legislative Branch: FY2008 Appropriations
From beginning of the fiscal year on October 1, 2007, until the enactment of the Consolidated Appropriations Act on December 26, 2007, funding for the legislative branch was provided through a series of interim continuing appropriations measures. The first, which was signed by President Bush on September 29, 2007, provided funding at FY2007 levels through November 16, 2007. Three additional continuing appropriations measures were enacted on November 13, December 14, and December 21, 2007.
Legislative branch entities requested $4.3 billion in new budget authority for FY2008. The House...
Primary Securities Fraud Liability: Stoneridge Investment v. Scientific-Atlanta, Inc.
On January 15, 2008, the United States Supreme Court issued its decision in Stoneridge Investment Partners v. Scientific-Atlanta, Inc., which was appealed from a decision by the Court of Appeals for the Eighth Circuit. The case concerned whether secondary actors who make no public statements concerning deceptive transactions engaged in by primary actors may be liable for fraud under the federal securities laws. The Court held that these secondary actors had not violated the major antifraud statute of the federal securities laws.
Veterans’ Medical Care: FY2008 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility rules. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the nation’s largest integrated...
Taiwan’s Legislative Elections, January 2008: Implications for U.S. Policy
This report discusses Taiwan’s legislative elections of January 2008, and the implication of results for U.S. policy.
Senate Committee Reports: Required Contents
When a Senate committee reports a measure to the Senate, it usually prepares a written report that describes the purposes and provisions of the measure. Senate rules and statutes specify items that must be included in committee reports. Senate committees also may include additional items in their reports. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
The WTO, Intellectual Property Rights, and the Access to Medicines Controversy
In August 2003, the World Trade Organization (WTO) reached an agreement on the use of compulsory licenses by developing countries without manufacturing capacity to access life-sustaining medicines. This agreement was incorporated as an amendment to Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement on the eve of the Hong Kong Ministerial in December 2005. The issue of access to affordable medicines is one of great concern to developing countries whose health-care systems are often overwhelmed by HIV/AIDS and other infectious diseases. Some developing countries have...
North Koreans have been crossing the border into China, many in search of refuge, since the height of North Korea’s famine in the 1990s. The State Department estimates that 30,000-50,000 North Korean refugees currently live in China (some non-governmental organizations estimate the number is closer to 300,000) and believes those who are repatriated may face punishment ranging from a few months of “labor correction” to execution. A number of reports also document the difficult conditions faced by North Koreans who remain in China. The plight of the North Koreans focuses attention not only...
Trade Policymaking in the European Union: Institutional Framework
Trade policy in the EU is made in the context of legal provisions provided by the 1957 Treaty of Rome. As part of this treaty, an institutional framework for the making of trade policy—common commercial policy—was established. Despite relatively few changes in the treaty base of the EU’s common commercial policy, its institutional framework has evolved over time as the scope of what constitutes trade policy has been a subject of continuing controversy. The roles and functions of key institutions—the European Commission, the Council of Ministers, subordinate bodies of the Council, the...
Fusion Centers: Issues and Options for Congress
Although elements of the information and intelligence fusion function were conducted prior to 9/11, often at state police criminal intelligence bureaus, the events of 9/11 provided the primary catalyst for the formal establishment of more than 40 state, local, and regional fusion centers across the country.
The value proposition for fusion centers is that by integrating various streams of information and intelligence, including that flowing from the federal government, state, local, and tribal governments, as well as the private sector, a more accurate picture of risks to people, economic...
Does the Army Need a Full-Spectrum Force or Specialized Units? Background and Issues for Congress
This report is intended to provide information that might be of interest to Congress on the current debate surrounding the creation of special U.S. Army units and organizations, which some believe are needed to address current and future security requirements. While the Army has recently changed from a division-based force to a brigade-centric force, it has resisted the creation of special units to deal with counterinsurgency, stabilization, and training/advisory operations. In contrast, there have been a number of proposals to create new units and organizations better suited to address...
North American Oil Sands: History of Development, Prospects for the Future
When it comes to future reliable oil supplies, Canada’s oil sands will likely account for a greater share of U.S. oil imports. Oil sands account for about 46% of Canada’s total oil production and oil sands production is increasing as conventional oil production declines. Since 2004, when a substantial portion of Canada’s oil sands were deemed economic, Canada, with about 175 billion barrels of proved oil sands reserves, has ranked second behind Saudi Arabia in oil reserves. Canadian crude oil exports were about 1.82 million barrels per day (mbd) in 2006, of which 1.8 mbd or 99% went to the...
This report discusses the Energy Independence and Security Act of 2007 and the key biofuels-related provisions of the final legislation.
Innovation and Intellectual Property Issues in Homeland Security
The U.S. government and private firms alike seek high technology solutions to detect and prevent future terrorist attacks, as well as to respond to any future attacks that do occur. Some concerns exist, however, that patents, trade secrets or other intellectual rights may impede the prompt, widespread and cost-effective distribution of innovations that promote homeland security. In 2001, these concerns arose with respect to pharmaceutical CIPRO, an antibiotic that treats inhalation anthrax. Some commentators called for the U.S. government to “override” a privately owned patent in order to...
The Department of Housing and Urban Development: FY2008 Appropriations
On February 5, 2007, President Bush released his FY2008 budget request, ten days before the Congress finished work on the FY2007 spending bills by approving a revised year-long continuing resolution (P.L. 110-5). The FY2007 CR funded most Department of Housing and Urban Development (HUD) programs at their FY2006 level, but with decreases for some programs, and increases for other programs. The CR provided HUD with over $36.6 billion for FY2007.
The President’s FY2008 budget requested about a billion dollar decrease in funding for HUD. It proposed to provide no new funding for several...
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887), passed by the House on December 4, 2007, continues and reenforces the anti-trafficking efforts that began with Trafficking Victims Protection Act of 2000. That legislation sought to protect the women and children most often the victims of both international and domestic trafficking with a series of diplomatic, immigration, and law enforcement initiatives. H.R. 3887 follows in its path. This report is limited to the bill’s law enforcement initiatives or more precisely its proposals to amend...
An Overview and Funding History of Select Department of Justice (DOJ) Grant Programs
The Department of Justice (DOJ) was created in June 1870, with the Attorney General as its head. Since its establishment, DOJ has expanded to include 40 agencies. The Office of Justice Programs (OJP), the Community Oriented Policing Services Office (COPS), and the Office of Violence Against Women, provide grant funds to state, local, and tribal governments for crime prevention and intervention programs as well as funding for criminal justice system improvement programs. This report discusses several DOJ grant programs administered through OJP and COPS, including the Weed and Seed, the Drug...
What Effects Did the 2001 to 2003 Tax Cuts Have on the Economy?
Recession concerns have led policymakers to consider economic stimulus legislation. These proposals have raised questions about the economic effects of past policy changes. Congress enacted major tax cuts in 2001, 2002, and 2003. The acts reduced marginal income tax rates; reduced taxes on married couples, dividends, capital gains, and on estates and gifts; increased the child tax credit; and accelerated depreciation for business investment. The tax cuts resulted in an estimated revenue loss of 0.4% of GDP in 2001, 1.1% in 2002, and 1.6% in 2003. Since government spending rose as taxes...
Peru: Political Situation, Economic Conditions and U.S. Relations
Peru, a coca-producing country in the Andean region of South America, has had a turbulent political history. Despite its tumultuous past, Peru has recently taken steps to consolidate its democracy and pursue market-friendly economic policies. For the past seven years, Peru, a leading mineral exporter, has posted some of the fastest economic growth rates in Latin America. GDP growth reached 8% in 2007. In June 2006, former president Alan García (1985-1990) was elected president in a close race. After taking office, García embraced the United States-Peru Trade Promotion Agreement (PTPA),...
Islamic Terrorism and the Balkans
In the 1990s, wars and political instability provided an opportunity for Al Qaeda and other terrorist groups to infiltrate the Balkans. However, U.S. and European peacekeeping troops, aid, and the prospect of Euro-Atlantic integration have helped to bring more stability to the region in recent years. Moreover, the September 11, 2001 attacks on the United States underscored for the countries of the region the dangers of global terrorism, and resulted in increased U.S. attention and aid to fight the terrorist threat. In part as a result, many experts currently do not view the Balkans as a...
Terrorism Risk Insurance Legislation in 2007: Issue Summary and Side-by-Side
Prior to the September 11, 2001 terrorist attacks, insurance covering terrorism losses was normally included in general insurance policies without additional cost to the policyholders. Following the attacks, both primary insurers and reinsurers pulled back from offering terrorism coverage. Because insurance is required for a variety of economic transactions, it was feared that a lack of insurance against terrorism loss would have a wider economic impact.
Congress responded to the disruption in the insurance market by passing the Terrorism Risk Insurance Act of 2002 (TRIA, P.L. 107-297, 116...
Bosnia and the European Union Military Force (EUFOR): Post-NATO Peacekeeping
On December 2, 2004, NATO formally concluded its Stabilization Force (SFOR) mission in Bosnia and Herzegovina and handed over peace stabilization duties to a European Union force (EUFOR). The mission of the EU’s Operation Althea has been to ensure continued compliance with the 1995 Dayton peace agreement and contribute to a secure environment and Bosnia’s efforts towards European integration. In 2007, the EU carried out a reconfiguration of EUFOR that reduced its strength from 6,500 to around 2,500 troops. NATO retains a small headquarters presence in Sarajevo to provide advice on defense...
The Constitutional Law of Property Rights “Takings”: An Introduction
This report introduces the Takings Clause of the Fifth Amendment: “[N]or shall private property be taken for public use, without just compensation.” The Clause, extensively explicated by the courts in recent decades, seeks to strike a balance between societal goals and the burdens imposed on property owners to achieve those goals. In filing a “taking action” in court, the property owner first must surmount threshold hurdles such as ripeness and the statute of limitations. If successful, the court then will address whether a taking occurred, the criteria depending on whether the claim is of...
Reexamining Rules: Section 610 of the Regulatory Flexibility Act
Section 610 of the Regulatory Flexibility Act (RFA) of 1980 requires each agency to develop a plan for the review of its existing rules that have or will have a “significant economic impact on a substantial number of small entities.” Agencies are required to review any new rules within 10 years of their publication as a final rule, and to provide an annual Federal Register notice of rules they have designated for review within the next 12 months. The Unified Agenda of Federal Regulatory and Deregulatory Actions is intended to be a compendium of agency rulemaking actions within the next 12...
The criminal law proposals found in H.R. 3887 as it passed the House include newly assigned sex trafficking offenses, a sex tourism offense, a coerced services offense, obstruction of justice offenses, an importation of prostitutes offense, a false statement offense, and provisions for civil liability, victim assistance, forfeiture, extraterritorial jurisdiction, Justice Department reorganization, and a model state statute.
H.R. 3887’s new sex trafficking offense would expand federal jurisdiction to reach persuasion, inducement, or enticement to engage in unlawful prostitution when it...
Court Security Improvement Act of 2007: A Legal Analysis of Public Law 110-177 (H.R. 660 and S. 378)
The proposals of the Court Security Improvement Act of 2007 (P.L. 110-177, H.R. 660 and S. 378), fall within one of four categories. One consists of amendments to existing federal criminal law. The bill increases the penalties for manslaughter committed during the course of an obstruction of justice and for witness intimidation and retaliation. It creates new federal crimes proscribing (1) the use of nuisance liens and encumbrances to harass federal officials; (2) the public disclosure of personal, identifying information concerning federal officials in order to intimidate them or incite...
Court Security Improvement Act of 2007: Public Law 110-177 (H.R. 660 and S. 378) in Brief
Early in the 110th Congress, the Chairmen of the House and Senate Judiciary Committees introduced essentially identical versions of the Court Security Improvement Act of 2007 (H.R. 660 and S. 378), which mirrored legislation that the Senate passed at the close of the 109th Congress. Each house reported (S.Rept. 110-42; H.Rept. 110-218) and passed somewhat different variations (153 Cong. Rec. S4741-742, H7466), although the basic of the legislation remains unchanged in both instances. The Senate subsequently passed H.R. 660 with slight changes, which the House accepted under suspension of...
Partial-Birth Abortion: Recent Developments in the Law
The term “partial-birth abortion” refers generally to an abortion procedure where the fetus is removed intact from a woman’s body. The procedure is described by the medical community as “intact dilation and evacuation” or “dilation and extraction” (“D & X”) depending on the presentation of the fetus. Intact dilation and evacuation involves a vertex or “head first” presentation, the induced dilation of the cervix, the collapsing of the skull, and the extraction of the entire fetus through the cervix. D & X involves a breech or “feet first” presentation, the induced dilation of the cervix,...
Regulation of Vehicle Greenhouse Gas Emissions: State and Federal Standards
This report discusses the federal Corporate Average Fuel Economy (CAFE) standards (including tighter standards enacted under P.L. 110-140) and compares them with the GHG standards under California’s law. It also identifies some factors that would have a bearing on the relative stringency of CAFE and the California program.
Digital Television: An Overview
Digital television (DTV) is a new television service representing the most significant development in television technology since the advent of color television. DTV can provide movie theater quality pictures and sound, a wider screen, better color rendition, multiple video programming or a single program of high definition television (HDTV), and other new services currently being developed. The nationwide deployment of digital television is a complex and multifaceted enterprise. A successful deployment requires the development by content providers of compelling digital programming; the...
K-12 Education: Special Forms of Flexibility in the Administration of Federal Aid Programs
Beginning with the Improving America’s Schools Act in 1994, and continuing through the Education Flexibility Partnership Act of 1999 and the No Child Left Behind Act of 2001 (NCLB), the authorization of special forms of flexibility for grantees has been a focus of federal K-12 education legislation. These flexibility authorities apply primarily to programs under the Elementary and Secondary Education Act (ESEA), the largest source of federal aid to K-12 education.
In general, federal K-12 education assistance program requirements include activities or outcomes that state or local...
Prospects for Democracy in Hong Kong: China’s December 2007 Decision
The prospects for democratization in Hong Kong became clearer following a decision of the Standing Committee of China’s National People’s Congress (NPCSC) on December 29, 2007. The NPCSC’s decision effectively set the year 2017 as the earliest date for the direct election of Hong Kong’s Chief Executive and the year 2020 as the earliest date for the direct election of all members of Hong Kong’s Legislative Council (Legco). However, ambiguities in the language used by the NPCSC have contributed to differences in interpretation of its decision. According to Hong Kong’s current Chief...
Pipelines for Carbon Dioxide (CO2) Control: Network Needs and Cost Uncertainties
Congress is considering policies promoting the capture and sequestration of carbon dioxide (CO2) from sources such as electric power plants. Carbon capture and sequestration (CCS) is a process involving a CO2 source facility, a long-term CO2 sequestration site, and CO2 pipelines. There is an increasing perception in Congress that a national CCS program could require the construction of a substantial network of interstate CO2 pipelines. However, divergent views on CO2 pipeline requirements introduce significant uncertainty into overall CCS cost estimates and may complicate the federal role,...
Proposed Federal Income Tax Exclusion for Civilians Serving in Combat Zones
Legislative proposals have been made to extend the combat zone income tax exclusion to civilian employees who are on active service in a combat zone. Under present tax law, the designation of an area as a “combat zone” confers tax benefits only to military personnel serving in the combat area. No comparable provision under present tax law provides tax relief for civilian or contract employees serving in combat. However, certain income tax exclusions exist for U.S. citizens who work overseas. As an example, the proposed combat zone exclusions in the Federal Employee Combat Zone Tax Parity...
Why is the Household Saving Rate So Low?
This report begins by showing how much the household saving rate has declined in recent years. Next, it explains how household saving is measured, and provides some detail on how saving varies across the income distribution. Finally, it discusses factors that may account for the decline in household saving, as well as how much of a policy concern the decline in household saving may be.
Most broadcast television stations’ viewing areas extend far beyond the borders of their city of license, and in many cases extend beyond state borders. Under existing FCC rules, which are intended to foster “localism,” the licensee’s explicit public interest obligation is limited to serving the needs and interests of viewers within the city of license. Yet, in many cases, the population residing in the city of license is only a small proportion of the total population receiving the station’s signal. Hundreds of thousands of television households in New Jersey (outside New York City and...
Guatemala: 2007 Elections and Issues for Congress
Alvaro Colom, of the center-left Nation Union of Hope (UNE) party, defeated right-wing candidate Otto Pérez Molina of the Patriot Party, in November 4, 2007 run-off elections. President-elect Colom will take office on January 14, 2008. No single presidential candidate won a majority of votes in the first round held on September 9, 2007, in which congressional and mayoral races were also held. The dominant issue in the campaign was security, and the 2007 election campaigns were the most violent since the return to democracy in 1985, with 56 candidates, activists, and family members killed....
Foreign Language and International Studies: Federal Aid Under Title VI of the Higher Education Act
Title VI of the Higher Education Act (HEA)—International Education Programs—authorizes a variety of grants to institutions of higher education (IHEs) and related entities to enhance instruction in foreign language and area studies (FLAS). This is one of the oldest U.S. Department of Education (ED) programs of support to higher education, having been initiated as Title VI of the National Defense Education Act of 1958. This program reflects the special priority placed by the federal government on FLAS, especially with respect to diplomacy, national security, and trade competitiveness....
Fundamental Tax Reform: Options for the Mortgage Interest Deduction
The mortgage interest deduction, which is one of the largest sources of federal tax revenue loss with an estimated annual cost of $72 billion, is intended to encourage homeownership. Empirical studies suggest that the mortgage interest deduction subsidizes mortgage lending, which has more impact on housing consumption than homeownership rates. Other homeownership subsidies, like down-payment assistance programs, are proven to be more effective at increasing homeownership among lower-income families and are less expensive than the mortgage interest deduction.
A recent enhancement to the...
This report discusses labor-management relations at the Federal Aviation Administration (FAA) and the 2006 implementation of a new labor contract on air traffic controllers. The FAA’s ability to implement the new contract with its controllers was arguably supported by a mediation procedure prescribed by federal law. Concern over the fairness of this procedure has prompted Congress to consider legislation that would allow for the use of binding arbitration to resolve negotiation impasses between the agency and the exclusive bargaining representatives of its employees. This report provides...
SCHIP Coverage for Pregnant Women and Unborn Children
The State Children’s Health Insurance Program (SCHIP) does not include pregnancy status among its eligibility criteria and does not cover individuals over age 18. Under SCHIP, states can cover pregnant women aged 19 and older in one of three ways: (1) states may apply for waivers of program rules to extend coverage to adults such as pregnant women (§1115 waiver authority); (2) states may provide health benefits coverage, including prenatal care and delivery services, to unborn children through an SCHIP state plan amendment (SPA) as permitted through regulation (Federal Register, vol. 67,...
Some analysts have questioned whether U.S. security interests in the Asia Pacific region are best served by its existing framework of bilateral alliances. The region is now facing an array of changes: deepening trade links, the formation of new regional institutions, and increased attention to the threat of Islamic terrorism. Against this backdrop, China’s rise represents the key driver in the evolving security landscape in Asia. China is now attracting regional states with its economic power and is offering competing vision to the U.S.-centric “hub and spoke” system of alliances. In...
CARICOM: Challenges and Opportunities for Caribbean Economic Integration
In 1973, the smaller, largely English-speaking countries of the Eastern Caribbean launched the Caribbean Community and Common Market (CARICOM), an integration plan intended to coordinate and enhance the collective economic and social development of 15 countries. After three decades of incremental success, CARICOM’s strategy for achieving complete economic integration now rests on implementing the Caribbean Single Market and Economy (CSME), formally established on January 1, 2006, and intended to be fully in place by 2015. CARICOM is a highly trade-dependent region undergoing major changes...
K-12 Education: Highlights of the No Child Left Behind Act of 2001 (P.L. 107-110)
On January 8, 2002, the No Child Left Behind Act of 2001, legislation to extend and revise the Elementary and Secondary Education Act (ESEA), was signed into law as P.L. 107-110. This legislation extensively amended and reauthorized most federal elementary and secondary education aid programs.
Major features of the No Child Left Behind Act of 2001 include the following: (a) states were required to implement standards-based assessments in reading and mathematics for pupils in each of grades 3-8 by the end of the 2005-2006 school year, and at three grade levels in science by the end of the...
Conditions on U.S. Aid to Serbia
Since FY2001, Congress has conditioned U.S. aid to Serbia on a presidential certification that Serbia has met certain conditions, including cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY). The second session of the 110th Congress may consider similar certification provisions in the FY2009 foreign aid legislation. Supporters of aid conditionality say such provisions may have spurred Serbia’s cooperation with the Tribunal. Serbian cooperation with the ICTY may also be affected by the status of Serbia’s Kosovo province. The Serbian government and...
The Advanced Technology Program
President Bush's FY2008 budget request did not include financing for ATP. The FY2008 Consolidated Appropriations Act, P.L. 110-161, replaces ATP with the Technology Innovation Program (TIP) and provides $65.2 million (with an additional $5 million in ATP FY2007 unobligated balances), 17.6% less than the previous fiscal year. P.L. 110- 69, the America COMPETES Act, authorized the creation of TIP.
Issues in Klamath River Dam Relicensing
PacifiCorp, a large utility in the western United States, owns and operates seven hydroelectric dams in the Klamath River basin. The dams produce 151 megawatts of electricity but they have blocked fish passage in the river, which has led environmental and fishing interests to oppose the dams.
The dams’ operating license expired on March 1, 2006. As part of the new license application, under the Federal Power Act (16 U.S.C. §811) the Departments of Interior and Commerce submitted preliminary prescriptions on dam operations and fishway construction to allow upstream and downstream fish...
Power Marketing Administrations: Background and Current Issues
The U.S. Department of Energy operates four regional power marketing administrations (PMAs)—the Bonneville Power Administration (BPA), the Southeastern Power Administration (SEPA), the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA). These agencies all operate on the principle of selling wholesale electric power with preference given to publicly or cooperatively owned utilities “at the lowest possible rates to consumers consistent with sound business practices” under the Flood Control Act of 1944 (16 U.S.C. §825s). Maintaining competitive rates...
The Budget for Fiscal Year 2008
On February 5, 2007, President Bush presented his fiscal year (FY) 2008 budget to Congress. The President’s budget predicted a deficit of $239 billion for FY2008 and a steady improvement of the federal government’s fiscal position, including a surplus of $61 billion in FY2012, the last year projected. Major proposals included large defense supplementals for FY2007 and FY2008, extensions of the expiring tax cuts, limited increases in domestic discretionary spending, and limited increases in defense spending after FY2008. The Administration also proposed a temporary halt to the expanding...
China’s “Soft Power” in Southeast Asia
China’s growing use of “soft power” in Southeast Asia—non-military inducements including culture, diplomacy, foreign aid, trade, and investment—has presented new challenges to U.S. foreign policy. By downplaying many conflicting interests and working collaboratively with countries and regional organizations on such issues as territorial disputes and trade, Beijing has largely allayed Southeast Asian concerns that China poses a military or economic threat. China’s diplomatic engagement, compared to the perceived waning or limited attention by the United States, has earned the country...
Motorcycle Safety: Recent Trends, Congressional Action, and Selected Policy Options
The U.S. Department of Transportation (DOT) has declared that motorcycle fatalities represent the nation’s greatest highway traffic safety challenge. Over the past decade, the number of passenger vehicle auto deaths has declined slightly, even as more drivers have been driving more vehicles more miles. But the number of motorcycle fatalities has more than doubled over the past decade, to 4,810 in 2006—representing 14% of all passenger vehicle occupant deaths. Annual motorcycle fatalities are now more that double the number of annual deaths from aviation, rail, marine, and pipeline...
How Crime in the United States Is Measured
Crime data collected through the Uniform Crime Reports (UCR), the National Incident-Based Reporting System (NIBRS), and the National Crime Victimization Survey (NCVS) are used by Congress to inform policy decisions and allocate federal criminal justice funding to states. As such, it is important to understand how each program collects and reports crime data, and the limitations associated with the data.
This report reviews (1) the history of the UCR, the NIBRS, and the NCVS; (2) the methods each program uses to collect crime data; and (3) the limitations of the data collected by each...
South Florida Ecosystem Restoration and the Comprehensive Everglades Restoration Plan
The Everglades, a unique network of subtropical wetlands in Florida, is half its original size. Many factors contributed to its decline, including flood control projects and agricultural and urban development. Federal, state, tribal, and local agencies collaborated to develop a Comprehensive Everglades Restoration Plan (CERP, or the plan). CERP aims to increase storage of wet season waters to augment the supplies during the dry season for both the natural system and urban and agricultural users. The plan consists of more than 60 projects estimated to take more than 30 years and $10.9...
The year 2007 has seen Pakistan buffeted by numerous and serious political crises culminating in the December 27 assassination of former Prime Minster and leading opposition figure Benazir Bhutto, who had returned to Pakistan from self-imposed exile in October. Bhutto’s killing in an apparent gun and bomb attack (the circumstances remain controversial) has been called a national tragedy for Pakistan and does immense damage to already troubled efforts to democratize the country. The assassination came just 12 days after Pakistani President Pervez Musharraf had lifted a 6-week-old emergency...
Do Budget Deficits Push Up Interest Rates and Is This the Relevant Question?
Persistent budget deficits have directed attention to their economic effect, particularly whether they raise interest rates. Any explanation of the budget deficit-interest rate relationship must first come to grips with an indisputable fact: budget deficits consume real resources, and this is the more relevant public policy concern. When the government borrows from the public to finance public spending or tax cuts, the resources must come from somewhere. In mainstream theory, the resources come from the nation’s pool of saving, which pushes up interest rates for simple supply and demand...
Food Safety: Selected Issues and Bills in the 110th Congress
A series of widely publicized incidents—from adulterated Chinese seafood imports to bacteria-tainted spinach, meat, and poultry produced domestically—have made food safety an issue in the 110th Congress. Numerous proposals were introduced in 2007 that would alter aspects of the current U.S. food safety system; some of these bills could receive consideration in 2008. This report provides an overview of the current system, highlights major issues in the debate to improve it, and describes the bills.
Reorganization of Food Safety Responsibilities. Critics believe that the current system is...
U.S. Foreign Assistance to Latin America and the Caribbean: FY2006-FY2008
Trends in U.S. assistance to the Latin America and Caribbean region generally reflect the trends and rationales for U.S. foreign aid programs globally. Aid to the region increased during the 1960s with the Alliance for Progress, and during the 1980s with aid to Central America. Since 2000, aid levels have increased, especially in the Andean region, as the focus has shifted from Cold War issues to counternarcotics and security assistance. Current aid levels to Latin America and the Caribbean comprise about 5.8% of the worldwide FY2007 aid budget, including both bilateral and multilateral...
Energy security is of increasing importance to the United States and its European allies, as some energy producers are using oil and gas for political leverage. Although most European allies believe that a market solution exists to ensure security of energy supplies, NATO has begun to discuss the issue as an allied concern. This report will be updated periodically. See also CRS Report RL33636, The European Union’s Energy Security Challenges, by Paul Belkin. (Note: this study was originally a memorandum for Senator Richard Lugar and is printed as a CRS report with his permission.)
Motor Vehicle Manufacturing Employment: National and State Trends and Issues
The 110th Congress is addressing many issues that could have a major impact on the U.S. motor vehicle manufacturing industry. This includes adopting new fuel economy standards for automobiles and light trucks (P.L. 110-140), plus consideration of legislation that may be used to help promote the manufacturing of future generations of fuel-efficient vehicles (S. 2191). This report looks at four sets of issues that have received attention in Congress or among the public more widely, with respect to employment in the U.S. motor manufacturing industry.
Iraq: Foreign Contributions to Stabilization and Reconstruction
U.S. policymakers have made securing and maintaining foreign contributions to the stabilization and reconstruction of Iraq a major priority since the preparation period for the launch of Operation Iraqi Freedom in March 2003. This report highlights and discusses important changes in financial and personnel contributions from foreign governments to Iraq since 2003.
To date, foreign donors have pledged an estimated $16.4 billion in grants and loans for Iraq reconstruction, with most major pledges originating at a major donors’ conference in Madrid, Spain, in October 2003. However, only a...
The Economics of Corporate Executive Pay
In the past ten years, the pay of chief executive officers (CEOs) has more than doubled, and the ratio of median CEO to worker pay has risen to 179 to 1. High and rising executive pay could be an issue of public concern on two different grounds. First, it is contributing to widening income inequality that may be of concern from an equity perspective. Second, it could be the result of economically inefficient labor markets. It is difficult to determine whether executive pay is excessive across the board since executives’ marginal product cannot be directly observed. An upward trend in pay...
The Retirement Savings Tax Credit: A Fact Sheet
The Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) authorized a non-refundable tax credit of up to $1,000 for eligible individuals who contribute to an IRA or an employer-sponsored retirement plan. The credit was first available in 2002, and as enacted in 2001, it would have expired after the 2006 tax year. The Pension Protection Act of 2006 (P.L. 109-280) made the retirement savings tax credit permanent. Beginning in 2007, the eligible income brackets were indexed to inflation. The maximum credit is 50% of retirement contributions up to $2,000. The credit can...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1999-2006
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 1999-2006. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 1999-2002, 2003-2006, and 2006 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 1999-2002, 2003-2006, and for 2006 alone. In addition, the report provides...
Overview of Education Issues and Programs in Latin America
The United States has long supported education programs in Latin America, and has a vested interest in promoting educational progress in the region. In the last 20 years, most Latin American countries have taken significant steps to improve their education systems, but major challenges remain. Those challenges include unequal access to education, high dropout and repetition rates, poor teacher quality, and uneven assessments and accountability systems. Regional and bilateral education assistance programs administered by the U.S. Agency for International Development (USAID) have sought to...
Aviation Congestion and Delay: System-Wide and New York-Area Issues
Aviation congestion and delay is an issue of long standing. Statistically, there was a significant increase in congestion and delay throughout the national aviation system in 2007. The situation has been especially noticeable at certain key airports, namely the New York region in general and John F. Kennedy International Airport (JFK) in particular. The Department of Transportation (DOT) and its operating agency, the Federal Aviation Administration (FAA), have promised to take actions aimed at reducing congestion and delay both in the short and long terms. In the short term, DOT is...
Across-the-Board Spending Cuts in End-of Session Appropriations Acts
This report examines the use of across-the-board spending cuts in the end-of-session appropriations acts for FY2000-FY2006 identified above, assessing the budgetary context leading to the spending cut, recounting the legislative action on the spending cut provision, and reviewing the provision’s design and implementation.
Constitutionality of the Deficit Reduction Act of 2005: Litigation
The Deficit Reduction Act of 2005 has been challenged as unconstitutional in several lawsuits. The plaintiffs have alleged that the House and Senate did not comply with the constitutional provisions relating to enacting bills because the bill that was sent to the President did not pass the chambers in identical form. All the district courts that have decided these cases have dismissed them on the basis of the enrolled bill rule enunciated by the Supreme Court in 1892. This rule provides that courts should not look behind the text of an enrolled bill signed by the presiding officers of the...
The U.S.-Australia Treaty on Defense Trade Cooperation
The United States and Australia signed a Treaty on Defense Trade Cooperation in September 2007 that would facilitate defense trade and cooperation between the two nations. On the strategic level, the treaty would further develop ties between two very close allies who have fought together in most of America’s conflicts, including most recently in Iraq and in Afghanistan. This treaty is proposed at a time when the United States has found few friends that have been willing to work as closely with the United States in its efforts to contain militant anti-Western Islamists as Australia has...
Application Process for Seeking Section 501(c)(3) Tax-Exempt Status
Charities and other entities seeking tax-exempt status as § 501(c)(3) organizations generally must apply to the Internal Revenue Service. This report provides an overview of the application process.
Opening of the International Tracing Service’s Holocaust-Era Archives in Bad Arolsen, Germany
On November 28, 2007, the International Tracing Service (ITS) opened its vast archives of materials on victims of Germany’s National-Socialist (Nazi) regime to the public, granting direct access to the archives for the first time since their establishment shortly after World War II. Access to information in the archives was previously limited to victims of Nazi crimes and their descendants, and as recently as 2006, ITS had a recorded backlog of over 400,000 requests for information. As part of its May 2006 agreement to open the archives, the 11-nation International Commission overseeing...
Russia’s December 2007 Legislative Election: Outcome and Implications
This report discusses the campaign and results of Russia’s December 2, 2007, election to the State Duma (the lower legislative chamber), and implications for Russia and U.S. interests. Many observers viewed the election as a setback to democratization. Unprecedented for modern Russia, President Vladimir Putin placed himself at the head of the ticket of the United Russia Party. This party won a majority of Duma seats, and Putin was widely viewed as gaining popular endorsement for a possible role in politics even after his constitutionally-limited second term in office ends in early 2008....
Israeli-Palestinian Peace Process: The Annapolis Conference
At the end of November 2007, the Bush Administration convened an international conference in Annapolis, MD to officially revive the Israeli-Palestinian peace process. Israeli Prime Minister Ehud Olmert and Palestinian Authority (PA) President Mahmud Abbas reached a “Joint Understanding,” in which they agreed to launch continuous bilateral negotiations in an effort to conclude a peace treaty by the end of 2008 and to simultaneously implement the moribund 2003 Performance-Based Road Map to a Permanent Two-State Solution to the Israeli-Palestinian Conflict. Both leaders are operating under...
The National Environmental Policy Act: Streamlining NEPA
In recent years, the time needed to comply with various environmental laws has been the subject of public scrutiny and debate in Congress. As a result, numerous administrative and legislative efforts (both proposed and enacted) have intended to expedite or streamline the environmental compliance process. Although methods to do so vary, streamlining measures are often proposed or implemented when the participation of multiple local, state, tribal, or federal agencies is necessary to comply with various environmental requirements. Streamlining measures may be applied to various environmental...
Advanced Vehicle Technologies: Energy, Environment, and Development Issues
Research and development of cleaner and more efficient vehicle technologies has been ongoing for the past few decades. Much of this research started in response to the oil shocks of the 1970s, which triggered concerns about rising fuel costs and growing dependence on imported fuel. The urgency of those concerns was lost as fuel prices declined in the 1980s and 1990s. At the same time, however, rising concerns about vehicle contributions to air pollution and global climate change added a new dimension to the issue. Recently, instability in world oil prices and political concerns have...
The FCC’s 10 Commissioned Economic Research Studies on Media Ownership: Policy Implications
The Federal Communications Commission (FCC or Commission) has released for public comment 10 economic research studies on media ownership that it had commissioned to provide data and analysis to support the policy debate on what ownership limitations are in the public interest. These studies also provide data and analysis useful to the on-going policy debates on how best to foster minority ownership of broadcast stations and on tiered vs. à la carte pricing of multichannel video program distribution (MVPD) services, such as cable and satellite television. The FCC also has released peer...
State Greenhouse Gas Emissions: Comparison and Analysis
Instituting policies to manage or reduce greenhouse gas (GHG) emissions would likely impact different states differently. Understanding these differences may provide for a more informed debate regarding potential policy approaches. However, multiple factors play a role in determining impacts, including alternative design elements of a GHG emissions reduction program, the availability and relative cost of mitigation options, and the regulated entities’ abilities to pass compliance costs on to consumers.
Three primary variables drive a state’s human-related GHG emission levels: population,...
In the first session of the 110th Congress, the House and the Senate passed two markedly different versions of omnibus energy efficiency and renewable energy legislation. This report compares major provisions in House-passed H.R. 3221 and Senate-passed H.R. 6. Key legislative challenges remain. First, there are significant differences between the two bills. Second, because the House and Senate have passed different measures, further action will be required in at least one chamber before a conference committee could be arranged. Third, concerns about certain oil and natural gas provisions,...
Renewable Energy Portfolio Standard (RPS): Background and Debate Over a National Requirement
Under a renewable energy portfolio standard (RPS), retail electricity suppliers (electric utilities) must provide a minimum amount of electricity from renewable energy resources or purchase tradable credits that represent an equivalent amount of renewable energy production. The minimum requirement is often set as a percentage share of retail electricity sales. More than 20 states have established an RPS, with most targets ranging from 10% to 20% and most target deadlines ranging from 2010 to 2025. Most states have established tradable credits as a way to lower costs and facilitate...
China’s 17th Communist Party Congress, 2007: Leadership and Policy Implications
The Chinese Communist Party’s 17th Congress, held from October 15 to 21, 2007, demonstrated the Party’s efforts to try to adapt and redefine itself in the face of emerging economic and social challenges while still trying to maintain its authoritarian one-Party rule. The Congress validated and re-emphasized the priority on continued economic development; expanded that concept to include more balanced and sustainable development; announced that the Party would seek to broaden political participation by expanding intra-Party democracy; and selected two potential rival candidates, Xi Jinping...
Recent Litigation Related to Royalties from Federal Offshore Oil and Gas Production
On October 30, 2007, the U.S. District Court for the Western District of Louisiana issued a ruling in Kerr-McGee Oil & Gas Corp. v. Allred that rebuffed efforts of the U.S. Department of the Interior (DOI) to collect royalties from offshore oil and gas production leases based on so-called “price thresholds” for previously granted royalty relief.
There has been considerable interest in the impact of this ruling on ongoing congressional efforts related to certain “missing” royalty payment requirements in leases issued by the Minerals Management Service (MMS) of the DOI in 1998 and 1999,...
Federal Contract Labor Standards Statutes: An Overview
In the late 1920s, following action taken in a number of states in dealing with state contracts, the federal government began development of a body of labor standards protections for workers employed by private contractors in federal contract work. The first of these statutes, the Davis-Bacon Act (1931), set basic labor standards (primarily, prevailing wage rates) for workers engaged in construction work, under contract, for the federal government. Two other major contract labor standards statutes followed: the Walsh-Healey Public Contracts Act (1936) and the McNamara-O’Hara Service...
Nuclear Warheads: The Reliable Replacement Warhead Program and the Life Extension Program
Current U.S. nuclear warheads were deployed during the Cold War. The National Nuclear Security Administration (NNSA) maintains them with a Life Extension Program (LEP). NNSA questions if LEP can maintain them indefinitely on grounds that an accretion of minor changes introduced in replacement components will inevitably reduce confidence in warhead safety and reliability over the long term.
Congress mandated the Reliable Replacement Warhead (RRW) program in 2004 “to improve the reliability, longevity, and certifiability of existing weapons and their components.” Since then, Congress has...
Brownfield Issues in the 110th Congress
The Brownfields Act authorizes the Environmental Protection Agency (EPA) to award grants for the assessment and cleanup of sites that pose a less serious threat to human health and the environment than sites addressed by the Superfund program. The authorization expired on September 30, 2006. In the 109th Congress, a reauthorization bill, H.R. 5810, was reported (H.Rept. 109-608, Part 1), but went no further. Appropriations in the last four years have been between $163 million and $170 million. The Department of Housing and Urban Development (HUD) also has a small Brownfields Program, and...
The Department of Veterans Affairs (VA) provides services and benefits to veterans who meet certain eligibility criteria. VA carries out its programs nationwide through three administrations and the Board of Veterans Appeals (BVA). The Veterans Health Administration (VHA) is responsible for veterans’ health care programs. The Veterans Benefits Administration (VBA) is responsible for providing compensation, pensions, and education assistance, among other things. The National Cemetery Administration’s (NCA) responsibilities include maintaining national veterans cemeteries.
VHA operates the...
The Davis-Bacon Act: Institutional Evolution and Public Policy
In 1931, at the urging of the Hoover Administration, Congress adopted the Davis-Bacon Act. The measure set certain minimum labor standards for workers employed in federal contract construction: notably, that contractors must pay their employees not less than the locally prevailing wage. The threshold for coverage is currently $2,000 and up. Construction crafts are divided into four components: commercial buildings, highways, residential, and heavy construction. Locality, in this case, is normally the equivalent of a county, though other options are possible. In addition, the Copeland...
Pandemic Influenza: Appropriations for Public Health Preparedness and Response
The spread of H5N1 avian influenza (“flu”), and the human deaths it has caused, raise concern that the virus could morph and cause a global human pandemic. Congress has provided specific funding for pandemic flu preparedness since FY2004, including $6.1 billion in emergency supplemental appropriations for FY2006. These funds bolster related activities to prepare for public health threats, and to control seasonal flu. This report discusses appropriations for pandemic flu, primarily to the Department of Health and Human Services (HHS), and will be updated as needed.
Superfund: Implementation and Selected Issues
Superfund is the federal government’s principal program for cleaning up the nation’s contaminated waste sites and protecting public health and the environment from releases of hazardous substances. Enacted into law as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, P.L. 96-510), the program became known as Superfund because Congress established a large trust fund—originally supported by taxes levied on specific petroleum products and chemicals—to provide the majority of the program’s funding needs. Although the 26-year-old program has seen less...
Davis-Bacon: Employment of Helpers on Federal Contract Construction
The Davis-Bacon Act of 1931, as amended, requires that not less than the locally prevailing wage (not necessarily the union rate) be paid to workers engaged in contract construction work to which the government of the United States or of the District of Columbia is a party. The coverage threshold is $2,000.
Under Davis-Bacon, the Secretary of Labor makes wage rate determinations for “the various classes of laborers and mechanics” employed on covered work. The Secretary has, through regulation, recognized apprentices and trainees, registered in formal programs, as special categories and...
PEPFAR: Policy Issues from FY2004 through FY2008
The Joint United Nations Program on HIV/AIDS (UNAIDS) estimates that 33.2 million people are living with human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS). The U.N. organization believes that in 2007, some 2.5 million people will contract HIV and it will kill about 2.1 million. Sub-Saharan Africa is the most affected region, with about 68% of the world’s HIV-positive population, 90% of all HIV-infected children, and more than 11 million children who have lost one or both parents to the virus. UNAIDS anticipates that in 2007, about 420,000 children will contract...
Federal Employees Dental and Vision Insurance Program (FEDVIP)
The Federal Employee Dental and Vision Benefits Enhancement Act of 2004 was enacted on December 23, 2004 (P.L. 108-496), directing the Office of Personnel Management (OPM) to establish a supplemental dental and vision benefits program. OPM created the Federal Employees Dental and Vision Insurance Program (FEDVIP), with coverage first available on December 31, 2006. Enrollees are responsible for 100% of premiums and may choose a self-only, self + 1, or family plan. Coverage for dental and/or vision services provided through Federal Employees Health Benefits (FEHB) plans is the primary...
The Interagency Security Committee and Security Standards for Federal Buildings
The federal government owns or leases 3.7 billion square feet of office space, which may be vulnerable to acts of terrorism and other forms of violence. The Interagency Security Committee (ISC) was created by E.O. 12977 in 1995, following the domestic terrorist bombing of the Alfred P. Murrah Federal Building in Oklahoma City, OK, to address the quality and effectiveness of physical security requirements for federal facilities. The September 2001 terrorist attacks on the Pentagon and the World Trade Center renewed concerns about the vulnerability of federal buildings to bombing or other...
General Services Administration Federal Facilities Affected by Hurricane Katrina
Hurricane Katrina struck the Gulf Coast on August 29, 2005, causing widespread flooding and significant infrastructure damage to 83 federal facilities in Louisiana, Mississippi, and Alabama. The General Services Administration (GSA) is the federal government’s primary real property agency, with 11 regional offices that oversee GSA owned and leased federal buildings and courthouses. As of September 21, 2007, one leased building remained closed in the aftermath of Hurricane Katrina in GSA’s Southeast Region 4, which includes Alabama and Mississippi. In GSA’s Greater Southwest Region 7, one...
Earned Value Management (EVM) as an Oversight Tool for Major Capital Investments
This report focuses on a technique—earned value management (EVM)—for overseeing the cost, schedule, and performance of major capital investments during the investment process (e.g., information technology systems, structures, weapons systems). EVM provides metrics to help inform assessments of whether capital investments are “on track” from three perspectives: the investment’s planned cost, time schedule, and functionality. Variance from a project’s planned cost, schedule, and functionality might occur due to the inherent complexity and uncertainty of a project, poor planning or...
Water Resources Development Act (WRDA) of 2007: Corps of Engineers Project Authorization Issues
Congress generally authorizes new Army Corps of Engineers water resources studies and projects in a Water Resources Development Act (WRDA) before appropriating funds to them. WRDA 2007 (P.L. 110-114) became law on November 9, 2007. This was the first congressional override of a veto by President George W. Bush. WRDA 2007 authorized approximately 900 Corps projects, studies, and modifications to existing authorizations.
A central issue in the debate over WRDA 2007 was its level of authorizations. A Congressional Budget Office analysis estimated its 15-year impact at $23 billion. The...
Electronic Personal Health Records
The Administration, Congress, foundations, and the private sector have undertaken various initiatives to promote the adoption of electronic health records (EHRs) as part of the national health information infrastructure. An electronic personal health record (EPHR) is a database of medical information collected and maintained by an individual. Commercial suppliers, health care providers, health insurers, employers, medical websites, and patient advocacy groups offer EPHRs. Congress has held hearings on electronic personal health records, and legislation has been introduced (S. 1456),...
Child Welfare: Federal Policy Changes Enacted in the 109th Congress
This report summarizes changes enacted in federal child welfare policy during the 109th Congress. Most federal child welfare programs are authorized in Title IV-B and Title IV-E of the Social Security Act, and the bulk of the changes enacted amended programs in those parts of the law. These programs include Child Welfare Services, Promoting Safe and Stable Families, Court Improvement, and Foster Care and Adoption Assistance. Legislation amending these programs is typically reported by the House Ways and Means and Senate Finance Committees, and the programs are administered within the U.S....
Legal Issues in Terminations of Single-Employer Pension Plans: Beck v. PACE International Union
The Beck v. PACE International Union case concerned the decision by an employer in bankruptcy proceedings to terminate its pension plans. The employer, which was both plan sponsor and administrator, had the option of terminating the plans by buying annuities for plan participants and beneficiaries or by merging the plans with a multiemployer plan. It chose the annuity option. At issue in Beck was whether the employer breached the fiduciary duty owed under the Employee Retirement Income Security Act (ERISA) to plan participants and beneficiaries by failing to adequately consider the merger...
Head Start, a federal program that has provided comprehensive early childhood development services to low-income children since 1965, was last reauthorized in 1998 for fiscal years 1999-2003. The program has remained funded in subsequent years through the annual appropriations process. After unsuccessful efforts by the past two Congresses to complete the reauthorization process, efforts to do so are underway in the 110th Congress. The House and Senate have each passed their own version of a reauthorization bill (H.R. 1429), and on November 9, 2007, conferees filed a conference report...
Davis-Bacon: The Act and the Literature
The Davis-Bacon Act of 1931, as amended, requires that contractors engaging in certain federal contract construction pay workers on such projects not less than the locally prevailing wage for comparable work. In addition, such contractors are required to file payroll reports and to meet other administrative and labor standards requirements.
Enacted at the urging of the Hoover Administration, the statute was modified in 1934 with adoption of the Copeland (“anti-kickback”) Act and in 1935 through general amendments dealing with administration and implementation: among them, establishment of...
San Joaquin River Restoration Settlement
Historically, Central California’s San Joaquin River supported large Chinook salmon populations. Since the Bureau of Reclamation’s Friant Dam on the San Joaquin River became fully operational in the 1940s, much of the river’s water has been diverted for off-stream agricultural uses. As a result, approximately 60 miles of the river bed is dry in most years. Thus, the river no longer supports Chinook salmon populations in its upper reaches. In 1988, a coalition of conservation and fishing groups sued Reclamation (Natural Resources Defense Council v. Rodgers). A U.S. District Court judge has...
Federal Home Loan Bank System: Policy Issues
The Federal Home Loan Bank (FHLB) System comprises 12 regional banks (the Banks) that form a collective government-sponsored enterprise (GSE). As a GSE, the Banks have special ties to the federal government that accord them “agency” status and lead investors in capital markets to infer that the government would step in to make good any failure in the debt of the Banks.
Originally begun in 1932 as lenders to the savings and loan associations that were the primary lenders for home mortgages, the Banks have undergone several changes since the savings and loan crisis of the 1980s. Membership...
Statutory Inspectors General: Legislative Developments and Legal Issues
Congress has long taken a leadership role in establishing and sustaining offices of inspector general (OIGs), which now exist in more than 60 federal departments and agencies. This effort began with Congress’s initiation of the first contemporary statutory inspectors general (IGs) in 1976; it has continued with passage of the broadly encompassing 1978 Inspector General (IG) Act and 1988 Amendments as well as with additions and modifications in the meantime.
In the 110th Congress, two bills designed to increase the IGs’ independence and accountability or otherwise modify specific provisions...
Spectrum Use and the Transition to Digital TV
The United States, like most of the world, is moving to replace current television technology with a new, technically superior format generally referred to as digital television (DTV). As part of this transition, Congress has acted to move television broadcasters out of radio spectrum currently used for the old, analog technology. The vacated radio frequencies are now scheduled for release in accordance with provisions of the Deficit Reduction Act of 2005 (P.L. 109-171), which sets a February 2009 date for the release of the spectrum. Auctions for commercial uses of the spectrum are...
National Strategy for Combating Terrorism: Background and Issues for Congress
On September 5, 2006, the White House released the 2006 National Strategy for Combating Terrorism. This report examines the Strategy in the context of its predecessor, released in 2003, and identifies issues and options for consideration by Congress.
The 2006 National Strategy for Combating Terrorism provides a framework for protecting the United States and its allies from terrorist attacks. Core components of the Strategy are to disrupt and disable terrorist networks across the globe, and foster international cooperation in these efforts. Creating a global intolerance of terrorism is...
The U.N. Law of the Sea Convention and the United States: Developments Since October 2003
On October 31, 2007, the Senate Foreign Relations Committee voted to recommend Senate advice and consent to U.S. adherence to the 1982 U.N. Convention on the Law of the Sea and the 1994 Agreement Relating to Implementation of Part XI of that Convention. This followed the statement by President Bush on May 15, 2007, urging “the Senate to act favorably on U.S. accession” to the Convention. CRS Issue Brief IB95010, The Law of the Sea Convention and U.S. Policy, serves as a basic CRS source for discussion of issues related to the United States and the Convention and Agreement, whereas this...
College Costs and Prices: Issues for Reauthorization of the Higher Education Act
The rising cost of attending U.S. colleges and universities is a growing concern, as most Americans believe that college is out of financial reach for qualified students. For federal policymakers, concerns focus on issues of affordability, access for low-income students, and whether federal student financial aid is keeping pace with rising prices. This report presents the current status and historical trends of college costs, with an emphasis on the prices undergraduate students are ultimately charged at the varying types of institutions of higher education and how they pay for...
Coastal Louisiana Ecosystem Restoration After Hurricanes Katrina and Rita
Prior to Hurricanes Katrina and Rita, the U.S. Army Corps of Engineers had been seeking congressional approval for a $1.1 billion program both to construct five projects that would help restore specified sites in the coastal wetland ecosystem in Louisiana, and to continue planning several other related projects. The state of Louisiana and several federal agencies participated in the development of this program. This report introduces the program and more extensive restoration options that are being discussed in the wake of the hurricanes. It also discusses whether this program, if...
The Coastal Wetlands Planning, Protection, and Restoration Act (CWPPRA), enacted in 1990 and administered by the U.S. Army Corps of Engineers, has funded wetland restoration projects since 1992. By law, CWPPRA allocates 70% of appropriated funds ($76 million of $109 million in FY2007) to projects in Louisiana. Louisiana wetland protection and restoration proponents largely view the program as an established success in enhancing coastal wetlands by implementing numerous relatively inexpensive and smaller-scale projects. At the same time, many of these proponents also have worked to develop...
Student Loans, Student Aid, and FY2008 Budget Reconciliation
The College Cost Reduction and Access Act of 2007 was enacted as P.L. 110-84 on September 27, 2007. P.L. 110-84 makes changes to programs authorized under the Higher Education Act of 1965 and, in so doing, achieves projected savings of $752 million in mandatory spending over the period covering FY2007 through FY2012 and $3.6 billion over the period covering FY2007 through FY2017.
The FY2008 budget resolution (S.Con.Res. 21, H.Rept. 110-153) contains reconciliation instructions that require the House Committee on Education and Labor and the Senate Committee on Health, Education, Labor, and...
Comparative clinical effectiveness research has been discussed as a source of information for health care decision makers that may aid them in reaching evidence-based decisions. The premise that “what is newest is not always the best” is the core of the rationale behind comparative effectiveness research. Diverse governmental and non-governmental organizations have publicly expressed their support and reservations about comparative effectiveness research. Many bills have been introduced in the 110th Congress that support comparative effectiveness research, including S. 3, H.R. 2184, H.R....
National Continuity Policy: A Brief Overview
On May 9, 2007, President George W. Bush issued National Security Presidential Directive (NSPD) 51, which is also identified as Homeland Security Presidential Directive (HSPD) 20, on National Continuity Policy. The directive updates longstanding continuity directives designed to assure that governing entities are able to recover from a wide range of potential operational interruptions. Executive branch efforts to assure essential operations are similar to those that are broadly integrated into many private sector industries. Government continuity planning also incorporates efforts to...
Student Eligibility: Drug Convictions and Federal Financial Aid
The Higher Education Amendments (HEA) of 1998 added a provision to the Higher Education Act of 1965, as amended, to suspend eligibility for federal student assistance (grants, loans, or work assistance under Title IV of the HEA) for any student who is convicted of a state or federal offense for the sale or possession of a controlled substance. This provision was amended by the Deficit Reduction Act of 2005 (DRA) to apply only to students who were convicted for the sale or possession of a controlled substance that occurred while the student was enrolled in postsecondary education and...
Almost half of the states outlaw cross burning with the intent to threaten as such. A few of these statutes cover the display of hangman’s nooses and other symbols of intimidation as well. Moreover, the same misconduct also frequently falls under more general state prohibitions on coercion, terroristic threats, harassment, or hate crimes. Some of these laws feature a hate crime element without which conviction is not possible; others do not. In either case, there are obvious first amendment implications.
The Supreme Court has explained that not all speech, particular expressive conduct, is...
Medicare: Supplementary "Medigap" Coverage
Medicare is a nationwide health insurance program for the aged and certain disabled persons. Although the program provides broad protection against the costs of many, primarily acute care, services, it covers only about one-half of beneficiaries' total health care expenses. Most individuals have some coverage in addition to basic Medicare benefits. Some persons have additional benefits through a managed care plan. Most other individuals have some supplementary coverage through private insurers or public programs such as Medicaid. Private supplementary coverage can be obtained through an...
Legislative Branch: FY2007 Appropriations
Congressional Research Service 7-5700 www.crs.gov RL33379 Summary Congress provided $3.785 billion in FY2007 appropriations for the legislative branch in the Revised Continuing Appropriations Resolution, 2007, which was enacted on February 15, 2007. Additional funding was subsequently provided in the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, which was enacted on May 25, 2007. From October 1, 2006, the beginning of the 2007 fiscal year, until the enactment of the Revised Continuing Appropriations Resolution, the legislative...
Ethanol and Other Biofuels: Potential for U.S.-Brazil Energy Cooperation
In the past several years, high oil and gas prices, instability in many oil-producing countries, and concerns about global climate change have heightened interest in ethanol and other biofuels as alternatives to petroleum products. Reducing oil dependency is a goal shared by the United States and many countries in Latin America and the Caribbean, a region composed primarily of energy-importing countries. In the region, Brazil stands out as an example of a country that has become a net exporter of energy, partially by increasing its production and use of sugar-based ethanol.
On March 9,...
On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but proceedings were suspended after a federal district court found that one of the defendants could not be tried under the rules established by the Department of Defense (DOD). The D.C. Circuit Court of Appeals reversed that decision in Rumsfeld v. Hamdan, but the Supreme Court granted review and reversed...
In 2005, the most recent year for which data are available, just under $2 trillion was spent on health care and health-related activities. This amount represents a 6.9% increase over 2004 spending. The majority of health spending (84%) went towards paying for health care goods and services provided directly to individuals. These goods and services are referred to as personal health care. The remaining 16% of health spending covered research, public health activities, administrative costs, structures, and equipment.
Personal health care expenditures grew 7.1% in 2005, continuing a downward...
Rail Transportation of Coal to Power Plants: Reliability Issues
Half the nation’s electricity comes from coal, and most of that coal is delivered to power plants by railroads. The reliable supply of coal by rail is therefore important to the electric power system. Concern over reliable deliveries of coal and other commodities, limited rail system capacity, and related issues such as rail rates, sparked several congressional hearings in 2006.
This report provides background information and analysis on coal transportation by rail to power plants. The report discusses:
Problems since 1990 with the rail delivery of coal.
Implications of rail capacity...
The Section 198 Brownfields Tax Incentive: 2007 CRS Survey
What was regarded as a key brownfields tax incentive in the Internal Revenue Code expires on December 31, 2007. Originally enacted in the Taxpayer Relief Act of 1997 (P.L. 105-34), the provision allows a taxpayer to fully deduct the costs of environmental cleanup in the year the costs were incurred (called “expensing”), rather than spreading the costs over a period of years (“capitalizing”). The provision was adopted to stimulate the cleanup and development of less seriously contaminated sites by providing a benefit to taxpaying developers of brownfield properties. It also contains a...
Scientific Evaluations of Approaches to Prevent Teen Pregnancy
The long-awaited experimentally designed evaluation of abstinence-only education programs, commissioned by Congress in 1997, indicates that young persons who participated in the U.S. Department of Health and Human Services’ Title V Abstinence Education block grant program were no more likely than other young persons to abstain from sex. The evaluation conducted by Mathematica Policy, Inc. found that program participants had just as many sexual partners as nonparticipants, had sex at the same median age as nonparticipants, and were just as likely to use contraception as nonparticipants. For...
Asset Bubbles: Economic Effects and Policy Options for the Federal Reserve
After several years of steady growth, stock market prices began to rise rapidly in 1995, more than tripling over the next five years. In 2000, stock prices began a prolonged decline. Shortly thereafter, in March 2001, the longest expansion in history ended, and the economy entered a recession. By September 2002, the Standard and Poor’s 500 Index had fallen by nearly half from its peak. In hindsight, it is clear that some of the appreciation in stock prices in the 1990s was caused by a “bubble,” a rise in price that cannot be attributed to underlying economic fundamentals, but is instead...
Facsimile Advertising Rules Under the Junk Fax Prevention Act of 2005
On July 9, 2005, President Bush signed S. 714, the Junk Fax Prevention Act (“the act” or JFPA) (P.L. 109-21) and on April 5, 2006, the Federal Communications Commission (FCC) issued its final rules in the related proceeding. These rules
provided an established business relationship (EBR) exemption to the prohibition on sending unsolicited facsimile advertisements;
provided a definition of an EBR to be used in the context of unsolicited facsimile advertisements;
required the sender of a facsimile advertisement to provide specified notice and contact information on the facsimile that allows...
Pandemic Influenza: An Analysis of State Preparedness and Response Plans
States are the seat of most authority for public health emergency response. Much of the actual work of response falls to local officials. However, the federal government can impose requirements upon states as a condition of federal funding. Since 2002, Congress has provided funding to all U.S. states, territories, and the District of Columbia, to enhance federal, state and local preparedness for public health threats in general, and an influenza (“flu”) pandemic in particular. States were required to develop pandemic plans as a condition of this funding.
This report, which will not be...
Asia Pacific Economic Cooperation (APEC) and the 2007 Meetings in Sydney, Australia
There is apparent agreement between Congress and the Bush Administration that the Asia Pacific Economic Cooperation (APEC) is a potential vehicle for advancing U.S. economic, trade, diplomatic, and security interests both globally and regionally. In particular, APEC offers the United States an organizational counterpoint to other proposed regional associations in Asia. However, the organization’s approach and perspective on these issues may pose problems for the United States. By design, APEC operates on the basis of consensus, under which its members voluntarily liberalize their economic...
A Summary of Fusion Centers: Core Issues and Options for Congress
This report summarizes the main points of CRS Report RL34070, Fusion Centers: Issues and Options for Congress, by John Rollins. It highlights the value proposition of such centers, as well as the obstacles and risks they face. All of the information provided herein is provided in greater detail in the original report, which will be updated as necessary.
Although elements of the information and intelligence fusion function were conducted prior to 9/11, often at state police criminal intelligence bureaus, the events of 9/11 provided the primary catalyst for the formal establishment of more...
Legal Issues Related to Prescription Drug Sales on the Internet
This report provides a legal analysis of issues related to prescription drug sales on the Internet, including issues involving online pharmacies and physicians who prescribe medications over the Internet. Specifically, this report provides an overview of the various federal and state laws that regulate this field, including laws and regulations covering prescription drugs, controlled substances, doctors, and pharmacies. Legislators have introduced the following bills in the 110th Congress: H.R. 194, H.R. 380, S. 242, S. 251, S. 554, S. 596, and S. 980. Additionally, in May 2007, the Senate...
Lobbying Law and Ethics Rules Changes in the 110th Congress
Significant changes were made by Congress to the current lobbying laws, and to internal House and Senate rules on ethics and procedures, by the passage of S. 1, 110th Congress (P.L. 110-81, 121 Stat. 735, September 14, 2007) and the adoption of H.Res. 6, 110th Congress. In the face of mounting public and congressional concern over allegations and convictions of certain lobbyists and public officials in a burgeoning “lobbying and gift” scandal, and with a recognition of legitimate concerns over undue influence and access of certain special interests to public officials, Congress has adopted...
Both the market and government have important roles in ensuring the availability, affordability, and adequacy of private health insurance. These roles complement one another, but even together the market and government have limitations.
The market provides a variety of insurance products for consumers and employers with different needs and preferences. These products differ on many dimensions, including the breadth of provider networks, amount of beneficiary cost-sharing, and techniques for managing the use of health care services. Large employers, small employers, and individuals have...
Reporting a Measure from a Senate Committee
Senate rules require a majority of a committee to be physically present in order to vote to report a measure, although smaller quorums are allowed for voting on amendments and for other committee business (Rule XXVI, paragraph 7(a)(1) and 7(a)(3)). If a committee reports a measure without a majority quorum physically present, a Senator may raise a point of order on the floor against the measure’s consideration. Some committees allow a vote to be “held open” for additional Senators to vote, but with a presumption that these votes cannot change the outcome. For more information on...
District of Columbia Tuition Assistance Program
This report discusses the District of Columbia (DC) Tuition Assistance Program, which provides scholarships for undergraduate education to DC residents ranging from $2,500 to $10,000. Originally, the program was limited to providing scholarships for attending public higher education institutions in Maryland and Virginia, but it was expanded to include public institutions nationwide in May 2000.
Markup in Senate Committee: Considering Amendments
Senate rules pertaining to amending measures on the floor apply generally to a Senate committee markup as well. Within the confines of Senate rules, some committees have adopted their own rules governing the consideration of amendments during a markup. However, Senate committee markups can proceed informally, in accordance with a committee’s particular needs and practices that have evolved over time. Senate and committee rules and committee practices governing the consideration of amendments during committee markup are summarized below. For more information on legislative process, see...
Markup in Senate Committee: Choosing a Text
Although a bill may be subsequently amended on the Senate floor, committees have the prerogative of shaping legislation before consideration by the full chamber. Shaping legislation in committee formally occurs during a markup, when committee members meet to consider a text and recommend amendments. This report explores the options committees typically exercise in choosing the markup text. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Turkey’s 2007 Elections: Crisis of Identity and Power
The effort of Turkey’s ruling Justice and Development Party (AKP) to elect one of its own to be president of the Republic provoked a crisis. The nominee, the otherwise respected Foreign Minister Abdullah Gul, has roots in Turkey’s Islamist movement and his wife wears a head scarf, which some secularists consider a symbol of both Islamism and backwardness. Moreover, because AKP already controls the prime ministry and parliament, it was argued that the balance of political power would be disturbed if the party also assumed the presidency.
The opposition engaged in mass demonstrations,...
Point Systems for Immigrant Selection: Options and Issues
Replacing or supplementing the current preference system for admitting legal permanent residents (LPRs) with a point system is garnering considerable interest for the first time in over a decade. Briefly, point systems such as those of Australia, Canada, Great Britain, and New Zealand assign prospective immigrants with credits if they have specified attributes, most often based on educational attainment, skill sets used in shortage occupations, extent of work experience, language proficiency, and desirable age range.
President George W. Bush has stated that comprehensive immigration reform...
Greenhouse Gas Reductions: California Action and the Regional Greenhouse Gas Initiative
In the absence of a federal program requiring greenhouse gas (GHG) emission reductions, a growing group of U.S. states are taking action in this arena. Significant actions have been undertaken in California and by a coalition of states from the Northeast and Mid-Atlantic regions.
California has undertaken several initiatives that seek to reduce GHG emissions. In 2004, the state issued regulations to reduce GHG emissions from motor vehicles. At least 14 other states have indicated that they plan to implement California’s new vehicle requirements. In 2006, California passed two climate...
Caribbean-U.S. Relations: Issues in the 110th Congress
With some 42 million people encompassing 16 independent countries and 13 overseas territories, the Caribbean is a diverse region that includes some of the hemisphere’s richest and poorest nations. The region consists of 13 island countries, from the Bahamas in the north to Trinidad and Tobago in the south; Belize, which is geographically located in Central America; and the two countries of Guyana and Suriname, located on the north central coast of South America. With the exception of Cuba and Haiti, regular elections in the region are the norm, and for the most part have been free and...
India-U.S. Economic and Trade Relations
After decades of strained political relations, the U.S. and Indian governments are currently pursuing a “strategic partnership” based on numerous overlapping interests, shared values, and improved economic and trade relations. India is in the midst of a rapid economic expansion, and many U.S. companies view India as a lucrative market and a candidate for foreign investment. For its part, the current Indian government sees itself continuing the economic reforms started in 1991, aimed at transforming a quasi-socialist economy into a more open, market-oriented economy. However, the U.S....
Seat Belts on School Buses: Overview of the Issue
It is estimated that 25% of student trips to school—5.5 billion trips each year—are made on school buses. Nationwide, an average of seven school bus passengers die each year in crashes. Buses have the lowest death rate of any mode of transporting children to school in the United States.
Federal safety standards for school buses, established in 1977, require seat belts only on buses whose fully loaded weight is less than 10,000 pounds (Type II), but not on buses whose fully loaded weight is more than 10,000 pounds (Type I). The vast majority of Type I school buses weigh 24,000 pounds or...
Preparation for Senate Committee Markup
Markup is the legislative stage during which a committee chooses the language of a measure it expects to report to the Senate. Markups are carefully planned in advance to insure that the requirements of Senate rules have been met, political decisions have been made, and administrative issues have been addressed. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
According to earlier precedent of the U.S. Court of Appeals for the Federal Circuit, a suit filed by a patent licensee in good standing, seeking to declare the underlying patent invalid, unenforceable, or not infringed, is non-justiciable under the Declaratory Judgment Act because there is no actual controversy between the licensee and licensor. The Federal Circuit had asserted that a license agreement eliminates any “reasonable apprehension” that the nonrepudiating licensee will be sued for infringement and thus federal courts must dismiss such declaratory judgment actions for lack of...
District of Columbia Budget Autonomy: An Analysis of H.R. 733, 110th Congress
The District of Columbia Budget Autonomy Act of 2007, H.R. 733, 110th Congress, introduced on January 20, 2007, by Congresswoman Eleanor Holmes Norton, is the latest in a series of legislative proposals dating back to 1981 and the 97th Congress that have sought to provide budget autonomy for the District of Columbia. When Congress passed the District of Columbia Government Reorganization and Self-Government Improvement Act (the Home Rule Act, P.L. 93-198, 87 Stat. 774), in 1973, granting the city limited home rule authority, it included provisions retaining its constitutional authority to...
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2007 Assistance
In February 2007, the 110th Congress finished consideration of FY2007 foreign operations appropriations legislation, held over from 2006, that provided foreign assistance to the Andean region. In addition to the Andean Counterdrug Initiative (ACI), Andean countries benefit from Foreign Military Financing (FMF), International Military Education and Training (IMET) funds, and other types of economic aid. Congress continued to express concern with the volume of drugs readily available in the United States and elsewhere in the world. The three largest producers of cocaine are Colombia,...
Unemployment and Older Workers
This is one in a series of papers that explore issues of our aging society. This report examines how unemployment has a different impact on the older worker. As workers age, negative—but previously temporary—events such as unemployment may push otherwise firmly entrenched workers out of the labor force. Older workers are less likely than others to experience a spell of unemployment, but those older workers who do experience unemployment have a higher incidence of withdrawing from the labor market. Some studies have found that unemployment in older workers contributes up to a one-third...
Private Fee for Service (PFFS) Plans: How They Differ from Other Medicare Advantage Plans
The Balanced Budget Act of 1997 (BBA, P.L. 105-33) established the Medicare+Choice program (now called Medicare Advantage), creating new options for the delivery of required benefits under Medicare. One of these options is a Private Fee-For-Service plan (PFFS), statutorily defined as a plan that (1) reimburses hospitals, physicians, and other providers on a fee-for-service basis without placing the provider at financial risk; (2) does not vary rates for a provider based on utilization relating to that provider; and (3) does not restrict the selection of providers from among those who are...
Section 13(a)(1) of the Fair Labor Standards Act permits exemption of employers of bona fide executive, administrative and professional employees from the minimum wage and overtime pay requirements of the act; that is, from the basic wage and hour provisions of the statute. What constitutes a bona fide executive, administrative, or professional employee has been left by Congress for the Secretary of Labor to define and delimit. That process, begun in 1938, lapsed after 1975 and was renewed by the Bush Administration in 2003 (see 29 CFR 541).
The first Section 13(a)(1) regulation appeared...
The Gas to Liquids Industry and Natural Gas Markets
Technological improvements and investment commitments from the world’s largest oil companies suggest the gas to liquids (GTL) industry is likely to expand rapidly over the next decade. GTL uses large quantities of natural gas to produce liquid petroleum products like diesel fuel and home heating fuel. The GTL industry might become an important competitor to the liquefied natural gas industry (LNG) in the effort to secure natural gas supplies. As a result, LNG markets may be tighter, with higher prices, potentially altering LNG’s projected role in the U.S. natural gas market.
The Energy...
Noise Abatement and Control: The Federal Role
Community perceptions of increasing exposure to noise from a wide array of sources have raised questions about the role of the federal government in regulating noise, and the adequacy of existing standards. The role of the federal government in regulating noise has remained fairly constant overall since the enactment of the Noise Control Act in 1972 (P.L. 92-574). With authorities under this and other related statutes, the federal government has established, and enforces, standards for maximum sound levels generated from aircraft and airports, federally funded highways, interstate motor...
Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers
The economic prosperity of the 1990s fueled a drive to increase the levels of employment-based immigration. Both the Congress and the Federal Reserve Board then expressed concern that a scarcity of labor could curtail the pace of economic growth. A primary response was to increase the supply of foreign temporary professional workers through FY2003. When the H-1B annual numerical limits reverted to 65,000 in FY2005, that limit was reached on the first day. The FY2006 limit was reached before the fiscal year began. The U.S. Citizenship and Immigration Services announced that the FY2008 H-1B...
Immigration Reform: Brief Synthesis of Issue
U.S. immigration policy is a highly contentious issue in the 110th Congress. The number of foreign-born people residing in the United States is at the highest level in U.S. history and has reached a proportion of the U.S. population not seen since the early 20th century. There is a broad-based consensus that the U.S. immigration system is broken. This consensus erodes, however, as soon as the options to reform the U.S. immigration system are debated. Senate action on comprehensive immigration reform legislation stalled at the end of June 2007 after several weeks of intensive debate. This...
Restructuring EPA’s Libraries: Background and Issues for Congress
Near the end of the 109th Congress, some Members raised questions about the closing of several libraries of the Environmental Protection Agency (EPA), expressing concerns about the continued availability of their collections. Library professional associations and public interest groups raised similar questions about access to this information. EPA reported that the closings were part of its efforts to restructure its libraries in response to the agency’s transition from walk-in services to electronic dissemination of information, as a result of the increasing use of the Internet to access...
The Role of National Oil Companies in the International Oil Market
In the United States, the term “big oil companies” is likely to be taken to mean the major private international oil companies, largely based in Europe or America. However, while some of those companies are indeed among the largest in the world, by many important measures, a majority of the largest oil companies are state-owned, national oil companies. By conventional definitions, national oil companies hold the majority of petroleum reserves and produce the majority of the world’s supply of crude oil. Since national oil companies generally hold exclusive rights to exploration and...
Critical Infrastructure: The National Asset Database
The Office of Infrastructure Protection (OIP) in the Department of Homeland Security (DHS) has been developing and maintaining a National Asset Database. The Database contains information on over 77,000 individual assets, ranging from dams, hazardous materials sites, and nuclear power plants to local festivals, petting zoos, and sporting good stores. The presence of a large number of entries of the latter type (i.e., assets generally perceived as having more local importance than national importance) has attracted much criticism from the press and from Members of Congress. Many critics of...
Influenza Antiviral Drugs and Patent Law Issues
The potential for a worldwide influenza pandemic caused by bird flu has generated public interest in the availability and affordability of influenza antiviral medications such as the prescription drug Tamiflu. The possibility of a pandemic flu outbreak has contributed to a surge in orders for Tamiflu, as countries attempt to stockpile sufficient countermeasures. In 2005, there was considerable concern that the owner of the exclusive right to manufacture the patented drug, the Swiss pharmaceutical company Roche, Inc., lacked the production capacity to meet the needs of these governments...
Marine Dead Zones: Understanding the Problem
An adequate level of dissolved oxygen is necessary to support most forms of aquatic life. While very low levels of dissolved oxygen (hypoxia) can be natural, especially in deep ocean basins and fjords, hypoxia in coastal waters is mostly the result of human activities that have modified landscapes or increased nutrients entering these waters. Hypoxic areas are more widespread during the summer, when algal blooms stimulated by spring runoff decompose to diminish oxygen. Such hypoxic areas may drive out or kill animal life, and usually dissipate by winter. In many places where hypoxia has...
The annual Foreign Operations appropriations bill in the House, and the State, Foreign Operations measure in the Senate are the primary legislative vehicles through which Congress reviews the U.S. international affairs budgets and influences executive branch foreign policy making generally. They contain the largest shares—the House bill, about two-thirds; the Senate bill, about 97%—of total U.S. international affairs spending.
Due to subcommittee structural differences between the House and Senate in the 109th Congress, the House Appropriations Committee considered the Foreign Operations...
FDA Legislation in the 110th Congress: A Guide to S. 1082 and H.R. 2900
Both the House and the Senate have passed comprehensive legislation to reauthorize existing Food and Drug Administration (FDA) programs and expand the agency’s authority to ensure the safety of prescription drugs, medical devices, and biologics. The Senate passed the Food and Drug Administration Revitalization Act (S. 1082) on May 9, 2007. The House passed the Food and Drug Administration Amendments Act of 2007 (H.R. 2900) on July 11, 2007.
At its core, the legislation renews authority for two key user fee programs that are set to expire on October 1, 2007: the Prescription Drug User Fee...
FDA Legislation in the 110th Congress: A Side-by-Side Comparison of S. 1082 and H.R. 2900
Both the House and the Senate have passed comprehensive legislation to reauthorize existing Food and Drug Administration (FDA) programs and expand the agency’s authority to ensure the safety of prescription drugs, medical devices, and biologics. The Senate passed the Food and Drug Administration Revitalization Act (S. 1082) on May 9, 2007. The House passed the Food and Drug Administration Amendments Act of 2007 (H.R. 2900) on July 11, 2007.
At its core, the legislation renews authority for two key user fee programs that are set to expire on October 1, 2007: the Prescription Drug User Fee...
India-Iran Relations and U.S. Interests
India’s growing energy needs and its relatively benign view of Iran’s intentions will likely cause policy differences between New Delhi and Washington. India seeks positive ties with Iran and is unlikely to downgrade its relationship with Tehran at the behest of external powers, but it is unlikely that the two will develop a broad and deep strategic alliance. India-Iran relations are also unlikely to derail the further development of close and productive U.S.-India relations on a number of fronts. See also CRS Report RL33529, India-U.S. Relations, and CRS Report RL32048, Iran: U.S....
Bangladesh: Background and U.S. Relations
Bangladesh (the former East Pakistan) gained its independence in 1971, following India’s intervention in a rebellion against West Pakistan (currently called Pakistan). Democratic elections in 1991 ended two decades of authoritarian rule in Dhaka. The Bangladesh National Party (BNP), which led the ruling coalition of the previous government, and the leading opposition party, the Awami League (AL), traditionally have dominated Bangladeshi politics. The BNP is led by former Prime Minister Khaleda Zia while the AL is led by Sheikh Hasina. Bangladesh has been a largely moderate and democratic...
Poland: Background and Policy Trends of the Kaczynski Government
Poland held presidential and parliamentary elections in the fall of 2005. After several months, a ruling coalition consisting of three populist-nationalist parties was formed; the presidency and prime minister’s post are held by Lech and Jaroslaw Kaczynski, identical twin brothers who have increasingly consolidated their power. Their government’s nationalist policies have caused controversy domestically, in both the political and economic arenas, and in foreign relations as well. Relations with some neighboring states and the European Union have been strained at times, but ties with the...
Child Welfare: Federal Program Requirements for States
States have primary responsibility for administering child welfare funds. However, the federal government provides substantial child welfare funding that is contingent on states meeting certain program requirements. The greatest part of federal assistance dedicated to child welfare is included in Title IV-B and Title IV-E of the Social Security Act. Programs authorized under these parts of the law provide funds for a range of child welfare services, from family support and preservation to foster care, adoption support and independent living. State compliance with the plan requirements of...
Emergency Contraception: Plan B
On August 24, 2006, the Food and Drug Administration (FDA) announced the approval of an application to switch Plan B, an emergency contraceptive, from a prescription-only drug to an over-the-counter (OTC) drug for women 18 years of age and older. Plan B will only be sold in pharmacies or healthcare clinics. It will continue to be dispensed as a prescription drug for women 17 years old and younger. Plan B is a brand of post-coital contraceptive that is administered within a few hours or days of unprotected intercourse. Emergency contraception prevents pregnancy; it does not disrupt an...
Hedge Funds: Goldstein v. Securities and Exchange Commission
In 2004 the Securities and Exchange Commission (SEC) issued a rule which resulted in requiring many hedge fund advisers to register as investment advisers under the Investment Advisers Act. Because hedge fund advisers had for the most part before the rule been exempt from registration so long as they had fewer than 15 clients, hedge fund advisers, referred to collectively as Goldstein, brought suit to challenge the rule. The District of Columbia Circuit, after examining an amendment to the Investment Advisers Act, previous statements by the Securities and Exchange Commission, and the...
Nepal: Background and U.S. Relations
The three-way contest for control of Nepal—among King Gyanendra, a coalition of seven parties seeking democracy for the country, and the Maoists—ended with the king relinquishing power to the democrats in April 2006 after large scale popular demonstrations against him. King Gyanendra’s inability to subdue the Maoist insurgency and his repression of pro-democratic elements in the country undermined his legitimacy and led to his fall from power. The United States sought to assist the government of Nepal in its struggle against the Maoist armed insurgency and has promoted the democratic...
Abu Sayyaf: Target of Philippine-U.S. Anti-Terrorism Cooperation
From January 2002 until July 31, 2002, the United States committed nearly 1,300 troops to the Philippines to assist Philippine armed forces (AFP) in operations against the Abu Sayyaf terrorist group in the southern Philippines, on the island of Basilan southwest of Mindanao. From 2005 into 2007, the U.S. committed up to 450 military personnel to western Mindanao and Jolo island south of Basilan These U.S. non-combat, support operations were in response to Philippine President Arroyo’s strong support of the United States following the September 11 Al Qaeda attack on the United States. A...
The Financial Impact of Child Support on TANF Families: Simulation for Selected States
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state-local partnership to help strengthen families by securing financial support from noncustodial parents. Families receiving cash welfare from the Temporary Assistance for Needy Families (TANF) block grant must assign (turn over rights to) child support received from noncustodial parents to the state to reimburse it and the federal government for their welfare costs. States decide whether to pay any of the child support collected for TANF families to the family.
The Deficit Reduction Act of 2005 (DRA, P.L....
Emergency Spending: Statutory and Congressional Rules
This report discusses the designation of spending as emergency, which has had significance in both procedural and budgetary terms.
State E-Government Strategies: Identifying Best Practices and Applications
Although electronic government (“e-government”) is currently one of the leading approaches to government reform, a lack of coordination or communication between various initiatives increases the risk of creating more so-called “islands of automation” and “stovepipes” within and between levels of government. To address these issues, Congress is actively overseeing e-government initiatives and is attempting to work with the Office of Management and Budget (OMB) and state governments to identify best practices, standards, and strategies.
This report is based on research conducted under...
Many believe that the Department of Defense (DOD)—including the Air Force—must transform itself to ensure future U.S. military effectiveness. The Air Force has a transformation plan that includes advanced technologies, concept development, and organizational innovation. Issues for Congress include the efficacy of this plan, its feasibility, and the attendant costs. This report will be updated.
The National Biodefense Analysis and Countermeasures Center: Issues for Congress
The mission of the National Biodefense Analysis and Countermeasures Center (NBACC) is to understand current and future biological threats; assess vulnerabilities and determine potential consequences; and provide a national capability for conducting forensic analysis of evidence from bio-crimes and bio-terrorism. The NBACC is operational, with a program office and several component centers occupying interim facilities.
A laboratory facility dedicated to executing the NBACC mission and to contain two NBACC component centers is being built at Fort Detrick, Maryland, as part of the National...
In Credit Suisse Securities v. Billing, the Supreme Court examined whether entities in a heavily regulated industry are necessarily entitled to immunity from prosecution under the federal antitrust laws simply by virtue of their regulated status. The Court had previously ruled that, absent a specific congressional mandate, such immunity may be granted only by findings either of “clear repugnance” between the regulatory scheme and enforcement of the antitrust laws, or sufficiently pervasive regulation of an industry as would be disrupted by application of the antitrust laws; the Credit...
A recent Senate hearing, state efforts, and media attention have brought the issue of pharmaceutical companies’ gifts and payments to physicians into focus. Pharmaceutical companies sometimes give gifts or make payments to doctors as part of their marketing efforts. Senator Herb Kohl has expressed interest in introducing a federal bill that would mandate disclosure of such gifts and payments. This report briefly outlines the arguments for and against a federal disclosure measure. Next, it describes the state disclosure laws already in effect. Finally, it analyzes potential legal hurdles to...
Securities Fraud: Tellabs, Inc. v. Makor Issues & Rights, Ltd.
The United States Supreme Court granted the petition for certiorari in the case Tellabs, Inc. v. Makor Issues & Rights, Ltd. The case was appealed from a decision by the Court of Appeals for the Seventh Circuit. It presented the question whether and to what extent a court must consider or weigh competing inferences in determining whether a complaint asserting a claim of securities fraud has alleged facts sufficient to establish a “strong inference” that the defendant acted with scienter, as required by the Private Securities Litigation Reform Act of 1995 (PSLRA). On June 21, 2007, the...
The Homeland Security Act of 2002 (P.L. 107-296) and other Administration documents have assigned the Department of Homeland Security specific duties associated with coordinating the nation’s efforts to protect its critical infrastructure, including using a risk management approach to set priorities. Many of these duties have been delegated to what is now called the National Protection and Programs Directorate.
Risk assessment involves the integration of threat, vulnerability, and consequence information. Risk management involves deciding which risk reduction measures to take based on an...
Obesity Discrimination and the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is covered under the ADA and its supporting regulations. It also discusses some of the ways in which courts have applied the ADA to...
Romania: Background and Current Issues
On January 1, 2007, Romania was formally admitted into the European Union. The accession marked a major milestone for the country, which has been struggling through a difficult, lengthy transition from communism and the 24-year era of oppressive rule under Nicolae Ceausescu. In 2004 national elections, the center-right captured a majority in parliament along with the presidency. Over the past two years, however, there has been a great deal of infighting among the governing coalition partners. Observers believe that the parties held together out of a common desire to achieve EU membership....
Medical Device User Fee and Modernization Act (MDUFMA) Reauthorization
Unless Congress acts to reauthorize it, the Food and Drug Administration’s (FDA’s) authority to collect user fees under the Medical Device User Fee and Modernization Act (MDUFMA; P.L. 107-250) and, by reference, FDA’s obligation to meet related performance goals, will expire on October 1, 2007. According to the President’s budget request, in FY2008, funds from a reauthorized MDUFMA would account for an estimated $47.5 million and 200 full-time equivalent employees (FTEs). This would comprise 16.6% of FDA’s medical device review budget authority and 13.0% of its medical device...
The diversity rationale for affirmative action in public education has long been a topic of political and legal controversy. Many colleges and universities have established affirmative action policies not only to remedy past discrimination, but also to achieve a racially and ethnically diverse student body or faculty. Although the Supreme Court has recognized that the use of race-based policies to promote diversity in higher education may be constitutional, the Court had never, until recently, considered whether diversity is a constitutionally permissible goal in the elementary and...
Estonia: Current Issues and U.S. Policy
After restoration of its independence in 1991, following decades of Soviet rule, Estonia made rapid strides toward establishing a democratic political system and a dynamic, free market economy. It achieved two key foreign policy goals when it joined NATO and the European Union in 2004. However, relations with Russia remain difficult. Estonia suffered cyberattacks against its Internet infrastructure in April and May 2007 during a controversy about the removal of a Soviet-era statue in Estonia. Estonian leaders believe the cyberattacks may have been instigated by Moscow. Estonia and the...
U.S. Clothing and Textile Trade with China and the World: Trends Since the End of Quotas
The elimination of the last set of quotas of the Agreement on Textiles and Clothing (ATC) on January 1, 2005, ostensibly brought about the end of decades of quantitative restrictions on the international exchange of clothing and textiles. Trade analysts around the world expected that the final lifting of import limits would foster increased growth in clothing and textile trade, as well as a restructuring of clothing and textile production. In particular, some market watchers predicted a dramatic shift of clothing and textile production to China at the expense of many other nations.
For the...
Airborne Laser (ABL): Issues for Congress
The United States has pursued a variety of ballistic missile defense concepts and programs over the past fifty years. Since the 1970s, some attention has focused on directed energy weapons, such as high-powered lasers for missile defense. Today, the Airborne Laser (ABL) program is the furthest advanced of these directed energy weapons in relative terms and remains the subject of some technical and program debate.
The Department of Defense (DOD) has remained a strong advocate for the ABL and its predecessor programs. The Defense Department and most missile defense advocates argue that the...
Al Qaeda: Statements and Evolving Ideology
Al Qaeda leaders and affiliates have conducted sophisticated public relations and media campaigns since the mid-1990s. Terrorism analysts believe that these campaigns have been designed to elicit psychological reactions and communicate complex political messages to a global audience as well as to specific sub-populations in the Islamic world, the United States, Europe, and Asia. Some officials and analysts believe that Al Qaeda’s messages contain signals that inform and instruct operatives to prepare for and carry out new attacks. Bin Laden and other leading Al Qaeda figures have referred...
Walter Reed Army Medical Center: Realignment Under BRAC 2005 and Options for Congress
The 2005 Defense Base Realignment and Closure (BRAC) Commission recommended that the Department of Defense (DOD) establish a new Walter Reed National Military Medical Center (WRNMMC) on the site of the current National Naval Medical Center (NNMC) in Bethesda, Maryland. The President approved the recommendation in September 2005, and the Secretary of Defense is required by statute to implement it within six years of the date of that approval.
Part of that recommendation is the realignment of the Walter Reed Army Medical Center (WRAMC), which entails the transfer of many functions from...
Pakistan: Significant Recent Events, March 26 - June 21, 2007
Many see Pakistani President General Pervez Musharraf as currently facing the most serious challenges to his authority since he wrested control of Pakistan’s government in a 1999 coup. Set off by the March 9, 2007 suspension of the chief justice, Pakistan’s citizenry has grown vocal in its objections to Musharraf. Subsequent restrictions on the media increased the outrage, and journalists have joined thousands of lawyers and social activists in the streets to demonstrate against the president and demand his resignation. Pro-government groups have countered, resulting in factional fighting...
The Southwest Pacific: U.S. Interests and China’s Growing Influence
This report focuses on the 14 sovereign nations of the Southwest Pacific, or Pacific Islands region, and the major external powers (the United States, Australia, New Zealand, France, Japan, and China). It provides an explanation of the region’s main geographical, political, and economic characteristics and discusses United States interests in the Pacific and the increased influence of China, which has become a growing force in the region. The report describes policy options as considered at the Pacific Islands Conference of Leaders, held in Washington, DC, in March 2007.
Although small in...
Navy CG(X) Cruiser Design Options: Background and Oversight Issues for Congress
The Navy has stated that it would like to use the design of its new DDG-1000 destroyer as the basis for its planned CG(X) cruiser. Ships based on other hull designs are possible. Nuclear propulsion is an option being studied for the CG(X). For a more general discussion of both the CG(X) and DDG-1000, see CRS Report RL32109, Navy DDG-1000 and DDG-51 Destroyer Programs: Background, Oversight Issues, and Options for Congress, by Ronald O’Rourke. This report on basic CG(X) design options will be updated as events warrant.
Economic Growth and the Business Cycle: Characteristics, Causes, and Policy Implications
Economic growth can be caused by random fluctuations, seasonal fluctuations, changes in the business cycle, and long-term structural causes. Policy can influence the latter two.
Business cycles refer to the regular cyclical pattern of economic boom (expansions) and bust (recessions). Recessions are characterized by falling output and employment; at the opposite end of the spectrum is an “overheating” economy, characterized by unsustainably rapid economic growth and rising inflation. Capital investment spending is the most cyclical component of economic output, whereas consumption is one of...
Selected Small Business Statistics
This report gathers selected statistics on the role of small businesses in the national economy that Congress has frequently asked the Congressional Research Service (CRS) to provide. Most of the statistics are calculated by CRS from Census data. The report uses the widely accepted research definition that a small business has fewer than 500 employees.
FY2007 Supplemental Appropriations for Defense, Foreign Affairs, and Other Purposes
On Thursday, May 24, the House and Senate approved a compromise on H.R. 2206, a bill providing $120 billion in supplemental appropriations for FY2007. The President signed the bill into law, P.L. 110-28, on May 25. In the House, the key vote to pass the bill was on approval of the rule, H.Res. 438, which was adopted by 218-201. The rule deemed the bill to be passed after the House adopted two amendments, which were subsequently approved by votes of the Senate then approved the House-passed measure by a vote of 80-14.
The final bill provides money for military operations in Iraq,...
Civil Commitment of Sexually Dangerous Persons
The 109th Congress passed legislation (P.L. 109-248) that allows the federal government to civilly commit “sexually dangerous persons.” Civil commitment, as it relates to sex offenders, is when a state retains custody of an individual, found by a judge or jury to be a “sexually dangerous person,” by involuntarily committing the person to a secure mental health facility after the offender’s prison sentence is done. In 1990, the state of Washington passed the first civil commitment law for sexually dangerous persons. Currently, 18 other states and the federal government have similar laws....
U.S.-China economic ties have expanded substantially over the past several years. China is now the third largest U.S. trading partner, its second largest source of imports, and its fourth largest export market. However, U.S.-China commercial ties have been strained by a number of issues, including a surging U.S. trade deficit with China, China's refusal to float its currency, and failure to fully comply with its World Trade Organization (WTO) commitments, especially its failure to provide protection for U.S. intellectual property rights (IPR). This report explores these issues in detail,...
Hong Kong: Ten Years After the Handover
In the 10 years that have passed since the reversion of Hong Kong from British to Chinese sovereignty, much has changed and little has changed.
On the political front, the Hong Kong Special Administrative Region (HKSAR) has selected its first Chief Executive, only to have him step down and be replaced in a process not without some controversy. Meanwhile, belated changes by the British in the makeup of Hong Kong’s Legislative Council (Legco) were initially undone, but subsequent changes in the Legco selection process have brought things back nearly full circle to where they stood prior to...
The number of limited English proficient (LEP) students enrolled in K-12 education increased by 60.8% from the 1994-1995 school year to the 2004-2005 school year, while total student enrollment increased by 2.6% over the same time period. Given this tremendous growth in the LEP student population and the likelihood that Congress will consider legislation to reauthorize the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLBA; P.L. 107-110), during the 110th Congress, this report examines the formula used to provide grants to...
The Supreme Court Decides Five Environmental Cases in Its 2006-2007 Term
The Supreme Court decided five environmental cases during its 2006-2007 term, a significant proportion of the 72 cases it heard. Two decisions involve the Clean Air Act: one ruling that the act allows the Environmental Protection Agency (EPA) to regulate vehicle emissions based on their global warming impacts; the other, that EPA regulations validly impose an annual, as opposed to hourly, emissions change test in determining whether a modification of a stationary source makes it a “new source” requiring a permit. A Superfund Act decision held that liable parties who incur cleanup costs...
Absent a statutory or constitutional recognition of journalistic privilege, a reporter may be compelled to testify in legal, administrative, or other governmental proceedings. To date, 33 states and the District of Columbia have recognized a journalists’ privilege through enactment of press “shield” statutes, which protect the relationship between reporters, their source, and sometimes, the information that may be communicated in that relationship. Another 16 states have adopted a journalists’ privilege through court decisions; Wyoming is the only state without a legislatively or...
Border Security: The San Diego Fence
This report outlines the issues involved with DHS’s construction of the San Diego border fence and highlights some of the major legislative and administrative developments regarding its completion; it will be updated as warranted. (For more analysis of border fencing and other barriers, please see CRS Report RL33659, Border Security: Barriers Along the U.S. International Border, by Chad C. Haddal, Yule Kim, and Michael John Garcia.) Congress first authorized the construction of a 14-mile, triple-layered fence along the U.S.-Mexico border near San Diego in the Illegal Immigration Reform and...
On May 6, 2007, the Gaullist Nicolas Sarkozy defeated the Socialist candidate Ségolène Royal in the second round of the French elections to become President of France. He will serve a five-year term. His party lost seats but maintained a solid majority in subsequent legislative elections.
Since 1981, France has had only two presidents. There is a sense of malaise in the country, in part due to high unemployment and slow economic growth. Sarkozy represents a younger generation of leaders.
Sarkozy casts himself as a tough-minded former Interior Minister. His campaign built on his reputation...
The Department of Defense: Reducing Its Reliance on Fossil-Based Aviation Fuel—Issues for Congress
The Department of Defense (DOD) is a factor in the nation’s discussion about national energy security. As the largest single consumer of fuel in the United States, DOD has the potential to make important contributions to the national effort to reduce the use of and reliance on fossil fuel. Aviation fuel makes up the largest portion of fossil fuel consumed by DOD and therefore represents the area of greatest potential energy savings. This report examines DOD’s use of aviation fuel and possibilities to reduce that use by examining related issues and presenting options Congress may choose to...
Navy Ship Procurement: Alternative Funding Approaches—Background and Options for Congress
Some observers have proposed procuring Navy ships using incremental funding or advance appropriations rather than the traditional full funding approach that has been used to procure most Navy ships. Supporters believe these alternative funding approaches could increase stability in Navy shipbuilding plans and perhaps increase the number of Navy ships that could be built for a given total amount of ship-procurement funding. The issue for Congress is whether to maintain or change current practices for funding Navy ship procurement. Congress’s decision could be significant because the full...
Defense Procurement: Full Funding Policy—Background, Issues, and Options for Congress
The full funding policy is a federal budgeting rule imposed on the Department of Defense (DOD) by Congress in the 1950s that requires the entire procurement cost of a weapon or piece of military equipment to be funded in the year in which the item is procured. Although technical in nature, the policy relates to Congress’s power of the purse and its responsibility for conducting oversight of DOD programs. Support for the policy has been periodically reaffirmed over the years by Congress, the Government Accountability Office, and DOD.
In recent years some DOD weapons—specifically, certain...
Pension Funds Investing in Hedge Funds
The proportion of U.S. corporate-defined benefit pension funds investing in hedge funds has increased to 24% in 2006, up from 19% in 2004 and 12% in 2000. Although statistics vary, total corporate pension fund assets allocated to hedge funds in 2006 was 2.1%. Because of hedge funds’ risky nature, rapid growth, lack of oversight, and recent losses, some wonder if they are appropriate investments for workers’ retirement funds. This report discusses concerns regarding hedge funds and examines possible policy options.
In February 2007, Congress began looking into why certain oil and gas leases on the Outer Continental Shelf (OCS)—specifically, some 1,024 deep water leases in the Gulf of Mexico issued in 1998 and 1999—did not contain “price thresholds.” A price threshold in an OCS oil and gas lease means that once the market price for oil and natural gas rises above a certain price, the lessee’s freedom from having to pay royalties no longer applies. Such freedom from paying royalties was thought necessary by Congress to promote exploration and production in deep water areas of the Gulf, and was embodied...
Interstate Shipment of Municipal Solid Waste: 2007 Update
This report, which replaces a 2004 report on the same subject (CRS Report RL32570, Interstate Shipment of Municipal Solid Waste: 2004 Update), provides updated information on interstate shipment of municipal solid waste (MSW). Since the late 1980s, Congress has considered, but not enacted, numerous bills that would allow states to impose restrictions on interstate waste shipments, a step the Constitution prohibits in the absence of congressional authorization. Over this period, there has been a continuing interest in knowing how much waste is being shipped across state lines for disposal,...
Project BioShield: Appropriations, Acquisitions, and Policy Implementation Issues for Congress
The Project BioShield Act of 2004 (P.L. 108-276) established a 10-year program to acquire civilian medical countermeasures to chemical, biological, radiological, and nuclear (CBRN) agents for the Strategic National Stockpile. Provisions of this act were designed to encourage private companies to develop these countermeasures by guaranteeing a government market for successfully developed countermeasures.
Congress has expressed concern about the implementation of Project BioShield. It has held multiple oversight hearings and considered several pieces of legislation to improve the execution...
The Marine Mammal Protection Act: Reauthorization Issues
The Marine Mammal Protection Act (MMPA) was last reauthorized in 1994. The MMPA’s authorization of appropriations expired at the end of FY1999. At issue for Congress are the terms and conditions of provisions designed to reauthorize and amend the MMPA to address a variety of concerns relating to marine mammal management. In the 109th Congress, the House passed a bill to reauthorize and amend the MMPA, but no further action was taken on this measure. The 110th Congress may again consider measures to amend and reauthorize the MMPA as well as bills to address specific marine mammal regulatory...
Armenia’s Legislative Election: Outcome and Implications for U.S. Interests
This report discusses the campaign and results of Armenia’s May 12, 2007, legislative election and examines implications for Armenian and U.S. interests. Many observers viewed the election as marking some democratization progress. The Republican Party of Armenia increased its number of seats to a near-majority and termed the results as a mandate on its policies. The party leader, Prime Minister Serzh Sargisyan, was widely seen as gaining stature as a possible candidate in the upcoming 2008 presidential election. This report may be updated. Related reports include CRS Report RL33453,...
Telecommunications Act: Competition, Innovation, and Reform
In 1996, Congress enacted comprehensive reform of the nation’s statutory and regulatory framework for telecommunications by passing the Telecommunications Act, which substantially amended the 1934 Communications Act. The general objective of the 1996 Act was to open up markets to competition by removing unnecessary regulatory barriers to entry. At that time, the industry was characterized by service-specific networks that did not compete with one another: circuit-switched networks provided telephone service and coaxial cable networks provided cable service. The act created distinct...
Small Business Tax Preferences: Significant Legislative Proposals in the 110th Congress
Some policy issues seem fixed on Congress’s legislative agenda. One such issue is the taxation of small firms and its effects on their formation, performance, and growth. In the view of some lawmakers, the current federal tax burden on small firms, though smaller than it could be because of existing small business tax benefits, should be reduced further because it hinders their formation and retards their growth. Others find it difficult to justify on economic grounds additional tax relief for small business owners.
The federal tax code offers numerous benefits of varying importance to...
Fixed Exchange Rates and Floating Exchange Rates: What Have We Learned?
Congress is generally interested in promoting a stable and prosperous world economy. Stable currency exchange rate regimes are a key component to stable economic growth. This report explains the difference between fixed exchange rates, floating exchange rates, and currency boards/unions, and outlines the advantages and disadvantages of each. Floating exchange rate regimes are market determined; values fluctuate with market conditions. In fixed exchange rate regimes, the central bank is dedicated to using monetary policy to maintain the exchange rate at a predetermined price. In theory,...
Central Bank Independence and Economic Performance: What Does the Evidence Show?
Keeping an economy growing over the long run at rates sufficient to provide full employment for labor and capital with low inflation or a stable price level has been an important goal for economic policy. Money and monetary policy have figured importantly in achieving this goal. Currently, it is argued, central bank independence is important to achieving this end.
Many small factors contribute to central bank independence, and so the literature does not yield a consistent definition of it. Rather, the emphasis is on three aspects of independence, the degree to which
(1) the governing board...
On May 23, 2006, the Eleventh Circuit Court of Appeals ordered the District Court for the Southern District of Florida to enjoin EchoStar Communications Corporation from retransmitting all programming originating on any station affiliated with ABC, Inc.; CBS Broadcasting, Inc.; Fox Broadcasting Co.; or National Broadcasting Co. The district court complied, rejecting EchoStar’s last-minute arguments and partial settlement agreement and ordering the injunction imposed effective December 1, 2006. At issue before the Eleventh Circuit was whether EchoStar had violated the Satellite Home Viewer...
U.S. Military Space: Status of Selected Programs
The 1958 National Aeronautics and Space Act specified that military space activities be conducted by the Department of Defense (DOD). DOD and the intelligence community manage a broad array of space activities, including launch vehicle development, communications satellites, navigation satellites (the Global Positioning System—GPS), early warning satellites to alert the United States to foreign missile launches, weather satellites, reconnaissance satellites, and developing capabilities to protect U.S. satellite systems and to deny the use of space to adversaries (called “space control” or...
The Bush Administration requested $138.5 billion (after scorekeeping adjustments) for these agencies for FY2007, an increase of $2.3 billion over the $136.2 billion Congress provided in the agencies’ FY2006 appropriations act (this FY2006 figure reflects a 1.0% across-the-board rescission that was included in the FY2006 Department of Defense Appropriations Act, P.L. 109-148). The total FY2006 funding (after scorekeeping adjustments) for the agencies in this bill was $146.3 billion, due to emergency supplemental funding provided to deal with the effects of the Gulf Coast hurricanes of...
Potential Challenges to U.S. Farm Subsidies in the WTO: A Brief Overview
This report examines U.S. commodity subsidy programs against an emerging set of criteria that test their potential vulnerability to challenge in the World Trade Organization. The criteria are whether the subsidies cause adverse effects contributing to serious prejudice under the Agreement on Subsidies and Countervailing Measures (SCM), Articles 5 and 6.3. When measured against these criteria, available evidence suggests that all major U.S. subsidy program crops, particularly crops receiving benefits under both the counter-cyclical payments program and marketing loan provisions are...
Environmental Protection Agency: FY2007 Appropriations Highlights
During its first session, the 110th Congress completed action on FY2007 appropriations for the Environmental Protection Agency (EPA) with the enactment of the Revised Continuing Appropriations Resolution for FY2007 (P.L. 110-5, H.J.Res. 20). P.L. 110-5 provided funding through the end of that fiscal year for EPA and other federal agencies not funded in the appropriations laws for the Department of Defense (P.L. 109-289) and Homeland Security (P.L. 109-295). P.L. 110-5 provided funding for EPA in FY2007 at the same level, and under the authority and conditions, specified in the Interior,...
Water Resource Issues in the 110th Congress
Water resources management often involves trade-offs among user groups, environmental interests, and local, regional, and national interests. Water resources development is particularly controversial because of budgetary constraints, conflicting policy objectives, environmental impacts, and demands for local control. Hurricane Katrina brought to the forefront long-simmering policy disputes involving local control, federal financing, environmental and social tradeoffs, and multi-level accountability and responsibility for water infrastructure projects, such as levees. Construction,...
Prescription drugs often cost far more in the United States than in other countries. Some consumers have attempted to import medications from abroad in order to realize cost savings. The practice of importing prescription drugs outside the distribution channels established by the brand-name drug company is commonly termed “parallel importation.” Parallel imports are authentic products that are legitimately distributed abroad and then sold to consumers in the United States, without the permission of the authorized U.S. dealer.
Parallel importation may raise significant intellectual property...
Military Base Closures and Realignment: Status of the 2005 Implementation Plan
As part of the implementation for the 2005 Base Realignment and Closure (BRAC) round, the Department of Defense (DOD) required the military departments and defense agencies to create action plans for each of the BRAC Commission’s recommendations. These plans, called “Business Plans”, describe the implementing actions, their timing, cost, and other related issues. DOD is to use these plans as a mechanism to ensure proper coordination among the defense agencies, allocate BRAC resources more efficiently, and to monitor the status of the commission’s recommendations. To date, 219 of the...
The Obviousness Standard in Patent Law: KSR International Co. v. Teleflex Inc.
The Patent Act provides protection for processes, machines, manufactures, and compositions of matter that are useful, novel, and nonobvious. Of these three statutory requirements, the nonobviousness of an invention is often the most difficult to establish. To help courts and patent examiners make the determination, the U.S. Court of Appeals for the Federal Circuit developed a test called “teaching, suggestion, or motivation” (TSM). This test provided that a patent claim is only proved obvious if the prior art, the nature of the problem to be solved, or the knowledge of those skilled in the...
Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.
Generally speaking, United States patent law does not have extraterritorial effect. The exception, however, is § 271(f) of the Patent Act, which makes it an act of patent infringement to manufacture within the United States the components of a patented invention and then export those disassembled parts for combination abroad into an end product. However, in Microsoft Corp. v. AT&T Corp. (550 U.S. ___ , No. 05-1056, decided April 30, 2007), the U.S. Supreme Court held that software companies are not liable for patent infringement under § 271(f) when they export software that has been...
Haiti’s Development Needs and a Statistical Overview of Conditions of Poverty
Haiti’s poverty is massive and deep. Over half the population (54%) of 8.2 million people live in extreme poverty, living on less than $1 a day; 76% live on less than $2 a day. Poverty and hunger among the rural population is even more widespread. In order to reach Haiti’s goal of eradicating extreme poverty and hunger by 2015, its Gross Domestic Product (GDP) would have to grow 3.5% per year, a goal Haiti is not considered likely to achieve. In the past 40 years, Haiti’s per capita real GDP has declined by 30%. Therefore economic growth, even if greater than population growth, is not...
In Winkelman v. Parma City School District, the Supreme Court examined the issue of whether the Individuals with Disabilities Education Act (IDEA) permits parents who are not attorneys to bring suit in court, either on their own behalf or as representatives of their child. The Court held that such pro se suits were permitted for parents suing with regard to their own rights. In an opinion written by Justice Kennedy, the Court concluded that IDEA grants parents independent, enforceable rights that encompass a child’s entitlement to a free appropriate public education and that these rights...
Eliminating the Planting Restrictions on Fruits and Vegetables in the Farm Commodity Programs
Owners of cropland with a history of growing “program crops” receive federal subsidy payments without regard to what crops are currently being produced on these base acres. In other words, these “direct payments” are decoupled from crop planting decisions. While the direct payments program is characterized as giving producers the flexibility to make planting choices based on actual market conditions instead of subsidy rules, there are restrictions. There is a prohibition on planting fruits, vegetables, and wild rice on program crop base acres. This planting restrictions policy is now under...
The Department of Housing and Urban Development: FY2007 Budget
On February 6, 2006, the President submitted his FY2007 budget to the Congress. It proposed funding the Department of Housing and Urban Development (HUD) at $34.1 billion, just over the FY2006 level (not including FY2006 supplementals related to Hurricane Katrina). HUD’s FY2007 budget summary stated that the budget intended to use “taxpayer money more wisely” and “reform programs in need of repair.”
The President’s budget would have increased funding for the Section 8 Housing Choice Voucher program from $15.4 billion in FY2006 to $15.9 billion in FY2007. It proposed to reduce funding to...
Under the auspices of the Uruguay Round’s Agreement on Agriculture (AA), members of the World Trade Organization (WTO) agreed to limit and reduce their most distortive domestic support subsidies. Several types of domestic subsidies were identified as causing minimal distortion to agricultural production and trade, as identified in Annex II (the so-called Green Box) of the AA, and were provided exemption from WTO disciplines. Potential “Green Box” policies include outlays for conservation activities such as the Conservation Security Program and long-term land retirement programs such as the...
Bovine Spongiform Encephalopathy (BSE, or “Mad Cow Disease”): Current and Proposed Safeguards
Through mid-May 2007, the United States had confirmed three cases of bovine spongiform encephalopathy (BSE, or “mad cow disease”): the first in December 2003 in a Canadian-born cow found in Washington state, the second in June 2005 in cow in Texas, and the third in March 2006 in a cow in Alabama.
Shortly after the first case, U.S. Department of Agriculture (USDA) and other officials announced measures to improve existing safeguards against the introduction and spread of BSE. Previously, the major safeguards were: (1) USDA restrictions on imports of ruminants and their products from...
Social Security: The Chilean Approach to Retirement
Over the past few years, there has been intense debate about Social Security reform in the United States. A number of options, ranging from changing the benefit formula to adding individual accounts, has been discussed. The policy debate takes place against the backdrop of an aging population, rising longevity, and relatively low fertility rates, which pose long-range financial challenges to the Social Security system. According to the 2007 Social Security Trustees Report’s intermediate assumptions, the Social Security trust funds are projected to experience cash-flow deficits in 2017 and...
The Section 8 Housing Voucher Program: Reform Proposals in the 108th and 109th Congresses
The Bush Administration has proposed eliminating the Section 8 Housing Choice Voucher program and replacing it with a new program in each of the past several years. While the specifics have changed, each proposal would significantly alter key features of the current program, including its administration, funding distribution, tenant contributions toward rent, initial and ongoing eligibility of families, and the eligible uses of program funds.
The first proposal was referenced in the President’s FY2004 budget request and was later introduced in the 108th Congress (H.R. 1841/S. 947). Called...
State Department and Related Agencies: FY2006 and FY2007 Appropriations and FY2008 Request
State Department funding, formerly in the House Science, State, Justice, Commerce (SSJC) Appropriations Subcommittee, is now aligned in both the House and Senate Appropriations Subcommittees on State-Foreign Operations. In addition to passing annual appropriations, foreign relations authorization legislation is required authorizing the Department of State to spend its appropriations. The 110th Congress is expected also to work on foreign authorization legislation this year.
The President sent his FY2008 budget to Congress on February 5, 2007. Included was the Department of State FY2008...
U.S.-European Union Relations and the 2007 Summit
The U.S. Congress and successive U.S. administrations have supported the European Union (EU) and the process of European integration as ways to foster a stable Europe, democratic states, and strong trading partners. In recent years, a number of trade and foreign policy conflicts have strained the U.S.-EU relationship. Since the divisive dispute over Iraq in 2003, however, both the United States and the EU have sought to improve cooperation and demonstrate a renewed commitment to partnership in tackling global challenges. This report evaluates the results of the annual U.S.-EU summit on...
House Subcommittees: Assignment Process
House rules, Republican Conference and Democratic Caucus rules, and individual committee rules all address the subcommittee assignment process, although to varying degrees. Under House Rule X, clause 5(d), prohibits committees from having more than five subcommittees. However, a committee that maintains a subcommittee on oversight may have not more than six subcommittees. The Appropriations Committee may have up to 13 subcommittees (12 have been created) and the Committee on Oversight and Government Reform may have up to seven subcommittees. For the 110th Congress, pursuant to H.Res. 6,...
House Subcommittees: Assignment Process
House rules, Republican Conference and Democratic Caucus rules, and individual committee rules all address the subcommittee assignment process, although to varying degrees. This report describes the assignment process for House Subcommittees.
Tsunamis: Monitoring, Detection, and Early Warning Systems
This report discusses proposals for international tsunami early warning systems and examines U.S. policy regarding tsunamis.
This report monitors actions taken by the 109th Congress for the House’s Science, State, Justice, Commerce, and Related Agencies (SSJC) and the Senate’s Commerce, Justice, Science, and Related Agencies (CJS) FY2007 appropriations bill. Appropriations bills reflect the jurisdiction of the subcommittees of the House and Senate Appropriations Committees in which they are considered. Jurisdictions for the subcommittees of the House and Senate Appropriations Committees changed at the beginning of the 109th Congress.
On September 29, 2006, Congress passed the Defense Department Appropriation...
International Reaction to the Palestinian Unity Government
The new Palestinian unity government established in March 2007 complicates U.S. policy toward the Palestinian Authority (PA) and the peace process. When Hamas took power last year, the Bush Administration, along with its Quartet partners and Israel, responded by cutting off contact with and halting assistance to the PA. The Administration sought to isolate and remove Hamas while supporting moderates in Fatah, led by President Mahmud Abbas. The international sanctions have not driven Hamas from power, and instead, some assert they may have provided an opening for Iran to increase its...
The main body of this report is a series of tables and an Appendix that summarize and cite bill language that was intended to end or restrict U.S. military operations in Vietnam and Indochina, Somalia, and Kosovo. The report covers enacted provisions as well as those where there were roll call votes but the provision was not ultimately enacted. The first table outlines proposals that restrict funding and the second table describes other types of restrictions.
The other legislation discussed in this report either cut off funding or called on the President to take certain military actions,...
Data Security Breaches: Context and Incident Summaries
Personal data security breaches are being reported with increasing regularity. Within the past few years, numerous examples of data such as Social Security, bank account, credit card, and driver’s license numbers, as well as medical and student records have been compromised. A major reason for the increased awareness of these security breaches is a California law that requires notice of security breaches to the affected individuals. This law, implemented in July 2003, was the first of its kind in the nation.
State data security breach notification laws require companies and other entities...
This report compares the final regulations with current law under Title 5 of the United States Code and relevant regulations under Title 5 of the Code of Federal Regulations. Specifically, Subparts A (General Provisions), B (Classification), C (Pay and Pay Administration), and D (Performance Management) of the final regulations are examined.
Subcommittees in the House of Representatives
Subcommittees are entities created by full committees to assist them in managing their work. Service on subcommittees enables members to develop expertise in specialized fields. Subcommittees diffuse the legislative process. For the most part, they are independent, autonomous units with written jurisdictions, and, pursuant to longstanding practice, most bills are referred by a full committee to them. This report provides a brief history of subcommittees, as well as their modern role and function in Congress.
Data Brokers: Background and Industry Overview
Disclosures of breaches of the customer databases of LexisNexis and ChoicePoint have raised interest in the business and regulation of data brokers, companies that collect personal information from public and private records and sell this information to public and private sector entities. The growth of this industry has generally tracked the increase in government and private sector use of personal information. The vast amount of personal information that data brokers collect and the improper access to such data, however, have spurred concern as to the dangers of identity theft. Identity...
Subcommittees in the House of Representatives
Subcommittees are entities created by full committees to assist them in managing their work. Pursuant to Rule XI, clause 1(a)(A), “The Rules of the House are the rules of its committees and subcommittees so far as applicable....” According to clause 1(a)(2) of the same rule, “each subcommittee of a committee is a part of that committee, and is subject to the authority and direction of that committee and to its rules, so far as applicable.”
Service on subcommittees enables members to develop expertise in specialized fields. Subcommittees diffuse the legislative process. For the most part,...
Energy and Water Development: FY2007 Appropriations
The Energy and Water Development appropriations bill in the past included funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation (BOR), most of the Department of Energy (DOE), and a number of independent agencies. For FY2006, the Congress reorganized the appropriations subcommittees and the content of the various appropriations bills to be introduced. In the case of Energy and Water Development, the only changes were the consolidation of DOE programs that had previously been funded by the Interior and Related Agencies...
Climate Change: Science and Policy Implications
Almost all scientists agree that the Earth’s climate is changing, having warmed by 0.6 to 0.9o Celsius (1.1 to 1.6o Fahrenheit) since the Industrial Revolution. Science indicates that the Earth’s global average temperature is now approaching, or possibly has passed, the warmest experienced since human civilizations began to flourish about 12,000 years ago. During the 20th Century, some areas became wetter while others experienced more drought. Most climate scientists conclude that humans have induced a large part of the climate change since the 1970s. Although natural forces such as solar...
Consideration of the Budget Resolution
Consideration of a concurrent budget resolution is governed by special procedures in the House and Senate. Although the procedures of each chamber differ, they serve generally to expedite consideration of the budget resolution. For more information on the budget process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Summary of the Pension Protection Act of 2006
On July 28, 2006, the House of Representatives passed H.R. 4, the Pension Protection Act, by a vote of 279-131. The bill was passed by the Senate on August 3 by a vote of 93-5 and was signed into law by the President as P.L. 109-280 on August 17, 2006. The Pension Protection Act is the most comprehensive reform of the nation’s pension laws since the enactment of the Employee Retirement Income Security Act of 1974 (ERISA, P.L. 93-406). It establishes new funding requirements for defined benefit pensions and includes reforms that will affect cash balance pension plans, defined contribution...
Formulation and Content of the Budget Resolution
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 88 Stat. 297-332) established the concurrent budget resolution as the centerpiece of the congressional budget process. The annual budget resolution is an agreement between the House and Senate on a budget plan for the upcoming fiscal year and at least the following four fiscal years. As a concurrent resolution, it is not sent to the President for his signature and thus does not become law. The budget resolution, however, provides the framework for subsequent legislative action on the annual appropriations bills, revenue...
Terrorist Screening and Brady Background Checks for Firearms
Historically, terrorist watch list checks were not part of the firearms background check process implemented pursuant to the Brady Handgun Violence Prevention Act. Such watch lists were not checked, because being a known or suspected terrorist is not a disqualifying factor for firearm transfer/possession eligibility under current federal or state law. Nevertheless, if a person is a known or suspected terrorist, it suggests that there may be an underlying factor (e.g., illegal immigration or fugitive status) that could bar him from legal firearms possession. For a time, moreover, all Brady...
The National Commission on Terrorist Attacks Upon the United States, known as the 9/11 Commission, recommended that Congress and the Transportation Security Administration give priority attention to screening airline passengers for explosives. The key issue for Congress is balancing the costs of mandating passenger explosives detection against other aviation security needs. Passenger explosives screening technologies have been under development for several years and are now being deployed in selected airports. Their technical capabilities are not fully established, and operational and...
Cable Television: Background and Overview of Rates and Other Issues for Congress
Cable television is one of the oldest and most popular distribution technologies used to deliver video programming to consumers. It uses fixed coaxial or fiber-optic cables to accomplish delivery. Of the various other methods used to deliver video, only direct broadcast satellite (DBS) successfully competes with cable. It uses communications satellites to deliver signals to individual consumers. In 2005, cable television was received by 65.4 million homes, or approximately 69% of all pay television subscribers. In comparison, DBS was received by 26.1 million homes, or approximately 27.7%...
Privatization and the Federal Government: An Introduction
During the past two decades, the privatization of federal agencies and activities has been much debated. That said, privatization—here defined as the use of the private sector in the provision of a good or service, the components of which include financing, operations (supplying, production, delivery), and quality control—is not a recent phenomenon. Since its founding in 1789, the federal government has used private firms to provide goods and services. Hence, privatization, in all its forms, which include contracting out, vouchers, and prize competitions, is of perennial interest to...
China’s Anti-Satellite Weapon Test
On January 11, 2007, the People’s Republic of China (PRC) conducted its first successful direct-ascent anti-satellite (ASAT) weapons test in destroying one of its own satellites in space. The test raised international concerns about more space debris. Longer-term, the test raised questions about China’s capability and intention to attack U.S. satellites. The purpose of this CRS Report, based on open sources and interviews, is to discuss that ASAT test by China’s military, the People’s Liberation Army (PLA), and issues about U.S. assessments and policies. This report will not be updated.
Senate Committee Rules in the 110th Congress: A Comparison of Key Provisions
Senate Rule XXVI spells out specific requirements for Senate committee procedures. In addition, all Senate committees are required to adopt rules that govern their organization and operation. Those committee rules then elaborate, within Senate rules, how the committee will handle its business. Rules adopted by a committee may “not be inconsistent with the Rules of the Senate” (Senate Rule XXVI, paragraph 2). Committees may add to the basic rules, but they may not add anything that is in conflict with Senate rules.
This report first provides a brief overview of Senate rules as they pertain...
North Korean Actions, 1950 - 2007: Controversy and Issues
This selective list of events provides information on instances of North Korean provocative actions between June 1950 and 2007. The purpose of this report is to place current provocations in the context of past actions to better judge their significance and to determine changes in trends. The term “provocation” is defined to include armed invasion; border violations; infiltration of armed saboteurs and spies; hijacking; kidnapping; terrorism (including assassination and bombing); threats/intimidation against political leaders, media personnel, and institutions; incitement aimed at the...
Watters v. Wachovia Bank, N.A.
In Watters v. Wachovia Bank, the Supreme Court, in a 5-3 decision, ruled that Michigan mortgage lending requirements do not apply to a state-chartered operating subsidiary of a national bank. The decision was based on the Court’s interpretation of various provisions of the National Bank Act, including provisions granting national banks the power to make real estate loans; the “incidental powers” clause, under which national banks have been authorized by the Office of the Comptroller of the Currency (OCC), the regulator of national banks, to conduct banking activities in operating...
Spending and Receipts in FY2006, by Time Period
The federal government collected $2.407 trillion and spent $2.655 trillion in FY2006. These dollar amounts are so large compared to the amounts that most policy makers and citizens encounter in their daily lives that the magnitudes may lose their significance. Over the years, congressional staff and Members have looked for more understandable measures or comprehensible comparisons. This report attempts to provide some of those measures.
Federal Drug Price Negotiation: Implications for Medicare Part D
The Medicare Prescription Drug, Improvement, and Modernization Act (MMA) established a prescription drug benefit for Medicare beneficiaries under Part D, which began on January 1, 2006. One provision of MMA, the “noninterference” clause, expressly forbids the Secretary of Health and Human Services (HHS) from interfering with drug price negotiation between manufacturers and Medicare drug plan sponsors, and from instituting a formulary or price structure for prescription drugs. The framework created by the law emphasizes competition among the Medicare drug plans to obtain price...
Nicaragua: The Election of Daniel Ortega and Issues in U.S. Relations
Sandinista leader and former President Daniel Ortega was inaugurated to a five-year term as President on January 10, 2007. Three elements were key to Ortega’s victory in the November 2006 presidential election: a change in Nicaraguan electoral law, an effective political machine, and a divided opposition. Ortega won only 37.9% of the vote, but was able to avoid a run-off vote because he was ahead of the next closest candidate, Eduardo Montealegre of the Nicaraguan Liberal Alliance (ALN), by more than the 5% required by law. Montealegre, who gained 28.3% of the vote, was regarded by many as...
U.S.-Bahrain Free Trade Agreement
U.S. Trade Representative Robert B. Zoellick signed the U.S.-Bahrain Free Trade Agreement (FTA) on September 14, 2004. The implementing legislation was passed by the House on December 7, 2005, and passed by the Senate and cleared for the White House on December 13, 2005. The agreement was signed into law by the President on January 11, 2006, as the United States-Bahrain Free Trade Agreement Implementation Act (P.L. 109-169).
Under the agreement, all bilateral trade in consumer and industrial goods will be duty free and 98% of U.S. agricultural exports will be duty free. The FTA is to...
Economics of Federal Reserve Independence
The Federal Reserve System (Fed) is charged with responsibility for making U.S. monetary policy. Quasi-public in structure, overseen by a Board of Governors whose members are appointed to serve long terms, and reliant on its own source of funding, the Fed possesses a degree of independence that some argue is inimical to the spirit of democracy. Although this argument (and refutations of it) may be political or constitutional in nature, it is also rooted in certain notions about macroeconomic policy.
The power that the Fed wields is substantial. Along with fiscal policy, monetary policy is...
Adam Walsh Child Protection and Safety Act: A Sketch
The Adam Walsh Child Protection and Safety Act, P.L. 109-248 (H.R. 4472), serves four purposes. It reformulates the federal standards for sex offender registration in state, territorial and tribal sexual offender registries, and does so in a manner designed to make the system more uniform, more inclusive, more informative and more readily available to the public online. It amends federal criminal law and procedure, featuring a federal procedure for the civil commitment of sex offenders, random search authority over sex offenders on probation or supervised release, a number of new federal...
Juvenile Justice: Rights During the Adjudicatory Process
As more attention is being focused on juvenile offenders, some question whether the justice system is dealing with this population appropriately. Since the late 1960s, the juvenile justice system has undergone significant modifications resulting from U.S. Supreme Court decisions, changes in federal and state law, and the growing belief that juveniles were increasingly involved in more serious and violent crimes. Consequently, at both the federal and states levels, the juvenile justice system has shifted from a mostly rehabilitative system to a more punitive one, with serious ramifications...
Defense Transformation: Background and Oversight Issues for Congress
The Bush Administration identified transformation as a major goal for the Department of Defense (DOD) soon after taking office, and initially justified many of its proposals for DOD on the grounds that they were needed for defense transformation. Although defense transformation is still discussed in administration defense-policy documents and budget-justification materials, the concept is now less prominent in discussions of U.S. defense policy and programs than it was during the earlier years of the Bush Administration.
The Administration’s vision for defense transformation calls for...
Military Base Closures and Affected Defense Department Civil Service Employees
As a step in the 2005 round of the base realignment and closure (BRAC) process, the Defense Base Closure and Realignment Commission (commonly referred to as the BRAC Commission) recommended on September 8, 2005, that a number of domestic U.S. military installations be closed or realigned. Overall, the BRAC Commission estimated that the recommended closures or realignments would result in a net decrease of 15,874 federal civilian jobs at the Department of Defense (DOD). On September 15, 2005, the President approved the commission’s recommendations and transmitted them to Congress. Congress...
Homeland Security: Coast Guard Operations - Background and Issues for Congress
The Coast Guard is the lead federal agency for maritime homeland security. For FY2008, the Coast Guard is requesting a total of about $4.5 billion, or a bit more than half its total proposed budget, for the five missions defined in The Homeland Security Act of 2002 (P.L. 107-296) as the Coast Guard’s homeland security missions. The Coast Guard’s homeland security operations pose several potential issues for Congress. This report will be updated as events warrant.
The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (P.L. 108-173) addressed seniors’ rising out-of-pocket costs of prescription drugs by providing a mechanism for beneficiaries to obtain affordable prescription drug insurance coverage. The Medicare prescription drug benefit, otherwise known as Part D, was designed to take advantage of market competition. In accordance with market competition principles, the drug plans that administer the drug benefit are corporations who may rely on rebate negotiation and price-volume discounts as a way to affect prices.
A...
Navy Network-Centric Warfare Concept: Key Programs and Issues for Congress
Programs for implementing network-centric warfare (NCW) in the Navy include the Cooperative Engagement Capability (CEC) and Naval Integrated Fire Control-Counter Air (NIFC-CA) systems, the IT-21 program, and FORCEnet. A related program is the Navy-Marine Corps Intranet (NMCI). Congress has expressed concern for some of these programs, particularly NMCI. This report will be updated as events warrant.
Speechwriting in Perspective: A Brief Guide to Effective and Persuasive Communication
The frequent delivery of public remarks by Senators and Representatives is an important element of their roles as community leaders, spokespersons, and freely elected legislators. Congressional staff are often called on to help prepare draft remarks for such purposes.
Writing for the spoken word is a special discipline; it requires that congressional speechwriters’ products be written primarily, although not exclusively, to be heard, not read. Speeches are better cast in simple, direct, and often short sentences that can be easily understood by listeners. Rhetorical devices such as...
Unmanned Vehicles for U.S. Naval Forces: Background and Issues for Congress
Unmanned vehicles (UVs) are viewed as a key element of the effort to transform U.S. military forces. The Department of the Navy may eventually acquire every major kind of UV. Navy and Marine Corps UV programs raise several potential issues for Congress. This report will be updated as events warrant.
Trade Conflict and the U.S.-European Union Economic Relationship
The United States and the European Union (EU) share a huge, dynamic, and mutually beneficial economic partnership. Not only is the U.S.-EU trade and investment relationship the largest in the world, but it is also arguably the most important. Agreement between the two partners in the past has been critical to making the world trading system more open and efficient.
Given the high level of U.S.-EU commercial interactions, trade tensions and disputes are not unexpected. In the past, U.S.-EU trade relations have witnessed periodic episodes of rising trade tensions and conflicts, only to be...
Taxation of Aviation Prior to 1970
Prior to the 1970 creation of the airport and airway trust fund and the aviation taxes that supported it, there were no aviation specific taxes (taxes levied on aviation use or users solely for the support of aviation infrastructure) in the United States. Aviation users were, however, subject to manufacturers’ excise taxes such as those on gasoline, oil lubricants, tires, and inner tubes. Excise taxes on the transportation of persons and property were imposed during the early 1940s as war revenue measures. Although efforts were made, beginning almost immediately after the end of World War...
Terminal Operators and Their Role in U.S. Port and Maritime Security
The failed attempt by Dubai Ports World (DP World) to operate marine terminals at some U.S. ports raises the issue of whether foreign marine terminal operators pose a threat to U.S. homeland security. Notwithstanding the sale of U.S. terminal operations by DP World to a U.S. entity, the underlying issue remains because many U.S. marine terminals are operated by foreign-based companies and a similar transaction could occur in the future, given the global nature of the shipping industry.
Evaluating the potential security ramifications of foreign-based terminal operators requires first...
Naval Transformation: Background and Issues for Congress
The Department of the Navy (DON) has several efforts underway to transform U.S. naval forces to prepare them for future military challenges. Key elements of naval transformation include a focus on operating in littoral waters, increasing the Navy’s capabilities for participating in the global war on terrorism (GWOT), network-centric operations, use of unmanned vehicles, directly launching and supporting expeditionary operations ashore from sea bases, new kinds of naval formations, new ship-deployment approaches, reducing personnel requirements, and streamlined and reformed business...
Navy Force Structure: Alternative Force Structure Studies of 2005—Background for Congress
This CRS report summarizes three studies submitted to Congress in 2005 on potential future Navy ship force structures, and is intended as a lasting reference source on these three studies.
Two of the three studies were conducted in response to Section 216 of the conference report (H.Rept. 108-354 of November 7, 2003) on the FY2004 defense authorization act (H.R. 1588/P.L. 108-136 of November 24, 2003). The two studies were conducted by the Center for Naval Analyses (CNA) and the Office of Force Transformation (OFT, which was then a part of the Office of the Secretary of Defense). They were...
Adam Walsh Child Protection and Safety Act: A Legal Analysis
The Adam Walsh Child Protection and Safety Act, (P.L. 109-248, H.R. 4472), emerged from Congress following the passage of separate bills in the House and Senate (H.R. 3132 and S. 1086 respectively). The act’s provisions fall into four categories: a revised sex offender registration system, child and sex related amendments to federal criminal and procedure, child protective grant programs, and other initiatives designed to prevent and punish sex offenders and those who victimize children.
The sex offender registration provisions replace the Jacob Wetterling Act provisions with a statutory...
The Federal Activities Inventory Reform Act and Circular A-76
This report begins with a brief history of Circular A-76, a review of the its key components, and an assessment of the implementation of the circular. The section on FAIR (Federal Activities Inventory Reform Act) describes how it emerged from a series of compromises, explains the statute's key provisions, and reviews the implementation process, including guidance issued by OMB. The final section addresses recent initiatives, notably the President's competitive sourcing initiative and the Commercial Activities Panel.
Student Loan Repayment for Federal Employees
Under a law enacted in 1990 (P.L. 101-510) and amended in 2000 (P.L. 106-398) and 2003 (P.L. 108-123 and P.L. 108-136), federal agencies may repay portions of the student loans of highly qualified General Schedule (GS) and non-GS (including Foreign Service) employees they seek to recruit and retain. Eligible employees must sign at least a three-year service agreement to remain with their agencies. In return, these employees may receive loan repayments of up to $10,000 per year and up to $60,000 in total from an agency. Various student loans specified in law and authorized by the Higher...
Land Conversion in the Northern Plains
Land is being converted from native grass or rangeland into crop production in the Northern Plains region, especially in South Dakota, North Dakota, and Montana. Advocates of wildlife protection and enhancement, and grazing interests, are concerned that landowners in this region will continue to convert grasslands to crop production, especially to corn production, as long as market prices remain high. As the rate of land conversion accelerates, those concerned suspect it will have significant environmental impacts and reduce the amount of land available for both wildlife habitat and...
The Strategic Energy Efficiency and Renewables Reserve in the CLEAN Energy Act of 2007 (H.R. 6)
H.R. 6 would use revenue from certain oil and natural gas policy revisions to create an Energy Efficiency and Renewables Reserve. The actual uses of the Reserve would be determined by ensuing legislation. A variety of tax, spending, or regulatory bills could draw funding from the Reserve to support liquid fuels or electricity policies. The House budget resolution (H.Con.Res. 99) would create a deficit-neutral reserve fund nearly identical to that proposed in H.R. 6. The Senate budget resolution (S.Con.Res. 21) would create three reserve funds with purposes related to those in H.R. 6....
In 2004, Congress passed the Satellite Home Viewer Extension and Reauthorization Act, SHVERA, as part of the FY2005 Consolidated Appropriations Act (H.R. 4818, P.L. 108-447). Among its many provisions, the law modified subscriber eligibility for distant and local analog broadcast network television signals. Some satellite television subscribers had to choose between either local or distant broadcast network signals instead of receiving both. This report explains the provisions in SHVERA, and outlines subsequent court decisions involving direct broadcast satellite providers, including...
Alcohol use by persons under age 21 has been identified as a major public health problem. Studies note that it increases the risks for disability, and may be detrimental to the developing brain. Minors who drink are more likely to commit suicide, break the law, or be victims of violence. Alcohol is implicated in nearly one-third of youth traffic fatalities. The total annual cost of underage drinking is estimated at $62 billion. While most laws intended to prevent underage drinking are passed at the state level, there has been legislative activity and interest at the federal level to...
Avian Influenza in Poultry and Wild Birds
Avian influenza is a viral disease that primarily infects birds, both domestic and wild. Certain strains of bird flu break the avian barrier and have been known to infect other animals and humans. Avian flu viruses are common among wild bird populations, which act as a reservoir for the disease. While rarely fatal in wild birds, avian flu is highly contagious and often fatal in domestic poultry, prompting strict biosecurity measures on farms. International trade restrictions imposed by countries to counter avian flu can have large economic effects.
The H5N1 strain of highly pathogenic...
This comparative analysis of H.R. 1 (Implementing the 9/11 Commission Recommendations Act of 2007) and S. 4 (Improving America’s Security Act of 2007) is an assessment of major similarities and differences between the two bills as passed by the House (January 9, 2007) and Senate (March 13, 2007) and under conference consideration.
References to the two bills are to engrossed versions. The presentation is organized to follow the basic construct of the House bill because its coverage remained more stable through the legislative process and as the analyses began. Titles unique to S. 4 follow...
Military Support to the Severely Disabled: Overview of Service Programs
Ongoing military operations in Iraq and Afghanistan have caused serious injuries to some military personnel. Many have been returned to medical facilities in the U.S., especially Walter Reed Army Medical Center, the National Naval Medical Center, and Brooke Army Medical Center. These severe and traumatic injuries—including amputations, burns, blindness, brain injury, and paralysis—often create significant hardships for the affected individuals that make independent living difficult or impossible. For example, an injured service member may need extensive physical therapy, transportation...
U.S. Trade with Developing Countries: Trends, Prospects, and Policy Implications
Developing countries, a heterogeneous group of low- and middle-income countries, have become an increasingly significant factor in U.S. trade flows and trade policy over the last two or more decades. Their influence is reflected in the issues on the trade agenda of the 110th Congress: the possible renewal of fast track trade authority/Trade Promotion Authority; implementing legislation for free trade agreements; re-authorization of trade adjustment assistance (TAA) for workers and firms; review and possible re-authorization of Generalized System of Preferences and other trade preference...
U.S. and Coalition Military Operations in Afghanistan: Issues for Congress
The U.S. military has been involved in Afghanistan since the fall of 2001 when Operation Enduring Freedom toppled the Taliban regime and attacked the Al Qaeda terrorist network hosted by the Taliban. A significant U.S. military presence in the country could continue for many years as U.S., North Atlantic Treaty Organization (NATO), Coalition, and Afghan National Army (ANA) forces attempt to stabilize the country by defeating the insurgency, facilitating reconstruction, and combating Afghanistan’s illegal drug trade. Despite NATO’s assumption of command of the International Security...
Pakistan and Terrorism: A Summary
This report provides a summary review of issues related to Pakistan and terrorism, especially in the context of U.S. interests, policy goals, and relevant assistance. The outcomes of U.S. policies toward Pakistan since 9/11, while not devoid of meaningful successes, have neither neutralized anti-Western militants and reduced religious extremism in that country nor contributed sufficiently to the stabilization of neighboring Afghanistan. Many observers thus urge a broad re-evaluation of such policies. Sources for this report include, among other things, the U.S. Departments of State and...
Navy Aircraft Carriers: Retirement of USS John F. Kennedy - Issues and Options for Congress
The conventionally powered aircraft carrier John F. Kennedy (CV-67) was decommissioned at Mayport, FL, on March 23, 2007. The ship will be towed to the Navy’s inactive ship facility at Philadelphia, where it will be placed in preservation (“mothball”) status. The Navy had proposed retiring the Kennedy and reducing the size of the carrier force from 12 ships to 11 as part of its proposed FY2006 and FY2007 budgets. Until mid-2005, the Kennedy was homeported in Mayport, FL. Prior to the proposal to retire the Kennedy, the Navy’s plan was to maintain a 12-carrier force and keep the Kennedy in...
Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress
When the office of President of the United States becomes vacant due to “removal ... death or resignation” of the chief executive, the Constitution provides that “the Vice President shall become President.” When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both offices are vacant simultaneously, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the speakership is also vacant, the President Pro Tempore of...
Article 98 Agreements and Sanctions on U.S. Foreign Aid to Latin America
During 2006, the Administration and Congress began to reassess some aspects of U.S. policy towards the International Criminal Court (ICC) because of unintended negative effects of that policy on relations with some ICC member countries, especially in Latin America. In Congress, support for aid restrictions on foreign aid to ICC member countries that have not agreed to exempt U.S. citizens from the court’s jurisdiction has diminished. This policy shift has occurred largely because of increasing concerns about the negative effects that ICC-related sanctions have had on U.S. relations with...
Labor, Health and Human Services, and Education: FY2007 Appropriations
This report tracks FY2007 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and 14 related agencies. The report, which will be updated, summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
On February 6, 2006, the President submitted the FY2007 budget request to Congress, including $138.3 billion in discretionary L-HHS-ED funds; the comparable FY2006 amount was $147.3 billion, enacted primarily...
Subprime Mortgages: Primer on Current Lending and Foreclosure Issues
This report discusses the issue of subprime mortgages, which are loans extended to borrowers with weak credit profiles. Subprime mortgages entail higher risk of delinquency and default. Recent increases in subprime borrower foreclosures and lender bankruptcies have prompted concerns that some lenders’ underwriting guidelines are too loose and that some borrowers may not have fully understood the risks of the mortgage products they chose. Regulatory agencies are revisiting the guidance they provide lenders and are reevaluating required disclosures to consumers. In addition, Congress is...
Congress has expressed interest in cruise missile defense for years. Cruise missiles (CMs) are essentially unmanned attack aircraft—vehicles composed of an airframe, propulsion system, guidance system, and weapons payload. They may possess highly complex navigation and targeting systems and thus have the capability to sustain low, terrain-hugging flight paths as well as strike with great accuracy. CMs can be launched from numerous platforms—air-, land-, or sea-based—and they can be outfitted with either conventional weapons or weapons of mass destruction (WMD). The Department of Defense is...
Grazing Regulations: Changes by the Bureau of Land Management
The Bureau of Land Management (BLM) issued changes to grazing regulations (43 C.F.R. Part 4100) on August 11, 2006, after a three year review. Some portions of the regulations have been enjoined. The previous major revision of grazing rules, which took effect in 1995, was highly controversial. The 2006 changes addressed many of the same issues, and received mixed reviews. BLM asserted that the 2006 changes were needed to increase flexibility for grazing managers and permittees, to improve rangeland management and grazing permit administration, to promote conservation, and to comply with...
Animal Agriculture: Selected Issues for Congress
The value of animal production on the 1.3 million U.S. dairy, livestock, and poultry farms (2002 Census of Agriculture) averages about $124 billion annually, more than half the total value of all U.S. agricultural production. The United States produces—and consumes—more beef/veal, pork, poultry, and milk than almost any other single country (China leads in pork). U.S. exports have grown rapidly in recent decades, as has integration of U.S. meat production and processing with that of Mexico and Canada.
Farming, processing, and marketing have all trended toward larger and fewer operations...
Network Centric Operations: Background and Oversight Issues for Congress
Network Centric Operations (also known as Network Centric Warfare) is a key component of DOD planning for transformation of the military. Network Centric Operations (NCO) relies on computer equipment and networked communications technology to provide a shared awareness of the battle space for U.S. forces. Proponents say that a shared awareness increases synergy for command and control, resulting in superior decision-making, and the ability to coordinate complex military operations over long distances for an overwhelming war-fighting advantage. NCO technology saw limited deployment in...
Railroad Retirement Board Annuities for Widows and Widowers
The Railroad Retirement and Survivors’ Improvement Act of 2001 (P.L. 107-90) increased monthly annuities for many Railroad Retirement Board (RRB) widow and widower beneficiaries. The legislation added a guaranty amount—a temporary supplemental payment—to the initial annuities, making them greater than previously. However, the legislation also provided that the monthly annuities would not increase with annual cost-of-living adjustments (COLAs) while guaranty amounts are paid, in effect keeping them constant for several years.
The rules for widow(er) annuities are a source of confusion among...
Federal Research and Development Funding: FY2007
On February 15, 2007 President Bush signed into law P.L. 110-5 (H.J.Res. 20), which provides funding for the nine outstanding regular appropriations bills through September 30, 2007.The 109th Congress passed two appropriations bills, the Department of Defense (P.L. 109-289, H.Rept. 109-676) and the Department of Homeland Security (P.L. 109-295, H.Rept. 109-699). P.L. 110-5 will fund most agencies at FY2006 levels through September 30, 2007. However, P.L. 110-5 contains some exceptions to those guidelines, including the centerpiece of the President’s proposed FY2007 R&D budget, the American...
Drug Safety: A Side-by-Side Comparison of Bills in the 110th Congress
Members of Congress and the public are increasingly concerned about the ability of the Food and Drug Administration (FDA) to ensure that the drugs sold in the United States are safe and effective. In November 2004, FDA asked the Institute of Medicine (IOM) to assess the current system for evaluating and ensuring drug safety and to make recommendations to improve risk assessment, surveillance, and the safe use of drugs. IOM released The Future of Drug Safety: Promoting and Protecting the Health of the Public in September 2006, and FDA issued its response in January 2007. The following drug...
Although the vast majority of Muslims in Europe are not involved in radical activities, Islamist extremists and vocal fringe communities that advocate terrorism exist and reportedly have provided cover for terrorist cells. Germany and Spain were identified as key logistical and planning bases for the September 11, 2001 attacks on the United States. The March 2004 terrorist bombings in Madrid have been attributed to an Al Qaeda-inspired group of North Africans. UK authorities have named four British Muslims as the perpetrators of the July 2005 terrorist attacks on London; in August 2006,...
The FY2008 Budget Request for the U.S. Department of Agriculture
The Administration’s FY2008 budget request for the U.S. Department of Agriculture (USDA) includes $92.2 billion in budget authority. Proposed discretionary budget authority would increase 1.6% from FY2007 levels to $20.3 billion. Mandatory budget authority would remain nearly steady at $71 billion; formula-driven increases in crop insurance and domestic food assistance would offset decreases in commodity program payments. The Administration’s 2007 farm bill proposal is largely separate from its budget request, although a $500 million per year placeholder for new spending is included in the...
House Committee Markup: Preparation
Markups provide Members on a committee an opportunity to change parts of a bill prior to its consideration by the full House. A number of administrative, procedural, and substantive steps must be undertaken in preparation for a markup, and other steps could or should be undertaken. Generally, the markup should be strategically planned to minimize controversy, provide Members with political dividends, and position the committee for future action.
The information provided here is not comprehensive, nor is every item needed in every case. Rather, this report is intended as a guide for various...
District of Columbia School Reform Proposals: Congress’s Possible Role in the Legislative Process
On January 5, 2007, the newly elected mayor of the District of Columbia, Adrian Fenty, released his legislative proposal to transfer administrative and budgetary control of the District’s public schools from the Board of Education to the Office of the Mayor. Under the proposed Education Reform Act, the city council would reorganize the city’s authority over the schools, while calling on Congress to amend provisions of the Home Rule Act relating to the District of Columbia School Board structure and to restrictions on the school budget authority. To the extent that Congress sought to...
House Committee Markup: Amendment Procedure
The essential purpose of a committee markup is to determine whether a measure pending before a committee should be altered, or amended, in any substantive way. Of course, committees do not actually amend measures; instead a committee votes on which amendments it wishes to recommend to the House.
How a panel conducts the amending process in markup for the most part reflects procedures used in the Committee of the Whole, as possibly modified by an individual committee’s rules. There is also a widespread feeling that the level of formality in a markup often reflects the level of contention in...
North Korea’s Nuclear Weapons: Latest Developments
On October 9, 2006, North Korea conducted a nuclear test, with a yield of under 1 kiloton (vice the anticipated 4-kiloton yield). The United States and other countries condemned the test and the U.N. Security Council passed Resolution 1718 on October 14, which requires North Korea to refrain from nuclear or missile tests, rejoin the Nuclear Nonproliferation Treaty (NPT), and dismantle its WMD programs. The test is the latest provocative act of many since 2002, when North Korea ended an eight-year freeze on its plutonium production program, expelled international inspectors and restarted...
Authorities to direct federal preparedness for and response to public health emergencies are found principally in the Public Health Service Act (PHS Act), and are administered by the Secretary of Health and Human Services (HHS). Three recent laws provided the core of these authorities. P.L. 106-505, the Public Health Threats and Emergencies Act of 2000 (Title I of the Public Health Improvement Act), established a number of new programs and authorities, including grants to states to build public health preparedness. P.L. 107-188, the Public Health Security and Bioterrorism Preparedness and...
Combating Terrorism: The Challenge of Measuring Effectiveness
This report is designed to support efforts of the 110th Congress to understand and apply broad based objective criteria when evaluating progress in the nation’s efforts to combat terrorism. It is not intended to define specific, in-depth, metrics for measuring progress against terrorism.
How one perceives and measures progress is central to formulating and implementing anti-terror strategy. Perception has a major impact, as well, on how nations prioritize and allocate resources. On the flip side, the parameters used to measure progress can set the framework for the measurement of failure....
The Electoral College: Reform Proposals in the 109th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. For additional information on contemporary operation of the system, please consult CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.
Despite occasional close elections, this system has delivered uncontested results in 47 of 51 elections since the 12th Amendment was ratified in 1804. Down these many...
On April 28, 2006, the Department of State sent to Congress its annual report on global terrorism: Country Reports on Global Terrorism 2005. The 262-page report provides an annual strategic assessment of trends in terrorism and the evolving nature of the terrorist threat, coupled with detailed information on anti-terror cooperation by nations worldwide. The report and underlying data portray a threat from radical Jihadists that is becoming more widespread, diffuse, and increasingly homegrown, often with a lack of formal operational connection with al Qaeda ideological leaders such as Osama...
Agroterrorism: Threats and Preparedness
The potential for terrorist attacks against agricultural targets (agroterrorism) is increasingly recognized as a national security threat, especially after the events of September 11, 2001. Agroterrorism is a subset of bioterrorism, and is defined as the deliberate introduction of an animal or plant disease with the goal of generating fear, causing economic losses, and/or undermining social stability.
The goal of agroterrorism is not to kill cows or plants. These are the means to the end of causing economic damage, social unrest, and loss of confidence in government. Human health could be...
The USDA 2007 Farm Bill Proposal: Possible Questions
On January 31, 2007, the Secretary of Agriculture publicly released a set of recommendations for a 2007 farm bill. The proposal is comprehensive and follows largely the outline of the current 2002 farm bill, which expires this year. It includes proposals regarding commodity support, conservation, trade, nutrition and domestic food assistance, farm credit, rural development, agricultural research, forestry, energy, and such miscellaneous items as crop insurance, organic programs, and Section 32 purchases of fruits and vegetables.
The Administration delivered its report to Congress, not as a...
Health care spending is one of the most rapidly growing portions of the federal budget. Projections suggest if the rapid growth in health care costs is not curtailed, governments at all levels will face an uncomfortable choice between significant cuts in other spending priorities or major tax increases. This report examines the economic justification for government intervention and involvement in health care markets.
Many analysts claim market-oriented policies, in certain instances, could lower costs and enhance efficiency in health care. This report discusses the Invisible Hand Theorem,...
Title IV of the Higher Education Act (HEA) authorizes programs that provide student financial aid to support attendance at a variety of institutions of higher education (IHEs). These institutions include public institutions, private non-profit institutions, and private for-profit (proprietary) institutions. In order for students attending a school to receive federal Title IV assistance, the school must:
Be licensed or otherwise legally authorized to provide postsecondary education in the state in which it is located,
Be accredited by an agency recognized for that purpose by the Secretary...
District of Columbia School Reform Proposal: Authority of the D.C. Council To Implement
This report addresses the authority of the District of Columbia Council to implement a proposed reorganization of the District of Columbia Board of Education. Specifically, the report addresses the authority of the Council to implement the proposed District of Columbia Public Education Reform Amendment Act of 2007, a bill currently being considered by Council. The proposed Act would involve extensive revision of the D.C. Code, including parts of the District of Columbia Home Rule Act. In addition, the report considers to what extent Congress would be required to legislate to implement this...
Nuclear Power: Outlook for New U.S. Reactors
Nearly three decades after the most recent order was placed for a new nuclear power plant in the United States, several utilities are now expressing interest in building a total of up to 30 new reactors. The renewed interest in nuclear power has resulted primarily from higher prices for natural gas, improved operation of existing reactors, and uncertainty about future restrictions on coal emissions. A substantial tax credit and other incentives for nuclear generation provided by the Energy Policy Act of 2005 (P.L. 109-58) are also likely to improve the economic viability of qualifying new...
Iran’s Nuclear Program: Recent Developments
International Atomic Energy Agency (IAEA) inspections since 2003 have revealed two decades’ worth of undeclared nuclear activities in Iran, including uranium enrichment and plutonium separation efforts. Iran agreed in 2003 to suspend sensitive activities in negotiations with Germany, France, and the UK (EU-3), which broke down in August 2005. On September 24, 2005, the IAEA Board of Governors found Iran to be in noncompliance with its Nuclear Nonproliferation Treaty (NPT) safeguards agreement and reported Iran’s case to the U.N. Security Council in February 2006. The Security Council...
Homeland Security Grants: FY2003 - FY2006 Evolution of Program Guidance and Grant Allocation Methods
On May 31, 2006, the U.S. Department of Homeland Security (DHS) announced FY2006 allocations of federal homeland security assistance to states and urban areas. That assistance is made available through the following three programs:
the State Homeland Security Grant Program (SHSGP), which is designed to fund state homeland security strategy activities to build first responder and emergency management capabilities to prevent, protect against, respond to, and recover from acts of terrorism and catastrophic events;
the Law Enforcement Terrorism Prevention Program (LETPP), which focuses on law...
Interior, Environment, and Related Agencies: FY2007 Appropriations
The FY2007 Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for two agencies within other departments—the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also includes funding for arts and cultural agencies; the Environmental Protection Agency, which was recently transferred to the appropriations subcommittees that deal with Interior and Related Agencies; and numerous other entities and...
Voter Identification and Citizenship Requirements: Overview and Issues
The Help America Vote Act of 2002 (HAVA, P.L. 107-252) requires that certain voters who had registered by mail present a form of identification from a list specified in the act. States vary greatly in what identification they require voters to present, ranging from nothing beyond the federal requirement to photographic identification for all voters. The adequacy of the current federal requirement has been controversial, and several bills were introduced in the 109th and previous Congresses both to broaden and restrict that requirement. H.R. 4844 (Hyde), which was passed by the House on...
The Direct Recording Electronic Voting Machine (DRE) Controversy: FAQs and Misperceptions
Most voting systems used in U.S. elections rely on computers in some way. The most computerized is the direct recording electronic voting machine, or DRE. In this system, votes are recorded directly onto computer memory devices. While DREs have been in use since the early 1990s, questions about their security and reliability were previously a relatively minor issue, even following the November 2000 presidential election and the subsequent congressional deliberations leading to the enactment of the Help America Vote Act of 2002 (HAVA, P.L. 107-252).
However, at least two factors led to a...
Energy Policy: Conceptual Framework and Continuing Issues
Energy policy continues to be a major legislative issue, despite passage of the Energy Policy Act of 2005 (EPACT, P.L. 109-58). Shortly after EPACT’s enactment, Hurricanes Katrina and Rita temporarily shut down production of oil and gas and refining capacity in Texas and Louisiana. World and domestic demand for oil remained strong, and other factors have placed pressure on gasoline prices and deliverability in the United States.
In the face of these developments, and because the prospect that this episode of elevated prices is likely to be a long one, interest in energy policy remains high...
Reports issued by committees of the 109th Congress, the White House, federal offices of Inspector General, and the Government Accountability Office (GAO), among others, concluded that the losses caused by Hurricane Katrina were due, in part, to deficiencies such as questionable leadership decisions and capabilities, organizational failures, overwhelmed preparation and communication systems, and inadequate statutory authorities. As a result, the 109th Congress revised federal emergency management policies vested in the President; reorganized the Federal Emergency Management Agency (FEMA);...
Military Construction, Military Quality of Life and Veterans Affairs: FY2007 Appropriations
The structure of the Committees on Appropriations were changed at the beginning of the 109th Congress, altering jurisdictions over the appropriations covered in this report, including military construction, military housing allowances, military installation maintenance and operation, the Department of Veterans Affairs, and other veteran-related agencies, rested in the House Committee on Appropriations with the new Subcommittee on Military Quality of Life and Veterans Affairs. In the Senate Committee on Appropriations, jurisdiction for military construction, the Department of Veterans...
This report has been updated with an epilogue on the creation of a standing House Committee on Homeland Security in the 109th Congress, the election of a new chair September 15, 2005, and the committee’s organization in the 110th Congress. The original report was not changed; its summary follows:
The 9/11 Commission and other commissions and think tanks studying homeland security recommended congressional committee reorganization to increase Congress’s policy and oversight coordination. This report analyzes selected recommendations relevant to House committee reorganization.
In the 108th...
Foreign Countries' Response to the Avian Influenza (H5N1) Virus: Current Status
This report highlights recent efforts by affected countries to control the spread of the avian influenza (H5N1) virus. Included is statistical information on confirmed human cases and deaths through February 27, 2007. For more background information on earlier efforts by these countries and international organizations through September 2006, see CRS Report RL33349 , International Efforts to Control the Spread of the Avian Influenza (H5N1) Virus: Affected Countries' Responses . This report will be updated as events warrant. For additional information on the H5N1 virus, U.S....
The Deficit Reduction Act of 2005 (DRA, P.L. 109-171) includes a scaled-back version of welfare reauthorization. More extensive versions were considered during the preceding four-year debate. (See CRS Report RL33418, Welfare Reauthorization in the 109th Congress: An Overview, by Gene Falk, Melinda Gish, and Carmen Solomon-Fears for details.) The DRA extends funding at current levels for basic state grants under the Temporary Assistance for Needy Families (TANF) block grant through Fiscal Year (FY) 2010. It requires most states to either raise participation in work activities among families...
U.S. Assistance to the Former Soviet Union
Since 1992, the United States has provided more than $28 billion in assistance to the 12 states of the former Soviet Union (FSU). It continues to provide nearly $2 billion annually. This report describes the broad framework of U.S. assistance programs and policies in the region and then focuses on the FREEDOM Support Act (FSA) account under the foreign operations budget which, encompassing all U.S. objectives in the region, has often been the means by which Congress has expressed its views and sought to influence policy.
Three objectives have been most prominent in the U.S. assistance...
NATO leaders held a summit in Riga, Latvia, November 28-29, 2006. There were no major new initiatives. The allies concentrated their discussion on operations, above all in Afghanistan, capabilities, and partnerships. They also discussed enlargement, but no new members are likely to join the alliance for several years. This report will be updated as needed. See also CRS Report RL32342, NATO and the European Union, by Kristin Archick and Paul Gallis.
Private Immigration Legislation
Private immigration bills warrant careful consideration with regard to precedent since they are a special form of relief allowing the circumvention of the public laws concerning immigration and nationality in uniquely meritorious cases. This report will give an overview of the congressional subcommittee procedure and precedents concerning private immigration bills. This report will not cover parliamentary procedural issues for private bills, which are covered by CRS Report 98-628, Private Bills: Procedure in the House, by Richard S. Beth.
Veterans’ Medical Care: FY2007 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility rules. Benefits to veterans range from disability compensation and pensions to hospital and medical care. VA provides these benefits to veterans through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through an integrated health care...
Child Welfare: Enactment of the Child and Family Services Improvement Act of 2006 (P.L. 109-288)
The Child and Family Services Improvement Act of 2006 was enacted on September 25, 2006 (P.L. 109-288). As enacted it extends the funding authorization of the Promoting Safe and Stable Families (PSSF) program for five years (FY2007-FY2011) and annually targets the use of $40 million in new funds for the program for two purposes: to support monthly caseworker visits and to improve outcomes for children affected by their parent/caretaker’s abuse of methamphetamine or another substance. As under prior law, states must spend the majority of PSSF funds on four broad categories of child and...
Election Reform: Issues and Legislative Proposals in the 109th Congress
Despite the passage of the Help America Vote Act (P.L. 107-252) in 2002, many election-reform issues have continued to arise in conjunction with subsequent federal elections. Attempts to address those issues legislatively took form in many bills introduced in recent Congresses, particularly the 109th. Some of those bills responded specifically to issues that arose from the passage of HAVA. Others responded to events, especially problems that occurred during the 2004 federal election and as a result of the hurricanes of 2005. Still others addressed longstanding election-reform issues. Some...
Oil and Gas Tax Subsidies: Current Status and Analysis
The CLEAN Energy Act of 2007 (H.R. 6) was introduced by the House Democratic leadership to revise certain tax and royalty policies for oil and natural gas and to use the resulting revenue to support a reserve for energy efficiency and renewable energy. Title I proposes to repeal certain oil and natural gas tax subsidies, and use the resulting revenue stream to support the reserve. The Congressional Budget Office (CBO) estimates that Title I would repeal about $7.7 billion in oil and gas tax subsidies over the 10-year period from 2008 through 2017. In House floor debate, opponents argued...
U.S.-World Merchandise Trade Data: 1948-2006
U.S. merchandise trade is trade in goods only, not services. In 2006, U.S. exports, imports, and trade deficit reached their highest historical values: U.S. exports were $1.0 trillion, a 14.5% increase; U.S. imports were $1.9 trillion, a 10.9% increase; and the U.S. merchandise trade balance reached -$818 billion, a 6.6% increase.
Merchandise trade statistics are used to measure trade in commodities and with partner countries and groups. Latest official annual trade statistics of the U.S. Department of Commerce, used in this report, show that U.S. exports remain strong and growing and that...
Armed Career Criminal Act (ACCA): Using Prior Juvenile Adjudications for Sentence Enhancements
With recent U.S. Supreme Court decisions regarding the role of judges and juries in making factual determinations upon which sentences are made, there has been increased congressional interest in federal sentencing. One aspect of federal sentencing includes recidivism statutes that provide longer sentences for repeat offenders. One such statute, the Armed Career Criminal Act (ACCA), requires imposition of a 15-year prison sentence for an individual with prior serious drug or violent felony convictions. Under the ACCA, non-jury juvenile adjudications qualify as prior convictions. The use of...
The Foreign Service and a New Worldwide Compensation System
At a time when increasing numbers of Foreign Service personnel are going to posts of greater hardship and danger, an 18.5% pay differential that currently exists between service in Washington, DC, and service abroad is impacting morale and assignment considerations. Provisions implementing a new compensation system to address this issue were developed and supported by the George W. Bush administration, the American Foreign Service Association (AFSA), and the bipartisan leadership of both the House Committee on International Relations (HIRC) and the Senate Committee on Foreign Relations...
Mercury Emissions from Electric Power Plants: States Are Setting Stricter Limits
In March 2005, the U.S. Environmental Protection Agency (EPA) promulgated the first national emission standards for mercury emissions from electric power plants. EPA studies conclude that about 6% of American women of child-bearing age have blood mercury levels sufficient to increase the risk of adverse health effects (especially lower IQs) in children they might bear. Power plants account for 42% of total U.S. mercury emissions, according to EPA. Thus, there has been great interest in the agency’s power plant regulations.
The regulations established a cap-and-trade program to address...
Pandemic Influenza: Domestic Preparedness Efforts
In 1997, a new avian influenza (“flu”) virus emerged in Asia and jumped directly from birds to humans, killing six people. The virus has since spread to more than 50 countries in Asia, Europe and Africa, where it has killed millions of birds and infected more than 270 people, killing more than 160 of them. The virus bears some similarity to the deadly 1918 Spanish flu, which caused a global pandemic estimated to have killed more than 50 million people worldwide. The current spread of avian flu raises concerns about another human flu pandemic.
Global pandemic preparedness and response...
The Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1801 et seq., as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records. The USA PATRIOT Act of 2001, P.L. 107-56, made...
Intelligence Spending: Public Disclosure Issues
Although the United States Intelligence Community encompasses large Federal agencies—the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Reconnaissance Office, the National Geospatial-Intelligence Agency (NGA), and the National Security Agency (NSA)—among others—neither Congress nor the executive branch has regularly made public the total extent of intelligence spending. Rather, intelligence programs and personnel are largely contained, but not identified, within the capacious budget of the Department of Defense (DOD). This practice has long been...
The Child Support Enforcement (CSE) program, Part D of Title IV of the Social Security Act, was enacted in January 1975 (P.L. 93-647) and most recently amended by the Deficit Reduction Act of 2005 (P.L. 109-171). The CSE program is administered by the Office of Child Support Enforcement (OCSE) in the Department of Health and Human Services (HHS), and is funded by general revenues. All 50 states, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, and nine tribal nations operate CSE programs and are entitled to federal matching funds. In FY2005, the CSE program collected $23...
Sharing Law Enforcement and Intelligence Information: The Congressional Role
Almost all assessments of the attacks of September 11, 2001, have concluded that U.S. intelligence and law enforcement agencies had failed to share information that might have provided advance warning of the plot. This realization led Congress to approve provisions in the USA PATRIOT Act (P.L. 107-56) and subsequent legislation that removed barriers to information sharing between intelligence and law enforcement agencies, and mandated exchanges of information relating to terrorist threats. Most experts agreed that statutory changes, albeit difficult to enact, were essential to change the...
India: Chronology of Events, November 2006-February 2007
This report provides a reverse chronology of recent events involving India and India-U.S. relations. Sources include, but are not limited to, major newswires, the U.S. Department of State, and Indian news outlets. For a substantive review, see CRS Report RL33529, India-U.S. Relations. This report will not be updated.
South Korea-U.S. Economic Relations
South Korea is a major economic partner for the United States. In 2006, trade between the two countries surpassed $75 billion, making South Korea the United States’ seventh-largest trading partner—ahead of France and Italy—and its seventh-largest export market. In 2006, the U.S. was Korea’s third-largest trading partner, second-largest export market, and its second-largest supplier of foreign direct investment (FDI).
Bilateral economic relations have advanced to the point that the two sides in February 2006 announced their intention to negotiate a bilateral free trade agreement (FTA),...
The Safe and Drug-Free Schools and Communities Act: Reauthorization and Appropriations
The No Child Left Behind Act (P.L. 107-110) amended and reauthorized through FY2007 the Safe and Drug-Free Schools and Communities Act (SDFSCA) within the Elementary and Secondary Education Act (ESEA) as Part A of Title IV, 21st Century Schools. The act is likely to be considered for reauthorization by the 110th Congress. Funds are authorized for the SDFSC program, which is the federal government’s primary initiative to prevent drug abuse and violence in and around schools. Through the program, state educational agencies, local educational agencies, and outlying areas are awarded grants by...
Mootness: An Explanation of the Justiciability Doctrine
A case pending before a federal court may at some point in the litigation process lose an element of justiciability and become “moot.” Mootness may occur when a controversy initially existing at the time the lawsuit was filed is no longer “live” due to a change in the law or in the status of the parties involved, or due to an act of one of the parties that dissolves the dispute. When a federal court deems a case to be moot, the court no longer has the power to entertain the legal claims and must dismiss the complaint. However, the U.S. Supreme Court over time has developed several...
As early as his Senate confirmation hearing, Department of Homeland Security (DHS) Secretary Michael Chertoff advocated a risk-based approach to homeland security. Secretary Chertoff has stated “DHS must base its work on priorities driven by risk” and, increasingly, risk assessment and subsequent risk mitigation have influenced all of the department’s efforts intended to enhance our nation’s ability to prevent, respond to, and recover from future terrorist attacks and natural disasters. While the practice of risk analysis may be advanced in the insurance and financial industries, it is...
The Motion to Recommit in the House: The Minority's Motion
Recommittal motions can take one of two forms: a simple (or “straight”) motion to recommit or a motion to recommit with instructions. Bills and conference reports can be recommitted, but the motion to recommit does not have the same effect on measures at both stages of the legislative process.
A simple motion to recommit a bill gives the minority party a final opportunity to “kill” a measure before the House votes on whether to pass it. When the House adopts a simple motion, the underlying bill goes back to committee and is considered to have been rejected by the House. A simple motion to...
Check Cashers and Banker’s Discontinuance of Services
A check cashing enterprise is a fee-based business that will cash a customer’s check without requiring an account relationship. The U.S. check cashing industry underwent a significant expansion in the 1990s. Customers are attracted by the immediate access to funds, availability of service without a bank account, and convenience of extended hours of operation. In general, the industry is viewed as a provider of valuable financial services to an under served market segment.
Check cashers are dependent on access to bank services to operate. Banks provide depository accounts, check collection...
U.S. International Borders: Brief Facts
This report, originally authored by CRS Information Specialist Barbara Torreon, provides information on the international boundaries that the United States shares with Canada and Mexico. Included are data on land and water boundaries for the northern Canadian border and the southern Mexican border, as well as the international boundaries for the U.S. states that border these countries. Coastline figures for the continental United States, Alaska, Hawaii, the Great Lakes, and extraterritorial areas are also included. This report does not cover border security issues; however, a listing of...
Islamist Extremism in Bangladesh
There is concern among observers that the secular underpinnings of moderate Bangladesh are being undermined by a culture of political violence and the rise of Islamist extremists. A further deterioration of Bangladesh’s democracy and political stability may create additional space within which Islamist militants may be increasingly free to operate. Such a development may have destabilizing implications for Bangladesh, South Asia, and the Islamic world. They also have the potential to undermine U.S. interests. See CRS Report RL33646, Bangladesh: Background and U.S. Relations, by Bruce...
Public Safety Communications Policy
Since September 11, 2001, the effectiveness of America’s communications capabilities in support of the information needs of first responders and other public safety workers has been a matter of concern to Congress. The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) included sections that responded to recommendations made by the 9/11 Commission, in its report of July 2004, and by others in recent years, regarding public safety communications. Most public safety advocates consider that the communications failures following the onslaught of Hurricane Katrina...
U.S. Military Dispositions: Fact Sheet
The United States maintains a global military presence to support foreign policy and military strategy. Representation ranges from one Marine in Sierra Leone to an Army Corps in Germany, and is found in 144 nations. In some countries, presence is maintained continuously and service members are assigned tours of one to three years. In other countries, there may be short term deployments of units or teams in response to emergencies or training opportunities. This report describes the worldwide distribution of U.S. military personnel and related concerns of Congress. It will be updated quarterly.
Characteristics of and Reporting Requirements for Selected Tax-Exempt Organizations
This report addresses the differences among the tax-exempt organizations described in Internal Revenue Code subsections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6), and section 527—charitable organizations, social welfare organizations, labor unions, trade associations, and political organizations, respectively.
Each type of organization has a unique statutory definition, enjoys benefits from obtaining tax-exempt status, is subject to statutory limitations on its activities, and must disclose certain information to the IRS and the general public. At the end of the report is a chart that...
Selected International Depreciation Rates by Asset and Country
The depreciation provisions in the U.S. tax system are of recurring interest to Congress. More than 100 bills were introduced in the 109th Congress that addressed some aspect of depreciation. Concerns about the U.S. depreciation system tend to begin with the criticism that updates to the system have not kept pace with technological advancements of the assets for which it is utilized to account. This report provides information on the depreciation systems of selected European Union countries (France, Germany, Ireland, Spain, and the United Kingdom) by presenting depreciation rates for...
Emergency Communications: Policy Options at a Crossroads
Wireless communications capacity and capability provide essential support to emergency workers. First responders, state, local, tribal and federal emergency officials, utility workers, ambulance drivers, hospital personnel, forest fire fighters, federal law enforcement agents, the National Guard, and members of all branches of the military are among those who might respond to an emergency and need to be equipped to communicate among themselves and with each other.
The management of spectrum that carries wireless communications for public safety and homeland security has emerged as a...
Pakistan: Chronology of Events, November 2006 - February 2007
This report provides a chronology of recent events involving Pakistan and Pakistan-U.S. relations. Sources include, but are not limited to, major newswires, the U.S. Department of State, and Pakistani news outlets. For a substantive review, see CRS Report RL33498, Pakistan-U.S. Relations. This report will not be updated.
Commemorative Postage Stamps: History, Selection Criteria, and Revenue Potential
More than 1,800 commemorative stamps have been issued since the first in 1893. In recent years they have been marketed to attract non-collectors and children. In 2007, the U.S. Postal Service (USPS) will issue 99 different commemorative stamps. In considering subjects for commemorative stamps, the USPS Citizens’ Stamp Advisory Committee, guided by 12 basic criteria, reviews and appraises the approximately 50,000 proposals submitted for commemoration each year. The postmaster general (PMG) has the exclusive and final authority to determine both subject matter and design. A number of...
The Economic Substance Doctrine: Recent Significant Legal Decisions
The economic substance doctrine is a judicially developed doctrine that has become one of the IRS’s primary tools in fighting abusive tax shelters. The doctrine permits transactions lacking in economic substance to be disregarded for tax purposes. In 2006, four significant decisions dealing with the doctrine were issued by U.S. courts of appeals. In the 110th Congress, S. 96 (Export Products Not Jobs Act) has been introduced to codify the doctrine. This report discusses the doctrine’s development and the four cases and summarizes the bill. It will be updated as events warrant.
Reauthorization of the Federal Aviation Administration (FAA): Background and Issues for Congress
Reauthorization of the Federal Aviation Administration (FAA) and other aviation programs is likely to be a high priority in the 110th Congress. Funding authorizations for aviation programs, as well as authorization of existing aviation tax structure that provides revenue for the aviation trust fund, are set to expire at the end of FY2007. Congress may consider a variety of financing options to maintain the ability of the aviation trust fund to provide a sufficient revenue stream for ongoing operational costs and planned infrastructure improvements. One particularly controversial...
Fruits, Vegetables, and Other Specialty Crops: A Primer on Government Programs
U.S. farmers grow more than 250 types of fruit, vegetable, tree nut, flower, ornamental nursery, and turfgrass crops in addition to the major bulk commodity crops. Although specialty crops are ineligible for the federal commodity price and income support programs, they are eligible for other types of U.S. Department of Agriculture (USDA) support, such as crop insurance, disaster assistance, and, under certain conditions, ad hoc market loss assistance payments.
The industry also benefits generally from USDA programs to enhance marketing opportunities; protect sellers from fraudulent...
Navy Ship Propulsion Technologies: Options for Reducing Oil Use—Background for Congress
General strategies for reducing the Navy’s dependence on oil for its ships include reducing energy use on Navy ships; shifting to alternative hydrocarbon fuels; shifting to more reliance on nuclear propulsion; and using sail and solar power.
Reducing energy use on Navy ships. A 2001 study concluded that fitting a Navy cruiser with more energy-efficient electrical equipment could reduce the ship’s fuel use by 10% to 25%. The Navy has installed fuel-saving bulbous bows and stern flaps on many of its ships. Ship fuel use could be reduced by shifting to advanced turbine designs such as an...
Afghan Refugees: Current Status and Future Prospects
The United Nations High Commissioner for Refugees (UNHCR) has helped 3.69 million Afghan refugees return to Afghanistan since March 2002, marking the largest assisted return operation in its history. In addition, more than 1.11 million refugees have returned to Afghanistan without availing themselves of UNHCR’s assistance, bringing the total number of returnees to at least 4.8 million. Despite the massive returns, possibly 3.5 million registered and unregistered Afghans still remain in these two countries of asylum—up to 2.46 million in Pakistan and more than 900,000 in Iran—making Afghans...
Campaign Finance Legislation and Activity in the 109th Congress
During the 109th Congress, 51 bills were introduced to change the nation’s campaign finance laws (primarily under Titles 2 and 26 of the U.S. Code). These bills—43 in the House and 8 in the Senate—sought to change the current system, including tightening perceived loopholes. Two of those bills passed the House, but no bill passed both chambers. Therefore, no statutory changes occurred in federal campaign finance law during the 109th Congress.
Although the 109th Congress chose not to enact campaign finance legislation, Congress nonetheless considered dozens of bills addressing a wide...
Importing Prescription Drugs: Objectives, Options, and Outlook
Can purchases from abroad lower the cost of prescription drugs to U.S. consumers? Current law allows pharmacists and wholesalers to import prescription drugs from Canada commercially, and codifies the Food and Drug Administration’s (FDA) current practice of allowing imports of prescription drugs by individuals under certain defined circumstances. There is, however, one proviso. The Secretary of Health and Human Services (HHS) must first certify that the drugs to be imported under the program would “pose no additional risk to the public’s health and safety; and result in a significant...
Immigration Issues in Trade Agreements
The connections between trade and migration are as longstanding as the historic movements of goods and people. The desire for commerce may often be the principal motivation, but the need to send people to facilitate the transactions soon follows. Recognition of this phenomenon is incorporated into the Immigration and Nationality Act (INA), which includes provisions for aliens who are entering the United States solely as “treaty traders” and “treaty investors.” Although the United States has not created a common market for the movement of labor with our trading partners, there are...
Committee System Rules Changes in the House, 110th Congress
This report details changes in the committee system contained in H.Res. 6, the Rules of the House for the 110th Congress, agreed to by the House January 4, 2007. The report will not be updated unless further rules changes for the 110th Congress are adopted.
Toward More Effective Immigration Policies: Selected Organizational Issues
As Congress weighs comprehensive immigration reform legislation that would likely include additional border and interior enforcement, a significant expansion of guest workers, and perhaps include increased levels of permanent immigration, some question whether the Department of Homeland Security (DHS) can handle the increased immigration workload. There are concerns that the immigration responsibilities in the DHS are not functioning effectively. DHS Secretary Michael Chertoff announced a “Second Stage Review” (2SR) in 2005 that includes strengthening border security and interior...
The Federal Supplemental Educational Opportunity Grant, Federal Work-Study, and Federal Perkins Loan programs are collectively referred to as the campus-based financial aid programs largely because participating institutions play a central role in their operation, and because the aid they make available to students comprises federal funds matched in part with institutional funds. In recent years, the programs have been criticized because a large share of funding is allocated to institutions on the basis of amounts received in prior years for “base guarantees” as opposed to being allocated...
Accreditation and the Reauthorization of the Higher Education Act
Under the Higher Education Act (HEA), institutions of higher education (IHEs) must be accredited by an agency or association recognized by the Secretary of the U.S. Department of Education (ED) to participate in HEA Title IV federal student aid programs. While this process is voluntary, failure to obtain accreditation could have a dramatic effect on an institution’s student enrollment, as only students attending accredited institutions are eligible to receive federal student aid (e.g., Pell grants and student loans). Accrediting agencies are private organizations set up to review the...
Juvenile Justice: Overview of Legislative History and Funding Trends
Although juvenile justice has always been administered by the states, Congress has had significant influence in the area through grant funding and programs provided by the Department of Justice’s (DOJ’s) Office of Juvenile Justice and Delinquency Prevention. The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, P.L. 93-415, was the first comprehensive juvenile justice legislation passed by Congress. The act has four mandates for fund recipients: status offenders, such as truants, cannot be institutionalized; juveniles cannot be detained in local jails or lockups with adults;...
Drug Trafficking and North Korea: Issues for U.S. Policy
At least 50 documented incidents in more than 20 countries around the world, many involving arrest or detention of North Korean diplomats, link North Korea to drug trafficking. Such events, in the context of credible, but unproven, allegations of large scale state sponsorship of drug production and trafficking, raise important issues for the United States and its allies in combating international drug trafficking. The challenge to policy makers is how to pursue an effective counter drug policy and comply with U.S. law which may require cutting off aid to North Korea while pursuing other...
Medicaid Cost-Sharing Under the Deficit Reduction Act of 2005 (DRA)
Under traditional Medicaid, states may require certain beneficiaries to share in the cost of Medicaid services, although there are limits on the amounts that states can impose, the beneficiary groups that can be required to pay, and the services for which cost-sharing can be charged. Prior to DRA, changes to these rules required a waiver. DRA provides states with new options for benefit packages and cost-sharing that may be implemented through Medicaid state plan amendments (SPAs) rather than waiver authority. These rules vary by beneficiary income level and for some types of service. The...
Federal Spending for Older Americans
This report discusses the share of the federal budget devoted to older Americans, which is growing. The federal government currently spends more than one-third of its budget on benefits and programs for older Americans. For people age 65 and over, estimated FY2007 spending for Social Security, Medicare, and Medicaid alone is $833 billion. Spending for retired federal employees and military personnel and for veterans is also significant, and smaller programs add to the total as well. Tax expenditures might also be taken into account to obtain a more complete budget picture.
Application of Campaign Finance Law to Indian Tribes
Under the Federal Election Campaign Act (FECA), Indian tribes are subject to contribution limits applicable to “persons,” as defined by the act. For the 2008 election cycle, these limits include $2,300 per election to a candidate, $28,500 per year to a political party’s national committee, and $5,000 per year to a political action committee (PAC). The Federal Election Commission (FEC) has found, however, that FECA’s $108,200 election cycle aggregate limit applicable to “individuals,” as defined by the act, does not apply to Indian tribes (similar to FECA’s treatment of other interest...
U.S. Immigration Policy on Asylum Seekers
The United States has long held to the principle that it will not return a foreign national to a country where his life or freedom would be threatened. This principle is embodied in several provisions of the Immigration and Nationality Act (INA), most notably in provisions defining refugees and asylees. Aliens seeking asylum must demonstrate a well-founded fear that if returned home, they will be persecuted based upon one of five characteristics: race, religion, nationality, membership in a particular social group, or political opinion.
Aliens present in the United States may apply for...
Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues
The increasing popularity of breastfeeding has focused attention on how the law facilitates or discourages the practice. One issue that has arisen involves breastfeeding mothers and jury duty, and whether a breastfeeding mother may receive an excuse or deferral from compulsory jury duty.
At the present time there is no federal legislation on the subject, although Congress has considered and adopted other legislation concerning certain breastfeeding issues.
By contrast, several states have enacted legislation to excuse or defer jury duty for breastfeeding mothers, either specifically or...
Military Base Closures: Redevelopment Assistance Programs
On September 15, 2005, President Bush approved the list of military facilities that the Defense Base Closure and Realignment Commission recommended be closed or realigned in the current round of base closures, known generally as “BRAC.” (See http://www.brac.gov/¿finalreport.asp.) The list includes 22 major base closures and 33 major realignments and would result in a net reduction of more than 8,000 military and civilian personnel. (The original BRAC list from DOD indicated a reduction of more than 26,000 personnel, but this included more than 13,000 from overseas deployments that are not...
Iraq: Oil-For-Food Program, Illicit Trade, and Investigations
The “oil-for-food” program (OFFP) was the centerpiece of a long-standing U.N. Security Council effort to alleviate human suffering in Iraq while maintaining key elements of the 1991 Gulf war-related sanctions regime. In order to ensure that Iraq remained contained and that only humanitarian needs were served by the program, the program imposed controls on Iraqi oil exports and humanitarian imports. All Iraqi oil revenues legally earned under the program were held in a U.N.-controlled escrow account and were not accessible to the regime of Saddam Hussein.
The program was in operation from...
U.S. Army’s Modular Redesign: Issues for Congress
In what the Army describes as the “most significant Army restructuring in the past 50 years,” it is redesigning its current active duty division force to a 48 brigade combat team (BCT) force. The Army National Guard and Army Reserves will also redesign their forces in a similar fashion. The planned addition of active duty brigades and the conversion of Army National Guard brigades could provide a larger force pool of deployable combat units to ease the burden on units presently deployed, and possibly to shorten the length of time that units are deployed on operations. The Army has three...
The Unborn Victims of Violence Act
The Unborn Victims of Violence Act (P.L. 108-212) establishes a separate offense for harming or killing an “unborn child” in utero during the commission of specified violent crimes. This report examines the act’s provisions, and reviews similar state laws that criminalize the killing of a fetus or unborn child. The report also discusses selected cases that have considered the constitutionality of state fetal homicide and unborn child homicide statutes. These cases provide some guidance as to how a reviewing court may consider a future case involving the legitimacy of the act.
The national debate regarding the National Security Agency’s Terrorist Surveillance Program (TSP) focused congressional attention on the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review created by the Foreign Intelligence Surveillance Act. Congressional interest in these courts has been heightened by the January 17, 2007, letter from Attorney General Gonzales to Chairman Leahy and Senator Specter advising them that a Foreign Intelligence Surveillance Court judge had “issued orders authorizing the Government to target for collection...
Drug Safety and Effectiveness: Issues and Action Options After FDA Approval
COX-2 inhibitors and SSRIs—the U.S. public has become more familiar with these technical abbreviations for biochemical processes than one might expect from our general level of science knowledge. Safety concerns about these drugs—used primarily to treat pain and depression—have turned a spotlight on the Food and Drug Administration (FDA) and its approach to protecting the public from drug risks that had not been identified before FDA-approval allowed the drugs on the market.
Two regulatory frameworks exist for the review of prescription drugs. First, in the premarket approval process, FDA...
Border Security: The Complexity of the Challenge
Border security is a pivotal function in protecting the American people from terrorists and their instruments of destruction. This report uses a series of graphical presentations to form one possible framework that might assist policy makers in understanding the complex nature of border security. It is the first in a three-part series of CRS reports that make use of analytical frameworks to better understand complex problems in border security and cast them in terms that facilitate the consideration of alternative policies and practices. (CRS Report RL32840, Border and Transportation...
The creation of a new State Department position—Director of Foreign Assistance—has sparked congressional interest regarding the management, budgeting, and proposals for reform of U.S. foreign aid programs. Charged with coordinating U.S. assistance programs, the Director of Foreign Assistance (DFA) will have authority over most State Department and U.S. Agency for International Development (USAID) programs, although major foreign aid programs, such as the Millennium Challenge Account and the Office of the Global AIDS Coordinator will remain outside of his scope. The DFA is also tasked with...
Treatment of “Battlefield Detainees” in the War on Terrorism
In June 2004, the U.S. Supreme Court ruled in Rasul v. Bush that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad, but left questions involving prisoners’ rights and status unanswered. The 9/11 Commission recommended a common coalition approach to such detention. Congress enacted the Detainee...
Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues
President Bush’s announcement on September 6, 2006, that 14 “high-value detainees” suspected of terrorist activity have been transferred from locations abroad to the U.S. detention facility at the Guantanamo Bay Naval Station confirmed for the first time the existence of secret U.S. prison facilities abroad, the subject of previously unsubstantiated media allegations and investigations by foreign governments and human rights bodies. Before September, the Bush Administration had neither admitted nor denied the allegations, but had defended the related long-standing practice of transporting...
Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) is the main federal program authorizing state and local aid for special education and related services for children with disabilities. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. Most provisions of P.L. 108-446 went into effect on July 1, 2005. This report details the changes made by P.L....
Hurricane Katrina: HIPAA Privacy and Electronic Health Records of Evacuees
Shortly after Hurricane Katrina, the federal government began a pilot test of KatrinaHealth.org, an online electronic health record (EHR) system that shared prescription drug information for hurricane evacuees with health care professionals. The website was available for a 90-day period. To allow health care providers in affected areas to care for patients without violating the Health Insurance Portability and Accountability Act (HIPAA), Health and Human Services (HHS) Secretary Leavitt waived certain provisions of the HIPAA Privacy Rule and issued guidance to clarify situations where the...
Agricultural Issues in the 110th Congress
A number of issues of interest to U.S. agriculture are expected to be addressed by the 110th Congress. At the top of the agenda, Congress will be considering the unfinished business of FY2007 funding levels for U.S. Department of Agriculture (USDA) programs and activities in the annual agriculture appropriations bill. Separately, attempts might be made to reconsider a multi-billion dollar emergency farm disaster assistance package that was debated but not passed in the 109th Congress. Since most provisions of the current omnibus farm bill expire in 2007, the 110th Congress will be making...
Welfare Reauthorization in the 109th Congress: An Overview
Enactment of the Deficit Reduction Act (DRA) of 2005 (P.L. 109-171, S. 1932) on February 8, 2006 concluded a four-year saga of legislative attempts to reauthorize Temporary Assistance for Needy Families (TANF) and related programs. The original 1996 TANF law authorized five years of funding, through September 2002. Between October 1, 2002 and the DRA’s passage, the program operated under a series of 12 “temporary extension” measures. Efforts to pass comprehensive free-standing welfare legislation during that period failed to reach fruition.
Instead, a scaled-back version of welfare...
Democracy in Russia: Trends and Implications for U.S. Interests
U.S. attention has focused on Russia’s fitful democratization since Russia emerged in 1991 from the collapse of the Soviet Union. Many observers have argued that a democratic Russia with free markets would be a cooperative bilateral and multilateral partner rather than an insular and hostile national security threat. Concerns about democratization progress appeared heightened after Vladimir Putin became president in 2000. Since then, Russians have faced increased government interference in elections and campaigns, restrictions on freedom of the media, large-scale human rights abuses in the...
Terrorist Capabilities for Cyberattack: Overview and Policy Issues
Terrorist’s use of the internet and other telecommunications devices is growing both in terms of reliance for supporting organizational activities and for gaining expertise to achieve operational goals. Tighter physical and border security may also encourage terrorists and extremists to try to use other types of weapons to attack the United States. Persistent Internet and computer security vulnerabilities, which have been widely publicized, may gradually encourage terrorists to continue to enhance their computer skills, or develop alliances with criminal organizations and consider...
The Safe and Drug-Free Schools and Communities Program: Background and Context
The No Child Left Behind Act (P.L. 107-110), amended and reauthorized the Safe and Drug-Free Schools and Communities Act (SDFSCA) as Part A of Title IV—21st Century Schools. The act is up for reauthorization in the 110th Congress. The Department of Education (ED) administers SDFSCA through the SDFSC program, which is the federal government’s major initiative to prevent drug abuse and violence in and around schools. State grants are awarded by formula to outlying areas, state educational agencies, and local educational agencies in all 50 states, the District of Columbia and the Commonwealth...
The Employment of People with Disabilities: Federal Data Sources and Trends
Congress has enacted major legislation related to the employment of individuals with disabilities. In 1938, the Congress passed the Fair Labor Standards Act (FLSA), which, among other provisions, established a reduced wage for the employment of individuals whose earning capacity was impaired by age or physical or mental deficiency or injury (Section 14). The Americans with Disabilities Act (ADA) of 1990 banned discrimination in the workplace and elsewhere on the basis of disability, and the Civil Rights Act (CRA) of 1991 allowed people bringing employment discrimination suits to seek...
WTO Doha Round: The Agricultural Negotiations
The pace of efforts to revive suspended World Trade Organization Doha Round trade negotiations has quickened as the July 2007 expiration for fast-track or trade promotion authority for expedited congressional consideration of trade agreement legislation approaches. Although technical negotiations have addressed specific formulas for reducing trade-distorting farm support and tariffs, high-level political discussions have yet to produce a satisfactory compromise among WTO members for future agricultural trade liberalization.
Negotiations were suspended in July 2006 when a core group of WTO...
Historic Preservation: Background and Funding
This report summarizes the federal role in historic preservation. It provides descriptions of and funding information for some of the major preservation programs, including the Historic Preservation Fund (HPF), the Advisory Council on Historic Preservation, the National Trust for Historic Preservation, and the National Register for Historic Places. Some Members of Congress have given historic preservation programs close scrutiny and have recommended that historic preservation activities be supported increasingly by the private sector.
Health Insurance Coverage for Retirees
Many retirees depend on their former employer for retirement health insurance, either as their sole source of coverage for those under age 65 or as a supplement to their Medicare coverage once they reach 65. However, the future of these benefits is uncertain. With the retirement of the baby boom generation looming ahead, employers offering coverage to their retired workers will face a huge future financial commitment. For this reason, many employers are re-examining their commitment to providing retiree health benefits. Some employers have already reduced or eliminated health insurance...
U.S. Strategic and Defense Relationships in the Asia-Pacific Region
This report begins with a question. What changes in U.S. strategic and defense relationships in the Asia-Pacific region, if any, are needed to respond to major developments in the region, particularly China’s emergence as a major power, the continuing potential for inter-state conflict, and the struggle against militant Islamists? The report addresses this central question by setting it within the larger dynamics of American strategy in both a global and regional context. It discusses the shifting correlates of power in Asia before considering the current strategic debate, force structure,...
In September 2005, the Employment Standards Administration (ESA) of the Department of Labor (DOL) issued a memorandum to all federal contracting agencies waiving for a three-month period written affirmative action program, reporting, and notice requirements with respect to federal contracts for Hurricane Katrina relief efforts. The ESA invoked a regulatory exemption to relieve contractors of the obligation “to develop the affirmative action program, prepare the reports, or provide the notices usually required” by DOL regulations under E.O. 11246, Section 503 of the Rehabilitation Act of...
The Postal Accountability and Enhancement Act
President George W. Bush signed the Postal Enhancement and Accountability Act (P.L. 109-435) on December 20, 2006. This report briefly describes Congress’s pursuit of postal reform, summarizes the major provisions of the new postal reform law, and identifies possible P.L. 109-435 oversight issues for Congress.
The Temporary Assistance for Needy Families (TANF) block grant provides grants to states to help them fund a wide variety of benefits and services to low-income families with children. TANF is best known for funding cash welfare benefits for families with children, but the block grant may also fund other benefits and services such as emergency payments, child care, transportation assistance, and other social services. Welfare programs are not usually associated with responses to natural disasters. However, the scope of Hurricane Katrina’s displacement of families, the strain placed on...
Germany’s Relations with Israel: Background and Implications for German Middle East Policy
Most observers agree that moral considerations surrounding the Holocaust continue to compel German leaders to make support for Israel a policy priority. Since 1949, successive German governments have placed this support at the forefront of their Middle East policy and today, Germany, along with the United States, is widely considered one of Israel’s closest allies. Germany ranks as Israel’s second largest trading partner and long-standing defense and scientific cooperation, people-to-people exchanges and cultural ties between the two countries continue to grow. On the other hand, public...
U.S. External Debt: How Has the United States Borrowed Without Cost?
Despite the huge increase in U.S. external debt, the investment income component of the current account has remained in surplus. The size of this surplus has varied, hitting a low of $4 billion in 1998 and a high of $37 billion in 2003, but over the past 25 years, the surplus has remained between $15 billion and $30 billion. Since 2003, the surplus has fallen, reaching $28 billion in 2004 and $11 billion in 2005. This means that the United States, although a large net debtor, has been borrowing free of any economically meaningful debt service cost. What is behind this apparent paradox?...
Brownfields Tax Incentive Extension
This report discusses the brownfields tax incentive, which expires on December 31, 2007. Enacted in 1997, the provision allowed a taxpayer to fully deduct the costs of environmental cleanup in the year the costs were incurred, rather than spreading the costs over a period of years.
Electronic Surveillance Modernization Act, as Passed by the House of Representatives
After the New York Times reported that the National Security Agency (NSA) was conducting a secret Terrorist Surveillance Program (TSP), a national debate emerged about whether the program was subject to the Foreign Intelligence Surveillance Act (FISA), whether the Administration needed additional authority to continue the program, and how and whether Congress should oversee the program. The TSP involved surveillance without a warrant or court order under FISA of international communications of persons within the United States, where one party to the communication is believed to be a member...
Animal Identification and Meat Traceability
Many animal producers support establishment of a nationwide identification (ID) system capable of quickly tracking animals from birth to slaughter. While they believe such a system is needed to better deal with animal diseases or meet foreign market specifications, some consumer groups and others believe it also would be useful for food safety or retail informational purposes—and that the program should be able to trace meat products through processing and consumption.
However, despite years of effort on at least an animal ID program for disease purposes, many contentious issues remain...
In the wake of disclosures related to the National Security Agency’s Terrorist Surveillance Program, congressional attention has been focused on issues regarding authorization, review, and oversight of electronic surveillance programs designed to acquire foreign intelligence information or to address international terrorism. A number of legislative approaches were considered in the 109th Congress, and three related bills have been introduced in the 110th Congress: H.R. 11, S. 187, and S. 139.
In a January 17, 2007, letter to Chairman Leahy and Senator Specter of the Senate Judiciary...
In the wake of disclosures related to the National Security Agency’s Terrorism Surveillance Program (TSP), congressional attention has been focused on issues regarding authorization, review, and oversight of electronic surveillance programs designed to acquire foreign intelligence information or to address international terrorism. A number of legislative approaches were considered in the 109th Congress, and three related bills have been introduced to date in the 110th Congress: H.R. 11, S. 187, and S. 139. In a January 17, 2007, letter to Chairman Leahy and Senator Specter of the Senate...
Reauthorization of the National Transportation Safety Board (NTSB)
The National Transportation Safety Board (NTSB) is a small, independent agency with responsibility for investigating transportation accidents; conducting transportation safety studies; issuing safety recommendations; aiding victim’s families in aviation disasters; and promoting transportation safety. Near the conclusion of the 109th Congress, a two-year NTSB reauthorization measure, covering fiscal years 2007 and 2008, was enacted (P.L. 109-443).
During the 109th Congress, legislation to reauthorize the NTSB for fiscal years 2007-2009 was ordered reported in the House (H.R. 5076) seeking a...
Europe: Rising Economic Nationalism?
Several members of the European Union (EU) over the past two years have been erecting barriers to cross-border mergers and acquisitions, possibly in violation of their Single Market commitments. The main focus of these anti-competitive actions, often dubbed economic nationalism or economic patriotism by the press, is on corporate control, particularly in the banking, steel, and energy sectors. Unlike in the 1980s, when the main opposition to creation of the Single Market for goods, capital, labor, and services came from companies resistant to being exposed to more international...
District of Columbia: Appropriations for 2007
On February 6, 2006, the Bush Administration released its FY2007 budget request, which included $597.2 million in proposed special federal payments to the District of Columbia. Four payments (court operations, defender services, offender supervision, and criminal justice coordination) represented $455.767 million, or 76.3%, of the proposed $597.2 million in total federal payments to the District requested by the Administration.
On May 9, 2006, the District’s city council approved the city’s $9.2 billion operating budget for FY2007. The District’s budget is submitted for the approval of...
Turkmenistan’s Political Succession: Developments and Implications
This report discusses the political succession in Turkmenistan following the death of long-time authoritarian leader Saparamurad Niyazov in December 2006. Implications for Turkmenistan and U.S. interests in Central Asia are examined. This report may be updated. Related products include CRS Report RL33458, Central Asia: Regional Developments and Implications for U.S. Interests, by Jim Nichol.
Unauthorized Alien Students: Legislation in the 107th and 108th Congresses
Unauthorized alien students constitute a subpopulation of the total U.S. unauthorized alien population that is of particular congressional interest. These students receive free public primary and secondary education, but often find it difficult to attend college for financial reasons. A provision enacted as part of a 1996 immigration law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting...
Natural Resources Policy: Management, Institutions, and Issues
Natural resources management remains a significant issue for the federal government. Growing demands on the nation’s resources and interest in their protection and allocation among multiple uses have increased the complexity of management. The federal role in defining policy and institutional context shapes the combination of supported uses and protection measures.
Certain themes are common to federal resource issues. Many conflicts center on balancing traditional versus alternative uses and protection programs, managing to produce national or local benefits, and supporting current or...
Intellectual Property and the Free Trade Agreements: Innovation Policy Issues
The United States has entered into a number of Free Trade Agreements, or FTAs, with Australia, Chile, Singapore, and other trading partners. Negotiations are currently ongoing with respect to the establishment of additional FTAs. In keeping with a congressional directive established in the Bipartisan Trade Promotion Act of 2002, P.L. 107-210, one objective of forming the FTAs is to establish “a standard of [intellectual property] protection similar to that found in United States law.” As a result, most of the FTAs stipulate minimum levels of protection with respect to copyrights, data...
Congress, the IMF, and Exchange Rate Reform: Legislative Proposals
In recent years, Congress has been increasingly concerned that other countries—China, Japan, Taiwan and Korea in particular—are manipulating the value of their national currencies in ways injurious to the U.S. economy. A spate of legislation was introduced in the 109th Congress seeking to pressure foreign countries to revalue their currencies or seeking changes in the international financial system—particularly changes in the International Monetary Fund (IMF)—that would help accomplish that end. Similar bills are likely to be introduced in the 110th Congress.
Current law on this topic is...
Liquefied Natural Gas (LNG) Markets in Transition: Implications for U.S. Supply and Price
Natural gas consumption in the United States is expected to increase substantially over the coming decades primarily because of its usefulness in generating relatively clean electricity. Domestic supplies are projected to be unable to meet increasing demand because existing fields are yielding less production and new drilling efforts are not replicating past success rates. Pipeline imports from Canada are also projected to decline. Various alternatives exist that might close the demand and supply gap, with imports of liquefied natural gas (LNG) being touted as one of the most promising.
As...
Copyright Protection of Digital Audio Radio Broadcasts: The “Audio Flag”
Protecting audio content broadcasted by digital and satellite radios from unauthorized dissemination and reproduction is a priority for producers and owners of those copyrighted works. One technological measure that has been discussed is the Audio Protection Flag (APF or “audio flag”). The audio flag is a special signal that would be imbedded into digital audio radio transmissions, permitting only authorized devices to play back copyrighted audio transmissions or allowing only limited copying and retention of the content. Several bills introduced in the 109th Congress would have granted...
Automatic Enrollment in 401(k) Plans
Most employers that sponsor retirement savings plans under §401(k) of the Internal Revenue Code (IRC) require employees to decide whether to enroll in the plan. The Internal Revenue Service (IRS) has issued rulings to inform employers that it is permissible under current law to enroll employees in these plans automatically, provided that the employee is notified in advance and is permitted to leave the plan if he or she chooses to do so. Automatic enrollment, in which a percentage of the employee’s salary is placed in an individual account without requiring the worker to take any action,...
This report provides background information on major instances, since 1970, when Congress has utilized funding cutoffs to compel the withdrawal of United States military forces from overseas military deployments. It also highlights key efforts by Congress to utilize the War Powers Resolution to force the withdrawal of U.S. military forces from foreign deployments. It will be updated should developments warrant.
Federal Extraterritorial Criminal Jurisdiction: Legislation in the 109th Congress
Crime is usually territorial. It is ordinarily a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the United States. Application is generally a question of legislative intent, expressed or implied.
Three statutes enacted in the 109th Congress have sections that enjoy extraterritorial application. The USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, includes a handful of crimes that feature explicit extraterritorial jurisdiction. The Trafficking Victims Protection Reauthorization Act, P.L. 109-164,...
Venue for Federal Criminal Prosecution: Proposals in the 109th Congress
Venue, the place where federal criminal trials may be held, is a matter of constitutional and statutory law. Several proposals in the 109th Congress would have expanded federal venue. The Supreme Court’s recent decisions in Cabrales and Rodriguez-Moreno suggest that a few of the proposals might have been more limited than their terms might indicate. The proposals dealt with venue in cases involving capital offenses, obstruction of justice, violent crime, drug trafficking offenses, false statements, failure to pay spousal support, wartime procurement fraud, and trial in emergency...
U.S.-Thailand Free Trade Agreement Negotiations
President Bush and former Thai Prime Minister Thaskin on October 19, 2003, agreed to negotiate a bilateral free trade agreement (FTA). Six negotiating rounds took place, the most recent January 10-13, 2006 in Thailand. U.S. trade officials had hoped to conclude the negotiations by early 2006, but the negotiations were suspended by Thailand in February 2006 due to Bangkok’s political crisis. After 18 months of negotiations the two sides were wide apart on a number of issues, such as financial services liberalization and a number of other sensitive issues. Combined with considerable public...
In response to the terrorist attacks against the United States on September 11, 2001, the Congress passed legislation, S.J.Res. 23, on September 14, 2001, authorizing the President to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons....” The President signed this legislation into law on September 18, 2001 (P.L. 107-40, 115 Stat. 224 (2001)). This report provides a legislative history of this...
Federal Habeas Corpus Relief: Background, Legislation, and Issues
Federal habeas corpus is the statutory procedure under which state and federal prisoners may petition the federal courts to review their convictions and sentences to determine whether they are being held contrary to the laws or the Constitution of the United States. In 1996, Congress passed legislation that restricted a prisoner’s ability to seek relief through the writ of habeas corpus.
The 109th Congress considered legislation that would have further restricted a state prisoner’s access to federal habeas relief, and would have provided for expeditious habeas review of cases where a...
Data Security: Federal and State Laws
Security breaches involving electronic personal data have come to light largely as a result of the California Security Breach Notification Act, a California law that went into effect in 2003. In response to frequently occurring breaches of personal data, many states passed laws that would require companies to notify persons affected by such security breaches. By December 2006, 34 states had enacted data security laws. Numerous data breach notice and data security bills were considered in the 109th Congress, but not passed. This report provides a brief discussion of federal and state data...
Copyright Protection of Digital Television: The Broadcast Video Flag
In November 2003, the Federal Communications Commission (FCC) adopted a rule that required all digital devices capable of receiving digital television (DTV) broadcasts over the air, and sold after July 1, 2005, to incorporate technology that would recognize and abide by the broadcast video flag, a content-protection signal that broadcasters may choose to embed into a digital broadcast transmission as a way to prevent unauthorized redistribution of DTV content. However, in October 2004, the American Library Association and eight organizations representing a large number of libraries and...
On February 21, 2006, the Supreme Court issued an opinion in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal (UDV), a case addressing the use of an hallucinogenic tea in the context of religious ceremonies conducted by a religious sect in New Mexico. In its decision, the Court determined that under the Religious Freedom Restoration Act (RFRA), the federal government could not prohibit the sect’s use of the tea absent a compelling government interest in doing so, and that the federal government had failed to establish a compelling interest. This report provides an overview of...
Safe Drinking Water Act: Background and Issues in the 109th Congress
This report examines the Safe Drinking Water Act, which is the key federal law for protecting public water supplies from harmful contaminants. First enacted in 1974 and broadly amended in 1986 and 1996, the act is administered through programs that regulate contaminants in public water supplies, provide funding for infrastructure projects, protect sources of drinking water, and promote the capacity of water systems to comply with SDWA regulations.
Title I, Part A of the Elementary and Secondary Education Act (ESEA) authorizes aid to local educational agencies (LEAs) for the education of disadvantaged children. Title I-A grants are used to provide supplementary educational and related services to low-achieving and other pupils attending schools with relatively high concentrations of pupils from low-income families. Title I-A has detailed provisions regarding pupil assessment, program improvement, allocation of funds, school selection, fiscal accountability, and parental involvement, but very few constraints on such matters as the...
Vietnam PNTR Status and WTO Accession: Issues and Implications for the United States
On December 8, 2006, the House passed legislation (212-184) to grant Vietnam permanent normal trade relations (PNTR) status as part of a more comprehensive trade bill (H.R. 6406). Pursuant to H.Res. 1100, the bill was then coupled with a tax-extension bill (H.R. 6111) and sent to the Senate. The Senate passed the combined bills on December 8 (79-9). On December 20, 2006, President Bush signed the bill into law (P.L. 109-432) and, per the law, proclaimed PNTR for Vietnam on December 29, 2006.
Congress considered PNTR in the context of Vietnam’s accession to the World Trade Organization...
Child Care Issues in the 109th Congress
Federal support for child care comes in many forms, ranging from grant programs to tax provisions. Some programs serve as specifically dedicated funding sources for child care services (e.g., the Child Care and Development Block Grant, or CCDBG), while for others (e.g., Temporary Assistance for Needy Families, or TANF), child care is just one of many purposes for which funds may be used. In many cases, federal programs target low-income families in need of child care assistance, but in the case of certain tax provisions, the benefits reach middle- and upper-income families as well. This...
Mandatory Funding for Agriculture Conservation Programs
The Farm Security and Rural Investment Act of 2002 authorized large increases in mandatory funding for several agricultural conservation programs. Most of these programs expire in FY2007, and the 110th Congress is likely to address future funding levels in a farm bill. Since FY2002, Congress has acted, through the appropriations process, to limit funding for some of these programs below authorized levels. It limited total funding for all the programs to 97.6% of the authorized total in FY2003, and the percentage declined annually to 87.3% in FY2006. Program supporters decry these growing...
During the 108th Congress, the President submitted to the Senate 166 nominations to executive department full-time positions. Of these 166 nominations, 120 were confirmed; eight were withdrawn; one was returned to the President at the end of the first session; and 37 were returned to him at the end of the second session of the 108th Congress. For those nominations that were confirmed, an average of 98 days elapsed between the time of the nomination and the nomination’s receipt and confirmation. The median number of days elapsed was 83. These statistics do not include the days during which...
Housing Issues in the 109th Congress
The 109th Congress considered a number of housing-related issues in its two sessions. These included appropriations for the Department of Housing and Urban Development (HUD); assistance for families and communities affected by Hurricanes Katrina, Rita, and Wilma; reform of the Government Sponsored Enterprises—Fannie Mae and Freddie Mac—and Federal Home Loan Banks (GSEs and FHLBs); revisions to the FHA loan insurance program; and changes to existing housing programs such as the Section 8 Housing Choice Voucher and the Low-Income Housing Tax Credit program. However, the 109th Congress...
Disaster Housing Assistance: A Legal Analysis of ACORN v. FEMA
This report discusses the ongoing litigation in Association of Community Organizations for Reform Now (ACORN) v. Federal Emergency Management Agency (FEMA), litigation that involves certain evacuees from Hurricane Katrina and Hurricane Rita. In the ACORN case now before the Court of Appeals for the District of Columbia, the U.S. District Court for the District of Columbia addressed the constitutional adequacy of the notice provided to hurricane evacuees who were denied long-term housing assistance benefits by FEMA under § 408 of the Stafford Act. The court held that the notice FEMA...
Internet: An Overview of Key Technology Policy Issues Affecting Its Use and Growth
In the decade between 1994 and 2004, the number of U.S. adults using the Internet increased from 15% to 63%, and by 2005, stood at 78.6%. From electronic mail to accessing information to watching videos to online purchasing, the Internet touches almost every aspect of modern life. The extent to which use of the Internet continues to grow, however, may be affected by a number of technology policy issues being debated in Congress.
First is the availability of high-speed—or “broadband”—Internet access. Broadband Internet access gives users the ability to send and receive data at speeds far...
Kyrgyzstan’s Constitutional Crisis: Context and Implications for U.S. Interests
This report examines civil disorder in Kyrgyzstan surrounding the enactment of a new constitution providing for greater balance between presidential and legislative powers. This report may be updated. Related products include CRS Report RL33458, Central Asia: Regional Developments and Implications for U.S. Interests, by Jim Nichol.
Kinetic Energy Kill for Ballistic Missile Defense: A Status Overview
For some time, U.S. ballistic missile defense (BMD) programs have focused primarily on developing kinetic energy interceptors to destroy attacking ballistic missiles. These efforts have evolved over 30 years and have produced a significant amount of test data from which much can be learned. This report provides a broad overview of the U.S. investment in this approach to BMD.
The data on the U.S. flight test effort to develop a national missile defense (NMD) system remains mixed and ambiguous. There is no recognizable pattern to explain this record nor is there conclusive evidence of a...
Pharmaceutical Costs: An International Comparison of Government Policies
The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (P.L. 108-173) addressed the rising costs of prescription drugs for the elderly by providing a mechanism for beneficiaries to obtain affordable prescription drug insurance coverage. The Medicare prescription drug benefit, otherwise known as Part D, was designed to take advantage of market competition. In accordance with market competition principles, the drug plans that administer the drug benefit are private and public corporations (i.e., non-government) that may rely on price negotiating, rebate negotiation,...
U.S. and International Responses to the Global Spread of Avian Flu: Issues for Congress
Influenza A/H5N1 is one of many influenza (flu) strains currently spreading throughout the world. Although it is a bird flu, it has infected some people and killed more than half of those infected. Since 1997, when the first human contracted H5N1 in Hong Kong, the virus has resurfaced and spread to more than 50 countries across Asia, Europe, the Middle East, and Africa—infecting more than 260 people and killing more than 150 of those infected. In February 2006, the virus spread from Asia and central Europe to western Europe. By March 2006, health experts had confirmed new bird flu cases in...
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices
The 109th Congress considered numerous proposals to amend the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration.
The ESA has been one of the more contentious environmental laws. This may stem from its...
China’s Trade with the United States and the World
As imports from the People’s Republic of China (PRC) have surged in recent years, posing a threat to some U.S. industries and manufacturing employment, Congress has begun to focus on not only access to the Chinese market and intellectual property rights (IPO) protection, but also the mounting U.S. trade deficit with China as well as allegations that China is selling its products on the international market at below cost (dumping), engaging in “currency manipulation,” and exploiting its workers for economic gain. Members of the 109th Congress introduced several bills that would impose trade...
Agriculture and Related Agencies: FY2007 Appropriations
The Agriculture and Related Agencies appropriations bill includes all of USDA (except the Forest Service), plus the Food and Drug Administration and the Commodity Futures Trading Commission. The full House passed the FY2007 agriculture appropriations bill on May 23, 2006 (H.R. 5384, H.Rept. 109-463). On June 22, 2006, the Senate Appropriations Committee reported its version (H.R. 5384, S.Rept. 109-266). The full Senate took up the bill on December 5, 2006, but only to consider a crop disaster amendment, which was defeated. Because a final bill has not been enacted, a continuing resolution...
“Partial-Birth” Abortion and the 2006 Term of the U.S. Supreme Court
The Partial-Birth Abortion Ban Act (“PBABA” or “the act”) was signed into law on November 5, 2003. Within two days of its enactment, the PBABA was enjoined by federal district courts in Nebraska, California, and New York. Since that time, the U.S. Courts of Appeals for the Second, Eighth, and Ninth Circuits have affirmed lower court decisions that have found the act unconstitutional.
This report examines Gonzales v. Carhart and Gonzales v. Planned Parenthood, the partial-birth abortion decisions from the Eighth and Ninth Circuits. In spring 2006, the U.S. Supreme Court agreed to review the...
Clean Water Act: A Review of Issues in the 109th Congress
Legislative initiatives to comprehensively amend the Clean Water Act (CWA) have stalled for some time as interested parties have debated whether and exactly how to change the law. Congress has instead focused legislative attention on narrow bills to extend or modify selected CWA programs, but not any comprehensive proposals. In the 109th Congress, two such bills were enacted: a bill extending authorizations for the Long Island Sound program (H.R. 3963, P.L. 109-137), and another concerning the Lake Pontchartrain Basin (H.R. 6121, P.L. 109-392). The House also passed H.R. 1721, a bill to...
Federal farm support, food assistance, agricultural trade, marketing, and rural development policies are governed by a variety of separate laws. However, many of these laws periodically are evaluated, revised, and renewed through an omnibus, multi-year “farm bill.” The Farm Security and Rural Investment Act of 2002 (P.L. 107-171) was the most recent omnibus farm bill, and many of its provisions expire in 2007, so reauthorization is expected to be addressed in the first session of the 110th Congress.
The heart of every omnibus farm bill is farm income and commodity price support...
International Terrorism: Threat, Policy, and Response
This report examines international terrorist actions, threats, U.S. policies and responses. It reviews the nation’s use of tools at its disposal to combat terrorism, from diplomacy, international cooperation, and constructive engagement to physical security enhancement, economic sanctions, covert action, and military force.
A modern trend in terrorism appears to be toward loosely organized, self-financed, international networks of terrorists. Increasingly, radical Islamist groups, or groups using religion as a pretext, pose a serious threat to U.S. interests and to friendly regimes. Of...
How to safely dispose of wastes from producing nuclear weapons has been an ongoing issue. The most radioactive portion of these wastes is stored in underground tanks at Department of Energy (DOE) sites in Idaho, South Carolina, and Washington State. There have been concerns about soil and groundwater contamination from some of the tanks that have leaked. DOE proposed to remove the “pumpable” liquid waste, classify the sludge-like remainder as “waste incidental to reprocessing,” and seal it in the tanks with a cement grout. DOE has argued that closing the tanks in this manner would be a...
Homeland Security Research and Development Funding, Organization, and Oversight
P.L. 107-296, the Homeland Security Act, consolidated some research and development (R&D) in the Department of Homeland Security (DHS). For FY2007, Congress appropriated an R&D budget (excluding management/procurement) totaling about $1.0 billion, about 22% less than FY2006, and representing the first decline in DHS’s R&D funding since the inception of DHS in 2002. DHS is mandated to coordinate all federal agency homeland security R&D, which was requested at about $5.1 billion. During the 110th Congress, contentious policy issues relating to DHS’s R&D are likely to include...
Providing access to scientific and technical information (S&T) for legitimate uses while protecting it from potential terrorists poses difficult policy choices. Federally funded, extramural academic research is to be “classified” if it poses a security threat; otherwise, it is to be “unrestricted.” Since the September 11, 2001 terrorist attacks, controls increasingly have been placed on some unclassified research and S&T information, including that used to inform decision making and citizen oversight. These controls include “sensitive but unclassified” (SBU) labels; restrictive contract...
Federal Research and Development: Budgeting and Priority-Setting Issues, 109th Congress
This report summarizes current research and development (R&D) priority-setting issues—in terms of expenditures; agency, topical, or field-specific priorities; and organizational arrangements to determine priorities. Federal R&D funding priorities reflect presidential policies and national needs. Defense R&D predominated in the 1980s, decreasing to about 50% of federal R&D in the 1990s. In non-defense R&D, space R&D was important in the 1960s as the nation sought to compete with the Soviet Union; energy R&D was a priority during the energy-short 1970s, and, since the 1980s, health R&D has...
Wireless Privacy and Spam: Issues for Congress
Wireless communications devices such as cell phones and personal digital assistants (PDAs) are ubiquitous. Some consumers, already deluged with unwanted commercial messages, or “spam,” via computers that access the Internet by traditional wireline connections, are concerned that such unsolicited advertising is expanding to wireless communications, further eroding their privacy.
In particular, federal requirements under the Enhanced 911 (E911) initiative to ensure that mobile telephone users can obtain emergency services as easily as users of wireline telephones, are driving wireless...
Medicaid and SCHIP: FY2007 Budget Issues
Each year, the President is required to submit a comprehensive federal budget proposal to Congress no later than the first Monday in February. Once it is submitted, the Congressional Budget Office (CBO) analyzes the proposal using its own economic assumptions and estimation techniques. Then, the House and Senate Budget Committees each develop a budget resolution after reviewing the President’s budget, the views of other committees, and information from CBO. Differences between the houses are supposed to be resolved by April 15, but this deadline is rarely met. Although it is not binding,...
This report discusses the revenue reconciliation directives that varied in their time frame, from single-year coverage (in the FY1976, FY1981, and FY1990 budget resolutions) to 11-year coverage (in the FY2002 and FY2004 budget resolutions)
Second Chance Homes: Federal Funding, Programs, and Services
Second chance homes for unwed teenage mothers are not a new concept in the nation. Before the mid-1880s, support for unwed teen mothers was primarily provided by family, friends, and churches. In 1883, Charles Crittenton founded the first “rescue home” (named for his daughter Florence) that eventually became a chain of what later were called private maternity homes, to better support such mothers and ensure that no repeat out-of-wedlock pregnancies occurred. Subsequently, an extensive network of private maternity homes was established across the nation.
In 1935, with the passage of the Aid...
Children Exposed to Domestic Violence: Federal Assistance Programs
Violence between domestic partners is not a new phenomenon. Children who witness such violence, however, have increasingly become a concern of policymakers. Since 1999, several federal programs and initiatives have been created to address the problems of children who witness domestic violence, and several new initiatives were enacted in the 109th Congress. The Safe Start Initiative was authorized by legislation in 1999 ( P.L. 105-277 ) to prevent and reduce the effects of family and community violence on young children from birth to age six. In 2000, Congress reauthorized the Violence...
Protection of National Security Information
Recent cases involving alleged disclosures of classified information to the news media or others who are not entitled to receive it have renewed Congress’s interest with regard to the possible need for legislation to provide for criminal punishment for the “leaks” of classified information. The Espionage Act of 1917 and other statutes and regulations provide a web of authorities for the protection of various types of sensitive information, but some have expressed concern that gaps in these laws may make prosecution of some disclosures impossible. The 106th Congress passed a measure to...
India's Nuclear Separation Plan: Issues and Views
On July 18, 2005, President Bush and Indian Prime Minister Manmohan Singh announced the creation of a "global partnership," which would include "full" civil nuclear cooperation between the United States and India. This is at odds with nearly three decades of U.S. nonproliferation policy and practice. President Bush promised India he would persuade Congress to amend the pertinent laws to approve the agreement, as well as persuade U.S. allies to create an exception to multilateral Nuclear Suppliers Group (NSG) guidelines for India. India committed to, among other things, separating its...
U.S.-India Nuclear Cooperation: A Side-By-Side Comparison of Current Legislation
In March 2006, the Bush Administration proposed legislation to create an exception for India from certain provisions of the Atomic Energy Act to facilitate a future nuclear cooperation agreement. After hearings in April and May, the House International Relations Committee and the Senate Foreign Relations Committee considered bills in late June 2006 to provide an exception for India to certain provisions of the Atomic Energy Act related to a peaceful nuclear cooperation agreement. On July 26, 2006, the House passed its version of the legislation, H.R. 5682, by a vote of 359 to 68. On...
S. 2557, the Oil and Gas Industry Antitrust Act of 2006: Brief Legal Analysis
This report addresses one of several approaches to the issue of rising gasoline prices put forward in the 109th Congress. S. 2557 was introduced on April 6, 2006, by Senator Specter, Chairman of the Senate Judiciary Committee, reported by that committee on April 27, but was not scheduled for floor action. The bill sought to amend the antitrust laws to accomplish four things.
Mitigate regional shortages of petroleum and natural gas products
Mandate federal agency reviews to (a) fine-tune the statutory provision most concerned with mergers (Section 7 of the Clayton Act, 15 U.S.C. § 18,...
Latin America and the Caribbean: Issues for the 109th Congress
Over the past two decades, the Latin America and Caribbean region has made enormous strides in terms of political and economic development. In 2006, elections for head of government were held in 12 countries in the region, including the close election in Mexico in July, the re-election of presidents in Brazil, Colombia, Guyana, and Venezuela, and the election of former heads of government in Costa Rica, Haiti, Nicaragua, Peru, and St. Lucia. Although the region overall experienced an economic setback in 2002-2003, it has rebounded since 2004. Nevertheless, several nations faced...
USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis
Several sections of the USA PATRIOT Act and one section of the Intelligence Reform and Terrorism Prevention Act of 2004 were originally scheduled to expire on December 31, 2005. In July 2005, both Houses approved USA PATRIOT reauthorization acts, H.R. 3199 and S. 1389, and the conference committee filed a report, H.Rept. 109-333. A separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271), provided civil liberties safeguards not included in the conference report. Both H.R. 3199 and S. 2271 were signed into law (P.L. 109-177 and P.L. 109-178) by the...
There are several statutory requirements imposed by the Credit Union Membership Access Act (CUMAA) for converting a federal credit union to a mutual savings bank. In addition, the National Credit Union Administration (NCUA), the federal agency that charters and supervises federal credit unions, has issued regulations requiring significant disclosures by a federal credit union attempting to convert its charter to a mutual savings bank. Some of these disclosures are considered by critics to be speculative in nature, such as whether the directors of the converted institution intend later to...
Foreign Affairs, Defense, and Trade: Key Issues for the 110th Congress
The 110th Congress will face a number of pressing foreign affairs, defense, and trade issues in the opening days of its tenure. This report identifies major issues most likely to be on the legislative agenda, discusses critical policy choices at stake, and summarizes some of the major alternatives that Congress may consider. The report lists Congressional Research Service reports that address these issues, and it identifies key analysts and their areas of responsibility.
A major issue confronting the new Congress is what to do in Iraq. The Baker/Hamilton-led Iraq Study Group recommended...
Pension Protection Act of 2006: Summary of the PBGC Guarantee and Related Provisions
Title IV of the Pension Protection Act of 2006 (P.L. 109-280; August 17, 2006) contains several provisions concerning premiums and benefit guarantees under the Pension Benefit Guaranty Corporation’s (PBGC’s) insurance program. The Title also contains special funding rules for commercial airlines and airline catering companies. Other provisions address issues such as rules for substantial owners, the appointment of the PBGC director, and missing participants. This report summarizes the Title’s provisions. For additional information on the Pension Protection Act, see CRS Report RL33703,...
Senate Organization in the 107th Congress: Agreements Reached in a Closely Divided Senate
The 2000 elections resulted in a Senate composed of 50 Republicans and 50 Democrats. Not since the Senate of 1881 (37 Republicans, 37 Democrats, and two Independents) had the two major parties been equally represented. An historic powersharing agreement, worked out by the party floor leaders in consultation with their party colleagues, was presented to the Senate (S.Res. 8) on January 5, 2001 and agreed to the same day. The agreement was clarified by a leadership colloquy on January 8, 2001.
In May of 2001, Senator James Jeffords of Vermont decided to leave the Republican party, to become...
Under federal law, elder abuse is defined as the abuse, neglect, and exploitation of an older individual. All 50 states and the District of Columbia have enacted some form of elder abuse prevention law and have state agencies, such as Adult Protective Services (APS), to help achieve compliance with those laws. Specific provisions vary considerably from one jurisdiction to another, but all states have set up reporting systems. This report summarizes the various approaches used pertaining to elder abuse, including mandatory reporting laws and legal remedies available to victims of elder abuse.
BSE (“Mad Cow Disease”): A Brief Overview
The appearance of BSE (bovine spongiform encephalopathy or “mad cow disease”) in North America in 2003 raised meat safety concerns and disrupted trade for cattle and beef producers. A major issue for Congress has been how to rebuild foreign markets for U.S. beef. Other issues include whether additional measures are needed to further protect the public and cattle herd, and concerns over the relative costs and benefits of such measures for consumers, taxpayers and industry.
This report summarizes and updates information found in other CRS reports; see “For More Information.” Sources for...
Cuba: Issues for the 109th Congress
Since the early 1960s, U.S. policy toward Cuba under Fidel Castro has consisted largely of isolating the communist nation through comprehensive economic sanctions, which have been significantly tightened by the Bush Administration. Another component of U.S. policy has consisted of support measures for the Cuban people, including private humanitarian donations and U.S.-sponsored radio and television broadcasting to Cuba. While there appears to be broad agreement on the overall objective of U.S. policy toward Cuba—to help bring democracy and respect for human rights to the island—there are...
Port and Maritime Security: Potential for Terrorist Nuclear Attack Using Oil Tankers
While much attention has been focused on threats to maritime security posed by cargo container ships, terrorists could also attempt to use oil tankers to stage an attack. If they were able to place an atomic bomb in a tanker and detonate it in a U.S. port, they would cause massive destruction and might halt crude oil shipments worldwide for some time. Detecting a bomb in a tanker would be difficult. Congress may consider various options to address this threat. S. 12, Targeting Terrorists More Effectively Act of 2005, included a Tanker Security Initiative (sec. 325). This report will be...
The Older Americans Act: Programs, Funding, and 2006 Reauthorization (P.L. 109-365)
The Older Americans Act (OAA) is the major vehicle for the delivery of social and nutrition services for older persons. Originally enacted in 1965, the act supports a wide range of social services and programs for older persons. Authorization of appropriations expired at the end of FY2005. The Older Americans Act Amendments of 2006 (P.L. 109-365) reauthorized all programs under the act through FY2011.
The major program under the act, Title III—Grants for State and Community Programs on Aging—authorizes grants to 56 state and 655 area agencies on aging to act as advocates on behalf of, and...
Softwood Lumber Imports from Canada: Issues and Events
U.S. lumber producers have long raised concerns about softwood imports from Canada. They argue that Canada subsidizes its lumber producers with low provincial stumpage fees (for the right to harvest trees). In Canada, the provinces own 90% of the timberlands, which contrasts with the United States, where 42% of timberlands are publicly owned and where government timber is often sold competitively; these differences in land tenure make comparisons difficult. U.S. producers also argue that Canadian log export restrictions subsidize producers by preventing others from getting access to...
Facilities handling large amounts of potentially hazardous chemicals (i.e., chemical facilities) might be of interest to terrorists, either as targets for direct attacks meant to release chemicals into the community or as a source of chemicals for use elsewhere. Because few terrorist attacks have been attempted against chemical facilities in the United States, the risk of death and injury in the near future is estimated to be low, relative to the likelihood of accidents at such facilities or attacks on other targets using conventional weapons. For any individual facility, the risk is very...
In the 109th Congress, several bills were introduced to address the legacy of pollution from inactive and abandoned hardrock mines (IAMs) that degrades the environment throughout the United States, particularly in the West. The Environmental Protection Agency has estimated that 40% of headwaters in the West have been adversely impacted by acidic and other types of drainage from abandoned sites where gold, silver, copper, lead, and iron ore were mined. The core concept underlying the bills is that, in order to address the problem of pollution from IAM sites, it is appropriate to encourage...
Hurricane-Damaged Drinking Water and Wastewater Facilities: Impacts, Needs, and Response
Throughout the Gulf Coast region, high winds and water from Hurricanes Katrina and Rita in 2005 damaged a wide range of public service facilities, including drinking water supply and treatment and sewage treatment plants. Restoring those facilities is part of the overall cleanup and restoration process. This report describes impacts of the storms on drinking water and wastewater treatment facilities and efforts to assess damages and needs to repair and reconstruct damaged systems. Full facility restorations in some locations may take many months, and costs of needed repairs are largely...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1998-2005
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 1998-2005. In a series of data tables, it lists the total dollar values of U.S. arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 1998-2001, 2002-2005, and 2005 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 1998-2001, 2002-2005, and for 2005 alone. In addition, the report provides data tables listing the...
Border Security and Military Support: Legal Authorizations and Restrictions
The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in criminal activity and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. On May 15, 2006, President Bush announced that up to 6,000 National Guard troops would be sent to the border to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed...
Radioactive Waste Streams: Waste Classification for Disposal
Radioactive waste is a byproduct of nuclear weapons production, commercial nuclear power generation, and the naval reactor program. Waste byproducts also result from radioisotopes used for scientific, medical, and industrial purposes. The legislative definitions adopted for radioactive wastes, for the most part, refer to the processes that generated the wastes. Thus, waste disposal policies have tended to link the processes to uniquely tailored disposal solutions. Consequently, the origin of the waste, rather than its radiologic characteristics, often determines its fate.
Plutonium and...
North Korea’s Nuclear Test: Motivations, Implications, and U.S. Options
On October 9, 2006, North Korea announced it conducted a nuclear test. After several days of evaluation, U.S. authorities confirmed that the underground explosion was nuclear, but that the test produced a low yield of less than one kiloton. As the United Nations Security Council met and approved a resolution condemning the tests and calling for punitive sanctions, North Korea remained defiant, insisting that any increased pressure on the regime would be regarded as an act of war. China and South Korea, the top aid providers to and trade partners with the North, supported the resolution...
The Energy Information Administration (EIA) in its Short Term Energy and Winter Fuels Outlook (STEWFO) provided good news for residential natural gas consumers. EIA projected that natural gas winter home heating costs might decline by as much as 13% from last year’s record-setting levels, even though consumption is expected to increase this winter. The STEWFO sees prices for natural gas lower than last year as a result of weak market fundamentals.
Analyses of natural gas market demand and supply conditions seem to be consistent with the EIA STEWFO. Aggregate consumption of natural gas over...
Water Quality: Implementing the Clean Water Act
Congress enacted the last major amendments to the Clean Water Act in 1987 (P.L. 100-4). Since then, the Environmental Protection Agency (EPA), states, and others have been working to implement the many program changes and additions mandated in the law. At issue today—more than 30 years after enactment of the core law—is what progress is being made to achieve its goals. In general, states and environmental groups fault EPA for delays in issuing guidance and providing assistance to carry out the law. EPA and others are critical of states, in turn, for not reaching beyond conventional...
Open Access Publishing and Citation Archives: Background and Controversy
Controversies about open access publishing and archiving confront issues of copyright and governmental competition with the private sector. Traditional publishers typically charge readers subscriber fees to fund the costs of publishing and distributing hard-copy and/or online journals. In contrast, most open access systems charge authors publication fees and give readers free online access to the full text of articles. Supporters of the open access “movement” object to the rising costs of journal subscriptions; share peer reviewers’ reluctance to do free reviews for journals rapidly...
Criminal Money Laundering Legislation in the 109th Congress
Money laundering is an auxiliary federal crime, established to accentuate the seriousness of other specific federal, state, and foreign crimes (predicate offenses). It is designed to cut off the flow of money and other resources to and from those predicate offenses. Each of the racketeer influenced and corrupt organization (RICO) predicate offenses, including any of the federal crimes of terrorism, is automatically included on the money laundering predicate offense list. Money launderers face lengthy prison terms, heavy fines, and the confiscation of property associated with the laundering...
The Death Penalty: Capital Punishment Legislation in the 109th Congress
The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act), P.L. 109-177, 120 Stat. 192 (2006) contains a number of death penalty related provisions. Some create new federal capital offenses making certain death-resulting maritime offenses punishable by death. Some add the death penalty as a sentencing option in the case of pre-existing federal crimes such those outlawing attacks on mass transit. Some make procedural alterations such as those governing federal habeas corpus provisions for state death row petitioners. Other proposals offered during the 109th Congress would...
Derivatives, Risk Management, and Policy in the Energy Markets
Risk management is important in the energy industries because of the volatility of oil and natural gas prices. Price volatility can reduce the profit of business strategies and hurt consumers. The use of financial derivatives, both traded and over-the-counter, has developed as a low cost method of hedging price risk. However, the use of derivatives has also been linked to major financial scandals and bankruptcies.
Risk management strategies can be undertaken without the use of derivatives. Vertical integration of the production process, inventory control, and long-term, fixed price...
Navy Ship Acquisition: Options for Lower-Cost Ship Designs—Issues for Congress
Rising procurement costs for Navy ships are a matter of concern for both Navy officials and Members of Congress who track Navy-related issues. The Congressional Budget Office (CBO) estimates that executing the 30-year shipbuilding plan that the Navy submitted to Congress in early 2006 may require annual funding levels about 33% higher than the Navy plans, and about 76% more than the Navy has received on average in recent years. The issue for Congress is how to respond to rising Navy ship procurement costs.
Aside from reducing planned ship procurement rates, one option would be to reduce...
The Death Penalty: An Abridged Look at Capital Punishment Legislation in the 109th Congress
The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act), P.L. 109-177, 120 Stat. 192 (2006) contains a number of death penalty related provisions. Some create new federal capital offenses making certain death-resulting maritime offenses punishable by death. Some add the death penalty as a sentencing option in the case of pre-existing federal crimes such those outlawing attacks on mass transit. Some make procedural alterations such as those governing federal habeas corpus provisions for state death row petitioners. Other proposals offered during the 109th Congress followed...
Evolutionary Acquisition and Spiral Development in DOD Programs: Policy Issues for Congress
The Department of Defense (DOD) in 2001 adopted a new approach for developing major weapon systems, called evolutionary acquisition with spiral development (EA/SD), as its preferred standard. EA/SD is intended to make DOD’s acquisition system more responsive to rapid changes in military needs. EA/SD poses potentially important challenges for Congress in carrying out its legislative functions, particularly committing to and effectively overseeing DOD weapon acquisition programs. This report will be updated as events warrant.
House Committee Markups: Commonly Used Motions and Requests
House committee markups generally are held to consider legislation. During a markup, committees follow House rules and their individual committee rules to ensure proper parliamentary procedure. This report identifies motions commonly used and requests frequently heard during a markup. It is not intended to be an exhaustive list. This report will be updated if rules or procedures change.
Committee of the Whole: Stages of Action on Measures
The House gives initial floor consideration to most major legislation in Committee of the Whole, a parliamentary device that is technically a committee of the House to which all Members belong. This report describes seven chief stages that occur in considering a measure under this procedure: resolving into committee, general debate, amendment under the five-minute rule, reporting to the House, House vote on amendments, motion to recommit, and final passage. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Obtaining a Record Vote on the House Floor
The House of Representatives uses two kinds of votes in which the names and positions of individual Members are recorded: (1) the recorded vote, used chiefly in Committee of the Whole, though also in order in the House, and (2) the yea and nay vote, in order only in the House proper. Both kinds together are referred to as record votes or, more informally, as “roll call votes,” and both are normally taken by electronic device. This fact sheet illustrates forms commonly used for obtaining each kind of vote.
Senate Leadership: Whip Organization
The whip system performs two primary functions: to take responsibility for the mobilization of party Members for key votes and to serve as a conduit for information between party leaders and party Members.
Immigration Legislation and Issues in the 109th Congress
Security concerns have figured prominently in the development of and debate on immigration legislation in the 109th Congress. In May 2005, the REAL ID Act became law as Division B of P.L. 109-13. It contains a number of immigration and identification document-related provisions intended to improve homeland security. Among these are provisions: to make changes to the Immigration and Nationality Act (INA) with respect to asylum and other forms of relief from removal; to expand the terrorism-related grounds for alien inadmissibility and deportation; and to set standards for state-issued...
Senate Leadership Structure: Overview of Party Organization
Each Congress, Senators meet to organize the chamber and select their party leaders. In addition to the majority and minority leaders and party whips are numerous entities created by the party to assist with the work of the party.
“Terrorism” and Related Terms in Statute and Regulation: Selected Language
Congress has used the term “terrorism” often in legislation. Hundreds of federal statutes and regulations already refer to “terrorism” and related terms in a variety of other contexts. However, these statutes and regulations ultimately refer to an extremely small set of statutory definitions, current criminal law and immigration definitions among them. This report provides the current text of a few of the fundamental definitions.
9/11 Commission Recommendations: Implementation Status
This report provides a review of the 9/11 Commission recommendations and the status of their implementation at the end of the 109th Congress. The discussions herein are organized on the basis of policy themes that are at the core of the 9/11 Commission’s recommendations, rather than through a review of each numbered item set out in the Commission’s final report. The analysis was produced by a large team of CRS Specialists, analysts, and attorneys who are responsible for the wide variety of policy areas covered by the 9/11 Commission in its work. The authors of the varied segments of this...
The Supreme Court granted certiorari in Winkelman v. Parma City School District (05-983) to determine whether, and if so, under what circumstances non-attorney parents of a child with a disability may bring suit without using an attorney under the Individuals with Disabilities Education Act. The circuit courts are split in their determinations of this issue with some circuits finding that non-attorney parents may not proceed pro se, another circuit holding that non-attorney parents have no limitations on their ability to proceed, and other courts of appeals holding that parents can proceed...
Gulf Coast Hurricanes: Addressing Survivors’ Mental Health and Substance Abuse Treatment Needs
Major disasters such as Hurricanes Katrina, Rita, and Wilma, which struck Gulf Coast states in 2005, have the potential not only to cause mental health problems for individuals, but also to weaken or disable the systems designed to address those individuals’ needs. Striking an appropriate balance of responsiveness, fiscal responsibility, and accountability in the provision of federal assistance programs during and following a disaster remains a difficult goal.
Federal leadership for mental health and substance abuse programs resides in the Substance Abuse and Mental Health Services...
Membership of the 109th Congress: A Profile
This report presents a profile of the membership of the 109th Congress. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age and length of service, occupation, religious affiliation, female and minority Members, foreign-born Members, and military service.
Prison Litigation Reform Act in the Supreme Court’s 2006 Term
When prisoners sue in federal court to challenge the conditions of their confinement, the Prison Litigation Reform Act (PLRA) requires that they first exhaust their available administrative remedies by pursuing to completion the prison’s internal complaint process before moving forward with their civil rights lawsuits. The Court will decide in three consolidated cases, Jones v. Bock (05-7058), Walton v. Bouchard, and Williams v. Overton (05-7142), whether the PLRA’s exhaustion requirement insists that prisoners complete the administrative review process in accordance with applicable...
Weapons of Mass Destruction: Trade Between North Korea and Pakistan
In October 2002, the United States confronted North Korea about its alleged clandestine uranium enrichment program. Soon after, the Agreed Framework collapsed, North Korea expelled international inspectors, and withdrew from the Nuclear Nonproliferation Treaty (NPT). U.S. intelligence officials claimed Pakistan was a key supplier of uranium enrichment technology to North Korea, and some media reports suggested that Pakistan had exchanged centrifuge enrichment technology for North Korean help in developing longer range missiles.
U.S. official statements leave little doubt that cooperation...
Historical Effective Marginal Tax Rates on Capital Income
Effective marginal tax rates on investment are forward-looking estimates that project over the lifetime of an investment what share of the return will effectively be paid in taxes. These rates can differ significantly from average tax rates measured by dividing tax liability by income, because they are affected by timing. Effective tax rates fell from the early 1950s through the mid-1960s, rose until the early 1980s, and then dropped. They have stayed about the same until relatively recently, when they fell to an all-time low with bonus depreciation, relief of double tax on dividends, and...
Proposals in the 109th Congress to Split the Ninth Circuit Court of Appeals
Proposals to split the Ninth Circuit Court of Appeals have been before Congress for decades. Proponents of a split generally argue that the current Ninth Circuit is overburdened, and that creating two or more new circuits with reduced geography, population, and caseloads would improve judicial administration. Opponents of a split reject those claims, saying that the current Ninth Circuit functions well and that the court is a model of innovation. Opponents of a split also suggest that efforts to divide the circuit represent an attack on judicial independence, a claim supporters of a split...
The Public Utility Holding Company Act of 1935 (PUHCA 1935) was repealed in the Energy Policy Act of 2005. Prior to repeal, PUHCA 1935 required “holding companies” (i.e., companies with subsidiaries engaged in the electric utility business or the retail distribution of natural or manufactured gas) to register with the U.S. Securities and Exchange Commission (SEC), satisfy certain disclosure requirements, and comply with strict operational limitations. These operational limitations imposed significant geographic and corporate holdings restrictions upon holding companies and effectively...
Sanchez-Llamas v. Oregon: Recent Developments Concerning the Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations (VCCR) is a multilateral agreement codifying consular practices originally governed by customary practice and bilateral agreements between States. Pursuant to Article 36 of the VCCR, when a foreign national of a signatory State is arrested or otherwise detained, appropriate authorities within the receiving signatory State must inform him “without delay” of his right to have his consulate notified. Nevertheless, foreign nationals detained by U.S. state and local authorities are not always provided with requisite consular information.
Until March...
Homeland Security Department: FY2007 Appropriations
The annual consideration of appropriations bills (regular, continuing, and supplemental) by Congress is part of a complex set of budget processes that also encompasses the consideration of budget resolutions, revenue and debt-limit legislation, other spending measures, and reconciliation bills. In addition, the operation of programs and the spending of appropriated funds are subject to constraints established in authorizing statutes. Congressional action on the budget for a fiscal year usually begins following the submission of the President’s budget at the beginning of each annual session...
Internet Gambling: Two Approaches in the 109th Congress
On September 30, 2006, Congress passed and sent to the President the SAFE Port Act (H.R. 4954) that includes an Internet gambling title added in conference. The President signed the bill on October 13, 2006 (P.L. 109-347). The Internet gambling title prohibits gambling businesses from accepting checks, credit cards, electronic transfers and the like in connection with illegal Internet gambling In doing so, it tracks the language of H.R. 4411 as reported by the Financial Services Committee, but does not contain the amendments to the Wire Act or most of the other provisions folded into H.R....
Growth in Foreign Holdings of Federal Debt
This report discusses the special role that the dollar plays in international finance and the strength and stability of the U.S. financial markets (including Treasury securities) which make them attractive sources for foreign investment.
Legal Comments on H.R. 4772: The Private Property Rights Implementation Act of 2006
H.R. 4772, titled the Private Property Rights Implementation Act of 2006, passed the House in September 2006 and may, if the Senate acts, move forward during the 2006 lame-duck session.
The bill combines process and substance. The process provisions would ease or eliminate four current hurdles to a federal takings or substantive due process claim being adjudicated in federal court on the merits—in those cases where government interference with property rights is alleged. Those hurdles are abstention, the takings ripeness requirements that the plaintiff must first obtain a final decision...
Balancing Scientific Publication and National Security Concerns: Issues for Congress
The federal government has historically supported the open publication of federally funded research results. In cases where such results presented a challenge to national security concerns, several mechanisms have been employed. For fundamental research results, the federal policy has been to use classification to limit dissemination. For advanced technology and technological information, a combination of classification and export and arms trafficking regulation has been used to inhibit its spread. The terrorist attacks of 2001 increased scrutiny of nonconventional weapons, including...
India and Iran: WMD Proliferation Activities
Members of Congress have questioned whether India’s cooperation with Iran might affect U.S. and other efforts to prevent Iran from developing nuclear weapons. India’s long relationship with Iran and its support of Non-Aligned Movement (NAM) positions on nonproliferation are obstacles to India’s taking a hard line on Iran, yet the Bush Administration has asserted that U.S.-India nuclear cooperation would bring India into the “nonproliferation mainstream.” India, like most other states, does not support a nuclear weapons option for Iran. However, its views of the Iranian threat and...
This report discusses potential changes to the Fair Labor Standards Act that may occur during the 109th Congress.
International Drug Trade and U.S. Foreign Policy
Efforts to significantly reduce the flow of illicit drugs from abroad into the United States have so far not succeeded. Moreover, over the past decade, worldwide production of illicit drugs has risen dramatically: opium and marijuana production has roughly doubled and coca production tripled. The effectiveness of international narcotics control programs in reducing consumption is a matter of ongoing concern.
Despite apparent national political resolve to deal with the drug problem, inherent contradictions regularly appear between U.S. anti-drug policy and other national policy goals and...
Committee Assignment Process in the U.S. Senate: Democratic and Republican Party Procedures
Because of the importance of committee work, Senators consider desirable committee assignments a priority. The key to securing favorable committee slots is often said to be targeting committee seats that match the legislator’s skills, expertise, and policy concerns.
After general elections are over, one of the first orders of business for Senate leaders is setting the sizes and ratios of committees. Although the size of each standing committee is set in Senate rules, changes in these sizes often result from inter-party negotiations before each new Congress. Senate party leaders also...
Clean Air Act Issues in the 109th Congress
The courts and the executive branch have faced major decisions on clean air issues in 2006, with Congress playing a limited role. One focus has been the EPA Administrator’s September 21, 2006 decision regarding air quality standards for fine particles. According to EPA and the consensus of the scientific community, current concentrations of fine particles cause tens of thousands of premature deaths annually. The Administrator’s September 21 decision will strengthen the standards; according to the agency, it will reduce premature mortality by 1,200 - 13,000 persons annually. However, many...
Electronic Banking: The Post-Check 21 Payments System
The Check Clearing for the 21st Century Act (Check 21) was enacted in 2003 to encourage replacing paper check clearing with electronic check clearing because of the cost savings and efficiencies electronic clearing offers. Coincidentally, in the 2001-2003 period, consumers’ increased use of electronic payment methods—such as credit, debit cards, and automated clearinghouse (ACH) payments—exceeded the number of paper check payments for the first time in U.S. history. Consumers’ growing use of cards and other fully electronic payment methods appears to be diminishing growth of Check 21 use...
Demilitarization of Significant Military Equipment
This report examines the process and problems associated with demilitarizing significant military equipment in the United States. The demilitarization of military equipment is an important issue today; evidence has shown that because of some failures in enforcement, potentially harmful weaponry and parts are finding their way into the hands of private citizens, as well as possible enemies of the United States.
The effort to dispose of and demilitarize surplus military equipment dates back to the end of World War II, when the federal government decided to reduce a massive inventory of...
Caribbean Region: Issues in U.S. Relations
With some 34 million people and 16 independent nations sharing an African ethnic heritage, the Caribbean is a diverse region that includes some of the hemisphere’s richest and poorest nations. The region consists of 13 island nations, from the Bahamas in the north to Trinidad and Tobago in the south; Belize, which is geographically located in Central America; and the two nations of Guyana and Suriname, located on the north central coast of South America. With the exception of Cuba and Haiti, regular elections in the region are the norm, and for the most part have been free and fair....
Age Dependency Ratios and Social Security Solvency
The aging of the population of the United States, hastened by the impending retirement of the huge baby-boom generation, has caused some policy-makers to question whether the U.S. Social Security system can meet the demands for retirement benefits in the future. The financial health of the system, which is largely financed through payroll taxes paid by current workers in a pay-as-you-go manner, is sensitive to the ratio of dependents to workers—sometimes called the age dependency ratio or support ratio.
Trends and projections of dependency ratios, including the relationship between both...
The Title XVI Water Reuse Program: Implementation and Legislative Issues
Congress authorized the Department of the Interior (DOI) to undertake a program to provide limited federal financing for water reuse (i.e., planned beneficial use of treated wastewater and impaired surface and groundwaters) in Title XVI of P.L. 102-575—the Reclamation Wastewater and Groundwater Studies Feasibility Act of 1992. Title XVI’s implementation by DOI’s Bureau of Reclamation has been contentious; many Members of Congress, particularly from water-scarce western states, support both the program and specific projects, but are frustrated by growing backlogs of projects seeking...
House Contested Election Cases: 1933 to 2005
This report provides a summary of contested election cases from the 73rd Congress through the 109th Congress, 1933 to 2005. The descriptions primarily provide information concerning the nature of the action and the disposition of the case. The summary is limited to only those cases that were considered by the House of Representatives; cases decided at the state level are beyond the scope of this report.
Veterans’ Health Care Issues in the 109th Congress
The Department of Veterans Affairs (VA) provides services and benefits to veterans who meet certain eligibility criteria. VA carries out its programs nationwide through three administrations and the Board of Veterans Appeals (BVA). The Veterans Health Administration (VHA) is responsible for veterans health care programs. The Veterans Benefits Administration (VBA) is responsible for providing compensation, pensions, and education assistance among other things. The National Cemetery Administration’s (NCA) responsibilities include maintaining national veterans cemeteries.
VHA operates the...
Medicaid Managed Care: An Overview and Key Issues for Congress
In terms of federal spending, Medicaid is one of the largest major domestic entitlement programs in the U.S. today. During the 1980s and 1990s, steadily rising Medicaid costs were attributed to the economic incentive to provide more care under the traditional, widespread fee-for-service (FFS) delivery system in which provider payments are made for each unit of service delivered. During that time, following the lead in the employer health insurance market, many states began to turn to managed care for their Medicaid programs. The goal, then and today, is both to rein in Medicaid costs by...
Senate Committees: Categories and Rules for Committee Assignments
Senate Rule XXV and party conference rules address committee assignments. Senate Rule XXV, paragraphs 2 and 3 establish categories of committees, popularly referred to as "A," "B," and "C," that condition assignment rules. This report outlines the categories of and rules for assigning Senators to Senate committees.
The 2005 Defense Base Closure and Realignment Commission (commonly referred to as the BRAC Commission) submitted to the President its report on domestic military base closures and realignments on September 8, 2005. The President approved the list and forwarded it to Congress on September 15. This report summarizes some of the report’s highlights and examines in detail the Commission’s proposed legislation for the conduct of a potential future BRAC round. It will not be updated.
Specialty Crop Issues in the 109th Congress
The U.S. specialty crop sector is comprised of producers, handlers, processors, and retailers of fruit, vegetable, tree nut, and nursery crops. The major U.S. Department of Agriculture (USDA) commodity price and income support programs do not include specialty crops, but the industry benefits generally from USDA programs related to trade, conservation, credit, protection from pests and diseases, domestic food assistance programs, crop insurance and disaster payments, research, and other areas. Certain programs of the Food and Drug Administration, the Department of Homeland Security, and...
Visibility, Regional Haze, and the Clean Air Act: Status of Implementation
Section 169A of the Clean Air Act (CAA) sets “as a national goal the prevention of any future, and the remedying of any existing, impairment to visibility” in designated “class I areas” (e.g., national parks and wilderness areas). It requires 26 categories of major stationary sources of pollution—including electric generating units (EGUs)—in existence on the date of enactment (1977), but not more than 15 years old as of that date, to install “best available retrofit technology” (BART) if the state determines the source may reasonably be anticipated to cause or contribute to any impairment...
The Budget for Fiscal Year 2006
This report discusses the President's fiscal year (FY) 2007 budget (February 2006) included a revised FY2006 deficit estimate of $423 billion, $72 billion larger than its previous estimate (July 2005) and $53 billion larger than its original deficit estimate in February 2005.
Conventional Arms Transfers to Developing Nations, 1998-2005
This report is prepared annually to provide Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its various policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government (FMS) transactions. Some general data are provided on worldwide conventional arms transfers by all suppliers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the...
The Distinction Between Monopoly and Monopolization in Antitrust Law
Antitrust law does not mandate either that markets be competitive, or that they contain some predetermined number of participants/competitors; it is concerned, rather, with the operation of markets, on the assumption that a properly functioning market (i.e., one in which there is an opportunity for viable competition, and is not skewed by the predatory actions of participants), will best protect consumers. “Monopoly” and “monopolist” are, therefore, merely descriptive terms, used to illustrate situations in which a single entity (or group of entities) possesses effective control of the...
U.S. Public Diplomacy: Background and the 9/11 Commission Recommendations
While the 9/11 terrorist attacks rallied unprecedented support abroad for the United States initially, they also heightened the awareness among government officials and terrorism experts that a significant number of people, especially within Muslim populations, harbor enough hatred for America so as to become a pool for terrorists. Over time it became clear that for the global war on terrorism to succeed, sustained cooperation from around the world would be required.
In the years prior to September 11th, both Congress and the various administrations downplayed the importance of funding...
Defense: FY2007 Authorization and Appropriations
In the week before Congress adjourned for recess on September 30, the House and Senate passed conference agreements on both the FY2007 national defense authorization bill, H.R. 5122, and the FY2007 defense appropriations bill, H.R. 5631. The President signed the appropriations bill into law, P.L. 109-289, on September 29, and he signed the authorization bill into law, P.L. 109-364, on October 17.
The conference agreement on the appropriations bill provides $436.6 billion for defense, including $366.6 billion in regular appropriations and $70 billion in additional appropriations, mainly as...
Monopoly and Monopolization—Fundamental but Separate Concepts in U.S. Antitrust Law
Antitrust doctrine holds that viable competition will best protect consumers; it is concerned with the viability of individual competitors only insofar as their fates affect marketplace competitiveness. Moreover, the Rule of Reason generally modified “competition” with “reasonable.” [Note: Standard Oil Co. of New Jersey v. United States, 221 U.S. 1 (1911). Rule of Reason analysis balances (with the exception of the relatively few instances of per se violations of the antitrust laws (e.g., price fixing, boycotts)) the anticompetitive results of a transaction against any procompetitive...
Child Welfare: State Performance on Child and Family Services Reviews
While child welfare programs are a primary responsibility of state and local governments, the federal government appropriates close to $7 billion annually to support these programs (primarily for foster care and adoption assistance) and states are required to meet certain federal policies in order to receive this funding. Child and Family Services Reviews (CFSRs) gauge state efforts and ability to achieve the primary goals of safety and permanence for children, and well-being for children and their families. The review is intended both to measure state compliance with federal child welfare...
The FY2007 National Defense Authorization Act: Selected Military Personnel Policy Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. Ongoing military operations in Iraq and Afghanistan in support of the Global War on Terror, along with the emerging operational role of the Reserve Components, further heightened interest and support for a wide range of military personnel policies and issues.
CRS selected a number of issues considered by Congress as it acted on the FY2007 National Defense Authorization Act. In each case, a brief synopsis is provided that includes background information, a comparison of the...
For more than a century, the federal government has constructed water resource projects for a variety of purposes, including flood control, navigation, power generation, and irrigation. While most municipal and industrial water supplies have been built by non-federal entities, most of the large, federal water projects in the West, including Hoover and Grand Coulee dams, were constructed by the Bureau of Reclamation (Department of the Interior) to provide water for irrigation.
Growing populations and changing values have increased demands on water supplies and river systems, resulting in...
On February 8, 2006, President Bush signed the Deficit Reduction Act of 2005 into law (P.L. 109-171). As enacted, the Deficit Reduction Act includes two child welfare provisions intended to reduce federal foster care spending under Title IV-E of the Social Security Act. Those provisions, sometimes called the Rosales provision and candidates provision, respectively, would 1) clarify individual eligibility for federal foster care and adoption assistance programs (Title IV-E of the Social Security Act); and 2) limit certain kinds of state claims for federal reimbursement of administrative...
Tax Benefits for Families: Recent Changes for the Head of Household Filing Status
This report describes the recent changes to file a federal income tax return as a head of household.
Brazil’s Agricultural Production and Exports: Selected Data
Brazil is a major world producer and exporter of agricultural products. In 2004, Brazil exported $30.9 billion worth of agricultural and food products, making it the world’s third-largest exporter of agricultural products after the United States and the European Union. Brazil’s major agricultural exports include soybeans, poultry, beef, pork, orange juice, and coffee.
Highlights of Brazil’s agricultural production and exports include:
Soybeans: In 2005, Brazil, the world’s second largest producer, became the world’s leading exporter, with 39% of global export market share. The United...
Protecting Famous, Distinctive Marks: The Trademark Dilution Revision Act of 2006
The Federal Trademark Dilution Act of 1995 (FTDA) amended section 43 of the Trademark Act of 1946 to provide a new federal cause of action for the dilution of famous, distinctive marks. “Trademark dilution” is statutorily defined in 15 U.S.C. § 1127 to mean “the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of ... (1) competition between the owner of the famous mark and other parties, or (2) likelihood of confusion, mistake, or deception.” Under the FTDA, the owner of a famous mark may seek an injunction...
Honduras: Political and Economic Situation and U.S. Relations
This report discusses the relationship of United States with Honduras, characterized by significant foreign assistance, an important trade partnership, a U.S. military presence in the country, and cooperation on a range of transnational issues.
Argentina: Political and Economic Conditions and U.S. Relations
Argentina’s restructuring of over $100 billion in defaulted bond debt in June 2005 demonstrated the country’s emergence from its 2001-2002 economic crisis that had caused severe stress on the political system. Current President Néstor Kirchner, elected in 2003, has made bold policy moves in the areas of human rights, institutional reform, and economic policy that have helped restore Argentines’ faith in democracy. The October 2005 legislative elections demonstrated strong support for President Kirchner, whose popularity at this juncture bodes well for his re-election if he chooses to run...
Food Stamps and Nutrition Programs in the 2002 Farm Bill
Among the titles dealing with farm-support and other agriculture-related issues, Title IV of the 2002 farm bill (the Farm Security and Rural Investment Act; P.L. 107-171) reauthorized appropriations for and substantially revised the Food Stamp program. It also included provisions affecting several other domestic food aid programs/activities operated under the aegis of the Department of Agriculture that have typically been included in farm bills: nutrition assistance block grants to Puerto Rico and American Samoa, the Food Distribution Program on Indian Reservations (FDPIR), The Emergency...
The Individuals with Disabilities Education Act (IDEA): Attorneys’ Fees Provisions in P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys’ fees. Attorneys’ fees were among the most controversial provisions in the 2004 reauthorization of IDEA. This report analyzes the attorneys’ fees provisions in P.L. 108-446 and the final regulations. For a general...
Breastfeeding: Federal Legislation
There has been significant growth in the practice of breastfeeding in recent years. As a result, Congress and numerous state legislatures have considered various proposals concerning different aspects of breastfeeding.
Congress has authorized and funded the Breastfeeding Promotion Program (“Program”) as part of the Child Nutrition Programs administered by the Secretary of Agriculture (“Secretary”). Under this Program, the Secretary is directed to establish a breastfeeding promotion program to encourage breastfeeding. Through appropriations legislation, Congress has repeatedly affirmed a...
Credit Rating Agency Reform Act of 2006
P.L. 109-291, the Credit Rating Agency Reform Act of 2006, was enacted to correct the perceived problems created by the absence of statutory regulation of credit rating agencies. Credit ratings have become an important component of the financial reputation of a rated company. However, especially since the bankruptcies of Enron and WorldCom, whose debt had been rated investment grade, there has been concern that perhaps credit rating agencies should be regulated. P.L. 109-291 requires a credit rating agency which wishes to be considered a “nationally recognized statistical rating...
Extradition Between the United States and Great Britain: The 2003 Treaty
Federal court denial of British extradition requests in the cases of four fugitives from Northern Ireland led to the Supplementary Extradition Treaty. The Treaty proved controversial, and before the Senate would give its consent, it insisted upon modifications, some quite unusual. Those modifications have been eliminated in a newly negotiated treaty to which the Senate has recently given its advice and consent and which incorporates features often more characteristic of contemporary extradition treaties with other countries.
There was initial criticism of the new Treaty’s
exemptions to the...
Extradition Between the United States and Great Britain: A Sketch of the 2003 Treaty
Federal court denial of British extradition requests in the cases of four fugitives from Northern Ireland led to the Supplementary Extradition Treaty. The Treaty proved controversial, and before the Senate would give its consent, it insisted upon modifications, some quite unusual. Those modifications have been eliminated in a newly negotiated treaty to which the Senate has recently given its advice and consent and which incorporates features often more characteristic of contemporary extradition treaties with other countries. The Senate conditioned its approval of the Treaty upon an...
U.S.-Oman Free Trade Agreement
In aiming to fight terrorism with trade, the United States negotiated and the President signed on January 19, 2006, the U.S.’s fifth bilateral free trade agreement (FTA) in the proposed 20-entity Middle-East-Free Trade Area (MEFTA). This FTA is with Oman. Other U.S.-FTAs are with Israel, Jordan, Morocco, and Bahrain. A sixth is being negotiated with the United Arab Emirates. Oman is a small oil-exporting U.S. trade partner that has been supportive of U.S. policies in the Middle East and is strategically located at the mouth of the Persian Gulf. Because its oil reserves could be exhausted...
Livestock Price Reporting: Background
Livestock Mandatory Price Reporting (LMPR) was first passed in 1999 to address some producers’ concerns about low livestock prices, industry concentration, and the availability of accurate market information. LMPR expired on September 30, 2005, and then operated on a voluntary basis, as the 109th Congress considered whether to reauthorize LMPR, for how long, and what if any changes should be made. In September 2006, the Senate cleared a bill (H.R. 3408) passed by the House one year earlier to extend LMPR for five years and to amend hog reporting provisions. It was signed into law (P.L....
Agricultural Issues in the 109th Congress
A number of issues affecting U.S. agriculture have been or are being addressed by the 109th Congress. The Deficit Reduction Act of 2005 (P.L. 109-171), enacted in February 2006, included a net reduction in spending on U.S. Department of Agriculture (USDA) mandatory programs of $2.7 billion over five years, and the reauthorization of a dairy income support program. Other issues of importance to agriculture during the second session of the 109th Congress include the consideration of emergency farm disaster assistance; multilateral and bilateral trade negotiations; concerns about...
Sacramento Flood Control and Folsom Dam: Recent Action and Current Issues
Sacramento, California, is among the U.S. cities most vulnerable to flooding, and regional growth is increasing the potential losses from flooding. A major flood could inundate developed and agricultural areas, disrupting the economy and damaging infrastructure and property. How to reduce flood risks in developed and developing areas is a problem faced by communities nationwide, and is receiving increased attention as the reliability of existing infrastructure is reevaluated in the aftermath of Hurricane Katrina.
Sacramento’s flood protection system, which includes levees on the American...
Defense Outsourcing: The OMB Circular A-76 Policy
This report provides information on the Office of Management and Budget's (OMB) Circular A-76, "Performance of Commercial Activities," and the impact of a related reform initiative, the Federal Activities Inventory Reform Act (FAIR) of 1998, within the Department of Defense (DOD). The Circular defines federal policy for determining whether recurring commercial activities should be transferred to performance by the private sector, or performed by federal government employees. The FAIR Act creates statutory reporting requirements for federal executive agencies, by requiring federal executive...
Globalizing Cooperative Threat Reduction: A Survey of Options
Increasingly, Congress and the Bush Administration are looking to utilize nonproliferation assistance programs, including cooperative threat reduction, to help reduce the risk of terrorist access to weapons of mass destruction (WMD). In the FY2004 National Defense Authorization Act (P.L. 108-136, Sec. 1308), Congress authorized the Bush Administration to spend $50 million of unobligated funds from the Cooperative Threat Reduction Program in states outside the former Soviet Union. As of September 2006, the Administration had spent such funds only in Albania ($38.5 million) for the purpose...
The Emergency Food and Shelter Program
The Emergency Food and Shelter (EFS) Program allocates funds to local communities to fund homeless programs including soup kitchens, food banks, shelters, and homeless prevention services. The EFS program is part of the Federal Emergency Management Agency (FEMA), and after Hurricane Katrina struck, some questions arose about the use of EFS program funds for Presidentially-declared disasters. This report describes how the EFS program operates through its National Board, local boards, and local recipient organizations. It further discusses the use of EFS program funds during disasters, and...
Line Item Veto: A Constitutional Analysis of Recent Proposals
On March 6, 2006, the President announced that he was sending to Congress proposed legislation that “would provide a fast-track procedure to require the Congress to vote up-or-down on rescissions proposed by the President.” The President’s proposal, denominated the “Legislative Line Item Veto Act of 2006,” was introduced the next day in the Senate and House as S. 2381 and H.R. 4890. In comments accompanying the proposal it is asserted that “the President’s proposal is fully consistent with the Constitution. In its 1998 ruling [in Clinton v. City of New York] striking down the Line Item...
The Private Testing of Mad Cow Disease: Legal Issues
The positive identification of bovine spongiform encephalopathy or BSE, commonly known as “mad cow disease,” in a Washington State cow in December of 2003 sparked a number of reactions from the federal government, the meat industry, and close to forty countries world-wide. The U.S. Department of Agriculture (USDA), for example, launched an extensive BSE sampling and surveillance program designed to test more high-risk cattle with the assistance of designated state and university diagnostic laboratories across the country. USDA implemented the new program in June of 2004, and uses...
Mexico held national elections for a new president and congress on July 2, 2006. Conservative Felipe Calderón of the National Action Party (PAN) narrowly defeated Andrés Manuel López Obrador of the leftist Party of the Democratic Revolution (PRD) in a highly contested election. Final results of the presidential election were only announced after all legal challenges had been settled. On September 5, 2006, the Elections Tribunal found that although business groups illegally interfered in the election, the effect of the interference was insufficient to warrant an annulment of the vote, and...
Individuals with Disabilities Education Act (IDEA): Discipline Provisions in P.L. 108-446
Under the Individuals with Disabilities Education Act (IDEA), a child with a disability is not immune from disciplinary procedures; however, these procedures are not identical to those for children without disabilities. If a child with a disability commits an action that would be subject to discipline, school personnel have several immediate options. A child with a disability who violates a code of student conduct may be removed from her current placement to another setting or suspension for up to 10 school days; the child may be placed in an interim alternative education setting for up to...
International Small Arms and Light Weapons Transfers: U.S. Policy
This report provides general background on U.S. policy regarding the international trade in small arms and light weapons (SA/LW). It outlines major questions associated with the international trade in these items, and reviews United States efforts to assist in controlling the illicit transfers of these items. This report will be revised as developments warrant.
D-Day: The French Jubilee of Liberty Medal
This report details the Jubilee of Liberty Medal awarded to U.S. veterans by the French government to commemorate the 50th anniversary of the invasion of Normandy by the Allied forces on June 6, 1994 (D-Day). These medals are no longer distributed by the French government. Included is information on how to obtain this medal from a commercial source and how U.S. veterans may obtain an official “Thank-You-America 1944-1945” certificate of participation from the French government. This report will be updated as needed.
In July of 2006 federal courts ruled that former Representative Tom DeLay, who had earlier won the Republican primary nomination for Congress from the 22nd District of Texas, could not have his name substituted on the general election ballot by the Republican party even if Mr. DeLay had changed his legal residence and voluntarily withdrew from the race. In Ohio, however, a different result ensued a month later when Representative Robert Ney, who had won the Republican party nomination in an earlier May primary, formally announced his withdrawal from the race on August 14, 2006, but was...
Military Technology and Conventional Weapons Export Controls: The Wassenaar Arrangement
This report provides background on the Wassenaar Arrangement, which was formally established in July 1996 as a multilateral arrangement aimed at controlling exports of conventional weapons and related dual-use goods and military technology. It is the successor to the expired Coordinating Committee for Multilateral Export Controls (COCOM). This report focuses on the current status, features, and issues raised by the establishment and functioning of the Wassenaar Arrangement. It will be updated only if warranted by notable events related to the Arrangement.
Cybercrime: The Council of Europe Convention
Forty-three countries, including the United States, have signed the Council of Europe’s Convention on Cybercrime of November 2001. The U.S. Senate ratified the Convention on August 3, 2006. The Convention seeks to better combat cybercrime by harmonizing national laws, improving investigative abilities, and boosting international cooperation. Supporters argue that the Convention will enhance deterrence, while critics counter it will have little effect without participation by countries in which cybercriminals operate freely. Others warn it will endanger privacy and civil liberties. This...
Tobacco-Related Programs and Activities of the U.S. Department of Agriculture: Operation and Cost
The U.S. Department of Agriculture (USDA) has long operated programs that directly assist farmers and others with the production and marketing of numerous crops, including tobacco. In most cases, the crops themselves have not been controversial. However, where tobacco is involved, the use of federal funds has been called into question. Taken together, all of the directly tobacco-related activities of the USDA generated net expenditures of an estimated $30.8 million in FY2006, and the budget anticipates net expenditures of $29.5 million for FY2007. Over 90% of this spending is related to...
Protection of Security-Related Information
The terrorist attacks of September 11 prompted a reevaluation of how to balance public access to information with the need for safety and security. The accumulation of confidential business information from owners and operators of the nation’s critical infrastructures, 85% of which is reportedly owned by the private sector, continues to be an important component of homeland security efforts. Critical infrastructure sectors have been defined to include information technology; telecommunications; chemicals; transportation systems; including mass transit, aviation, maritime, ground/surface,...
H.R. 4: The Pension Protection Act
This report discusses the Pension Protection Act (PPA) reforms and the funding rules for defined benefit pensions; requires employers to disclose more information about pension funding; restricts benefit payments and accruals in underfunded plans; and clarifies, prospectively, that cash balance pension plans do not violate legal prohibitions on age discrimination in employee benefits.
Revenue Feedback from the 2001-2004 Tax Cuts
An unexpected increase in revenues has led to a renewed discussion of the effect of the 2001-2004 tax cuts on the economy and the possible feedback effects on revenue. Some proponents of the tax cuts suggest that induced economic growth was large enough that taxes on the additional income more than offset the cost of the tax cuts, causing an increase rather than a decrease in revenues. Other observers doubt that economic growth was related to the tax cuts, or that it was large enough to significantly offset the cost of the cuts.
This report reviews available economic studies, theory, and...
Credit Rating Agencies: Current Federal Oversight and Congressional Concerns
Credit rating agencies rate the creditworthiness of public companies so that the public will have an objective opinion as to the risk of investment. These ratings have become an important component of the financial reputation of a rated company. However, especially since the bankruptcies of Enron and WorldCom, whose debt had been rated investment grade, there has been concern that perhaps credit rating agencies should be regulated. Section 702 of the Sarbanes-Oxley Act of 2002 required the Securities and Exchange Commission to study the role of credit rating agencies. Over the years, the...
The Individuals with Disabilities Education Act (IDEA): Mediation Provisions
Mediation is a flexible and informal process in which a third party assists individuals to resolve a conflict. The mediator is trained to facilitate discussions of each participant’s issues. The goal is to create an agreement that resolves differences and enhances the relationship between the disputants. The mediator, unlike a judge, does not make decisions regarding the outcome of the matter; rather, the participants make these decisions. The Individuals with Disabilities Education Act, IDEA, 20 U.S.C. §§1400 et seq., requires that mediation is to be voluntary but educational agencies...
Federal Aid to Libraries in the Museum and Library Services Act of 2003
Legislation reauthorizing the Library Services and Technology Act (LSTA) as Title II—Library Services and Technology, of the Museum and Library Services Act of 2003 (MLSA), was signed into law (P.L. 108-81) on September 25, 2003. The LSTA’s authorization had expired at the end of FY2002; however, funding was not interrupted.
Library Services and Technology (LST) is administered by the Institute of Museum and Library Services (IMLS). The IMLS contains an Office of Museum Services (OMS) and an Office of Library Services (OLS). Beginning in FY2003, the OMS and the OLS were combined in one...
Harvey v. Veneman and the National Organic Program: A Legal Analysis
The First Circuit’s ruling in Harvey v. Veneman brought much attention and uncertainty to the U.S. Department of Agriculture’s National Organic Program. In the case, Harvey alleged that multiple provisions of the National Organic Program Final Rule (Final Rule) were inconsistent with the Organic Foods Production Act of 1990 (OFPA). The First Circuit sided with Harvey on three counts, putting into question the use of synthetics and commercially unavailable organic agricultural products, as well as certain feeding practices for dairy herds converting to organic production. On remand, the...
In the 109th Congress, nearly identical bills have been introduced (S. 1155/H.R. 2470) that, if enacted, would establish a 12-member Commission on the Accountability and Review of Federal Agencies (CARFA). Subsequently, a modified version of the legislation was introduced (S. 3521, in Title IV, Subtitle B) that would establish a 15-member Commission on Congressional Budgetary Accountability and Review of Federal Agencies. In addition, a bill providing for one or more Federal Review Commissions was introduced (H.R. 5766) that contains provisions that are both similar to and different from...
November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November, 2004, against four persons declared eligible for trial, but proceedings were suspended after a federal district court found one of the defendants could not be tried under the rules established by the Department of Defense. The D.C. Circuit Court of Appeals reversed that decision, Rumsfeld v. Hamdan, but the Supreme Court granted review and reversed the decision of...
Even Start Family Literacy Programs: An Overview
The Even Start program provides education and related services jointly to parents lacking a high school diploma (or equivalent) and their young children. Even Start services include basic academic instruction and parenting skills training for the adults, and early childhood education for their children, along with necessary supplementary services such as child care or transportation. Generally, Even Start programs do not directly provide all of these services; rather, they establish networks of service providers, including Head Start programs and grantees under the Adult Education Act...
Department of Homeland Security Reorganization: The 2SR Initiative
The Department of Homeland Security (DHS) was mandated by the Homeland Security Act of 2002. The creation of DHS resulted in a reorganization of the executive branch on a scale not experienced since the establishment of the Department of Defense (DOD) half a century ago. Originally denominated the National Military Establishment at birth in 1947, DOD was given its current name and underwent the first of what would be a series of structural modifications through statutory amendments in 1949. A similarly complex organization, DHS was the product of legislative compromises, and it was...
An Overview of the Supreme Court’s Search and Seizure Decisions from the October 2005 Term
The Fourth Amendment to the United States Constitution provides that “[t]he right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Supreme Court has interpreted this language as imposing a presumptive warrant requirement on all searches and seizures predicated on governmental authority.
However, the Court has carved...
Disarming Libya: Weapons of Mass Destruction
On December 19, 2003, Libya announced it would dismantle its weapons of mass destruction (WMD) and ballistic missile programs. Since then, U.S., British, and international officials have inspected and removed or destroyed key components of those programs, and Libya has provided valuable information, particularly about foreign suppliers. Libya’s WMD disarmament has been a critical step towards reintegration into the world community. This report will be updated as needed. See CRS Report RL33142, Libya: Background and U.S. Relations, by Christopher M. Blanchard.
Federal Regional Authorities and Commissions: Their Function and Design
This report examines the legislative history and design structure of the nation’s four federally chartered regional commissions: the Appalachian Regional Commission (ARC), the Denali Commission (DC), the Delta Regional Authority (DRA), and the Northern Great Plains Regional Authority (NGPRA). For each of the four entities, this report includes a summary of the legislative history leading to its creation, its funding history, and a listing by state of political subdivisions included in its designated service areas. The report also identifies criteria a jurisdiction must meet in order to be...
The Postal Revenue Forgone Appropriation: Overview and Current Issues
When Congress put the U.S. Postal Service (USPS) on a self-sustaining basis in 1971, it continued to subsidize the mailing costs of such groups as the blind, non-profit organizations, local newspapers, and publishers of educational material, by providing an appropriation to USPS to cover the revenues that were given up, or “forgone,” in charging below-cost rates to these groups. Appropriations for these subsidies mounted as postage rates and the number of non-profits grew, approaching $1 billion annually in the mid-1980s. Successive administrations sought to cut these costs by reducing...
Electric Reliability: Options for Electric Transmission Infrastructure Improvements
The electric utility industry is inherently capital intensive. At the same time, the industry must operate under a changing and sometimes unpredictable regulatory system at both the federal and state level. The Energy Policy Act of 2005 has set in place government activities intended to relieve congestion on the transmission system. Several factors have contributed to the lack of new transmission capacity; these are outlined within this report. This report also discusses earlier pieces of energy legislation.
S. 852: The Fairness in Asbestos Injury Resolution (FAIR) Act of 2005
This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would largely remove asbestos claims from the courts in favor of the no-fault administrative process set out in the bill. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund. Companies that have previously been sued for asbestos-related injuries—and insurers of such companies—would be required to make contributions totaling roughly $140 billion to this Fund.
The Civil Works Program of the Army Corps of Engineers: A Primer
At the direction of Congress primarily through Water Resources Development Acts (WRDAs), the U.S. Army Corps of Engineers (an agency within the Department of Defense) undertakes water resources projects. The agency’s civil works mission has expanded beyond its original responsibility of improving and maintaining navigable channels; the mission now includes flood control, emergency and disaster response, environmental restoration, municipal water infrastructure, and other activities. The non-federal sponsors and the federal government (primarily through the annual Energy and Water...
Immigration Related Border Security Legislation in the 109th Congress
Border security is considered a central aspect of the United States’ overall homeland security. Securing the border involves controlling the official ports of entry (POE) through which legitimate travelers and commerce enter the country, as well as monitoring and patrolling the nation’s land and maritime borders to detect and interdict the entry of illegal persons and contraband. The Department of Homeland Security’s Bureau of Customs and Border Protection (CBP) is the lead federal agency charged with securing our nation’s borders at and between POE.
In the 109th Congress, there are a...
Credit Rating Agency Regulatory Reform: A Side-by-Side Comparison of H.R. 2990 and S. 3850
This report provides a side-by-side comparison of the H.R. 2990 and S. 3850 bills’ major provisions.
Selected Procedural Safeguards in Federal, Military, and International Courts
Declaring it necessary to bring to justice those responsible for the terrorist attacks on the United States of September 11, 2001, President Bush signed a Military Order (M.O.) authorizing the trial by military commission of certain non-citizens. The order directs the Secretary of Defense to establish the procedural rules for the operation of the military commissions convened pursuant to the M.O. The Department of Defense prepared regulations providing for procedures of military commissions, but these were invalidated by the Supreme Court in Hamdan v. Rumsfeld. The Bush Administration has...
On May 15, 2006, the U.S. Supreme Court decided S.D. Warren Co. v. Maine Board of Environmental Protection, unanimously holding that states, through water quality certification under Section 401 of the Clean Water Act, can impose conditions on Federal Energy Regulatory Commission licensing (or relicensing) of hydropower facilities. The Court may have taken the case, involving a technical issue of statutory construction, to indulge its continuing interest in questions of federal-state allocation of authority under federal environmental statutes and elsewhere. States and environmental groups...
Lebanon: The Israel-Hamas-Hezbollah Conflict
This report analyzes the conflict between Israel and two U.S. State Department-designated Foreign Terrorist Organizations (FTOs), the Lebanese Shiite Muslim group Hezbollah and the radical Palestinian Hamas organization. On July 12, 2006, what had been a localized conflict between Israel and Palestinian militants in the Gaza Strip instantly became a regional conflagration after Hezbollah captured two Israeli soldiers in a surprise attack along the Israeli-Lebanese border. Israel responded by carrying out air strikes against suspected Hezbollah targets in Lebanon, and Hezbollah countered...
Proliferation Security Initiative (PSI)
The Proliferation Security Initiative (PSI) is now three years old. Initially, 11 nations pledged their cooperation in interdicting shipments of weapons of mass destruction-related (WMD) materials; more than 70 nations now support PSI. Many observers believe PSI’s “strengthened political commitment of like-minded states to follow through” is a successful approach to countering proliferation, although details about PSI are sketchy. The 109th Congress has introduced eight bills supporting PSI. The State Department credits PSI with halting 11 WMD-related transfers from 2004 to 2005, and more...
Native American Issues in the 109th Congress
Native American issues before Congress are numerous and diverse, covering such areas as federal recognition of tribes, trust land acquisition, gambling regulation, education, jails, economic development, welfare reform, homeland security, tribal jurisdiction, highway construction, taxation, and many more. This report focuses on four Native American issues currently of great salience before Congress: health care, energy, trust fund management reform, and Native Hawaiian recognition. This report will be updated as developments warrant.
Provisions in the Pension Protection Act Affecting Tax-Exempt Organizations
Title XII of the Pension Protection Act of 2006 (H.R. 4) contains a variety of provisions affecting tax-exempt organizations. They include charitable giving incentives for such things as conservation easements, food and book inventory, and charitable distributions from IRAs. The Title also contains provisions relating to oversight, such as tightening the rules for donations of facade easements. It also deals with some specific types of organizations, including credit counseling organizations, donor advised funds, and supporting organizations. President Bush signed the Act into law, P.L....
In an attempt to expand oversight of federal spending, including earmarks, S. 2590 would provide the public with access to an online database containing information about entities that are awarded federal grants, loans, and contracts. This report summarizes S. 2590, compares it to H.R. 5060, and outlines the arguments in favor of the bill and those critical of it. The final section discusses the implications of using the Federal Assistance Award Data System (FAADS) and the Federal Procurement Data System (FPDS) to populate the bill’s proposed database.
Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States
This is a comparison of the laws of the United Kingdom and of the United States that govern criminal and intelligence investigations of terrorist activities. Both systems rely upon a series of statutory authorizations: in the case of the United States primarily the Foreign Intelligence Surveillance Act and the Electronic Communications Privacy Act; in the case of the United Kingdom, the Regulation of Investigatory Powers Act, the Police Act, the Intelligence Services Act. Among other differences, the U.S. procedures rely more heavily upon judicial involvement and supervision, while those...
Average Effective Corporate Tax Rates: 1959 to 2005
This report examines average effective corporate tax rates of domestic nonfinancial corporations. Generally, the average effective corporate tax rate is total corporate tax receipts divided by corporate profits.
Coast Guard Deepwater Program: Background and Issues for Congress
The Coast Guard’s FY2007 budget requests $934.431 million for the Deepwater acquisition program. The House-reported version of H.R. 5441, the FY2007 Department of Homeland Security (DHS) appropriations bill, recommends $892.64 million for the Deepwater program; the Senate-reported version recommends $993.631 million.
Cuba’s Future Political Scenarios and U.S. Policy Approaches
Cuba has remained a hard-line communist state under Fidel Castro for more than 47 years, but Fidel’s July 31, 2006 announcement that he was ceding political power to his brother Raúl for several weeks in order to recover from surgery could be the beginning of a political transition. Over the past few years, there has been increased speculation about Cuba’s future without Fidel, who turned 80 on August 13, 2006. While previous predictions about Fidel’s imminent demise proved premature, his recent surgery and advanced age make the date of his permanent departure from the political scene all...
Potential Military Use of Airships and Aerostats
The Department of Defense (DOD) has a history of using lighter-than-air (LTA) platforms. Aerostats have recently been fielded to protect deployed U.S. troops. Contemporary interest is growing in using airships for numerous missions. This report examines the various concepts being considered and describes the issues for Congress. This report will be updated as events warrant.
Federal Counter-Terrorism Training: Issues for Congressional Oversight
Federal counter-terrorism training programs are varied and are provided by numerous federal agencies and departments. Some of these departments and agencies include the Departments of Defense (DOD), Energy (DOE), Homeland Security (DHS), Health and Human Services (HHS), Justice (DOJ), Transportation (DOT), and the Environmental Protection Agency (EPA). Each department and agency provides specific counter-terrorism training targeted to given categories of recipients. Training recipients include federal, state, and local government personnel, emergency responders, and private and public...
U.S. Policy Regarding the International Criminal Court (ICC)
One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers’ Protection Act (ASPA), which limits U.S. government support and assistance to the ICC; curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in United Nations (U.N.) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use “all means necessary and appropriate to bring about the...
Commemorative Observances: A Chronological List
Historically, national commemorative observances were often recommended by Congress through the legislative process. This practice was for the most part discontinued by the House of Representatives in January 1995, although the Senate continues to issue sense of the Senate resolutions recommending for special observances to be designated by a proclamation issued by the President. This report is a chronological list of proclamations for the years 2004 through early 2006, indicating the proclamation number and its Federal Register citation.
Negotiated rulemaking, which is a supplement to traditional rulemaking, is a process in which representatives of federal agencies and affected parties work together in a committee to reach consensus on what can ultimately become a proposed rule. Although negotiated rulemaking is not appropriate for all regulations, advocates believe that the approach can speed rule development, reduce litigation, and generate more creative and effective regulatory solutions.
The Negotiated Rulemaking Act of 1990 established the basic statutory authority for the approach while giving agencies wide latitude...
Legal Developments in International Civil Aviation
Much of the law regarding civil aviation has been developed through a combination of domestic laws and international agreements between the United States and other nations. In 1992, the United States Department of Transportation (DOT) introduced the “Open Skies” initiative and began negotiating and entering into modern civil aviation agreements with foreign countries, as well as individual members of the European Union (EU). As a result of a 2002 European Court of Justice ruling that several portions of these “Open Skies” Agreements violated EU law, the United States and the EU have been...
A strain of the avian influenza virus known as H5N1 threatens to develop into a human pandemic. First appearing in birds and humans in Hong Kong in 1997, the virus re-surfaced in late 2003 and since has spread throughout Asia, causing over 100 reported human deaths from Vietnam to Turkey and appearing in birds in Africa and Europe. The strain is considered particularly dangerous because of its human fatality rate to date of over 50% and because of the risk that the virus may develop the ability to pass efficiently between humans.
This report focuses on the efforts of overseas governments...
Capital Punishment: Supreme Court Decisions of the 2005-2006 Term
During the 2005-2006 Term, the Supreme Court gave favorable decisions to the defendants in three out of the six death penalty cases it announced. In Hill v. McDonough, the Court ruled unanimously that the method-of-lethal injection claims can be brought under 42 U.S.C. § 1983 rather than under the habeas corpus statute (28 U.S.C. §2254). In House v. Bell, a case involving a death row inmate who claimed that DNA evidence proved he did not commit the crime for which he was found guilty, the Court found in a 5 -3 ruling that the petitioner had satisfied the “gateway” standard for habeas...
Career and Technical Education: Selected Changes Made by P.L. 109-270
The federal government currently provides support for career and technical education through the Carl D. Perkins Vocational and Technical Education Act of 1998 (Perkins III; P.L. 105-332). The act authorized funding for vocational and technical education through FY2003, although the Congress continued to provide funding under the act through FY2006. The 109th Congress has reauthorized the Perkins Act. On August 12, 2006, the Carl D. Perkins Career and Technical Education Improvement Act of 2006 was signed into law (Perkins IV; P.L. 109-270).
While many aspects of the Perkins Act remain...
Long-Term Measures of Fiscal Imbalance
Short-term budget estimates, while critical for program administration and congressional spending decisions, provide a partial and potentially misleading impression of the federal government’s fiscal situation. On the other hand, long-term measures have their own limitations. On the positive side, they indicate the magnitude of long-term budget imbalances resulting from the gap between future federal tax revenues and the costs of providing retirement and health care for the baby-boom generation. However, long-term projections are subject to substantial uncertainties for two reasons. First,...
Emergency Supplemental Appropriations for Hurricane Katrina Relief
This CRS report summarizes federal disaster assistance funding legislation in the 109th Congress and presents some information on federal expenditures and obligations for disaster recovery activities.
Cuba and the State Sponsors of Terrorism List
Cuba was first added to the State Department’s list of states sponsoring international terrorism in 1982, pursuant to Section 6(j) of the Export Administration Act of 1979 (P.L. 96-72). At the time, numerous U.S. government reports and statements under the Reagan Administration alleged Cuba’s ties to international terrorism and its support for terrorist groups in Latin America. Cuba had a history of supporting revolutionary movements and governments in Latin America and Africa, but in 1992 Fidel Castro stressed that his country’s support for insurgents abroad was a thing of the past....
The Persian Gulf States: Issues for U.S. Policy, 2006
The U.S.-led war to overthrow Saddam Hussein virtually ended Iraq’s ability to militarily threaten the region, but it has produced new and un-anticipated security challenges for the Persian Gulf states (Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, and the United Arab Emirates). The Gulf states, which are all led by Sunni Muslim regimes, fear that Shiite Iran is unchecked now that Iraq is strategically weak. The Gulf states strongly resent that pro-Iranian Shiite Muslim groups and their Kurdish allies (who are not Arabs) have obtained preponderant power within Iraq. This has led most of the...
Technology Assessment in Congress: History and Legislative Options
Congress created the Office of Technology Assessment (OTA) in 1972, P.L. 92-484, and terminated its funding in 1995. The pros and cons of reviving OTA or re-creating a similar body have been examined. Since 2002, at congressional direction, the Government Accountability Office (GAO) has conducted several pilot technology assessments. Legislation was proposed during the 108th Congress to restore OTA’s funding; to create an entity to conduct assessments for Congress; to conduct technology assessments in GAO; and to create a technology assessment capability in GAO or under its direction. In...
Navy Littoral Combat Ship (LCS): Background and Issues for Congress
The Navy's proposed FY2007 budget requests $521 million to procure two Littoral Combat Ships (LCSs). The House-reported version of the FY2007 defense appropriations bill recommends approval of this request. The Senate-reported version recommends funding one LCS in FY2007 and rescinding funding for one of the three LCSs procured in FY2006. For a longer discussion of the LCS program, see CRS Report RL32109, Navy DDG-1000 (DD(X)), CG(X), and LCS Ship Acquisition Programs: Oversight Issues and Options for Congress, by Ronald O'Rourke.
Parents’ Work and Family Economic Well-Being
Family and work structure most Americans’ lives. Work provides the principal means by which most families support themselves, and public policies directed at low-income families with children have generally attempted to encourage and support work. Family structure also has been a focus of public policy because an increasing number of children live with a single parent, and poverty rates for such children are much higher than for those in married-couple families. Families with children, regardless of marital status, are at greater risk of poverty, with child poverty rates higher than those...
Life Expectancy in the United States
As a result of falling age-specific mortality, life expectancy rose dramatically in the United States over the past century. Final data for 2003 (the most recent available) show that life expectancy at birth for the total population has reached an all-time American high level, 77.5 years, up from 49.2 years at the turn of the 20th century. Record-high life expectancies were found for white females (80.5 years) and black females (76.1 years), as well as for white males (75.3 years) and black males (69.0 years). Life expectancy gaps between males and females and between whites and blacks...
On May 3, 2006, the home of a Department of Veterans Affairs (VA) data analyst was burglarized, resulting in the theft of a laptop computer and an external data storage device that was reported to contain personal information on more than 26 million veterans and United States military personnel. The VA Secretary testified that he was not informed of the incident until May 16, 2006, almost two weeks after the data had been stolen. VA publicly announced the theft on May 22. On June 29, VA announced that the stolen laptop computer and external hard drive had been recovered intact and that,...
Energy Efficiency and Renewable Energy Legislation in the 109th Congress
This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 ( P.L. 109-58 ), H.R. 3 ( P.L. 109-59 ), and several appropriations bills. The enacted version of the Energy Policy Act of 2005 ( P.L. 109-58 , H.R. 6 ) authorizes or reauthorizes several energy efficiency and renewable energy programs. It also establishes several new commercial and consumer product efficiency standards, sets new goals...
U.S. Conventional Forces and Nuclear Deterrence: A China Case Study
Congress and the Department of Defense (DOD) are engaged in an extended discourse over the future direction of U.S. defense strategy and military force structure. In the past, these discussions have focused almost exclusively on questions related to U.S. conventional military forces, with discussions about nuclear weapons held in separate fora. However, the 2005 Quadrennial Defense Review (QDR) examined both nuclear and conventional forces, a first in the QDR's history. This indicates that analysts both inside and outside government are beginning to review and assess the potential...
In 1999, the “Falun Gong” movement gave rise to the largest and most protracted public demonstrations in China since the democracy movement of a decade earlier. The People’s Republic of China (PRC) government, fearful of a political challenge and the spread of social unrest, outlawed Falun Gong and carried out an intensive, comprehensive, and unforgiving campaign against the movement. Since 2003, Falun Gong has been largely suppressed or pushed deep underground in China while it has thrived in overseas Chinese communities and Hong Kong. The spiritual exercise group has become highly...
This report discusses Burlington Northern and Santa Fe Railway Co. v. White, a recent case in which the Supreme Court considered the scope of the retaliation provision under Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Specifically, the Court held that the retaliation provision, which bars employers from retaliating against employees who complain of discrimination, is not limited only to activity that affects the terms and conditions of employment, but rather covers a broader range of actions...
Energy Efficiency Policy: Budget, Electricity Conservation, and Fuel Conservation Issues
Energy efficiency issues include research and development (R&D) priorities, funding for climate-related efficiency programs, implementation of equipment efficiency standards, regulation of vehicle fuel efficiency, and electricity industry ratemaking for energy efficiency profitability. The Bush Administration has proposed an Advanced Energy Initiative (AEI) to accelerate hydrogen programs. For the Department of Energy’s (DOE’s) energy efficiency R&D programs, the Administration seeks $484.7 million, with increases for Hydrogen and Hybrid/Electric Propulsion. The request would cut $74.8...
Legal Constraints Potentially Affecting Medication Recycling
In recent years, the rising costs of prescription drugs have motivated various policymakers to implement cost-saving measures. In some cases, states have pursued programs to collect and redistribute unused medications that would otherwise be discarded. However, the ability to implement these so-called drug recycling programs may be constrained by federal or state law or both. For example, medications classified as controlled substances are regulated by the Controlled Substances Act (CSA). Furthermore, drugs that require prescriptions, as many controlled substances do, are regulated by the...
TANF: A Guide to the New Definitions of What Counts as Work Participation
The Deficit Reduction Act of 2005 (DRA, P.L. 109-171) included changes to work participation standards under the Temporary Assistance for Needy Families (TANF) block grant that seek to increase the share of the cash welfare caseload engaged in work or job preparation activities. The law also required the Department of Health and Human Services (HHS) to issue regulations defining TANF work activities to ensure a consistent measurement of work activity across states. Highlights of the regulations (published June 29, 2006) include requiring all activities to be supervised (many on a daily...
The Office for Grants and Training, within the Department of Homeland Security, is responsible for directing and supervising federal terrorism preparedness grants for states and localities. Prior to FY2005, the Office for Domestic Preparedness, now renamed the Office for Grants and Training, offered that assistance through six separate grant programs. Some state and local officials, however, criticized the fragmentation of homeland security assistance and recommended streamlining the grant process. Subsequently, the Office for Domestic Preparedness recommended and—pursuant to Section 872...
State and Local Homeland Security: Unresolved Issues for the 109th Congress
Arguably, the three most important homeland security public laws enacted following the terrorist attacks on September 2001 are: P.L. 107-56, “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act)”; P.L. 107-296, “Homeland Security Act of 2002”; and P.L. 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004.” The PATRIOT Act focused on enhancing domestic security through anti-terrorism measures, specifically, law enforcement and legal responses to terrorism. The Homeland Security Act established the...
FY2005 Appropriations for First Responder Preparedness: Issues and Analysis
Conference report H.Rept. 108-774, accompanying H.R. 4567, appropriated roughly $3.6 billion to first responder grant programs. This was $229 million more than requested by the Administration, $145 million more than proposed by the Senate in S. 2537; however, it was $70 million less than proposed by the House in H.R. 4567.
The only new program funded was $25 million appropriated for securing non-governmental organizations (as defined by sec. 501(c)(3) of the Internal Revenue Code of 1986) from terrorist attacks. Additionally, the conference report stated that the State Homeland Security...
Slamming: The Unauthorized Change of a Consumer’s Telephone Service Provider
Changing a consumer’s telephone service provider without his/her knowledge or consent is known as “slamming.” This unauthorized change can occur for several reasons ranging from computer or human error to unscrupulous or illegal marketing practices. Regardless of the reason, slamming has a negative impact on both consumers and suppliers of telecommunications services. Despite existing regulations to prevent such practices and the overall condemnation of such activities, slamming continues to be a consumer concern. According to data released by the Federal Communications Commission (FCC) in...
This report provides background information about the establishment and evolution of federal emergency management and related homeland security organization since 1950. Post-Katrina assessments of current arrangements by Congress and the White House are also discussed. Finally, the report provides a brief summary of related legislation that had been introduced as of July 17, 2006.
Climate Change: The European Union's Emissions Trading System (EU-ETS)
The European Union's (EU's) Emissions Trading System (ETS) is a cornerstone of the EU's efforts to meet its obligation under the Kyoto Protocol. It covers more than 11,500 energy intensive facilities across the 25 EU member countries, including oil refineries, powerplants over 20 megawatts (MW) in capacity, coke ovens, and iron and steel plants, along with cement, glass, lime, brick, ceramics, and pulp and paper installations. Covered entities emit about 45% of the EU's carbon dioxide emissions. The trading program does not cover emissions of non-CO2 greenhouse gases, which account for...
The report of an Illinois Special State’s Attorney, appointed to investigate allegations of police brutality committed against certain detainees during the early 1980s, concluded that in three instances indictable aggravated battery, perjury, and obstruction of justice had occurred, but that the 3-year Illinois statute of limitations barred prosecution. Media accounts, however, have suggested the possibility of federal prosecution.
Statements found in the report implicate, at a minimum, federal statutes outlawing civil rights violations, perjury, false statements, obstructions of justice,...
The Compassion Capital Fund: Brief Facts and Current Developments
The Compassion Capital Fund (CCF) was created in 2002 appropriations law (P.L. 107-116) and has since been operated under the authority of annual appropriations acts and the research/demonstration project authority contained in section 1110 of the Social Security Act. It is intended to help build service capacity and skills among faith- and community-based organizations serving those in need, and encourage replication of effective service approaches—it does not pay for direct services. Through FY2005, the CCF has spent some $167 million: (1) $124.5 million in matching grants to experienced...
Export-Import Bank: Reauthorization
This report discusses the ongoing debate regarding the Export-Import Bank of the United States, a federal government corporation which is the the official export credit agency (ECA) of the U.S. Government.
Renewable Energy Policy: Tax Credit, Budget, and Regulatory Issues
High gasoline and natural gas prices have rekindled interest in the role that renewable energy may play in producing electricity, displacing fossil fuel use, and curbing demand for power transmission equipment. Also, worldwide emphasis on environmental problems of air and water pollution and global climate change, the related development of clean-energy technologies in western Europe and Japan, and technology competitiveness may remain important influences on renewable energy policymaking.
The Bush Administration’s FY2007 budget request for the Department of Energy’s (DOE’s) Renewable...
FY2003 and FY2004 State Allocations for Selected Homeland Security Assistance Programs
The Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) provide assistance programs to state and local first responders and public health officials to prepare for, respond to, and recover from terrorist attacks, including weapons of mass destruction (WMD) incidents. Most of the programs provide assistance funding to states, which in turn allocate funding to localities. Some programs, however, provide assistance directly to localities. Programs of this type include the Assistance to Firefighters Program (FIRE) and the Urban Area Security Initiative...
This report provides a chronology of selected events leading up to and following the discoveries of bovine spongiform encephalopathy (BSE, or "mad cow disease") in North America. These are primarily regulatory, legal, and congressional developments that are frequently referenced in the ongoing policy debate. The chronology generally does not contain entries for the introduction of the many BSE-related bills introduced into this or previous Congresses, except for those in recent years where committee or floor action has occurred. This report, which will be updated if...
European Trade Retaliation: The FSC-ETI Case
Foreign Sales Corporations (FSCs) are subsidiaries of U.S. companies that conduct export sales on the behalf of their parents and the ETI is a successor tax regime. The FSC law initially was found to be inconsistent with U.S. WTO obligations in early 2000. Following the ruling, Congress passed the replacement ETI tax provision, but this law was also found inconsistent with WTO obligations in 2002. Subsequently, the WTO authorized the EU to retaliate in the absence of U.S. compliance, and the EU began imposing escalating retaliatory duties (starting at 5%) on $4 billion of U.S. exports on...
The focus of this report is on proposed amendments to the Toxic Substances Control Act (TSCA).
Sunset and Program Review Commission Bills in the 109th Congress: Comparing H.R. 3282 and H.R. 5766
The sunset concept provides for programs and agencies to terminate automatically on a predetermined schedule, following a systematic evaluation of past performance, unless explicitly renewed by law. In each Congress since the 105th, bills to create a federal sunset commission modeled on the sunset commission in Texas have been introduced by Representative Kevin Brady, including H.R. 3282 in the 109th Congress. President Bush supports creation of a federal sunset commission. In May 2006 the House leadership announced plans to bring sunset legislation quickly to the House floor, along...
State Investment Tax Credits, the Commerce Clause, and DaimlerChrysler v. Cuno
In 2005, the Sixth Circuit Court of Appeals held in Cuno v. DaimlerChrsyler that Ohio’s investment tax credit violated the Commerce Clause of the U.S. Constitution. The case received significant attention because most states have similar credits. In 2006, the Supreme Court held that the Cuno plaintiffs lacked standing to challenge the credit in federal court. Because the Supreme Court based its decision on the issue of standing, it did not address whether the credit violated the Commerce Clause. Introduced prior to the Supreme Court’s decision, the Economic Development Act of 2005 (H.R....
European Approaches to Homeland Security and Counterterrorism
The September 11, 2001 terrorist attacks on the United States and the subsequent attacks on European countries such as the United Kingdom and Spain have prompted both sides of the Atlantic to reinvigorate their respective efforts to ensure homeland security and combat terrorism. However, U.S. and European approaches to these issues differ. While the United States has embarked on a wholesale reorganization of its domestic security and border protection institutions, European countries have largely preferred to work within their existing institutional architectures to combat terrorism and...
FY2004 Appropriations for First Responder Preparedness: Fact Sheet
This report provides an overview of FY2004 appropriations for state and local terrorism preparedness. Preparedness may be defined as enhancing a state or local government’s capability to respond effectively to a terrorist attack, particularly one involving a weapon of mass destruction (WMD).
Financial Services Regulatory Relief in the 109th Congress: H.R. 3505 and S. 2856
This report gives an overview of the major regulatory relief provisions in H.R. 3505 and S. 2856, focusing on their potential impact on bank concentration. The report examines both bills’ provisions to assess whether they are likely to support or discourage bank consolidation. The consolidation of the banking industry arguably reduces competition, which could tend to raise the price of banking services. On the other hand, there is empirical evidence that shows economies of scale in banking, including economies in complying with banking regulations, suggesting larger banks might be able to...
Everglades Restoration: Modified Water Deliveries Project
The Modified Water Deliveries Project (Mod Waters) is a controversial ecological restoration project in south Florida designed to improve water delivery to Everglades National Park. The implementation schedule of Mod Waters is of interest to Congress partly because its completion is required before the implementation of portions of the Comprehensive Everglades Restoration Plan. Concerns have been raised in hearings on the Administration’s FY2007 budget request regarding the cost of implementing the project, project delays, and the U.S. Army Corps of Engineers’ role in funding the project....
A Sunset Commission for the Federal Government: Recent Developments
The sunset concept provides for programs and agencies to terminate automatically on a periodic basis unless explicitly renewed by law. In the last ten years, bills to create a federal sunset commission, modeled on the sunset review process in Texas, have been introduced in each Congress. President Bush called for creation of a federal sunset commission in his FY2006 budget submission. This report discusses this issue and relevant pieces of legislation.
Agriculture in the U.S.-Dominican Republic-Central American Free Trade Agreement (DR-CAFTA)
On August 2, 2005, President Bush signed into law the bill to implement the Dominican Republic-Central American Free Trade Agreement, or DR-CAFTA ( P.L. 109-53 , H.R. 3045 ). Drawing much attention during congressional debate were the agreement's sugar provisions to allow additional sugar from the region to enter the U.S. market. To assuage concerns expressed by some Members, the Administration pledged prior to Senate passage to take steps to ensure that all sugar imports, including those under DR-CAFTA, do not exceed a "trigger" that could undermine the U.S. Department of Agriculture's...
In December 2005, an investigation by Seoul National University, South Korea, found that scientist Hwang Woo Suk had fabricated results on deriving patient-matched stem cells from cloned embryos—a major setback for the field. In May 2005 Hwang had announced a significant advance in creating human embryos using cloning methods and in isolating human stem cells from cloned embryos. These developments have contributed to the debate in the 109th Congress on the moral and ethical implications of human cloning. Scientists in other labs, including Harvard University and the University of...
The Constitutionality of Including the Phrase "Under God" in the Pledge of Allegiance
On June 26, 2002, a three-judge panel of the Ninth Circuit had held that the 1954 federal statute that added the words "under God" to the Pledge of Allegiance violates the Establishment Clause of the First Amendment. The panel also held that a California school district policy requiring teachers to lead willing school children in reciting the Pledge each school day violates the Establishment Clause. A modification issued on February 28, 2003, eliminated the holding regarding the federal statute but retained the ruling holding that the California statute coerces children into participating...
Intelligence Reform at the Department of Energy: Policy Issues and Organizational Alternatives
Concerned by reported security and counterintelligence (CI) lapses at the Department of Energy (DOE), Congress in 1999 established a semi-autonomous agency -- the National Nuclear Security Administration (NNSA) -- to oversee DOE's national security-related programs. Within NNSA, Congress established the Office of Defense Nuclear Counterintelligence to implement NNSA's counterintelligence program. Although DOE's existing Office of Counterintelligence develops CI policy for both agencies, it implements policy only at non-NNSA facilities. Some studies have questioned the effectiveness of a...
China, the United States and the IMF: Negotiating Exchange Rate Adjustment
In recent years, the United States and other countries have expressed considerable concern that China's national currency (the yuan or renminbi) is seriously undervalued. Some analysts say the yuan needs to rise by as much as 40% in order to reflect its equilibrium value. Critics say that China's undervalued currency provides it with an unfair trade advantage that has seriously injured the manufacturing sector in the United States. Chinese officials counter that they have not pegged the yuan to the dollar in order to gain trade advantages. Rather, they say the fixed rate promotes economic...
Medical Malpractice: The Role of Patient Safety Initiatives
Medical malpractice and malpractice insurance continue to be issues of great concern to physicians, consumers, legislators, and others. Most of the discussion about rising malpractice insurance premiums has centered on limiting the damage awards in malpractice suits, though some attention also has been given to insurance reforms. A third, related area that has received less consideration in malpractice discussions is patient safety. Patient safety refers to the panoply of rules, practices, and systems related to the prevention of medical injury. Intrinsic to patient safety efforts...
Hudson v. Michigan: The Exclusionary Rule's Applicability to "Knock-and-Announce" Violations
Since the 1980s, the United States Supreme Court has issued a series of decisions narrowing the applicability of the exclusionary rule. As such, the exclusionary rule is inapplicable in civil cases, grand jury proceedings, and parole revocation hearings. Other exceptions to the exclusionary rule include inevitable or independent discovery, attenuation, and the good-faith exception. In Hudson v. Michigan , 126 S.Ct. 2159 (2006), the Court further narrowed the applicability of the exclusionary rule by finding that the rule was not an appropriate remedy when police officers fail to wait a...
S. 3521, the Stop Over Spending Act of 2006: A Brief Summary
S. 3521, the Stop Over Spending Act of 2006, proposes several changes to the congressional budget process. This report provides a brief summary of the major provisions of S. 3521.
Chapter 15 of the U.S. Bankruptcy Code: Ancillary and Cross-Border Cases
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 added chapter 15 to the U.S. Bankruptcy Code. Chapter 15 implements the United Nations Commission on International Trade and Investment’s Model Law on Cross-Border Insolvency. In so doing, chapter 15 (1) retains the Code’s focus on the role of the foreign representative, initially introduced in 1978; (2) clarifies procedural cooperation between U.S. and foreign courts; and (3) promotes comity and reciprocity, wherever possible, with respect to the interpretation and application of substantive law. Chapter 15 applies to...
Banning Fissile Material Production for Nuclear Weapons: Prospects for a Treaty (FMCT)
On May 18, 2006, the United States proposed a draft Fissile Material Cutoff Treaty (FMCT) at the Conference on Disarmament (CD) in Geneva. The U.S. draft treaty, would enter into force with only the five established nuclear weapon states. It would ban new production of plutonium and highly enriched uranium for use in nuclear weapons for 15 years; could be extended only by consensus of the parties; would allow high-enriched uranium production for naval fuel; and contains no provisions for verification other than national technical means. The next step is for the CD to adopt a negotiating...
Child Nutrition and WIC Legislation in the 108th and 109th Congresses
Child nutrition programs (e.g., school meal programs, summer food service, child care food programs) and the Special Supplemental Nutrition Program for Women, Infants, and Children (the WIC Program) are subject to periodic comprehensive reviews, when appropriations and other authorities expire and have to be reauthorized. They were up for reauthorization review in the 108th Congress, and the only substantial child nutrition-WIC legislation in the 108th Congress, and so far in the 109th Congress, has been the 2004 reauthorization law -- the Child Nutrition and WIC Reauthorization Act of...
The Advisory Panel’s Tax Reform Proposals
In November 2005, the President’s Advisory Panel on Tax Reform presented two potential reform proposals: a simplified income tax (SIT) and a direct consumption tax proposal (the growth and investment tax, or GIT). Both proposals would eliminate itemized deductions while allowing, for all taxpayers, a credit for mortgage interest deductions and deductions for charitable contributions and health insurance. Both proposals substitute credits for personal exemptions and standard deductions. Both would allow greatly expanded tax-preferred savings plans. SIT would eliminate taxes on dividends and...
Peru: 2006 Elections and Issues for Congress
Former President Alan Garcia continued his political comeback by being elected President on June 4, 2006, defeating populist Ollanta Humala. Not only the winning candidate will have an impact on U.S. relations with Peru: lacking a majority in the newly-elected Congress, Garcia will have to negotiate with the other parties to pass his program. Garcia generally favors free market policies. Humala campaigned on an anti-globalization platform; his alliance won the largest bloc in the legislature but is splintering before the legislators are even sworn in. Municipal and regional elections will...
Charitable Choice Rules and Faith-Based Organizations
President Bush's Administration has advanced a "Charitable Choice" agenda aimed at expanding the ability of faith-based organizations to provide federally funded social services and encouraging states to do likewise. Charitable Choice rules are intended to ensure that faith-based organizations participate more fully in federally funded social service programs and offer services without abandoning their religious character or infringing on the religious freedom of applicant/recipients. They deal with issues such as faith-based organizations' ability to remain independent of governmental...
Legislative Approaches to Chemical Facility Security
Federal officials, policy analysts, and homeland security experts express concern about the current state of chemical facility security. Some security experts fear these facilities are at risk of a potentially catastrophic terrorist attack. The Department of Homeland Security identifies chemical facilities as one of the highest priority critical infrastructure sectors. Current chemical plant or chemical facility security efforts include a mixture of local, state, and federal laws, industry trade association requirements, voluntary actions, and federal outreach programs. Many in the...
Child Nutrition and WIC Programs: Background and Recent Funding
Federally supported child nutrition programs/initiatives and the Special Supplemental Nutrition Program for Women, Infants, and Children (the WIC program) reach more than 39 million children and 2 million lower-income pregnant/ postpartum women. In FY2006, spending on them is anticipated to be $18.4 billion, supported by new appropriations of a lesser amount ($17.9 billion). The Administration's FY2007 budget request envisions spending a total of $19.1 billion, with new appropriations of $18.8 billion. For FY2007, the House and Senate appropriations bills ( H.R. 5384 ) call for ...
The Supreme Court Takes a Global Warming Case: Commonwealth of Massachusetts v. EPA
On June 26, 2006, the Supreme Court agreed to review Commonwealth of Massachusetts v. EPA, a global warming-related case. In the decision below, the D.C. Circuit rejected 2-1 a challenge to EPA’s denial of a petition under the Clean Air Act requesting the agency to limit four pollutants emitted by new motor vehicles, owing to their alleged contribution to global warming. In resolving the case, the Court might address, among other things, Article III standing doctrine; whether the Clean Air Act reaches the global warming impacts of motor vehicle emissions; and the latitude allowed an agency...
Satellite Digital Audio Radio Services and Copyright Law Issues
Satellite radio services such as XM and SIRIUS provide high-quality digital audio programming to millions of subscribers who pay a monthly fee to enjoy listening to a wider variety of entertainment and news than traditional terrestrial (AM and FM) radio stations offer, including many genres of music, sports broadcasts, and talk radio. However, partly because of the digital nature of satellite radio broadcasts, when satellite radio providers transmit copyrighted content to their customers, several legal issues potentially arise that may not be present in terrestrial radio...
A Changing Natural Rate of Unemployment: Policy Issues
A concept that is fundamental to understanding the economy is that there is an equilibrium, market-clearing rate of unemployment determined by labor market characteristics, policy, and conditions. This rate of unemployment is referred to as the "natural rate" or "full employment rate" of unemployment or the NAIRU (non-accelerating inflation rate of unemployment). Although expansionary fiscal or monetary policy might be able to temporarily push unemployment below the natural rate in exchange for higher inflation, eventually actual unemployment would rise back to the natural rate without...
Peacekeeping and Related Stability Operations: Proposals for Army Force Structure Changes
The U.S. Army is in the midst of an extensive overhaul of the organization of its forces. Although designed to make the Army more efficient in combat operations, the change to a "modular force" and the reallocation of functions between active and reserve forces also meet some of the criteria that have long been argued as necessary to enable the Army to better perform peacekeeping and related post-conflict operations, now generally referred to as stabilization or stability operations. Over the years, a number of different proposals have been advanced, some of which involve...
Arctic National Wildlife Refuge (ANWR): Controversies for the 109th Congress
One part of the energy debate is whether to approve energy development in the Arctic National Wildlife Refuge (ANWR) in northeastern Alaska, and if so, under what conditions, or whether to continue to prohibit development to protect the area's biological, recreational, and subsistence values. ANWR is rich in fauna, flora, and oil potential. Its development has been debated for over 40 years, but sharp increases in energy prices from late 2000 to early 2001, terrorist attacks, more price increases in 2004-2006, and energy infrastructure damage from hurricanes have intensified debate. Few...
The annual U.S.-EU Summit, attended by President Bush and Secretary of State Rice, was held on June 21, 2006, in Vienna, Austria. The Summit highlighted the continued improvement in transatlantic relations by reporting on examples of how the partnership has continued to work since the debate over Iraq policy. Foreign policy and economic issues dominated the discussions. Two new agreements were signed regarding the Enforcement of Intellectual Property Rights against piracy and counterfeiting and a Higher Education and Vocational Training program. An expansion of existing cooperation on...
Civil RICO and Standing: Anza v. Ideal Steel Supply Corporation
The federal Racketeer Influenced and Corrupt Organization (RICO) provision creates a civil cause of action for any person or entity injured in their business or property by reason of a RICO violation. In Anza v. Ideal Steel Supply Corporatio n, the Supreme Court relied on Holmes v. Securities Investor Protection Corporation and held that to establish standing under this civil RICO provision, a plaintiff must demonstrate that he or she was the direct victim of the defendant's RICO violation, e.g., a business may not sue a competitor that may have gained a competitive advantage by...
The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act) updated 17 U.S.C. Section 110(2), the first distance education exemption under copyright law, to permit accredited nonprofit institutions to transmit copyrighted works during distance education programs without having to obtain the prior permission of the copyright holder, under certain limited conditions and in accordance with specified statutory procedures. This report provides a summary and analysis of the provisions of the TEACH Act, including an explanation of the types of works exempted for distance...
Territorial Delegates to the U.S. Congress: Current Issues and Historical Background
Territorial Delegates have served in the House since the late 1700s, representing territories that had not yet achieved statehood. In the 20th Century, the concept of Delegate grew to include representation of territories where the United States exercises some degree of control but which were not expected to become states. Currently, the U.S. insular areas of American Samoa, Guam, the Virgin Islands, and the federal municipality of the District of Columbia are each represented in Congress by a Delegate to the House of Representatives. The individual elected to represent Puerto Rico is...
Combat Aircraft Sales to South Asia: Potential Implications
On June 28, 2006, the Bush Administration announced its proposal to sell 36 F-16 C/D Block 50/52 Falcon combat aircraft to Pakistan at an estimated case value of $3 billion. The F-16 Falcon is a single engine multi-role aircraft manufactured by Lockheed Martin Corp. Its relatively low cost and high versatility make the F-16 one of the most exported fighter aircraft in the world. The F-16 was first fielded in 1979 and has been upgraded significantly. The capabilities of the F-16 vary greatly depending on the upgrade or modification fielded. The most modern F-16 flown by the...
Hamdan v. Rumsfeld: Military Commissions in the "Global War on Terrorism"
The Supreme Court ruled 5-3 that President Bush's military order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism exceeded his authority. The Court found that Congress did not strip the Court of jurisdiction to hear Hamdan v. Rumsfeld when it passed the Detainee Treatment Act of 2005 (title X of P.L.109-148 ), which limited federal court jurisdiction over habeas corpus petitions from detainees held at the Guantanamo Bay detention facility. Although the Court did not dispute the President's authority to hold the petitioner as an...
Army Officer Shortages: Background and Issues for Congress
The Army’s enlisted recruiting shortfall in 2005 generated significant congressional and media interest, and served as the impetus for several legislative initiatives. However, until very recently, there has been little mention or visibility of potential shortages in the Army’s officer corps. This problem is currently unique to the Army. While specific skill shortages and imbalances have been reported by the other services, only the Army is reflecting service-wide active component shortages.
The Army currently projects an officer shortage of nearly 3,000 in FY2007, with the most acute...
Legislative Line Item Veto Act of 2006: Background and Comparison of Versions
Under current law, the President may propose to rescind funding provided in an appropriations act by transmitting a special message to Congress. If Congress ignores the presidential rescission request, or if either house rejects the request, the funds must be released after 45 days of continuous session. Instead of allowing Congress to ignore such requests, "expedited rescission" requires at least one house to vote on presidential proposals. Expedited rescission bills have attracted supporters over the years, because the approach is generally regarded as transferring less power...
Senate Proposals To Enhance Chemical Facility Security
The 109th Congress is considering how to address the risks and consequences of potential terrorist attacks on chemical facilities. This report compares and analyzes two bills in the Senate that would address these issues: S. 2145, as reported, and S. 2486 , as introduced. S. 2145 was reported, amended (without written report), by the Committee on Homeland Security and Governmental Affairs on June 26, 2006. For background information on chemical facility security and summaries of other legislative proposals, see CRS Report RL31530 , Chemical Facility Security . For more information...
War on Drugs: The National Youth Anti-Drug Media Campaign
This report discusses the authorization of the National Youth Anti-Drug Media Campaign, a multi-media federal program to persuade America's youth not to use drugs, which expired at the end of FY2002. H.R. 2829 (passed by the House on March 13, 2006) and S. 2560 (reported by the Senate Judiciary Committee on May 25, 2006) would reauthorize the media campaign, along with the other programs run by the Office of National Drug Control Policy (ONDCP) during FY2007.
Class Action Fairness Act of 2005: Early Judicial Interpretations
On February 18, 2005, President Bush signed into law the Class Action Fairness Act (CAFA), P.L. 109-2 , amending Title 28 of the U.S. Code. The Act extends the reach of federal diversity jurisdiction over state law class actions. Congress wanted to correct a provision in federal jurisdiction law that prevented many class actions that were national in scope from being litigated in federal courts by making it more difficult for plaintiffs' counsel to defeat diversity jurisdiction. Second, CAFA imposes new requirements on the settlement of class actions. CAFA applies to class actions...
Middle East Free Trade Area: Progress Report
The purpose of this report is to describe Middle East Free Trade Area (MEFTA) in terms of: (1) its impetus, (2) its major elements; (3) background trade data, (4) details; and (5) arguments for each.
The Individuals with Disabilities Education Act (IDEA) provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). It also contains detailed due process procedures, including a provision for attorneys' fees. The Supreme Court has examined various issues under IDEA, (1) and in Arlington Central School District v. Murphy held, in a decision authored by Justice Alito, that parents who prevail in a suit against a school district may not recover expert witness...
Exempting Food and Agriculture Products from U.S. Economic Sanctions: Status and Implementation
In approving the FY2001 agriculture appropriations act, Congress codified the lifting of unilateral sanctions on commercial sales of food, agricultural commodities, medicine, and medical products to Iran, Libya, North Korea, and Sudan, and extended this policy to apply to Cuba (Title IX of H.R. 5426, as enacted by P.L. 106-387; Trade Sanctions Reform and Export Enhancement Act of 2000, or TSRA). Other provisions place financing and licensing conditions on sales to these countries. Those that apply to Cuba, though, are permanent and more restrictive. TSRA also gives Congress the authority...
Standard Deduction and Personal/Dependency Amounts for Children Age 14 and Over or Students
Generally, a taxpayer is allowed one exemption for each person claimed as a dependent. The taxpayer can claim the dependent if the individual meets five tests for dependency. As a result of the Working Families Tax Relief Act of 2004 , the tests for certain dependents, children, were simplified when a uniform definition of a qualifying child was adopted. A taxpayer may claim dependency exemptions for children 19 through 23 years of age who are full-time students at least five months during the year. Between 1954 and 1986, it was possible for both a parent and his or her child or...
Transportation Security: Issues for the 109th Congress
The nation's air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them highly vulnerable to terrorist attack. The focus of this issue brief is how best to construct and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of another terrorist attack without unduly interfering with travel, commerce, and civil liberties.
Foreign Outsourcing: Economic Implications and Policy Responses
Foreign outsourcing—the importing of some intermediate product (i.e., a portion of a final product or some good or service needed to produce a final product) that was once produced domestically—is not a new phenomenon, nor is it one that is economically distinct from other types of imports in terms of its basic economic consequences. A steadily rising level of trade in intermediate products is one of the salient characteristics of U.S. trade and world trade for the last 30 years. It has been estimated that as much as a third of the growth of world trade since 1970 has been the result of...
Serbia and Montenegro: Background and U.S. Policy
Serbian strongman Slobodan Milosevic's long reign came to an end in October 2000, when he was deposed from power by a popular revolt after he refused to concede defeat in an election for the post of President of the Federal Republic of Yugoslavia (FRY) won by his opponent, Vojislav Kostunica. The new government suffered a great blow in March 2003, when Serbian Prime Minister Zoran Djindjic was murdered by organized crime figures linked to the Serbian security apparatus. Organized crime, extremists within the Serbian military and security apparatus, and the links between them continue to...
Foreign Policy Budget Trends: A Thirty-Year Review
There have been sharp debates over the past three decades concerning the appropriate level of funding for U.S. foreign policy programs, and it is likely that these debates will continue as Congress reviews the President's FY2007 budget proposal. The past 30 years have witnessed wide swings in the amounts of U.S. resources committed to advancing foreign policy and national security interests, reflecting changes in global challenges faced by the United States. Efforts to promote peace in the Middle East, to confront Soviet influence, to support new democracies in the post-Cold War era,...
Africa: U.S. Foreign Assistance Issues
Under the Administration's FY2006 foreign assistance request, U.S. aid to sub-Saharan Africa would continue to grow, due to sharp increases through the State Department's Global HIV/AIDS Initiative. Overall, non-food aid to Africa would total about $3.6 billion under the requst, compared with an estimated $3.4 billion being allocated in FY2005. U.S. assistance finds its way to Africa through a variety of channels, including the USAID-administered DA and Child Survival programs, food aid programs, and refugee assistance. The overall level of funding for aid to Africa remains a continuing...
The Law of the Sea Convention and U.S. Policy
This report provides background and analysis and discusses the most recent regarding the law of the sea convention.
Welfare Reform: Diversion as an Alternative to TANF Benefits
One strategy that states are using to reduce the need for ongoing welfare is referred to as “diversion.” Diversion is typically considered to be a payment, program, or activity that is intended to divert applicants for Temporary Assistance for Needy Families (TANF) benefits from completing the application process and thereby becoming potentially eligible for monthly TANF assistance. Welfare diversion comes in a variety of forms, such as lump sum payments, vendor payments, supportive services, and resource referral. In addition, applicant job search is used by some states as a diversion...
United Nations System Funding: Congressional Issues
Congressional debate over U.N. funding focuses on the following questions: (1) What is the appropriate level of U.S. funding for U.N. system operations and programs? (@) What U.S. funding actions are most likely to produce a positive continuation of U.N. system reform efforts? The U.N. system includes the parent U.N. organization, a number of affiliated agencies, voluntary funds and programs, and peacekeeping operations. For nearly 60 years, the United States has been the single largest financial contributor to the U.N. system. Both Congress and the executive branch have been pressing U.N....
Clean Air Act Issues in the 109th Congress
The courts and the executive branch face major decisions on clean air issues in 2006, with Congress more likely playing an oversight role. One focus is EPA's Jan. 17 2006 proposal to strengthen air quality standards for fine particles, which are estimated to cause tens of thousands of premature deaths annually. Whether the proposal is supported by the available science and what impact its implementation would have likely issues of concern. Other issues of continuing interest are EPA's 2005 decisions limiting interstate transport of air pollution and establishing cap-and-trade systems for...
This report discusses the two separate FY2006 supplemental appropriations requests submitted on February 16, 2006. The first, totaling $72.4 billion, would fund ongoing military operations in Iraq and Afghanistan ($67.9 billion), non-DOD intelligence operations ($0.3 billion), State Department operations in Iraq and various foreign aid programs, including additional assistance for Iraq ($4.2 billion), and other counter-terrorism funding for other agencies ($12 million). The other supplemental would provide $19.8 billion for recovery and reconstruction activities in hurricane affected Gulf...
U.S. Democracy Promotion Policy in the Middle East: The Islamist Dilemma
This report assesses U.S. policy toward Islamist organizations in the Arab world, specifically those groups that have renounced violence and terrorism. The report analyzes U.S. government attitudes toward Islamist movements and investigates how U.S. democracy promotion policy is applied in three Arab countries with a significant Islamist presence in the political sphere: Morocco, Egypt, and Jordan. It may be updated periodically to include new case studies of Islamist movements in Algeria, Yemen, Kuwait, Bahrain, or areas outside the Arab world. The Bush Administration has made the...
A savings association is permitted by statute to convert from the mutual to the stock form of ownership. Regulations issued by the Director of the Office of Thrift Supervision provide the procedures by which a conversion may occur. This report summarizes major portions of these regulations. This report will be updated as warranted.
Federal Research and Development: Budgeting and Priority-Setting Issues, 109th Congress
Federal research and development (R&D) funding priorities reflect presidential policies and national needs. For FY2007, R&D is requested at almost $137 billion of budget authority, about 1.8% more than enacted in FY2006. The FY2007 budget would fund three interagency R&D initiatives: networking and information technology; climate change science; and nanotechnology. The Administration is using performance measures for R&D budgeting, including the Government Performance and Results Act and the Program Assessment Rating Tool.
Law Enforcement Officers Safety Act of 2004
The Law Enforcement Officers Safety Act of 2004 ( H.R. 218 ) was signed into law on July 22, 2004 ( P.L. 108-277 ). The act amends the federal criminal code in order to authorize a qualified law enforcement officer, carrying photographic governmental agency identification, to carry a concealed firearm, notwithstanding any state or local law. This report summarizes the act's provisions dealing with the carrying of concealed weapons by qualified law enforcement officers.
Broadband Internet Regulation and Access: Background and Issues
This report discusses broadband Internet, examining what it is and the various technologies that allow for its transmission. Broadband or high-speed Internet access is provided by technologies that give users the ability to send and receive data at volumes and speeds far greater than access over traditional telephone lines; it also provides a continuous, "always on" connection (no need to dial-up) and a "twoway" capability, that is, the ability to both receive (download) and transmit (upload) data at high speeds.
Public Health Service Act Provisions Providing Immunity from Medical Malpractice Liability
A 1992 and a 1996 amendment to the Public Health Service Act provide that certain entities and health care practitioners shall be deemed federal employees for purposes of medical malpractice liability. This means that they are immune from such liability, but that the United States may be liable under the Federal Tort Claims Act for their medical malpractice. The 1996 amendment took effect only on September 24, 2004.
Since the terrorist attacks of September 11, 2001, Congress has appropriated $331 billion for military operations in Afghanistan, Iraq, and elsewhere. Of that amount, $301 billion, or 91%, has been provided either in supplemental appropriations bills or as additional "emergency" funding in separate titles of annual defense appropriations acts. A recurring issue in Congress has been whether funding for ongoing military operations -- such as those in Iraq, Afghanistan, and elsewhere -- should be provided in supplemental appropriations bills and in additional "emergency" accounts, or should...
U.S. Space Programs: Civilian, Military, and Commercial
The future of the U.S. human space flight program is dominating debate about NASA. Pursuant to the "Vision for Space Exploration" announced by President Bush in January 2004, the shuttle program is to be terminated in 2010. The Vision directs NASA to focus its activities on returning humans to the Moon by 2020 and eventually sending them to Mars. How to manage Department of Defense (DOD) space programs to avoid the cost growth and schedule delays that have characterized several recent projects is a key issue facing DOD. The appropriate role of the government in facilitating commercial...
Hearings in the House of Representatives: A Guide for Preparation and Procedure
Congressional hearings are the principal formal method by which committees collect and analyze information in the early stages of policy making. Whether legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct. House Rule XI sets down many of the regulations to which committee hearings must conform, including the quorum requirement, advance submission of witness statements, the opportunity for minority party members to call witnesses of their choosing, the five-minute rule for questioning witnesses, witness rights, the...
Defense Authorization and Appropriations Bills: FY1970-FY2006
This report is a research aid, which lists the DOD authorization bills (Table 1) and appropriations bills (Table 2). This report includes all the pertinent information on the passage of these bills through the legislative process: bill numbers, report numbers, dates reported and passed, recorded vote numbers and vote tallies, dates of passage of the conference reports with their numbers and votes, vetoes, substitutions, dates of final passage, and public law numbers. Table 3 shows real growth or decline in national defense funding for FY1940-FY2009. Table 4 gives a more detailed picture of...
In the past few years, the People’s Republic of China (PRC) has experienced rising social unrest, including protests, demonstrations, picketing, and group petitioning. According to PRC official sources, “public order disturbances” grew by nearly 50% from 58,000 incidents in 2003 to 87,000 in 2005. Although political observers have described social unrest among farmers and workers since the early 1990s, recent protest activities have been broader in scope, larger in average size, greater in frequency, and more brash than those of a decade ago. Fears of greater unrest have triggered debates...
Farm Product "Check-off" Programs: A Constitutional Analysis
For decades, Congress has enacted laws authorizing generic promotion programs for a number of farm products to increase overall demand and consumption of the agricultural product. These generic promotion programs, commonly known as "check-off" programs, are funded through the payment of mandatory assessments imposed on the amount of product that a covered party sells, produces, or imports. Some producers have opposed the use of generic advertisements and have brought First Amendment challenges in court. Generally, these parties claim that they should not be required to pay for...
This report lists the independent counsels (called "special prosecutors" until 1983) appointed by the Special Division of the United States Court of Appeals upon application from the Attorney General of the United States, under the provisions of the law originally enacted in the Ethics in Government Act of 1978. The report specifies the dates of the appointments of the independent counsels and the dates of their final reports; sets out in summary fashion the areas or subjects of investigation by the independent counsels; highlights the results of those investigations; and provides the...
Taiwan: Recent Developments and U.S. Policy Choices
Under the Bush Administration, U.S.-China-Taiwan relations have undergone a number of changes. Initially, the new Administration seemed to abandon the long-standing U.S. policy of "strategic ambiguity" on Taiwan in favor of "strategic clarity" that placed more emphasis on Taiwan's interests and less on PRC concerns. President Bush's first term has been a time of increasing complexity and unpredictability in Taiwan's political environment. Political trends in Taiwan have raised anxieties about its future and the implications for U.S. policy.
Payday Loans: Federal Regulatory Initiatives
A payday loan arrangement permits an individual to use a personal check to get a small, short-term, cash advance. The loans are typically for $100-$500. The borrower writes a postdated check for the loan amount and a fee. The lender holds the check until the borrower's next payday, usually two weeks. This source of short-term credit can be expensive. The fee charged on a 14-day payday loan is typically $15 to $17 per $100 advanced, amounts equivalent to an APR (annual percentage rate) of between 391% and 443%. A loan can become even more expensive if it is rolled over or extended. State...
Foreign Aid: Understanding Data Used to Compare Donors
There are various views on how to total U.S. spending on foreign aid and how U.S. transfers compare with those from other major donors. For the United States, the size of the foreign aid budget is frequently measured in terms of annual appropriations approved for international assistance programs. In comparing the United States with other international aid donors, the most common source of information is the Development Assistance Committee (DAC) of the Organization for Economic Cooperation and Development (OECD). There are significant scope and methodological differences, however, between...
Syria: U.S. Relations and Bilateral Issues
The country of Syria is a prominent player in the Middle East scene, due to a number of border disputes with the region, as well as problems of resource allocation, and political rivalries have caused frequent tensions between Syria and its neighbors. An array of bilateral issues continue to affect relations between the United States and Syria: the course of Arab-Israeli talks; questions of arms proliferation; Syrian connections with terrorist activity; Syria's role in Lebanon; and Syria's opposition to the U.S. occupation in Iraq. This report explores these issues, as well as the...
Homeland Security: Defending U.S. Airspace
The September 11th attacks drew attention to U.S. air defense, and the 9/11 Commission Report recommended that Congress regularly assess the ability of Northern Command to defend the United States against military threats. Protecting U.S. airspace may require improvements in detecting aircraft and cruise missiles, making quick operational decisions, and intercepting them. A number of options exist in each of these areas. A variety of issues must be weighed including expediency, cost, and minimizing conflicts with civilian aviation. This report will be updated.
Air Force Aerial Refueling Methods: Flying Boom versus Hose-and-Drogue
Decisions on the composition of the Air Force aerial refueling fleet were made decades ago, when the primary mission was to refuel long-range strategic bombers. Modifications have been made to many of these tanker aircraft (KC-135s and KC-10s) to make them more effective in refueling fighter aircraft. This report, which will be updated, examines the balance between two different refueling methods in today's refueling fleet -- "flying boom" and "hose-and-drogue."
Military Suppression of Enemy Air Defenses (SEAD): Assessing Future Needs
Suppressing enemy air defenses (SEAD) has been a central element of projecting military air power for over 50 years. However, several developments suggest that this mission is of growing importance to the Department of Defense (DOD). Some say that the emergence of new technologies and air defenses will increasingly challenge U.S. SEAD efforts. Making budgetary judgments on SEAD programs and processes requires the assessment of complex factors. This report will be updated.
Air Force FB-22 Bomber Concept
The Air Force has expressed interest in developing a bomber variant of the F-22A Raptor to "bridge the gap" between today's bombers and a follow-on bomber in 2037. Questions exist regarding the FB-22's feasability, cost, and combat potential. This report will be updated as events warrant.
POWs and MIAs: Status and Accounting Issues
There has been a long-running controversy about the fate of certain U.S. prisoners of war (POWs) and servicemembers missing in action (MIAs) as a result of various U.S. military operations. While few people familiar with the issue feel that any Americans are still being held against their will in communist countries associated with the Cold War, more feel that some may have been so held in the past in the Soviet Union, China, North Korea, or North Vietnam. Similarly, few believe there has been a “conspiracy” to cover up the existence of live POWs, but many would maintain that there was, at...
Nigeria in Political Transition
On June 8, 1998, General Sani Abacha, the military leader who took power in Nigeria in 1993, died of a reported heart attack and was replaced by General Abdulsalam Abubakar. General Abubakar released political prisoners and initiated political, economic, and social reforms. Relations between the United States and Nigeria improved with the subsequent transfer of power to a civilian government. Nigeria continues to make progress in strengthening its fragile democracy but faces serious economic challenges. Nigeria remains relatively stable, although ethnic and religious clashes in some parts...
Industrial Competitiveness and Technological Advancement: Debate Over Government Policy
There is ongoing interest in the pace of U.S. technological advancement due to its influence on U.S. economic growth, productivity, and international competitiveness. Because technology can contribute to economic growth and productivity increases, congressional interest has focused on how to augment private-sector technological development. Congressional action has mandated specific technology development programs and obligations in federal agencies that did not initially support such efforts. Some legislative activity, beginning in the 104th Congress, has been directed at eliminating or...
Cooperative R&D: Federal Efforts to Promote Industrial Competitiveness
In response to the foreign challenge in the global marketplace, the United States Congress has explored ways to stimulate technological advancement in the private sector. The government has supported various efforts to promote cooperative research and development activities among industry, universities, and the federal R&D establishment designed to increase the competitiveness of American industry and to encourage the generation of new products, processes, and services.
The dollar exchange rate rose substantially in 2005, halting a three-year decline and moving counter to the expectations of many observers. This report discusses potential reasons for the dollar's appreciation.
Technology Transfer: Use of Federally Funded Research and Development
The government spends approximately one third of the $83 billion federal R&D budget for intramural research and development to meet mission requirements in over 700 government laboratories. Congress has established a system to facilitate the transfer of technology to the private sector and to state and local governments. Despite this, use of federal R&D results has remained restrained, although there has been a significant increase in private sector interest and activities over the past several years. At issue is whether incentives for technology transfer remain necessary, if additional...
Criminal Charges in Corporate Scandals
Since the collapse of Enron Corp. in late 2001, there has been a series of scandals involving major U.S. corporations. Recurring elements in the scandals include improper or fraudulent accounting, self-enrichment by corporate officers, stock trading on inside information (insider trading), and the destruction or falsification of business records. A number of cases have resulted in criminal indictments, some followed by guilty pleas. This report tracks post-Enron criminal charges. Companies are listed alphabetically, and individuals who have been charged, indicted, or have pleaded guilty...
The Massachusetts Health Reform Plan: A Brief Overview
In April 2006, Massachusetts passed legislation that aims to achieve near-universal health insurance coverage by expanding Medicaid and State Children’s Health Insurance Program (SCHIP) eligibility, providing premium subsidies for certain individuals, and mandating the purchase of insurance for those who can afford it. To make private health insurance plans more affordable and accessible, it modifies state insurance laws (e.g., it merges the state’s non-group and small group markets) and creates a public entity called the Connector to serve as a clearinghouse for the purchase of...
The end of the Cold War freed India-U.S. relations from the constraints of global bipolarity, but interactions continued for a decade to be affected by the burden of history, most notably the longstanding India-Pakistan rivalry and nuclear weapons proliferation in the region. Recent years, however, have witnessed a sea change in bilateral relations, with more positive interactions becoming the norm. India's swift offer of full support for U.S.-led counterterrorism operations after September 2001 was widely viewed as reflective of such change. The United States seeks to curtail the...
Long-Term Growth of the U.S. Economy: Significance, Determinants, and Policy
The rate of long-term economic growth is the salient measure of the nation’s ability to steadily advance its material living standard. The pace of long-term economic growth is likely to be a center of attention in the decades just ahead, as the U.S. economy confronts the need to undertake unprecedentedly large generational transfers of income to pay for the retirement of the huge baby-boom generation as well as large transfers to the rest of the world to meet the debt service costs of the United States’ large and still growing foreign debt.
For the United States, the long-term growth of...
West Coast and Alaska Oil Exports
As a reaction to oil price and supply concerns, questions about the export of crude oil produced on Alaska's North Slope are often directed at Members of Congress. The export of this oil had been prohibited by the 1973 law allowing the construction of the pipeline system now transporting oil to the ice-free, southern Alaska port of Valdez. But following a period of depressed oil prices, legislation was enacted in 1995 permitting export. Relatively small amounts -- never more than 7% -- of Alaskan crude were sold to Korea, Japan, China, and some other countries. These exports stopped by...
Norht Korea's Nuclear Weapons Program
North Korea's decisions to restart nuclear installations at Yongbyon that were shut down under the U.S.-South Korean Agreed Framework of 1994 and to withdraw from the Nuclear Non-Proliferation Treaty create an acute foreign policy problem for the United States. Restarting the Yongbyon facilities opens up a possible North Korean intent to stage a "nuclear breakout" of its nuclear program and openly produce nuclear weapons. The main objective of the Bush Administration is to secure the dismantling of North Korea's plutonium and uranium-based nuclear programs. China, South Korea, and Russia...
Energy Efficiency: Budget, Oil Conservation, and Electricity Conservation Issues
This report discusses various budget issues regarding the Department of Energy's Energy Efficiency Program, which is conducted by the Office of Energy Efficiency and Renewable Energy (EERE).
Serbia and Montenegro Union: Background and Pending Dissolution
On May 21, 2006, Montenegro held a long-awaited referendum on independence; 55.5% of the electorate voted in favor of independence, slightly over the 55% threshold established by the European Union (EU), and turnout exceeded 86%. Serbia and Montenegro were the last remnants of the former Yugoslavia to exist in a common state. They formed a new, highly decentralized state union under an agreement brokered by the EU in 2002-2003, which allowed for either republic to hold a referendum after three years. Serbia's political leaders supported continuation of the union but recognized the...
This report discusses several dairy issues that have been or are being considered by the 109th Congress, some of which affect the three major federal dairy policy tools -- the Milk Income Loss Contract (MILC) program, federal milk marketing orders, and the dairy price support program.
The estimated rate of air ambulance accidents has been steadily rising since the early 1990s, and has increased at a rapid rate since 1998 when the industry began to expand more rapidly and shift toward a model of more independent private air ambulance services that cover larger geographic areas. Statistics indicate that the large majority of air ambulance accidents are attributable to operational factors related to pilot situation awareness and decision making when faced with adverse environmental conditions such as darkness, deteriorating weather, rugged terrain, or some combination of...
Federal Lands, R.S. 2477, and "Disclaimers of Interest"
An 1866 statute known as R.S. 2477 granted rights of way for the construction of highways over unreserved public lands. On January 6, 2003, the Department of the Interior published broad new "disclaimer of interest" regulations under Section 315 of the Federal Land Policy and Management Act of 1976 and stated that disclaimers would be used to acknowledge R.S. 2477 rights of way. Congress has directed that no rules "pertaining to" recognition or validity of an R.S. 2477 rights of way can be effective unless authorized by Congress, and the use of disclaimers in the R.S. 2477 context may...
Environmental Protection Issues in the 109th Congress
Environmental protection concerns span a wide variety of issues, including clean air, water quality, chemical security, and environmental aspects of other major issue areas such as transportation and defense. This issue brief provides an overview of key environmental issues that are receiving or may receive attention in the 109th Congress. The sections on specific issues contain references to more detailed and extensive CRS reports on the subjects covered.
Availability of Injunctive Relief in Patent Cases: eBay, Inc. v. MercExchange, L.L.C.
The most significant legal right that patent law confers on the patent holder is "the right to exclude others" from making, using, offering for sale, or selling the patented invention throughout the United States, or importing the invention into the United States. Injunctive relief is the usual remedy that courts authorize to prevent violation of this patent right. However, as the recent BlackBerry patent litigation demonstrated, the desirability of an injunction in patent cases could be questioned in certain circumstances, such as when an injunction's disruptive effects on the public may...
Stem Cell Research: State Initiatives
Embryonic stem cells have the ability to develop into virtually any cell in the body. Stem cells are used by scientists to study the growth and differentiation of individual cells into tissues. This work may provide insights into the causes of birth defects, genetic abnormalities, and other disease states, as well as potential treatments. The research is controversial, in the opinion of some, because the stem cells are located within the embryo and the process of removing them destroys the embryo. Some have argued that stem cell research should be limited to adult stem cells obtained from...
The Market for Retirement Annuities
A retirement annuity allows an individual to purchase a regular payment stream from an insurance company to last his lifetime. Despite the ability of the product to eliminate the risk that a retiree will outlive his assets, few retirement annuities have been sold in the individual market. In addition, the number of individuals who annuitize their defined contribution retirement plan balances remains small. New products are emerging that would offer alternate annuity designs and make annuity prices more attractive. This report discusses legislation has been proposed in the 109th Congress...
This report discusses the Middle East peace talks, including the new peace process with the most recent developments,and the war against terrorism.
Data Security: Protecting the Privacy of Phone Records
The privacy of cellular telephone records has become a high-priority item on the congressional agenda. According to recent press accounts, numerous websites advertise the sale of personal telephone records. In addition, recent media disclosures regarding an alleged National Security Agency (NSA) program designed to collect and analyze information on telephone calling patterns within the United States has raised interest in the means by which the government may collect phone records. For further information, see CRS Report RL33424 , Government Access to Phone Calling Activity and Related...
Nasdaq’s Pursuit of Exchange Status and an Initial Public Offering
Traditionally, the Nasdaq stock market was a for-profit, but wholly-owned subsidiary of the nonprofit National Association of Securities Dealers, Inc. (NASD), the largest self-regulatory organization (SRO) for the securities industry. In 2000, in a strategic response to an increasingly competitive securities trading market, the NASD membership approved spinning off the for-profit NASD-owned Nasdaq and converting it into a for-profit shareholder-owned market that later planned to issue publicly traded stock. For Nasdaq, this process has involved three basic stages: (1) issuing privately...
Immigration Policy for Intracompany Transfers (L Visa): Issues and Legislation
Concerns are growing that the visa category that allows executives and managers of multinational corporations to work temporarily in the United States is being misused. This visa category, commonly referred to as the L visa, permits multinational firms to transfer top-level personnel to their locations in the United States for five to seven years. The number of L visas issued has increased by 363.5% over the past 25 years. The U.S. Department of State (DOS) issued only 26,535 L visas in FY1980. L visa issuances began increasing in the mid-1990s and peaked at 122,981 in FY2005. Some are...
Data on Enrollment, Premiums, and Cost-Sharing in HAS-Qualified Health Plans
Health Savings Accounts (HSAs), which have been available since 2004, are the newest addition to the array of tax-advantaged accounts people can use to pay for unreimbursed medical expenses. To set up an HSA, one must enroll in a qualifying high-deductible health plan (HDHP). This report analyzes findings about enrollment in HSA-qualified HDHPs.
This report briefly reviews the status of climate science, international negotiations, and congressional activity focused specifically on climate change.
Central Asia: Regional Developments and Implications for U.S. Interests
This report provides an overview of U.S. policy concerns and relations with countries in central Asia. The report discusses issues such as Fostering Pro-Western Orientations, Obstacles to Peace and Independence, Democratization and Human Rights, Security and Arms Control, Trade and Investment, and provides an Aid Overview.
"Boutique Fuels" and Reformulated Gasoline: Harmonization of Fuel Standards
This report discusses how gasoline composition is regulated and explains the various federal and state gasoline standards. Next, the report presents some of the key issues with the federal RFG program. Some of the problems associated with boutique fuels are discussed, as well as some of the potential effects of harmonization. Finally, congressional actions in the 109th Congress related to
boutique fuels, RFG, and harmonization, including the passage of the Energy Policy Act of 2005, are discussed.
Armenia, Azerbaijan, and Georgia: Political Developments and Implications for U.S. Interests
The United States recognized the independence of all the former Soviet republics by the end of 1991, including the South Caucasus states of Armenia, Azerbaijan, and Georgia. The United States has fostered these states' ties with the West in part to end the dependence of these states on Russia for trade, security, and other relations. The FREEDOM Support Act of 1992 provides authorization for assistance to the Eurasian states for humanitarian needs, democratization, and other purposes. In the aftermath of the September 11, 2001, terrorist attacks on the United States, the Administration...
Beginning with the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), legislation and administrative actions have focused on reducing immigration litigation by limiting and streamlining both administrative appeal and judicial review procedures and by rendering aliens in certain categories ineligible for certain types of relief from removal.
Despite these efforts, other changes made by the 1996 Acts increased litigation by expanding the scope of the grounds for inadmissibility and deportation...
Medical Malpractice Bills: S. 22 and S. 23, 109th Congress
Medical malpractice suits are governed, for the most part, by state law. S. 22 , 109th Congress, the Medical Care Access Protection Act of 2006, or "MCAP Act," would impose federal standards on some aspects of medical malpractice suits, but it would leave other aspects to continue to be governed by state law. Unlike other pending medical malpractice bills, such as H.R. 5 and S. 354 , S. 22 would not apply to products liability suits (i.e., it would apply only to medical malpractice suits against health-care providers, not to suits against manufacturers or sellers of defective medical...
Air Quality: Multi-Pollutant Legislation in the 109th Congress
With the prospect of new layers of complexity being added to air pollution controls, and with electricity restructuring putting a premium on economic efficiency, interest is being expressed in finding mechanisms to achieve health and environmental goals in simpler, more cost-effective ways. The electric utility industry is a major source of air pollution, particularly sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury (Hg), as well as suspected greenhouse gases, particularly carbon dioxide (CO2). At issue is whether a new approach to environmental protection could achieve...
Argentina's Sovereign Debt Restructuring
In December 2001, after four years of deepening recession, impending financial crisis, and mounting social unrest, Argentina's government suddenly collapsed and ceased all payments on its debt. Argentina has failed to pay before, but this time it registered the largest sovereign default in history. Total public debt grew from 62% of GDP in late 2001 to a record-breaking and unsustainable 164% following default and devaluation in early 2002. Argentina faced restructuring over $100 billion of debt owed to domestic and international bondholders, including $10-15 billion of bonds held by...
School Choice: Current Legislation
This report provides an overview of current local, state, and federal policies and programs that support school choice and identifies and summarizes recent federal school choice legislation.
Health Savings Accounts: Some Current Policy Issues
This report discusses the Health Savings Accounts (HSAs), which are one way that people can pay for their unreimbursed medical expenses (deductibles, copayments, and services not covered by insurance) on a tax-advantaged basis
Sub-Saharan Africa has been far more severely affected by AIDS than any other part of the world. The United Nations reports that 25.8 million adults and children are infected with the HIV virus in the region, which has about 11.3% of the world's population but more than 64% of the worldwide total of infected people. This report discusses this issue in detail, including the cause of the African AIDS epidemic, the social and economic consequences, response and treatment, and U.S. policy.
This report discusses federal funding for IT research and development. Proponents assert that federal support of IT R&D has produced positive outcomes for the country and played a crucial role in supporting long-term research into fundamental aspects of computing. Critics assert that the government, through its funding mechanisms, may be
picking “winners and losers” in technological development, a role more properly residing
with the private sector.
Mongolia: Political and Economic Status
This report provides background information on Mongolia, including political and economic conditions, the status of U.S.-Mongolian political and economic relations, and key security and foreign policy issues.
Japan-U.S. Relations: Issues for Congress
This report discusses the Japan - U.S. relations. The alliance, with its access to bases in Japan, where about 53,000 U.S. troops are stationed, facilitates the forward deployment of U.S. military forces in the Asia-Pacific, thereby undergirding U.S. national security strategy.
Nuclear Command and Control: Current Programs and Issues
The Nuclear Command and Control System (NCCS) infrastructure supports the President and his combatant commanders when they direct nuclear forces. This report discusses the current role of the NCCS in light of the 2001 Nuclear Posture Review (NPR) and the 2006 Quadrennial Defense Review (QDR), examines current issues surrounding the NCCS, reviews modernization initiatives, summarizes NCCS functions and characteristics, and reviews NCCS platforms. Key NCCS platforms include fixed locations such as the National Military Command Center (NMCC), the U.S. Strategic Command (USSTRATCOM) Global...
Safe Drinking Water Act: Implementation and Issues
This report discusses key drinking water issues in the 109th Congress, which have included problems caused by specific contaminants, such as methyl tertiary butyl ether (MTBE) and perchlorate, as well as the related issue of the appropriate federal role in providing financial assistance for water infrastructure projects. Congress last reauthorized the Safe Drinking Water Act (SDWA) in 1996, and although funding authority for most SDWA programs expired in FY2003, broad reauthorization bills have not been proposed, as the Environmental Protection Agency (EPA), states, and water systems...
Federal Railroad Rights of Way
During the drive to settle the western portion of the United States, Congress sought to encourage the expansion of railroads, at first through generous grants of rights of way and lands to the great transcontinental railroads between 1862 and 1871, and later through the enactment of a general right of way statute. The 1875 General Railroad Right of Way Act permitted railroads to obtain a 200-foot federal right of way by running tracks across public lands. Some railroads also obtained rights of way by private purchase or through the exercise of state or federal powers of eminent domain....
Cleanup After Hurricane Katrina: Environmental Considerations
This report aims to provide an overview of the immediate and intermediate cleanup tasks across the diverse communities in the affected region, and federal legal authorities and plans for tackling them. The report also discusses coordinated roles and activities among local, state, and federal agencies and officials. Finally, the report serves to reference other, more detailed CRS reports and other sources on particular Katrina cleanup activities.
Criminalizing Unlawful Presence: Selected Issues
Several bills introduced in the 109th Congress would make the unauthorized presence of aliens in the U.S. a criminal offense, including H.R. 4437 , the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, introduced by Representative James Sensenbrenner on December 6, 2005 and passed by the House as amended on December 16, 2005, and S. 2454 , the Securing America’s Borders Act, introduced by Senator Bill Frist on March 16, 2006. The version of Chairman Arlen Specter’s mark reported out of the Senate Judiciary Committee on March 27, 2006, ( S.Amdt. 3192 ) does...
Side-by-Side Description of Small Business Health Insurance Proposals
The 109th Congress is considering a number of health insurance reforms intended to improve access to health insurance for small businesses. Two of those proposals, S. 2510 , the Small Employers Health Benefits Program Act of 2006, and S. 1955 , the Health Insurance Marketplace Modernization and Affordability Act of 2006, take different approaches to addressing perceived problems with the current market for health insurance. S. 1955 , introduced by Senators Michael Enzi and Ben Nelson, was approved by the Senate Health, Education, Labor, and Pensions (HELP) Committee on March 15, 2006....
Policymakers have debated creating a system of individual accounts (IAs) as part of Social Security for many years. This report describes policymakers’ administrative and structural choices regarding the collection and investment of assets in a system of individual accounts.
Fugitive felons are not eligible to receive benefits from the Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Old-Age and Survivors Insurance (OASI) programs administered by the Social Security Administration (SSA). For the purposes of these programs, fugitive felons are currently considered to be any persons with outstanding warrants for felony offenses. These prohibitions first went into effect in 1996 for the SSI program and in 2005 for the SSDI and OASI programs. This report includes an overview of the current laws, regulations, and internal SSA...
Tax Treatment of Short Term Residential Rentals: Reform Proposal
Generally, taxable income has included rental income from real property. However, an exclusion for de minimis (1) rental income (from the rental of a taxpayer's residence for a period of less than 15 days per year) was enacted by the Tax Reform Act of 1976, ( P.L. 94-455 ). Since that time, a number of tax reform proposals have called for inclusion of de minimis rental income as taxable income. The most recent proposal was contained in a report prepared by the Joint Committee on Taxation at the behest of Senators Grassley and Baucus. The proposal would cap the currently unlimited...
Jordan: U.S. Relations and Bilateral Issues
This report discusses issues in U.S.-Jordanian relations. These issues include the stability of the Jordanian regime, democratic reform under way in Jordan, the role of Jordan in the Arab-Israeli peace process, Jordan’s concerns over the U.S.-led campaign against Iraq in 2003, and its relations with other regional states.
Child Welfare: Programs Authorized by the Victims of Child Abuse Act of 1990
The Victims of Child Abuse Act of 1990 (Title II, P.L. 101-647 ) authorized three programs: Children's Advocacy Centers, the Court Appointed Special Advocates (CASA) program, and Training for Judicial Practitioners and Personnel. Funding authorization for each of these programs expired with FY2005. In mid-December 2005, Congress approved the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( H.R. 3402 ), which reauthorizes funding for the CASA program (for FY2007-FY2011) at its FY2005 authorization level of $12 million. That legislation (now P.L. 109-162 )...
The Global Fund to Fight AIDS, Tuberculosis, and Malaria: Background
The Global Fund to Fight AIDS, Tuberculosis, and Malaria, headquartered in Geneva, Switzerland, is an independent foundation intended to attract and rapidly disburse new resources in developing countries for the struggle against infectious disease. The Fund is a financing vehicle, not a development agency, and its grants are intended to complement existing efforts rather than replace them.
The origins of the concept of an independent funding mechanism to fight AIDS and other diseases lie partly in a French proposal made in 1998, in ideas developed in the 106th Congress, and in...
District of Columbia: FY2006 Appropriations
On February 8, 2005, the Administration released its FY2006 budget request. The Administration’s proposed budget included $573.4 million in federal payments to the District of Columbia. Four payments (for court operations, defender services, offender supervision, and criminal justice coordination) represented $471.4 million, or 82%, of the proposed $573.4 million in total federal payments to the District.
On June 2, 2005, the District’s city council approved the city’s $8.8 billion operating budget for FY2006. The District’s budget, which must be approved by Congress, also included $3...
Iraq Oil: Reserves, Production, and Potential Revenues
Iraq's potential oil wealth remains largely unrealized. Substantial proven reserves exist, and there are likely more resources awaiting discovery. But oil production has been slow to fully recover during the post-Saddam period, and many obstacles stand in the way of achieving a stable export flow. Moreover, refineries are in need of rehabilitation, necessitating imports of gasoline and cooking fuel within Iraq. Despite these difficulties, the existence of vast resources suggests easy exploitation and lucrative export earnings that could help fund Iraq's redevelopment. But the sheer...
Real Estate Investment Trusts (REITs) are mutual funds made up of real estate and mortgage assets. In recent years, their performance has been stronger than broader market indicators, leading to calls for inclusion of an REIT alternative in the Thrift Savings Plan (TSP) for federal workers. At present, the TSP is limited to five savings vehicles, three of which are broad-based stock indexes. Proponents of inclusion cite greater diversification and participant choice in the TSP as well as potentially higher returns as benefits of the proposal. The TSP board, while studying the matter,...
North Korea: A Chronology of Events in 2005
This report provides a chronology of events relevant to U.S. relations with North Korea in 2005 and is a continuation of CRS Report RL32743, North Korea: A Chronology of Events, October 2002-December 2004, by Mark E. Manyin, Emma Chanlett-Avery, and Helene Machart. The chronology includes significant meetings, events, and statements that shed light on the issues surrounding North Korea’s nuclear weapons program. An introductory analysis highlights the key developments and notes other significant regional dynamics. Particular attention is paid to the Six-Party Talks, inter-Korean relations,...
When a party involved in a lawsuit makes a payment pursuant to a judgment or settlement agreement, the payment may be included in the recipient’s income and may be deductible from the payor’s income. A separate issue that also arises in litigation is whether either party may deduct the legal expenses incurred in the suit. The nature of the underlying claim is critical in determining the proper tax treatment of these payment and expenses. Portions of a payment may face different treatment depending on what each represents (e.g., replacement for lost wages, reimbursement of medical expenses,...
Executive Compensation in Bankruptcy: The Fairness and Accountability in Reorganizations Act
S. 2556 and its companion bill, H.R. 5113, 109th Congress, 2nd Sess. (2006), introduced by Senator Bayh and Representative Conyers, respectively, are entitled the Fairness and Accountability in Reorganizations Act of 2006. The legislation, according to its sponsors, is intended to “ensure that workers are treated more fairly during [bankruptcy] reorganizations by limiting executive compensation deals and requiring corporations to provide a more accurate picture of their holdings before attempting to modify collective bargaining agreements or promised health benefits.” This report surveys...
U.S.-Canada Wheat Trade Dispute
U.S. trade officials and northern-tier wheat producers have long expressed concerns that Canadian wheat trading practices -- both import and export -- are inconsistent with Canada's international trade obligations. Canada maintains that its import practices and the Canadian Wheat Board (CWB) wheat export practices comply fully with international trade rules and its WTO obligations, and that Canada does not subsidize its wheat exports. In addition, U.S. millers and pasta makers have expressed concern over potential trade restrictions that might limit their access to Canada's high-quality...
Exempting Food and Agriculture Products from U.S. Economic Sanctions: Status and Implementation
Falling agricultural exports and declining commodity prices led farm groups and agribusiness firms to urge the 106th Congress to pass legislation exempting foods and agricultural commodities from U.S. economic sanctions against certain countries. In completing action on the FY2001 agriculture appropriations bill, Congress codified the lifting of unilateral sanctions on commercial sales of food, agricultural commodities, medicine, and medical products to Iran, Libya, North Korea, and Sudan, and extended this policy to apply to Cuba (Title IX of H.R. 5426, as enacted by P.L. 106-387; Trade...
Debt Relief for Heavily Indebted Poor Countries: Issues for Congress
In recent decades, the rapid growth in poor country debt has emerged as a key foreign policy concern. Many analysts believe that this debt burden is an impediment to economic growth and poverty reduction. Others contend that for the poorest countries, other factors such as weak political and economic institutions, are a greater impediment to growth than the debt burden. There have been many efforts to help reduce poor country debt. In 1988 a group of major creditor nations, known as the Paris Club, agreed for the first time to cancel debts owed to them instead of refinancing them on...
MTBE in Gasoline: Clean Air and Drinking Water Issues
As gasoline prices have risen in March and April 2006, renewed attention has been given to methyl tertiary butyl ether (MTBE), a gasoline additive being phased out of the nation's fuel supply. Many argue that the phaseout of MTBE and its replacement by ethanol have been a major factor in driving up prices. MTBE has been used by refiners since the late 1970s. It came into widespread use when leaded gasoline was phased out -- providing an octane boost similar to that of lead, but without fouling the catalytic converters used to reduce auto emissions since the mid-1970s. MTBE has also been...
Antitrust Effect of Patent on Tying Product: Illinois Tool Works Inc. v. Independent Ink, Inc.
Antitrust law generally disfavors tying arrangements--those in which a vendor conditions the sale of a desired product on the purchase of another (possibly not-so-desired) product. Not only have tying arrangements been considered unlawful as violations of Section 1 of the Sherman Act (15 U.S.C. Section 1), they were determined to be per se (automatically) unlawful. It was assumed, until at least the late-1970s, first, that such arrangements were only possible because the seller possessed sufficient market power in the tying product to allow him to create the tie; and second, that they...
Enhancement-of-Survival Permits: Background and Status of Proposed Policy
On August 18, 2003, the Fish and Wildlife Service released a proposed policy that provides guidance on the issuance of enhancement-of-survival permits authorized by the Endangered Species Act. (1) The aim of this policy is to broaden consideration of issuing permits for the harvesting and import of foreign endangered species, as an incentive to encourage conservation of the endangered species in the wild. This policy has generated controversy. Some contend that the take of endangered species in foreign countries cannot be controlled and may lead to the reduction of many endangered...
Medicaid Issues for the 109th Congress
Medicaid is jointly financed by the federal and state governments, but each state designs and administers its own state program under broad federal guidelines. Accordingly, state variation in eligibility, covered services, and the delivery of, and reimbursement for, services is the rule rather than the exception. How is Congress to respond to the numerous proposals to move Medicaid forward into the near and long term? This report lays out some of these issues, explains the factors underlying them, and provides links to CRS products that can help Members of Congress and their staff prepare...
Outer Continental Shelf: Debate Over Oil and Gas Leasing and Revenue Sharing
Oil and gas leasing has been prohibited on most of the outer continental shelf (OCS) since the 1980s. Congress has enacted OCS leasing moratoria for each of fiscal years 1982-2006 in the annual Interior Appropriations bill, allowing leasing only in the Gulf of Mexico (except near Florida) and parts of Alaska. President George H.W. Bush in 1990 issued a Presidential Directive ordering the Department of the Interior not to conduct offshore leasing or preleasing activity in areas covered by the annual legislative moratoria until 2000. In 1998 President Clinton extended the offshore leasing...
Child Welfare: The Court Improvement Program
The Court Improvement Program (CIP) was enacted in 1993 (P.L. 103-66) to provide funds to eligible state highest courts to assess and make improvements to their handling of child welfare proceedings. Funding for the CIP was provided via a statutory set-aside from funding provided to state child welfare agencies for family preservation and family support services to children and families (Title IV-B, Subpart 2 of the Social Security Act). That set-aside, which totals $12.9 million for FY2006, will expire with FY2006. The Deficit Reduction Act of 2005 (P.L. 109-171) requires and encourages...
Oil and Gas Disruption From Hurricanes Katrina and Rita
Hurricanes Katrina and Rita shut down oil and gas production from the Outer Continental Shelf in the Gulf of Mexico, the source for 25% of U.S. crude oil production and 20% of natural gas output. Katrina, which made landfall on August 29, resulted in the shutdown of most crude oil and natural gas production in the Gulf of Mexico, as well as a great deal of refining capacity in Louisiana and Alabama, 554,000 barrels per day of which was still closed as of late October, 2005. Offshore oil and gas production was resuming when Hurricane Rita made landfall on September 24, and an additional 4.8...
The European Union in 2006 and Beyond
The European Union (EU) has experienced significant changes over the last few years. The EU has enlarged from 15 to 25 members and has been working to implement a new constitutional treaty to institute internal reforms and further political integration. The EU has also taken steps toward developing a common foreign policy and defense arm. This report describes the current status of the EU's constitutional treaty, EU enlargement, the EU's evolving foreign and defense policies, and possible implications for U.S.-EU relations. It will be updated as events warrant. For more information, see ...
Immigration Enforcement Within the United States
An estimated 11 million unauthorized aliens reside in the United States, and this population is estimated to increase by 500,000 annually. Each year, approximately 1 million aliens are apprehended trying to enter the United States illegally. Although most of these aliens enter the United States for economic opportunities and family reunification, or to avoid civil strife and political unrest, some are criminals, and some may be terrorists. All are violating the United States’ immigration laws.
Immigration enforcement is the regulation of those who violate provisions of the Immigration and...
Congress passed and the President signed a reconciliation bill (P.L. 109-171) to reduce mandatory spending by $39 billion between FY2006 and FY2010. A revenue reduction reconciliation bill (H.R. 4297) has not been enacted as of the date of this report. Many argue that tax and spending reductions will stimulate economic growth, whereas many others argue that tax cuts will lead to a larger deficit with adverse economic effects and that spending cuts will reduce critical government services. This report examines the effects of government spending and taxation on economic growth and economic...
Federal Excise Tax on Tires: Where the Rubber Meets the Road
The excise tax on tires was first levied in 1918 mainly because of revenue needs brought about by World War I. The tax was reduced after the war and then repealed in 1926. The levy was reintroduced during the Great Depression at a time when federal individual income tax revenues were plummeting and was increased to help finance World War II. A general reduction in rates was in the offing just before the outbreak of the Korean conflict but revenue needs brought about by that war prevented the lowering of rates. More recent history shows that in 1956 the rate of the tax was raised in...
China-Southeast Asia Relations: Trends, Issues, and Implications for the United States
Southeast Asia has been considered by some to be a region of relatively low priority in U.S. foreign and security policy. The war against terror has changed that and brought renewed U.S. attention to Southeast Asia, especially to countries afflicted by Islamic radicalism. To some, this renewed focus, driven by the war against terror, has come at the expense of attention to other key regional issues such as China's rapidly expanding engagement with the region. Some fear that rising Chinese influence in Southeast Asia has come at the expense of U.S. ties with the region, while others...
Internet Gambling: A Sketch of Legislative Proposals in the 108th and 109th Congresses
In the 109th Congress, two bills have been introduced regarding Internet gambling: H.R. 4411 , the Unlawful Internet Gambling Enforcement Act of 2005 (Representative Leach), and H.R. 4777 , the Internet Gambling Prohibition Act (Representative Goodlatte). H.R. 4411, which was approved by voice vote by the House Committee on Financial Services on March 15, 2006, seems to most closely track provisions set forth in two similar bills from the 108th Congress ( H.R. 21 and S. 627 ), as it contains both regulatory controls, criminal penalties, and civil remedies. H.R. 4411, however, moves...
The surge in domestic popularity of large sport utility vehicles (SUVs) since the early 1990s has stirred a debate over what steps the federal government should take, if any, to mitigate their effects on the environment, highway safety, traffic congestion, and U.S. dependence on foreign sources of oil. Legislative activity in the 108th Congress expanded the scope of the debate to include the ways in which the federal tax code encourages the purchase of heavy-duty SUVs, primarily for business use. In May 2003, Congress passed a measure (the Jobs and Growth Tax Relief Reconciliation Act of...
Bringing Peace to Chechnya? Assessments and Implications
Russia's then-Premier (and current President) Vladimir Putin ordered military, police, and security forces to enter the breakaway Chechnya region in September 1999, and these forces occupied most of the region by early 2000. The conflict has resulted in thousands of military and civilian casualties and the massive destruction of housing and infrastructure. Putin's rise to power and continuing popularity have been tied at least partly to his perceived ability to prosecute this conflict successfully. In the run-up to Russian legislative elections in December 2003 and a presidential election...
Medicare: FY2007 Budget Issues
This report discusses President's budget request to Congress for Medicare, for the following federal fiscal year, along with projections for the five-year budget window. The President’s 2007 budget includes Medicare legislative proposals for Part A (Hospital Insurance) and Part B (Supplementary Medical Insurance) spending with estimated savings of $2.5 billion in 2007 and $35.9 billion over the five-year budget window.
Permanent Normal Trade Relations (PNTR) Status for Ukraine and U.S.-Ukrainian Economic Ties
The 109th Congress passed legislation to grant Ukraine permanent normal trade relations (PNTR), that is nondiscriminatory, trade status. The importance of the issue had been elevated since the "Orange Revolution" in Ukraine that led to the election of Viktor Yushchenko as President of Ukraine. The issue before Congress was whether to remove the requirements of Title IV of the Trade Act of 1974, including the so-called Jackson-Vanik amendment, and authorize the President to extend unconditional nondiscriminatory treatment to trade with Ukraine. On March 8, 2006, the House passed (417-2) ...
Generalized System of Preferences
This report discusses the Generalized System of Preferences (GSP), which provides preferential tariff treatment to certain products that are imported from designated developing countries. The primary purpose of the program, which the United States and other industrial countries initiated in the 1970s, is to promote economic growth in developing countries and countries in transition by stimulating their exports. The program was last reauthorized through December 31, 2006, by the 107th Congress in section 4101 of the Trade Act of 2002 (P.L. 107-210).
The FCC's "a la Carte" Reports
The Federal Communications Commission (FCC) has released two reports on a la carte pricing of cable television networks that reach contradictory conclusions. The purpose of this report is to explain how these two reports reached differing conclusions and to analyze the different assumptions and calculations used in each.
Intercountry Adoption Act of 2000 and International Adoptions
The Intercountry Adoption Act of 2000 ( P.L. 106-279 , Oct. 6, 2000, 114 Stat. 825, "Act") provides the domestic legislation to enable the United States to implement the provisions of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("Convention"). At the same time that Congress passed the implementing legislation, the Senate was reviewing the Convention. Although the Senate approved the ratification of the Convention, the Convention has not been formally ratified and has not entered into force in the United States. The Department of State...
Uzbekistan's Closure of the Airbase at Karshi-Khanabad: Context and Implications
In late July 2005, Uzbekistan terminated an agreement permitting U.S. forces to use the Karshi-Khanabad (K2) airbase in the southern part of the country to support coalition military operations in Afghanistan. U.S. forces left the base by late November 2005. Major concerns include whether cooler security ties with Uzbekistan will set back the U.S.-led Global War on Terrorism and other U.S. interests in Central Asia. This report may be updated. Related products include CRS Report RS22161 , Unrest in Uzbekistan , by Jim Nichol.
U.S. Foreign Assistance to Latin America and the Caribbean
Trends in U.S. assistance to the Latin America and Caribbean region generally reflect the trends and rationales for U.S. foreign aid programs globally. Aid to the region increased during the 1960s with the Alliance for Progress and during the 1980s with aid to Central America. Since 2000, aid levels have increased, especially in the Andean region as the focus has shifted from Cold War issues to counternarcotics and security assistance. Current aid levels to Latin America and the Caribbean comprise about 11.8% of the worldwide FY2006 bilateral aid budget. Amounts requested for FY2007 would...
More than 80 benefit programs provide aid—in cash and noncash form—that is directed primarily to persons with limited or low income. Such programs constitute the public “welfare” system, if welfare is defined as income-tested or need-based benefits. This definition omits social insurance programs like Social Security and Medicare.
Income-tested benefit programs in FY2004 cost approximately $583 billion: $427 billion in federal funds and $156 billion in state-local funds (Table 1). Spending on these programs represented 18.6% of all federal spending, with medical aid accounting for 9% of...
The Earthquake in South Asia: Humanitarian Assistance and Relief Operations
On October 8, 2005, a powerful earthquake struck northern Pakistan and India, killing at least 74,000 people and injuring over 70,000 more. The earthquake damaged the homes of millions of people, forcing more than 2.8 million to search for alternative means of shelter. The full extent of the destruction is now being revealed as government authorities and relief organizations are able to access some of the remote locations. The United States government (USG) has pledged $510 million toward the relief effort, almost all of it to assisting Pakistan, which remains a key U.S. ally in the war...
State Securities Class Action Suits: Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit
The Second Circuit held that in certain instances the federal Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not preempt securities state class action suits. Four months after the Second Circuit decision, the Seventh Circuit took a very different approach to the issue. On March 21, 2006, the Supreme Court unanimously (Justice Alito took no part in consideration of the case.) vacated the judgment of the Second Circuit and held that the background, text, and purpose of SLUSA's pre-emption provision indicate that SLUSA pre-empts state law holder class action claims of the...
Military Recruiting and the Solomon Amendment: The Supreme Court Ruling in Rumsfeld v. FAIR
In recent years, many academic institutions have enacted rules that protect homosexuals from discrimination on campus. As a result, colleges, universities, and even high schools have sought to bar military recruiters from their campuses and/or to eliminate Reserve Officer Training Corps (ROTC) programs on campus because of “Don’t Ask, Don’t Tell,” the DOD policy excluding known or admitted homosexuals from military service. At the same time, federal legislation has been enacted to prevent the government from funding higher educational institutions that block military recruiters from...
Transnational Organized Crime: Principal Threats and U.S. Responses
This report examines the growing threat of transnational organized crime to U.S. national security and global stability. The end of the Cold War -- along with increasing globalization beginning in the 1990s -- has helped criminal organizations expand their activities and gain global reach. Criminal networks are believed to have benefitted from the weakening of certain government institutions, more open borders, and the resurgence of ethnic and regional conflicts across the former Soviet Union and many other regions. Transnational criminal organizations have also exploited expanding...
Space Launch Vehicles: Government Activities, Commercial Competition, and Satellite Exports
This report various sides of the debate related to domestic launch services, such as satellite export issues, the development of new launch vehicles by the private sector, and whether tax incentives or loan guarantees should be created for companies attempting to develop lower-cost launch vehicles.
Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments in Brief
Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 amends two federal terrorist assistance prohibitions. Those amendments were to expire on December 31, 2006, P.L. 108-458 , 118 Stat. 3762-764 (2004). P.L. 109-160 extended their expiration date until February 3, 2006, 119 Stat. 2957 (2005); P.L. 109-170 extended it yet again until March 10, 2006, 120 Stat. 3 (2006). Section 104 of the USA PATRIOT Improvement and Reauthorization Act and Terrorism Prevention Reauthorization Act ( H.R. 3199 ), made the amendments permanent, P.L. 109-177 , 120 Stat. 195 (2006)....
Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments
Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) temporarily amended two federal terrorist assistance prohibitions. Those amendments were to expire on December 31, 2006, P.L. 108-458, 118 Stat. 3762-764 (2004). P.L. 109-160 extended their expiration date until February 3, 2006, 119 Stat. 2957 (2005); P.L. 109-170 extended it yet again until March 10, 2006, 120 Stat. 3 (2006). Section 104 of the USA PATRIOT Improvement and Reauthorization Actand Terrorism Prevention Reauthorization Act (H.R. 3199), made the amendments permanent, P.L. 109-177, 120 Stat....
DOD's National Security Personnel System: Statute, Regulations, and Implementation Plans
Title XI of the National Defense Authorization Act for FY2004, P.L. 108-136 , includes provisions on a National Security Personnel System (NSPS) for the Department of Defense (DOD) and provisions on personnel management that are applicable government-wide. The law was enacted on November 24, 2003. Title XI, Subtitle A, of the law authorizes the Secretary of Defense and the Director of the Office of Personnel Management (OPM) to establish a new human resources management (HRM) system for DOD's civilian employees and to jointly prescribe regulations for the system. The Secretary and the...
Military Awards: Sources of Information
This report is intended for congressional use. It identifies sources of information on military awards and decorations, including the Department of Defense, other government agencies, and private organizations. It provides addresses, telephone numbers, and Web addresses. This report will be updated as needed.
Andean-U.S. Free-Trade Agreement Negotiations
In November 2003, the Administration notified Congress that it intended to begin negotiations on a free-trade agreement (FTA) with four Andean countries - Colombia, Peru, Ecuador, and Bolivia. The notification said that an FTA would reduce and eliminate foreign barriers to trade and investment and would support democracy and fight drug activity in the Andean region. The Andean governments wanted to ensure access to the U.S. market, especially since their current trade preferences will terminate at the end of 2006. In the United States, the business community indicated strong support for...
Recent Developments in Medicare Affecting Long-Term Care Hospitals
Medicare pays about $36 billion annually for post-acute care in four separate settings: long-term care hospitals (LTCHs), inpatient rehabilitation settings (IRFs), skilled nursing facilities (SNFs), and in the home. This report provides background information on several operational issues affecting LTCHs that are currently attracting attention from Congress, specifically efforts to develop a patient assessment tool, to develop qualification criteria that should be imposed on LTCHs, and to change Medicare’s LTCH payment methods.
Women in Iraq: Background and Issues for U.S. Policy
The issue of women’s rights in Iraq has taken on new relevance, following the U.S.-led invasion of Iraq in 2003, efforts to reconstruct Iraq, and recent elections for a Transitional National Assembly (TNA). Over the past three years, the Bush Administration has reiterated its interest in ensuring that Iraqi women participate in politics and ongoing reconstruction efforts in Iraq. There has also been a widening debate regarding the extent to which the U.S.-led reconstruction efforts have been able to enhance women’s rights in Iraq and encourage their participation in Iraq’s governing institutions.
The Endangered Species Act (ESA) protects species that are determined to be either endangered or threatened according to assessments of their risk of extinction. The ESA has not been reauthorized since September 30, 1992, and efforts to do so have been controversial and complex. Some observers assert that the current ESA is a failure because few species have recovered, and that it unduly and unevenly restricts the use of private lands. Others assert that since the act's passage, few species have become extinct, many have improved, and that restrictions to preserve species do not place a...
Methamphetamine Lab Clean-Up and Remediation Issues
Methamphetamine (meth), a drug with limited medical use and high potential for abuse and addiction, is a subject of widespread concern. Once associated mainly with the West Coast and white, male, blue-collar workers, illicit meth is now used by diverse population groups nationwide, with concentrations in the West, Southwest, and Midwest. Meth is supplied primarily by clandestine labs in California and Mexico. The drug is relatively simple to make from easily obtained recipes, but access to certain ingredients has become more difficult. Meth production in small, toxic labs (STLs) increased...
U.S.-India Bilateral Agreements and "Global Partnership"
India is enjoying rapidly growing diplomatic and economic clout on the world stage, and the course of its rise (along with that of China) is identified as one of the most important variables in 21st century international relations. In recognition of these developments, U.S. policy makers have sought to expand and deepen U.S. links with India. On July 18, 2005, President George W. Bush and Prime Minister Manmohan Singh issued a Joint Statement resolving to establish a “global partnership” between the United States and India through increased cooperation on numerous economic, security, and...
The Americans with Disabilities Act (ADA): The Definition of Disability
The threshold issue in any Americans with Disabilities Act (ADA) case is whether the individual alleging discrimination is an individual with a disability. The ADA definition is a functional one and does not list specific disabilities. This report discusses the definition of "disability." It also briefly discusses the Supreme Court's opinions and analyze how the lower courts are interpreting the Supreme Court's holdings.
The Crude Oil Windfall Profit Tax of the 1980s: Implications for Current Energy Policy
In April 1980, the federal government enacted the crude oil windfall profit tax on the U.S. oil industry. The main purpose of the tax was to recoup for the federal government much of the revenue that would have otherwise gone to the oil industry as a result of the decontrol of oil prices. Supporters of the tax viewed this revenue as an unearned and unanticipated windfall caused by high oil prices, which were determined by the OPEC (Organization of Petroleum Exporting Countries) cartel.
Despite its name, the windfall profit tax (WPT) was actually an excise tax, not a profits...
Arrest and Detention of Material Witnesses: A Sketch
The federal material witness statute provides that, “If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding [including a grand jury proceeding], and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142 of this title [relating to bail]. No material witness may be detained because of inability to comply with any condition of release if the testimony of such...
For more than a century, the federal government has constructed water resource projects for a variety of purposes, including flood control, navigation, power generation, and irrigation. Growing population and changing values have increased demands on water supplies and river systems, resulting in water use and management conflicts throughout the country, particularly in the West, where the population is expected to increase 30% in the next 20-25 years. Debate over western water resources revolves around the issue of how best to plan for and manage the use of this renewable, yet sometimes...
Energy Policy Act of 2005: Summary and Analysis of Enacted Provisions
The Energy Policy Act of 2005 ( P.L. 109-58 ), signed by President Bush on August 8, 2005, was the first omnibus energy legislation enacted in more than a decade. Spurred by rising energy prices and growing dependence on foreign oil, the new energy law was shaped by competing concerns about energy security, environmental quality, and economic growth. Major provisions in the bill include: Electricity. The Federal Energy Regulatory Commission (FERC) is authorized to certify a national electric reliability organization (ERO) to enforce mandatory reliability standards for the bulk-power...
Arrest and Detention of Material Witnesses: Federal Law In Brief
This is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken.
Witnesses at Congressional oversight hearings alleged that the authority to arrest and hold material witnesses until their appearance at federal criminal proceedings (including grand jury proceedings) had been abused following September 11, 2001. Section 12 of the USA PATRIOT Act and Terrorism Prevention...
Coverage of the TANF Population Under Medicaid and SCHIP
Health insurance is an important support for individuals receiving, leaving or diverted from the Temporary Assistance for Needy Families (TANF) welfare or cash assistance program for low-income families. Medicaid and SCHIP (State Children's Health Insurance Program) are key vehicles for providing such coverage. While there is no formal link between TANF and either Medicaid or SCHIP, some TANF-eligibles, especially children, are likely to qualify for one of these programs. But state eligibility rules can be complex and often differ for parents versus children, leaving some parents, in...
An Overview of the Administration's Strengthening America's Communities Initiative
For the second consecutive year, the Administration has included in its budget request, a proposal that would eliminate a number of federal economic and community development programs. Last year, the Administration's FY2006 budget recommendations included a proposal that would have consolidated the activities of at least 18 existing community and economic development programs into a two-part grant proposal called the "Strengthening America's Communities Initiative" (SACI). Responsibility for the18 programs now being carried out by five federal agencies (the Department of Housing and Urban...
Program evaluations can play an important role in public policy debates and in oversight of government programs, potentially affecting decisions about program design, operation, and funding. One technique that has received significant recent attention is the randomized controlled trial (RCT). There are also many other types of evaluation, including observational and qualitative designs.
An RCT attempts to estimate a program’s impact upon an outcome of interest (e.g., crime rate). An RCT randomly assigns subjects to treatment and control groups, administers an intervention to the treatment...
Comparison of Selected Senate Earmark Reform Proposals
In response to reports of, and concern over, alleged irregularities in certain lobbying and representational activities, the Senate is considering various lobby and ethics reform proposals. Some have argued that the Senate should consider changes to the process by which the Senate earmarks spending priorities as a part of the larger focus on lobby and ethics reform.
Proposals to modify the earmark processes have been included in some Senate bills. On February 28, 2006, for example, the Senate Committee on Rules and Administration ordered reported S. 2349 , Legislative Transparency and...
Fatah and Hamas: the New Palestinian Factional Reality
For the first time in its history, the Palestinian parliament is set to be led by Hamas, which the United States and European Union have designated a foreign terrorist organization. Although some lauded the generally free and fair election in January 2006, others criticized the outcome and accused Hamas of “hijacking” democracy. This report provides an overview of the new political realities in the West Bank and Gaza after the election, the challenges Fatah and Hamas face, and possible implications for U.S. policy.
Temporary Assistance for Needy Families (TANF) Block Grant: FY2007 Budget Proposals
The Deficit Reduction Act of 2005 (DRA, P.L. 109-171 ) extended funding for the Temporary Assistance for Needy Families (TANF) block grant through Fiscal Year (FY) 2010. It also made some changes in TANF work requirements and enacted new funding for healthy marriage promotion and responsible fatherhood initiatives. Though DRA "reauthorized" TANF and ended a four-year debate on proposed policy changes to the block grant, President Bush's FY2007 budget revives certain proposals from its earlier TANF reauthorization proposals. The FY2007 budget proposal would add additional funding for the...
Agriculture and FY2006 Budget Reconciliation
The Deficit Reduction Act of 2005 ( P.L. 109-171 , S. 1932 ), which was signed into law on February 8, 2006, contains net spending reductions of $2.7 billion over five years for USDA mandatory programs. Included in the total is a $1.7 billion reduction in farm commodity support program spending, a $934 million reduction in conservation spending, a $620 million reduction in a mandatory research program, and a $419 million cut in rural development programs, as scored by CBO over a five-year period (FY2006-FY2010). The measure also includes a two-year extension of a dairy income support...
"Superwaiver" Proposals in the Welfare Reform Debate
Welfare discussions in the current and past two Congresses have included consideration of an Administration-proposed "superwaiver" that would enable states and localities to waive rules of various welfare-related programs. Formally called Program Coordination Demonstration Projects, these waivers were included in the 109th Congress in long-term welfare reauthorization bills approved by a House Ways and Means subcommittee and the House Education and the Workforce Committee ( H.R. 240 ), the Senate Finance Committee ( S. 667 ), and in the House version of budget reconciliation ( H.R. 4241 )....
DOE Budget Earmarks: A Selective Look at Energy Efficiency and Renewable Energy R&D Programs
Appropriations earmarks for the Department of Energy's (DOE's) Energy Efficiency and Renewable Energy (EERE) programs have tripled from FY2003 to FY2006. According to the Executive Office of the President and the private American Association for the Advancement of Science (AAAS), this affects the conduct of programs and may delay the achievement of goals. Further, the Administration has proposed new funding for hydrogen, biomass/biorefinery, and solar energy initiatives proposed under the American Competitiveness Initiative/Advanced Energy Initiative (AEI). The report discusses the...
Diploma Mills: A Legal Overview
This report provides an analysis of state and federal laws regarding diploma mills, which offer students academic degrees for little or no meaningful academic work. Specifically, this report addresses the criminal, civil, and common law ramifications for both the manufacturers and distributors of phony degrees, as well as for the buyers and users of such degrees. This analysis does not address counterfeit degrees that purport to be from existing accredited universities, but rather focuses primarily on the legal issues surrounding phony degrees from entities that provide diplomas without...
Title I of the Workforce Investment Act of 1998 (WIA) (P.L. 105-220) authorizes several job training programs, including Youth, Adult, and Dislocated Worker Activities, Job Corps, the Native American Program, the Migrant and Seasonal Farmworker Program, and the Veterans’ Workforce Investment Program. This report briefly summarizes each WIA program, the FY2007 budget request, and for comparison, the FY2006 appropriation (P.L. 109-149).
In combination, patents and marketing exclusivities provide the fundamental framework of intellectual property incentives for pharmaceutical innovation in the United States. Patents, which are administered by the United States Patent and Trademark Office (USPTO), provide their owner with the ability to exclude others from practicing the claimed invention for a limited time. In contrast, marketing exclusivities are administered by the Food and Drug Administration (FDA). Alternatively known as “data exclusivity” or “data protection,” a marketing exclusivity prevents generic competitors from...
Federal Program Performance Review: Program Assessment and Results Act and Other Developments
On January 4, 2005, H.R. 185 , the Program Assessment and Results Act (PARA), was introduced, to require the Office of Management and Budget (OMB) to review government programs at least once every five years for purposes of evaluating their performance. The bill would amend the Government Performance and Results Act of 1993 ( P.L. 103-62 , known as GPRA), to create a statutory process resembling the Program Assessment Rating Tool (PART), first used by OMB during preparation of the FY2004 budget. H.R. 185 would not, however, mandate the use of PART specifically. On March 10, 2005, the...
The Department of Housing and Urban Development (HUD): FY2006 Budget
In February 2005, a House Appropriations Committee reorganization plan abolished the Veterans Affairs, Department of Housing and Urban Development (HUD), and Independent Agencies Subcommittee, sending HUD to a new Treasury, Transportation, Judiciary, Housing and Urban Development, District of Columbia and Related Agencies Subcommittee. A similar but not identical change was made in the Senate, creating the Transportation, Treasury, HUD Subcommittee. On February 7, 2005, the Administration submitted a $29.1 billion FY2006 budget request for HUD, which is 9% less than was provided in...
China and the CNOOC Bid for Unocal: Issues for Congress
The bid by the China National Offshore Oil Corporation (CNOOC) to acquire the U.S. energy company Unocal for $18.5 billion raised many issues with U.S. policymakers. This report provides an overview and analysis of the CNOOC bid, U.S. interests, implications for U.S. energy security, U.S. investment in the PRC’s (People’s Republic of China’s) oil industry, the process for reviewing the security and other implications of foreign investment in the United States, Congressional activity, and a listing of unresolved issues.
Civil Charges in Corporate Scandals
Since the collapse of Enron Corp. in late 2001, there has been a series of scandals involving major U.S. corporations. This report lists civil suits filed by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their officers or employees that fit within the Enron pattern. That is, these are cases that allege one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interest between firms and financial advisors (or Wall Street firms and their...
Federal Food Assistance in Disasters: Hurricanes Katrina and Rita
The Food Stamp program, child nutrition programs, and federally donated food commodities delivered through relief organizations provide major support in disasters like Hurricanes Katrina and Rita. Existing laws authorize the Agriculture Department to change eligibility and benefit rules to facilitate emergency aid, and, in the short term, funding and federally provided food commodities are available without the need for additional appropriations. With regard to the Katrina and Rita hurricanes, numerous food assistance program rules were waived -- e.g., granting one to three months of food...
The Exon-Florio National Security Test for Foreign Investment
The proposed acquisition of major operations in six major U.S. ports by Dubai Ports World and of Unocal by the China National Offshore Oil Corporation sparked intense concerns among some Members of Congress and the public and has reignited the debate over what role foreign acquisitions play in U.S. national security. The United States actively promotes internationally the national treatment of foreign firms. Several Members of Congress have introduced various measures during the 2nd Session of the 109th Congress that can be grouped into four major areas: those that deal specifically with...
Labor, Health and Human Services, and Education: FY2006 Appropriations
This report tracks FY2006 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and 14 related agencies. The report, which will be updated, summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
On February 7, 2005, the President submitted the FY2006 budget request to Congress, including $141.7 billion in discretionary L-HHS-ED funds; the comparable FY2005 appropriation was $143.5 billion, enacted...
Trade Issues in the 109th Congress: Policy Challenges and Opportunities
The second session of the 109th Congress is expected to face an extensive trade agenda consisting of a wide range of issues. In some respects these issues are distinct, each with its own policy and economic implications. In other respects the issues are interrelated. They have emerged from common sets of domestic political, foreign policy, and economic factors and affect or are affected by the concerns of Members of Congress, of other policymakers and of many interest groups. These issues and how policymakers deal with them will define overall U.S. trade policy. During the first session,...
"Bunker Busters": Robust Nuclear Earth Penetrator Issues, FY2005-FY2007
Earth penetrator weapons, often called "bunker busters," burrow into the ground some tens of feet before detonating, greatly increasing their ability to destroy buried targets. The United States has several types of conventional earth penetrators. The current U.S. nuclear earth penetrator, the B61-11 bomb, cannot penetrate certain types of terrain in which hardened underground facilities may be located, so the Air Force and the National Nuclear Security Administration (NNSA) are studying a more effective penetrator, the Robust Nuclear Earth Penetrator (RNEP). While Secretary of Defense...
U.S. Intelligence and Policymaking: The Iraq Experience
A continuing issue for Congress is the question of whether the U.S. Intelligence Community failed to provide accurate information about Iraqi capabilities to develop and use weapons of mass destruction (WMD) and whether the Bush Administration systematically misused intelligence to garner support for launching Operation Iraqi Freedom in March 2003 and for continuing military operations in Iraq. The Senate Intelligence Committee submitted a report on the Intelligence Community's performance in July 2004 ( S.Rept. 108-301 ), but a follow-on assessment of the use of intelligence has not been...
Ad Hoc Select Committees: Use in the House of Representatives
A select committee is generally created to focus on a specific, significant issue. Although not extensively used in recent years, select committees have been employed when jurisdiction over a subject matter is so fragmented or overlapping that no single committee has a clearly established leading jurisdictional authority. As such, the development of a coordinated approach may only be possible through the use of a select committee. An ad hoc select committee is a type of select panel that is usually formed for a single purpose to deal with a specific subject. This report describes...
Income Tax Relief in Times of Disaster
Income tax relief in times of disaster is varied, but typically includes several key provisions in the federal tax code. These provisions include a deduction for casualty losses, the postponement of filing deadlines, and the abatement of interest and/or fees. Generally, individuals and businesses can claim an income tax deduction for casualty losses. When the casualty losses occur in a presidentially declared disaster area special tax provisions come into play. For example, taxpayers can shorten the amount of time it takes to receive an income tax refund by filing an amended tax return...
Morocco-U.S. Free Trade Agreement
The United States and Morocco reached agreement on March 2, 2004 to create a free trade agreement (FTA). The Senate approved implementing legislation (S. 2677) on July 2, 2004 by a vote of 85-13 and the House approved identical legislation (H.R. 4842) on July 22, 2004 by a vote of 323-99. The next day, the Senate passed House approved H.R. 4842 without amendment by unanimous consent. The legislation was signed by President Bush into law (P.L. 108-302) on August 3, 2004. The agreement entered into force on January 1, 2006, a year later than planned due to the need for Morocco’s Parliament...
Historic Preservation: Federal Laws and Regulations Related to Hurricane Recovery and Reconstruction
Various federal laws and related regulations provide guidance for the preservation of historic properties, objects, historic areas, and battlefields. While many of these laws and regulations impose specific responsibilities for the preservation and maintenance of historic properties and objects, there are often exceptions to these obligations. These exceptions may be implemented in order to deal with emergency and/or natural disaster situations. In the aftermath of Hurricanes Katrina and Rita and the destruction experienced in the Gulf Region, these preservation laws and their exceptions...
The FY2007 Budget Request for the U.S. Department of Agriculture (USDA)
The Administration’s FY2007 budget request for the U.S. Department of Agriculture (USDA) includes $96.4 billion in budget authority. Proposed discretionary budget authority would fall 10% from FY2006 levels to $19.7 billion ($21.5 billion outlays). Mandatory outlays would remain nearly steady at $71 billion, and be affected by program changes in farm commodity subsidies and food stamps. Some foreign food assistance funds could be used to make purchases in foreign markets. Many congressionally earmarked research projects would be eliminated, and competitive peer-review funded research would...
Homeland Security: Protecting Airliners from Terrorist Missiles
Recent events have focused attention on the threat that terrorists with shoulder fired surface-to-air missiles (SAMs), referred to as Man-Portable Air Defense Systems (MANPADS), pose to commercial airliners. Most believe that no single solution exists to effectively mitigate this threat. Instead, a menu of options may be considered, including installing infrared (IR) countermeasures on aircraft; modifying flight operations and air traffic control procedures; improving airport and regional security; and strengthening missile non-proliferation efforts. Equipping aircraft with...
Spectrum Auctions and Deficit Reduction: FY2006 Budget Reconciliation
Congressional policymakers are seeking a way to accelerate the nation’s transition to digital television (DTV) and to expedite the transfer of certain radio frequency channels from the broadcast industry to public safety and commercial users no later than 2009. The Congressional Budget Office has informally estimated a value of $12.5 billion from auction proceeds for these commercial channels; many believe the amount could be higher. Broadcasters are holding this valuable spectrum (channels 52-69) but would be required to relinquish it after the transition to DTV is achieved. Without a...
Prevailing Wage Requirements and the Emergency Suspension of the Davis-Bacon Act
On September 8, 2005, President Bush issued a Proclamation suspending the application of the Davis-Bacon Act to all contracts to be performed in specified jurisdictions in Alabama, Florida, Louisiana, and Mississippi included in the Hurricane Katrina disaster area. The Proclamation permitted the payment of less than the locally prevailing wage on contracts entered into after September 8, 2005 for the construction or repair of public buildings and public works in the affected area. Although concern over the validity and effect of the Proclamation arose soon after its issuance, that concern...
Mexico-United States Dialogue on Migration and Border Issues, 2001-2006
This report, which will be updated periodically, focuses on the interactions between Mexico and the United States on migration and border issues during the administrations of President George W. Bush and President Vicente Fox of Mexico These interactions are increasingly tense in 2006 due to violence in the border region and debate over U.S. immigration reform. The discussions and agreements fall into four areas: (1) the bilateral migration talks, (2) the Partnership for Prosperity, (3) the Border Partnership Agreement, and (4) the trilateral “Security and Prosperity Partnership (SPP) of...
The Digital TV Transition: A Brief Overview
During the first session of the 109th Congress, policymakers sought to accelerate the nation’s transition to digital television and to expedite the transfer of radio frequency channels from the broadcast industry to public safety and commercial users no later than 2009. Broadcasters are holding spectrum in the 700 megahertz (MHZ) band (channels 52-69) that they would be required to relinquish after the transition to digital television (DTV) is achieved. Without a hard deadline, the transition to digital television has been postponed. Meanwhile, public safety officials want 700 MHZ spectrum...
As state, local, and federal officials respond to Hurricane Katrina and its aftermath, there has been discussion regarding whether environmental regulations might slow or impede response efforts, and whether Congress needs to provide authority to waive environmental regulations in order to speed response to and recovery from the hurricane and subsequent flooding.
Responding to these concerns, on September 16, 2005, Senator Inhofe, the Chairman of the Senate Environment and Public Works Committee, and Senator Vitter of Louisiana introduced S. 1711 , to allow the Environmental...
Student Loans and FY2006 Budget Reconciliation
The FY2006 budget resolution ( H.Con.Res. 95 , H.Rept. 109-62 ) contains reconciliation instructions that require authorizing committees to report legislation to reduce mandatory spending by $34.7 billion over a five-year period. Under these instructions, the House Committee on Education and the Workforce is responsible for a reduction of $12.7 billion for FY2006 through FY2010. The Senate Committee on Health, Education, Labor, and Pensions is responsible for a reduction of $13.7 billion over that period. These committees were required to report reconciliation recommendations to their...
The Gulf Opportunity Zone Act of 2005
The Gulf Opportunity Zone Act of 2005 (H.R. 4440) was signed into law on December 22, 2005 (P.L. 109-135). The act provides tax benefits to assist in the recovery from Hurricanes Katrina, Rita, and Wilma. Some of its provisions expand several sections of the Katrina Emergency Tax Relief Act (KETRA, P.L. 109-73) to apply to victims of Hurricanes Rita and Wilma. This report summarizes the act’s provisions dealing with hurricane relief.
For more information on P.L. 109-73, see CRS Report RS22269, Katrina Emergency Tax Relief Act of 2005, by Erika K. Lunder.
Child Support Provisions in the Deficit Reduction Act of 2005 (P.L. 109-171)
Among other things, P.L. 109-171 (the budget reconciliation measure, now referred to as the Deficit Reduction Act of 2005 -- S. 1932 ) made a number of changes to the Child Support Enforcement (CSE) program. The act will reduce the federal matching rate for laboratory costs associated with paternity establishment from 90% to 66%, end the federal matching of state expenditures of federal CSE incentive payments reinvested back into the program, and require states to assess a $25 annual user fee for child support services provided to families with no connection to the welfare system. P.L....
Changes to Section 8 Housing Voucher Renewal Funding, FY2003-FY2006
This report describes changes in the formula that were included in appropriations bills for FY2003 through FY2006; it will not be updated.
Global Climate Change: Federal Research on Possible Human Health Effects
This report identifies the array of climate-relevant human health research and discusses the interconnections.
Internet Development and Information Control in the People's Republic of China
Since its founding in 1949, the People's Republic of China (PRC) has exerted great effort in manipulating the flow of information and prohibiting the dissemination of viewpoints that criticize the government or stray from the official Communist party view. The introduction of Internet technology in the mid-1990's presented a challenge to government control over news sources, and by extension, over public opinion. While the Internet has developed rapidly, broadened access to news, and facilitated mass communications in China, many forms of expression online, as in other mass media, are...
On August 5, 2004, the United States signed the U.S.- Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) with five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and the Dominican Republic. DR-CAFTA could have a significant effect on U.S. relations with the region by establishing a permanent reciprocal trade preference arrangement among the signatory countries. The House and Senate passed the required implementing legislation ( H.R. 3045 ) for DR-CAFTA in July 2005, and President Bush signed it into law ( P.L. 109-53 ) on August 2,...
Funding for Public Charter School Facilities: Federal Policy Under the ESEA
This report examines the federal role in providing funding for public charter school facilities. Under the Elementary and Secondary Education Act (ESEA), federal support for public charter school facilities is authorized under Title V-B -- Public Charter Schools. It includes background on the topic and on current facilities, as well as relevant federal policy and federal programs authorized under the Internal Revenue Code.
The Davis-Bacon Act: Suspension
The Davis-Bacon Act is one of several statutes that deals with federal government procurement. (See also the Walsh-Healey Act of 1936 and the McNamara-O'Hara Service Contract Act of 1965.) Enacted in 1931, Davis-Bacon requires, inter alia , that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. The act does not deal directly with non-federal construction. In addition to the act per se , the prevailing wage principle has been incorporated within a series of federal program statutes through the years. And, many states have enacted...
Tax Credits for Individual Development Accounts
An individual development account (IDA) is a structured savings instrument for lower income individuals. This report discusses legislation introduced in the 108th Congress to establish IDA programs utilizing tax benefits to encourage program development.
Physician-Assisted Suicide and the Controlled Substances Act: Gonzales v. Oregon
The state of Oregon's Death with Dignity Act (ODWDA) is the first and only state law in the nation that legalizes physician-assisted suicide. The ODWDA permits Oregon physicians to prescribe a lethal dose of medication to mentally competent, terminally ill patients, who then may voluntarily elect to hasten their death. Under the Controlled Substances Act (CSA), a federal law that regulates the legal and illicit manufacture, distribution, and possession of drugs, a physician may prescribe controlled substances to patients only for a "legitimate medical purpose." In 2001, then-U.S. Attorney...
Presidential creation of national monuments under the Antiquities Act of 1906 often has been contentious. Controversy was renewed over President Clinton’s creation of 19 monuments and expansion of 3 others. Issues have related to the size of the areas and types of resources protected, the inclusion of non-federal lands within monument boundaries, restrictions on land uses, and the manner in which the monuments were created. The Bush Administration reviewed President Clinton’s monument actions and continues to develop management plans for some of the monuments. Congress has considered...
USA PATRIOT Act Sunset: Provisions That Were to Expire on December 31, 2005
Several sections of Title II of the USA PATRIOT Act (the act) and one section of the Intelligence Reform and Terrorism Prevention Act each relating to enhanced foreign intelligence and law enforcement surveillance authority were to expire on December 31, 2005; their expiration date has been postponed until March 10, 2006. The authority remains in effect only with respect to foreign intelligence investigations begun before sunset or to offenses or potential offense begun or occurring before that date. Aside from the fact there may be some disagreement of whether a “potential offense” is a...
Medicare Prescription Drug Benefit: An Overview of Implementation for Dual Eligibles
This report provides background information on the early stages of the implementation of the Medicare Part D outpatient prescription drug program. This report describes certain policies and implementation issues related to those who are not dually eligible.
USA PATRIOT Act Sunset: A Sketch
Several sections of Title II of the USA PATRIOT Act (the act) and one section of the Intelligence Reform and Terrorism Prevention Act, each relating to enhanced foreign intelligence and law enforcement surveillance authority, were to expire on December 31, 2005. Both Houses have passed amendments and extensions (H.R. 3199) and a conference report has been issued. Expiration of the sections has been postponed until March 10, 2006 to allow for consideration of the conference report (H.R. 4659). If the sections are not extended, their authority remains in effect only as it relates to foreign...
Tax Benefits for Health Insurance: Current Legislation
This report discusses a variety of potential proposals to change the tax benefits for health insurance and medical expenses, including measures that would expand the availability and attractiveness of health savings accounts (HSAs), or employer tax credits.
Brazilian Trade Policy and the United States
As the largest and one of the most influential countries in Latin America, Brazil has emerged as a leading voice for developing countries in setting regional and multilateral trade agendas. The United States and Brazil have cultivated a constructive relationship in pursuit of their respective efforts to promote trade liberalization, including attempting to broker a compromise with the European Union in the World Trade Organization (WTO) Doha Round and forming bilateral working groups on trade (and other) issues. Still, they approach trade policy quite differently, are at odds over how to...
Libraries and the USA PATRIOT Act
The USA PATRIOT Act, P.L. 107-56 , enacted to help track down and punish terrorists and to prevent further terrorism, contains no provisions specifically directed at libraries or their patrons. It has several provisions, however, that might apply in a library context. The most frequently mentioned of these is Section 215, which amends the business record sections of the Foreign Intelligence Surveillance Act (FISA). On December 22, 2005, the House and Senate enacted a bill ( S. 2167 ) that extended the sunset of certain provisions of the USA PATRIOT Act (including section 215), originally...
Interior, Environment, and Related Agencies: FY2006 Appropriations
The FY2006 Interior, Environment, and Related Agencies appropriations bill includes funding for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for two agencies within other departments—the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also includes funding for arts and cultural agencies; the Environmental Protection Agency, which was newly-transferred to the Appropriations subcommittees that deal with Interior and Related Agencies; and numerous other entities and...
Jamaica: Political and Economic Conditions and U.S. Relations
Although Jamaica has a stable parliamentary democracy and is a middle-income developing country, the government of Prime Minister P.J. Patterson faces several significant challenges. These include a violent crime wave fueled by gangs and drug trafficking; high external debt, estimated at 135% of gross domestic product, that could constrain the government's social expenditures; and an adult HIV/AIDS infection rate of over 1%. U.S. relations with Jamaica are close and characterized by significant economic linkages and cooperation on such bilateral issues as anti-drug trafficking measures,...
FEMA's Flood Hazard Map Modernization Initiative
This report discusses the the National Flood Insurance Program (NFIP), which required the Flood Insurance Administration in the Department of Housing and Urban Development to produce countywide “Flood Insurance Rate Maps,” or FIRMs, to set federal flood insurance premiums based on flood risk.
Drug Control: International Policy and Approaches
Over the past decade, worldwide production of illicit drugs has risen dramatically: opium and marijuana production has roughly doubled and coca production tripled. Street prices of cocaine and heroin have fallen significantly in the past 20 years, reflecting increased availability. Despite apparent national political resolve to deal with the drug problem, inherent contradictions regularly appear between U.S. anti-drug policy and other national policy goals and concerns. The mix of competing domestic and international pressures and priorities has produced an ongoing series of disputes...
The Continued Dumping and Subsidy Offset Act ("Byrd Amendment")
The Continued Dumping and Subsidy Offset Act (CDSOA), commonly known as the "Byrd Amendment," is a U.S. law providing for the distribution of import duties collected as a result of antidumping (AD) or countervailing duty (CVD) orders to petitioners and other interested parties in the investigations that resulted in the orders. CDSOA disbursements amounted to $231 million in FY2001, $330 million in FY2002, $190 million in FY2003 (with an additional $50 million held in reserve pending the outcome of a legal challenge), and $284 million in FY2004. The CDSOA was successfully challenged in a...
Nuclear Weapons Complex Reconfiguration: Analysis of an Energy Department Task Force Report
Congress annually funds the nuclear weapons complex (the Complex), those sites that develop, maintain, manufacture, and dismantle nuclear weapons. In hearings held in 2004, the House Appropriations Committee pressed the Secretary of Energy "for a systematic review of requirements for the weapons complex over the next twenty-five years." The committee expressed its concern that the Complex is not well suited to the post-Cold War situation, and should reflect presidential decisions on the stockpile as well as issues of cost, security, and Complex size. In response, the Nuclear Weapons...
Federal Research and Development Funding: FY2006
The Bush Administration requested $132.4 billion in federal research and development (R&D) funding for FY2006. This sum represents a $400 million increase over the FY2005 estimated funding level of $132 billion. CRS estimates that Congress has approved a record $135.7 billion for federal R&D in FY2006, a 2.8% increase over the FY2005 estimated funding level. However, nearly all of that increase can be attributed to increases in defense weapons systems and the National Aeronautics and Space Administration's $877 million increase for human space exploration technology. (1) (See Table 13) ...
The United States currently maintains the following economic sanctions against China:
limits on U.S. foreign assistance;
U.S. “No” votes or abstention in the international banks;
ban on Overseas Private Investment Corporation
programs;
ban on export of defense articles or defense services;
ban on import of munitions or ammunition;
ban on procurement of goods and services listed on the munitions list in the
International Trafficking in Arms Regulations;
denial of Generalized System of Preferences status;
substantial export controls on dual-use items,...
China: Suspected Acquisition of U.S. Nuclear Weapon Secrets
This CRS Report discusses China’s suspected acquisition of U.S. nuclear weapon secrets, including that on the W88, the newest U.S. nuclear warhead. This serious controversy became public in early 1999 and raised policy issues about whether U.S. security was further threatened by China’s suspected use of U.S. nuclear weapon secrets in its development of nuclear forces, as well as whether the Administration’s response to the security problems was effective or mishandled and whether it fairly used or abused its investigative and prosecuting authority. The Clinton Administration acknowledged...
Oil and Gas Leasing in the Arctic National Wildlife Refuge (ANWR): The 2,000-Acre Limit
Congress is again considering whether to permit drilling for oil and gas on the coastal plain of the Arctic National Wildlife Refuge (ANWR), Alaska, or to maintain the current statutory prohibition on oil and gas development in the Refuge. The 109th Congress has considered the issue in authorizing bills, budget reconciliation bills, and an appropriation bill, but legislation opening the Refuge has not yet passed both chambers. Several measures would have limited the surface area that could be covered by certain oil production and support facilities to 2,000 acres of the 1.5 million acres...
Liquefied Natural Gas (LNG) in U.S. Energy Policy: Infrastructure and Market Issues
Liquefied natural gas (LNG) imports to the United States are increasing to supplement domestic gas production. Recent actions by Congress and federal agencies have promoted greater LNG supplies by changing regulations, clarifying siting authorities, and streamlining the approval process for LNG import terminals. Were these policies to continue and gas demand to grow, LNG might account for as much as 21% of U.S. gas supply by 2025, up from 3% in 2005. Congress is examining the infrastructure and market implications of greater U.S. LNG demand.
There are concerns about how LNG capacity...
China's Space Program: An Overview
The People’s Republic of China successfully completed its second human spaceflight mission on October 17, 2005. China is only the third country, after Russia and the United States, able to launch people into space. Its first human spaceflight was in 2003 when a single astronaut, or “taikonaut,” made a flight lasting slightly less than a day. The 2005 flight lasted five days, and involved two taikonauts. As the United States embarks upon President Bush’s “Vision for Space Exploration” to return astronauts to the Moon by 2020 and someday send them to Mars, some may view China’s entrance into...
From the summary: "This report provides a comparison of Medicare, Medicaid and State Child Health Insurance Program provisions contained in the Deficit Reduction Act of 2005 (S. 1932) as amended and passed by the Senate. The report compares the bill's provisions with current law."
Military Space Programs: Issues Concerning DOD's SBIRS and STSS Programs
The Department of Defense’s (DOD’s) programs to develop new satellites to alert U.S. military commanders to foreign missile launches, and to support missile defense objectives, are controversial because of cost growth and schedule slippage. SBIRS-High, managed by the Air Force, would replace existing Defense Support Program “early warning” satellites. The Space Tracking and Surveillance System (STSS, formerly SBIRS-Low), managed by the Missile Defense Agency, would perform missile tracking and target discrimination for missile defense objectives. The SBIRS-High program has breached...
This report provides short answers to commonly asked questions about military personnel, compensation, and force structure issues related to Operation Noble Eagle (ONE), Operation Enduring Freedom (OEF), and Operation Iraqi Freedom (OIF). Operation Noble Eagle is the name given to military operations related to homeland security and support to federal, state, and local agencies in the wake of the September 11 attacks. Operation Enduring Freedom includes ongoing operations in Afghanistan, operations against terrorists in other countries, and training assistance to foreign militaries which...
Federal Tax Benefits for Families’ K-12 Education Expenses in the Context of School Choice
This report focuses on proposals offered to amend the federal income tax code to subsidize the expenses of families with children enrolled in the K-12 school of their choice. It begins with a discussion of K-12 education reform efforts to provide a context for the proposed tax subsidies. Next, it reviews existing federal tax provisions that could help families pay for the cost of their children’s K-12schooling. The report then analyzes the kind of proposals that have been introduced to expand existing federal tax benefits or to authorize new ones for families incurring K-12 education expenses.
Agriculture and Related Agencies: FY2006 Appropriations
The President signed the FY2006 Agriculture Appropriations Act (P.L. 109-97, H.R. 2744) into law on November 10, 2005. The act includes all of the U.S. Department of Agriculture (except the Forest Service), plus the Food and Drug Administration, and the Commodity Futures Trading Commission. The $100.1 billion law is $15.0 billion (+18%) above FY2005 levels, and contains $17.03 billion in discretionary spending and $83.07 billion for mandatory programs. The discretionary amount is $199 million (+1.2%) above FY2005 levels, $201 million (+1.2%) more than the House bill, and $317 million...
The annual Foreign Operations appropriations bill in the House, and the State, Foreign Operations measure in the Senate are the primary legislative vehicles through which Congress reviews the U.S. international affairs budgets and influences executive branch foreign policy making generally. They contain the largest shares—the House bill, about two-thirds; the Senate bill, about 97%—of total U.S. international affairs spending.
Funding for Foreign Operations and State Department/Broadcasting programs have been rising for five consecutive years, while amounts approved in FY2004 reached an...
Military Aviation: Issues and Options for Combating Terrorism and Counterinsurgency
By all accounts, the U.S. military dominates state-on-state conflict. In the past, non-state actors (terrorists, guerrillas, drug traffickers) appeared to be less threatening to U.S. national security than the well funded, well organized, and potent armed forces of an enemy nation-state. The terrorist attacks of September 11, 2001 illustrate, however, that small groups of non-state actors can exploit relatively inexpensive and commercially available technology to conduct very destructive attacks over great distances. Today's U.S. armed forces were developed principally with state-on-state...
Charitable Choice: Legal and Constitutional Issues
This report provides analysis of a number of factual, civil rights, and constitutional questions that have been raised regarding charitable choice in general. The analysis is generally focused on those provisions enacted as part of the 1996 welfare reform law. More recent charitable choice rules may give rise to the same or similar concerns. Primarily, this report focuses on civil rights concerns that have arisen in the context of charitable choice and First Amendment issues, as well as recent legal developments related to charitable choice.
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2006 Assistance
In 2005, Congress considered a number of issues relating to the Andean region and drug trafficking, including continued funding for the Andean Counterdrug Initiative (ACI) and conditions on U.S. assistance. In addition to ACI, Andean countries benefit from Foreign Military Financing (FMF), International Military Education and Training (IMET) funds, and other types of economic aid. Congress continues to express concern with the volume of drugs readily available in the United States and elsewhere in the world. The three largest producers of cocaine are Colombia, Bolivia, and Peru. Ninety...
This report provides facts and statistics about Social Security that are frequently requested by Members of Congress and their staffs. It includes information about Social Security taxes and benefits, the program's impact on its recipients' incomes, federal tax receipts, federal spending and the economy, administrative information, and selected facts about Medicare.
European Union's Arms Embargo on China: Implications and Options for U.S. Policy
The European Union (EU) has been considering lifting its arms embargo on China, which was imposed in response to the June 1989 Tiananmen Crackdown. France, Germany, and other EU members claim that the embargo hinders the development of a "strategic partnership" with China. The Bush Administration and Members of Congress strongly oppose an end to the EU's arms embargo and urge stronger arms export controls. The United States contends that engagement with China need not send the wrong signals on China's human rights record and military buildup that threatens a peaceful resolution of Taiwan...
Internet Privacy: Overview and Legislation in the 109th Congress, 1st Session
Internet privacy issues encompass several types of concerns. One is the collection of personally identifiable information (PII) by website operators from visitors to government and commercial websites, or by software that is surreptitiously installed on a user’s computer (“spyware”) and transmits the information to someone else. Another is the monitoring of electronic mail and Web usage by the government or law enforcement officials, employers, or email service providers.
The September 11, 2001 terrorist attacks intensified debate over the issue of monitoring by the government and law...
Leasing and Permitting for Oil and Gas Development on Federal Public Domain Lands
A variety of statutes and agency regulations govern leasing and permitting for oil and gas
development on federal lands. This report first explains the legal framework for oil and gas leasing
and development on federal "public domain" lands, which involves an overview of the following:
laws and regulations affecting which public domain lands are potentially
subject to oil and gas leasing;
development of Resource Management Plans;
competitive and noncompetitive oil and gas leasing
processes;
terms and conditions of oil and gas leases; and
the process surrounding...
U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program
Congress first mandated that the former Immigration and Naturalization Service (INS) implement an automated entry and exit data system that would track the arrival and departure of every alien in §110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The objective was, in part, to develop a mechanism that would be able to track nonimmigrants who overstayed their visas as part of a broader emphasis on immigration control. Following the September 11, 2001 terrorist attacks there was a shift in priority for implementing the system. While the tracking of...
Protecting New Orleans: From Hurricane Barriers to Floodwalls
Breached floodwalls in downtown New Orleans during Hurricane Katrina caused significant flooding. Unlike most of the flooding in coastal Louisiana which resulted from water flowing over levees and floodwalls as the storm’s surge exceeded the structures’ height, preliminary evidence suggests that three downtown New Orleans breaches occurred before their design was exceeded. That is, these downtown breaches resulted not from structures weakened by overtopping, but from the failure of the floodwalls and their foundations. Findings of ongoing investigations into the causes of the floodwall...
U.S. Military Overseas Basing: New Developments and Oversight Issues for Congress
On August 16, 2004, President Bush announced a program of sweeping changes to the numbers and locations of military basing facilities at overseas locations, now known as the Integrated Global Presence and Basing Strategy (IGPBS) or Global Posture Review. Roughly 70,000 personnel would return from overseas locations from Europe and Asia to bases in the continental United States (CONUS). Other overseas forces would be redistributed within current host nations such as Germany and South Korea, while new bases would be established in nations of Eastern Europe, Central Asia, and Africa. In the...
High Performance Computers and Export Control Policy: Issues for Congress
Congress has a strong interest in export control policy with regard to technologies that may have both commercial and military applications outside of the United States. Through its constitutionally delegated authority to regulate foreign commerce, Congress has the authority to control exports for national security or foreign policy purposes. This report examines congressional interest in the exportation of High Performance Computers, which are either single computing machines (usually called supercomputers) or a cluster of easily available, high-end workstations or personal computers.
President Bush remarked in 2005 that "[Nuclear Nonproliferation Treaty] NPT Parties must take strong action to confront the threat of noncompliance with the NPT...We cannot allow rogue states that violate their commitments...to undermine the NPT's fundamental role in strengthening international security." North Korea and Iran pose two clear compliance challenges to the treaty. However, some NPT parties are adamant that the United States and other nuclear weapon states are not complying with their own obligations to pursue nuclear disarmament. This report, which will be updated as needed,...
Trade Integration in the Americas
Since the 1990s, the countries of Latin America and the Caribbean have been a focus of United States trade policy, as demonstrated by the passage of the North American Free Trade Agreement (NAFTA), the U.S.-Chile Free Trade Agreement, and, more recently, the Central America-Dominican Republic Free Trade Agreement (CAFTA-DR). The Bush Administration has made trade agreements important elements of U.S. trade policy. The United States currently is in the process of completing trade negotiations with Andean countries for a free trade agreement (FTA) and on reactivating talks for a U.S.-Panama...
The Treasury Department performs a host of critical functions as a federal agency. Foremost among them are protecting the nation’s financial system from a variety of financial crimes, administering the tax code and collecting tax revenue, managing and accounting for the public debt, administering the government’s finances, and regulating and supervising financial institutions.
This report examines the President’s budget request for Treasury and the Internal Revenue Service (IRS) in FY2006, some of the key policy issues it raised, and congressional action on the request. It will not be...
Interrogation of Detainees: Overview of the McCain Amendment
This report discusses the recent controversy that has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic...
Homeland Security Department: FY2006 Appropriations
This report describes the FY2006 appropriations for the Department of Homeland Security (DHS). The Administration requested a net appropriation of $30.6 billion in net budget authority for FY2006, of which $29.6 billion is discretionary budget authority, and $1 billion is mandatory budget authority. P.L. 109-90 was signed into law on October 18, 2005, and provides a net appropriation of $31.9 billion for DHS and $30.8 billion in discretionary budget authority.
The President’s request for appropriations includes the following break out of net budget authority for the four Titles of the DHS...
In the wake of train derailments and a chlorine gas leak in South Carolina, state and local officials began to examine the scope of their regulatory authority over the transportation of hazardous materials by rail. Specifically, local officials in the District of Columbia authorized a temporary ban on the transportation of certain toxic substances from trains that travel though the District of Columbia. Reviewing the relevant statutes, including the Hazardous Materials Transportation Act and the Federal Railroad Safety Act, it would appear that state and local governments are...
Hurricane Katrina: DOD Disaster Response
The issue that has received the most attention in post-Katrina discussions is the speed of rescue and relief operations. The Department of Defense’s (DOD’s) Northern Command began its alert and coordination procedures before Katrina’s landfall; however, many deployments did not reach the affected area until days later. An examination of the timeline of DOD’s response and the decision points along that timeline could provide insight into whether the response could have been accelerated given the intensity of the storm and the extent of the destruction. Both the National Response Plan and...
Energy Policy Act of 2005, P.L. 109-58: Electricity Provisions
The Energy Policy Act of 2005 ( P.L. 109-58 ), signed by President Bush on August 8, 2005, was the first omnibus energy legislation enacted in more than a decade. Major provisions include tax incentives for domestic energy production and energy efficiency, a mandate to double the nation's use of biofuels, faster procedures for energy production on federal lands, and authorization of numerous federal energy research and development programs. This report describes the electricity provisions. It will not be updated. Title XII authorizes the Federal Energy Regulatory Commission (FERC) to...
There has been increased interest in monitoring foreign students while maintaining the long tradition of permitting international scholars to study in the United States. There are three main avenues for students from other countries to temporarily come to the United States to study, and each involves admission as a nonimmigrant. The three visa categories used by foreign students are: F visas for academic study; M visas for vocational study; and J visas for cultural exchange. Recently, the Department of Homeland Security (DHS) implemented an electronic foreign student monitoring system. ...
The United States and Europe: Possible Options for U.S. Policy
The United States and Europe share a long and intertwined history, replete with many ups and downs. The modern transatlantic relationship was forged in the aftermath of World War II to deter the Soviet threat and to promote security and stability in Europe. NATO and the European Union (EU), the latest stage in a process of European integration begun in the 1950s, are the two key pillars upon which the U.S.-European partnership still rests. The U.S. Congress and successive U.S. administrations have supported both organizations as means to nourish democracy, foster reliable military allies,...
Libya: Legislative Basis for U.S. Economic Sanctions
This report discusses U.S. laws and executive orders that impose economic sanctions currently in place against Libya, including whether they can be changed by executive action, and exemptions to the sanctions that could make foreign assistance available. This report will be updated as events warrant.
Arctic Petroleum Technology Developments
Congressional debate over opening the coastal plain of the Arctic National Wildlife Refuge (ANWR) on a portion of the North Slope of Alaska to petroleum exploration and development is under way in the 109th Congress. Current law prohibits such development in ANWR.
The North Slope is home to the two largest oil fields in North America and to the largest U.S. oil field discovered in the last decade. The North Slope also is home to a diverse, unique, and fragile ecosystem – resulting in extensive federal, state, and local regulatory protection. Partly due to increased restrictions since the...
Thailand-U.S. Economic Relations: An Overview
Thailand is a key U.S. ally in the international war against terrorism and is an important U.S. economic partner in Southeast Asia. Thailand continues to rebuild its economy after the debilitating effects of the 1997-1998 Asian financial crisis. In October 2003, the United States and Thailand announced their intent to negotiate a free trade agreement (FTA). Six rounds of negotiations have been held A number of issues remain to be resolved. This report summarizes CRS Report RL32314 , U.S.-Thailand Free Trade Agreement Negotiations , by Raymond J. Hearn and Wayne M. Morrison, and will be...
On June 23, 2005, the Supreme Court handed down Kelo v. City of New London , holding that under the Fifth Amendment Takings Clause, the sovereign power of eminent domain ("condemnation") can be used to transfer private property to new private owners for the purpose of economic development. Kelo sparked a public outcry and a flurry of legislative proposals in Congress and the states to restrict the use of eminent domain. The principal Kelo bill in Congress is H.R. 4128 , the "Sensenbrenner bill," which passed the House on November 3, 2005. Its key provision prohibits states and their...
Environmental Protection Agency: FY2006 Appropriations Highlights
As enacted in August 2005, Title II of the Interior, Environment, and Related Agencies Appropriations Act for FY2006 (P.L. 109-54, H.R. 2361) provided $7.73 billion for the Environmental Protection Agency (EPA), subject to an across-the-board rescission of 0.476%. The law also included $80 million for EPA in unobligated funds “rescinded” from past appropriations. Overall, P.L. 109-54 provided more funding for EPA than the Administration’s FY2006 request of $7.52 billion, but less than the FY2005 appropriation of $8.03 billion. Among individual programs, funding decreased for some...
Environmental Protection Agency: Appropriations for FY2006
Early in the first session, the 109th Congress eliminated the Veterans Affairs, Housing and Urban Development (VA-HUD), and Independent Agencies appropriations subcommittee and moved funding jurisdiction for the Environmental Protection Agency (EPA) to the Interior subcommittee. As enacted in August 2005, Title II of the Interior, Environment, and Related Agencies Appropriations Act for FY2006 (P.L. 109-54, H.R. 2361) provided $7.73 billion for EPA, subject to an across-the-board rescission of 0.476%. The appropriation included an additional $80 million in unobligated funds “rescinded”...
2005 Gulf Coast Hurricanes: The Public Health and Medical Response
Hurricane Katrina struck the Gulf Coast in late August 2005, causing catastrophic wind damage and flooding in several states, and a massive dislocation of victims across the country. The storm was one of the worst natural disasters in the nation's history. Estimates are that more than 1,200 people were killed and about 2 million displaced. Hurricane Rita, which made landfall along the Gulf Coast in late September 2005, was ultimately less lethal than Katrina, but prompted aggressive preparedness efforts by governments and citizens shaken by the devastation of the earlier storm. In...
FY2006 Homeland Security Grant Distribution Methods: Issues for the 109th Congress
Homeland security assistance to states and localities is available from three primary sources -- the State Homeland Security Grant Program (SHSGP), the Law Enforcement Terrorism Prevention Program (LETPP), and the Urban Area Security Initiative (UASI). In FY2006, the Department of Homeland Security (DHS) intends to allocate grants from these programs as follows: From the SHSGP and LETPP programs , each state, the District of Columbia (DC), and Puerto Rico is to receive a base amount equal to 0.75% of the total appropriations; each U.S. insular area, 0.25%. The balance is to be...
At the beginning of the 109th Congress, both the House and Senate Committees on Appropriations reorganized their subcommittee structure, affecting the coverage of the FY2006 appropriations bills. As a result, the appropriations subcommittees that previously oversaw the Departments of Transportation and the Treasury, the Executive Office of the President, and Independent Agencies now also oversee the Department of Housing and Urban Development, the Judiciary, and (in the case of the House, but not the Senate) the District of Columbia.
The Bush Administration requested $126.1 billion for...
The World Trade Organization: The Hong Kong Ministerial
The World Trade Organization (WTO) held its 6th Ministerial summit in Hong Kong from December 13-18, 2005. WTO Ministerials are held every two years to bring together trade ministers from member states, often to make political decisions for the body. Although an original goal of the Ministerial was to agree on a package of modalities (methods by which the round is negotiated) for the ongoing Doha Development Agenda (DDA) round of trade negotiations, this aim was dropped in order to avoid a high-profile failure similar to previous Ministerials at Cancun and Seattle. Rather, members agreed...
Defense: FY2006 Authorization and Appropriations
The House approved conference agreements on the FY2006 defense appropriations (H.R. 2863) and defense authorization (H.R. 1815) bills on December 19, 2005. The Senate approved both measures on December 21, though only after removing from the appropriations bill a provision to allow oil drilling in the Arctic National Wildlife Refuge. On December 22, the House approved an enrolling resolution that removed the ANWR provision, clearing the measure for the President. The appropriations bill is also a vehicle for other measures, including reallocation of $29 billion in Hurricane Katrina...
U.S. military operations in Afghanistan, Africa, the Philippines, and Colombia are part of the U.S.-initiated Global War on Terrorism (GWOT). These operations cover a wide variety of combat and non-combat missions ranging from combating insurgents, to civil affairs and reconstruction operations, to training military forces of other nations in counternarcotics, counterterrorism, and counterinsurgency tactics. Numbers of U.S. forces involved in these operations range from 19,000 to just a few hundred. Some have argued that U.S. military operations in these countries are achieving a degree of...
Avoiding Gridlock in the Skies: Issues and Options for Addressing Growth in Air Traffic
A major challenge facing aviation policymakers is developing a strategy for increasing the capacity of the national airspace system to keep pace with projected growth in demand for air travel. While Transportation Secretary Norman Mineta’s vision for the next generation air traffic system aspires to triple system capacity by 2025, FAA projections suggest that capacity enhancements will struggle to keep pace with growth in demand at major airports, in busy airspace around major metropolitan areas, and along certain busy high altitude corridors. Factors, including the continuing...
Mercury in the Environment: Sources and Health Risks
Concern about mercury in the environment has increased in recent years due to emerging evidencehat exposure to low levels of mercury may harm the developing rvous systems of unborn children. At least five bills in the 109th Congress aim to reduce mercury emissions from coal-fired electric utilities. The various proposals and a final regulation promulgated by the U.S. Environmental Protection Agency (EPA) on March 15, 2005, differ in how much and how soon emission reduction would be required, and in whether reductions would be achieved through controls at each plant or through a nationwide...
This report discusses the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA, P.L. 108-173), which added a new Medicare prescription drug benefit, implemented in January 2006. This report focuses on MMA provisions that added a voluntary prescription drug benefit under a new Medicare Part D, and the effect of this new benefit both on individuals who are dually eligible for Medicaid and Medicare, and on state Medicaid programs.
The Federal Migrant Education Program as Amended by the No Child Left Behind Act of 2001
This report describes the legislative and funding history of the program -- highlighting important changes made since it was established. A section on evaluations of the program is included at the end of the report.
Early Childhood Education: Preschool Participation, Program Efficacy, and Federal Policy Issues
This report examines what we currently know about preprimary programs, including numbers of children served and their family characteristics; as well as data on the efficacy of preprimary programs in enhancing later learning and other life skills. It also discusses federal programs that serve preschool age children are described, and policy issues which may arise as the federal role in early childhood education.
Military Health Care: The Issue of "Promised" Benefits
Many military health care beneficiaries, particularly military retirees, their dependents, and those representing their interests, state that they were promised "free health care for life at military facilities" as part of their "contractual agreement" when they entered the armed forces. Efforts to locate authoritative documentation of such promises have not been successful. Congressional report language and recent court decisions have rejected retiree claims seeking 'free care at military facilities' as a right or entitlement. These have stated that the medical benefit structure made up...
Papua, Indonesia: Issues for Congress
The ongoing investigation into the killing of two American citizens, current human rights conditions, and reports of an Indonesian military build-up in Papua have led to increased Congressional attention to Indonesia’s eastern-most territory. Papua, for the purposes of this report, refers to the resource rich western half of the island of New Guinea and not the nation or people of Papua New Guinea which is situated on the eastern half of the Island. While the people of Papua have been subject to human rights abuses while under Indonesian rule, the ongoing expansion of democracy and civil...
Education Technology Programs, Title II, Part D of the Elementary and Secondary Education Act
The Enhancing Education Through Technology Act of 2001 (Title II, Part D of the Elementary and Secondary Education Act [ESEA]) establishes the EdTech grant program. The purpose of EdTech is to improve student academic achievement by utilizing technology in schools. This report describes the EdTech program, including the allocation of grant funds to state and local education agencies; provides annual appropriations data for the program; and discusses the applicability of child Internet protection to EdTech grantees. In addition, Title II, Part D includes the Ready-to-Learn Television...
Mexico's Importance and Multiple Relationships with the United States
This report provides information on the importance of Mexico to U.S. interests and catalogues the many ways Mexico and the United States interact. The report is a snapshot of the bilateral relationship at the beginning of 2006. It will not be updated on a regular basis. Sharing a 2,000-mile border and extensive interconnections through the Gulf of Mexico, the United States and Mexico are so intricately linked together in an enormous multiplicity of ways that President George W. Bush and other U.S. officials have stated that no country is more important to the United States than Mexico. At...
Medical Malpractice Liability Reform: S. 354, 109th Congress
S. 354 , 109th Congress, would preempt state law regarding some aspects of medical malpractice liability, and liability for defective medical products, including drugs. It would not, however, preempt any state law that imposes greater procedural or substantive protections for health care providers, health care organizations, or sellers of medical products, from liability. In medical malpractice and defective medical products suits, S. 354 would, among other things, impose caps on noneconomic and punitive damages (but only in states with no caps or higher caps), eliminate joint and several...
Medical Malpractice Liability Reform: H.R. 5, 109th Congress
H.R. 5 , 109th Congress, which the House passed without amendment on July 28, 2005, would preempt state law regarding some aspects of medical malpractice liability, and liability for defective medical products, including drugs. It would not, however, preempt any state law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability. In medical malpractice and defective medical products suits, H.R. 5 would, among other things, place caps on noneconomic and punitive damages (but only in states that have not enacted and do...
Germany's "Grand Coalition" Government: Prospects and Implications
A "grand coalition" government of Germany's two largest parties, the Christian Democrat Union/Christian Socialist Union (CDU/CSU) and the Social Democratic Party (SPD) led by CDU candidate Angela Merkel took office on November 22, 2005, after the German federal election of September 18, 2005, had produced no clear winner. Some experts believe that the coalition will be fragile, short lived, and will accomplish little with each side trying to gain political advantage over the other. Such negative expectations are not shared by other analysts who believe that only such a large coalition can...
Banking and Securities Regulation and Agency Enforcement Authorities
The federal bank regulatory agencies — the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Office of Thrift Supervision — have extensive authority to enforce various legal and regulatory standards with respect to the banking institutions that they supervise. Similarly, the Securities and Exchange Commission (SEC) has a wide range of tools to enforce the securities laws. This report provides a brief sketch of these authorities and identifies the organizational entities within each agency that...
Medicaid Expenditures, FY2003 and FY2004
This report discusses the federal medical assistance percentage (FMAP), which is the percentage of Medicaid benefit costs paid for by the federal government.
Veterans' Medical Care: FY2006 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility rules. Benefits to veterans range from disability compensation and pensions to hospital and medical care. VA provides these benefits to veterans through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA) and the National Cemetery Administration (NCA). VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through an integrated health care system. ...
EU Enlargement: Economic Implications for the United States
The United States strongly supported the formation of the European Economic Community in the 1950s and has supported its subsequent expansions and evolution into what is now the European Union (EU). Likewise, the United States, under both the Clinton and Bush Administrations, welcomed the latest, and largest expansion of the EU -- the addition of 10 new members effective May 1, 2004, viewing it as helping to promote stability and prosperity throughout the continent. The enlargement of the EU will change U.S. economic ties with the EU with the 10 new members. This report examines the...
Egypt: 2005 Presidential and Parliamentary Elections
In 2005, Egypt conducted two sets of elections that illustrate both the opportunities and challenges for U.S. democracy promotion policy in the Middle East. On September 7, 2005, Egypt conducted its first multi-candidate presidential election, resulting in the reelection of President Hosni Mubarak with 88% of the vote. Although some have credited Egypt for holding a competitive election, many have criticized the outcome and alleged fraud. Parliamentary elections in Egypt resulted in the ruling NDP party securing an overwhelming majority of seats but also saw independent...
Mercury Emissions from Electric Power Plants: An Analysis of EPA's Cap-and-Trade Regulations
EPA studies conclude that about 6% of American women of child-bearing age have blood mercury levels sufficient to increase the risk of adverse health effects (especially lower IQs) in children they might bear. Thus, there was great interest in the agency’s March 15, 2005, announcement that it was finalizing new regulations to control mercury (Hg) emissions from coal-fired electric power plants -- power plants account for 42% of total U.S. mercury emissions, according to EPA.
In announcing the regulations, however, EPA stated that most mercury in the atmosphere comes from non-U.S....
The Rise of China and Its Effect on Taiwan, Japan, and South Korea: U.S. Policy Choices
The economic rise of China and the growing network of trade and investment relations in northeast Asia are causing major changes in human, economic, political, and military interaction among countries in the region. This is affecting U.S. relations with China, China's relations with its neighbors, the calculus for war across the Taiwan Straits, and the basic interests and policies of China, Japan, Taiwan, and South Korea. These, in turn, affect U.S. strategy in Asia. China, for example, has embarked on a "smile strategy" in which it is attempting to coopt the interests of neighboring...
Terrorism Risk Insurance Legislation in 2005: Issue Summary and Side-by-Side
Prior to the September 11, 2001, terrorist attacks, insurance covering terrorism losses was normally included in general insurance policies without cost to policyholders. Following the attacks, both primary insurers and reinsurers pulled back from offering terrorism coverage, citing particularly an inability to calculate the probability and loss data critical for insurance pricing. Some argued that terrorism risk would never be insurable by the private market due to the uncertainty and potentially massive losses involved. Because insurance is required for a variety of economic...
The Terrorism Risk Insurance Act of 2002: A Summary of Provisions
After the September 11, 2001, terrorist attacks on the United States, many businesses were not able to purchase insurance for risk of property loss due to future terrorist attacks. Congress recognized the importance of terrorism risk insurance for the health of the U.S. economy, and enacted the Terrorism Risk Insurance Act of 2002 (TRIA, P.L. 107-297 ) to create a temporary program to share future insured terrorism losses with the property-casualty industry. TRIA requires insurers to offer terrorism insurance to their commercial policyholders, preserves state regulation of insurance,...
East Asia Summit (EAS): Issues for Congress
The first East Asia Summit (EAS) met on December 14, 2005, in Kuala Lumpur, Malaysia. It brought together the ten Association of Southeast Asian Nations (ASEAN), [Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam] as well as the "plus three" states [China, South Korea, and Japan] and Australia, New Zealand, and India, to discuss issues of common concern. Japanese officials have described the EAS as an "historic summit meeting to be held with a view to establishing a future East Asia Community." (1) Such a group could potentially replace Asia...
Plan Colombia: A Progress Report
Plan Colombia was developed by former President Pastrana (1998-2002) as a six-year plan to end Colombia's long armed conflict, eliminate drug trafficking, and promote economic and social development. The Andean Counterdrug Initiative (ACI) is the primary U.S. program that supports Plan Colombia. In addition, Colombia receives assistance from the Foreign Military Financing (FMF) program and the Department of Defense's central counternarcotics account. ACI funding for Plan Colombia from FY2000 through FY2005 totals approximately $2.8 billion. When FMF and DOD assistance is included, the...
FY2006 Appropriations for the Department of Transportation
The Department of Transportation (DOT) is funded through annual appropriations acts. For FY2006, the Administration requested $58.3 billion for the Department of Transportation. This is $1.4 billion (2%) less than the $59.7 billion provided for FY2005. The major proposed reductions were the Administration’s zeroing out of Amtrak (down from $1.2 billion in FY2005) and a reduction in funding for the Airport Improvement Program (to $3.0 billion, $500 million (14%) below FY2005’s $3.5 billion).
The FY2006 budget also reflected a statutory change to one of the DOT’s...
Since 1999, Congress has expressed an interest in the organizational structure of the Department of Justice's (DOJ's) Office of Justice Programs (OJP). The 109th Congress passed legislation that restructures OJP and creates a new Office of Audit, Assessment and Management to more closely monitor grantee compliance with grant programs, among other things. The Violence Against Women and Department of Justice Reauthorization Act of 2005 was signed into law on January 5, 2006 ( P.L. 109-162 ). OJP is the main agency within DOJ that awards grants to states, local, and tribal governments, as...
Military Quality of Life/VA (House) and Military Construction/VA (Senate): FY2006 Appropriations
The structure of the Committees on Appropriations underwent significant change with the beginning of the 109th Congress. As a result, jurisdictions over the appropriations covered in this report, including military construction, military housing allowances, military installation maintenance and operation, the Department of Veterans Affairs, and other veteran-related agencies, rest in the House Committee on Appropriations with the new Subcommittee on Military Quality of Life and Veterans Affairs. In the Senate Committee on Appropriations, jurisdiction for military construction, the...
International Government-Procurement Obligations of the United States: An Overview
This report contains an overview of the major procurement agreements to which the United States is a party, including the World Trade Organization (WTO) Agreement on Government Procurement, the procurement chapter of the North American Free Trade Agreement (NAFTA) and provisions from other free trade agreements. In addition, this report highlights major federal laws that relate to the government-procurement obligations of the United States.
Defense Program Issue: Global Information Grid, Bandwidth Expansion (GIG-BE)
The Global Information Grid (GIG) is the enabling infrastructure for Network Centric Warfare (NCW), a concept that relies on communications technology to link together U.S. military personnel, ground vehicles, aircraft, and naval vessels through integrated wide and local area networks to provide improved battle space awareness for joint military forces. (1) The GIG Bandwidth Expansion program (GIG-BE) is a component of the overall GIG which upgrades the transmission pathways composing the central portion of the GIG. The GIG-BE program achieved full operational capability as of December...
The Environmental Opinions of Judge Samuel Alito
The nomination of Judge Samuel A. Alito, Jr., to serve on the Supreme Court has prompted close scrutiny of his judicial opinions during 15 years as an appellate judge. A review of the 34 opinions in environmental cases in which Judge Alito participated generally reveals careful reasoning based on straightforward readings of statutes or regulations, without broad philosophical assertions. At the same time, a small number of his opinions arguably suggest endorsement of larger jurisprudential principles that may present hurdles to environmental plaintiffs (through narrow interpretation of...
The Role of HUD Housing Programs in Response to Past Disasters
Hurricane Katrina has resulted in the displacement of tens of thousands of families from their homes. While its magnitude is unprecedented, the resulting need to shelter and house displaced families is not. The Department of Housing and Urban Development (HUD), the nation's agency with a mission to provide safe and decent housing for all Americans, has played a role in meeting those needs in the past and is playing a role in the wake of Katrina. This report looks at HUD's current programs and how they have been used to respond to past disasters. The report begins by introducing the...
Price Determination in Agricultural Commodity Markets: A Primer
This report provides a general description of price determination in major U.S. agricultural commodity markets for wheat, rice, corn, soybeans, and cotton. Understanding the fundamentals of commodity market price formation is critical to evaluating the potential effects of government policies and programs (existing or proposed), as well as of trade agreements that may open U.S. borders to foreign competitors. In addition, an understanding of the interplay of market forces over time contributes to flexibility in making policy for what may be short-term market phenomena. The general price...
The Revelations in December 2005 that President Bush had authorized the National Security Agency (NSA) to collect signals intelligence from communications involving U.S. persons within the United States, without obtaining a warrant or court order, raised numerous questions regarding the President’s authority to order warrantless electronic surveillance. President Bush stated that he believes his order to be fully supported by the Constitution and the laws of the United States, and Attorney General Gonzales clarified that the Administration based its authority both on inherent presidential...
U.S. Assistance to Women in Afghanistan and Iraq: Challenges and Issues for Congress
This report reviews U.S. funding for programs directed toward women in Afghanistan and Iraq. Women in these two countries have faced particularly difficult conditions under the Taliban and Baathist regimes. Although there have been notable improvements since the ouster of these regimes in 2001 and 2003, respectively, women still face real challenges in the areas of education, health care, political participation, and, in many cases, basic human rights. The national and international response to the plight of Afghan and Iraqi women may have an important impact not only on the women being...
Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito
Judge Samuel Alito Jr. was nominated by President Bush to the U.S. Supreme Court on October 31, 2005. This report examines the opinions written by Judge Alito relating to civil rights for individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act of 1973, and the Fair Housing Amendments Act. In addition, Judge Alito's federalism decisions are briefly analyzed and their potential impact on disability related issues is discussed. Decisions...
On August 9, 2005, the space shuttle Discovery successfully completed the first of two “Return to Flight” (RTF) missions -- STS-114. It was the first shuttle launch since the February 1, 2003, Columbia tragedy. NASA announced on July 27, 2005, the day after STS-114’s launch, that a second RTF mission would be indefinitely postponed because of a problem that occurred during Discovery ’s launch that is similar to what led to the loss of Columbia. The next launch is currently expected some time in 2006. This report discusses the Columbia tragedy, the Discovery mission, and issues...
Space Exploration: Issues Concerning the "Vision for Space Exploration"
On January 14, 2004, President George W. Bush announced new goals for the National Aeronautics and Space Administration (NASA), directing the agency to focus on returning humans to the Moon by 2020, and eventually sending them to Mars and “worlds beyond.” The President invited other countries to join. Most of the funding for this “Vision for Space Exploration” is to be redirected from other NASA activities, including terminating the space shuttle program in 2010, and ending U.S. participation in the International Space Station by 2016. NASA released an implementation plan for the Vision on...
Farmers' Markets: The USDA Role
Congress and the U.S. Department of Agriculture (USDA) have created a number of programs aimed at promoting farmers' markets. Policy issues include the extent to which the programs contribute to the markets' success, and the need if any for additional governmental support. This report will be updated if significant developments ensue.
HIV/AIDS International Programs: Appropriations, FY2003-FY2006
This report briefly discusses appropriations for international HIV/AIDS programs. FY2006 Appropriations for Foreign Operations (P.L. 109-102), Labor/HHS/Education (H.Rept. 109-300), Defense, and Agriculture (P.L. 109-97) provide more than $3.4 billion for international HIV/AIDS, tuberculosis (TB), and malaria initiatives. The largest portion of the funds is provided through P.L. 109-102, which directs more than $2.8 billion to fighting the three diseases.
Immigration: Selected Opinions of Judge Samuel Alito
Judge Samuel Alito, President Bush's nominee to replace retiring Justice Sandra Day O'Connor as an associate justice on the Supreme Court, has been a judge for the U.S. Court of Appeals for the Third Circuit since 1990. This report discusses notable majority and dissenting opinions written by Judge Alito relating to immigration.
Efforts to reduce tobacco consumption in the United States, stimulated by the 1998 Master Settlement Agreement (MSA), contributed to a sharp decline in the demand for U.S.-grown tobacco. The other major contributor to the long term decline in domestic as well as foreign demand was the federal price support program, which limited supply and raised the price of U.S. tobacco above competitive market levels. Consequently, foreign-grown tobacco displaced U.S. tobacco in both domestic and world markets. Because of the drop in demand, farmers asked for and received compensation and assistance...
Tobacco quota buyout legislation (Title VI of P.L. 108-357 ( H.R. 4520 )) terminated U.S. tobacco farm price support (nonrecourse loans) and domestic production controls (marketing quotas) after the 2004 crop year. An assessment on tobacco product manufacturers and importers will generate about $9.6 billion over 10 years for compensatory payments to tobacco quota owners and active tobacco producers. Beginning with the 2005 crop, there are no restrictions on who can grow and market tobacco, where it can be grown, and the amount that can be grown and marketed. (This report will not be updated.)
Tobacco Price Support: An Overview of the Program
About 94% of U.S. tobacco production is flue-cured and burley (both being cigarette tobacco types). These crops are particularly important to the agriculture of North Carolina (where flue-cured is grown) and Kentucky (where burley is grown). Together, these two states produce 66% of the total U.S. tobacco crop. The federal tobacco price support program was designed to support and stabilize prices for farmers. It operated through a combination of mandatory marketing quotas and nonrecourse loans. Marketing quotas limit the amount of tobacco each farmer could sell, which indirectly raised...
National Security Whistleblowers
To discharge its constitutional duties, Congress depends on information obtained from the executive branch. Domestic and national security information is provided through agency reports and direct communications from department heads, but lawmakers also receive information directly from employees within the agencies. They take the initiative in notifying Congress, its committees, and Members of Congress about alleged agency illegalities, corruption, and waste within the agency. This type of information comes from a group known as whistleblowers.
Through such techniques as “gag orders”...
Federalism: Selected Opinions of Judge Samuel Alito
During his 15 years as a federal appellate judge on the Third Circuit, Judge Samuel Alito has written several opinions related to federalism. Two of these cases appear to be of particular significance. In Chittister v. Department of Community and Economic Development , Judge Alito authored a unanimous opinion which held that an individual could not sue a state under the Family Medical Leave Act (FMLA). This opinion addressed an issue which has been controversial in recent years -- the parameters of the 11th Amendment and Section 5 of the 14th Amendment. The decision held that a provision...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1997-2004
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 1997-2004. In a series of data tables, it lists the total dollar values of U.S. arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 1997-2000, 2001-2004, and 2004 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 1997-2000, 2001-2004, and for 2004 alone. In addition, the report provides data tables listing...
Hurricane Katrina: Medicaid Issues
Medicaid is jointly financed by the federal and state governments, but each state designs and administers its own version of the program under broad federal guidelines. The complexity of Medicaid can present an enormous challenge in meeting the needs of Hurricane Katrina's victims, especially when evacuees cross state lines. State variation in eligibility, covered services, and the reimbursement and delivery of services is the rule rather than the exception. Furthermore, although Medicaid is targeted at individuals with low income, not all of the poor are eligible, and not all...
This report monitors actions taken by the 109th Congress for the House’s Science, State, Justice, Commerce, and Related Agencies (SSJC) and the Senate’s Commerce, Justice, Science, and Related Agencies (CJS) FY2006 appropriations legislation. Appropriations bills reflect the jurisdiction of the subcommittees of the House and Senate Appropriations Committees in which they are considered. Jurisdictions for the subcommittees of the House and Senate Appropriations Committees changed at the beginning of the 109th Congress. In the 108th Congress, both the House and Senate subcommittees had...
Incidents involving lasers aimed at aircraft cockpits has raised concerns over the potential threat to aviation safety and security. While none of these events has been linked to terrorism, security officials have expressed concern that terrorists may seek to acquire and use higher powered lasers to, among other things, incapacitate pilots. There is also concern among aviation safety experts that the ubiquity and low cost of handheld laser devices could increase the number of incidents where pilots are distracted or temporarily incapacitated during critical phases of flight. Possible...
European Views and Policies Toward the Middle East
Managing policy differences on a range of issues emanating from the Middle East poses serious challenges for the United States and its European allies and friends. The most vitriolic dispute has centered on the conflict in Iraq. However, divisions over how best to approach the ongoing Israeli-Palestinian conflict, manage Iran and Syria, and combat terrorism also persist. The Bush Administration and Members of Congress are concerned that continued disagreements between the two sides of the Atlantic could both constrain U.S. policy choices in the region and erode the broader transatlantic...
The Individuals with Disabilities Education Act (IDEA) is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “The Individuals with Disabilities Education Act Improvement Act” ( P.L. 108-446 ), a major reauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was whether the parents...
Missile Defense: The Current Debate
The United States has pursued missile defenses since the dawn of the missile age shortly after World War II. The development and deployment of missile defenses has not only been elusive, but has been one of the most divisive issues of the past generation until recent years. The Bush Administration substantially altered the debate over missile defenses. The Administration requested significant funding increases for missile defense programs, eliminated the distinction between national and theater missile defense, restructured the missile defense program to focus more directly on developing...
The Origination Clause of the Constitution, Article I, Section 7, clause 1, states that, "All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills." This report discusses opinions of the Supreme Court and some lower federal courts that have interpreted the text of the Clause and delineated the scope of the Senate's power to amend revenue legislation. It does not address parliamentary precedents of the House and Senate, which generally have interpreted the Clause more restrictively than the courts....
Organization of American States: A Primer
This report provides a background on the Organization of American States (OAS), which is an international organization based in Washington, D.C., comprised of 35 Western Hemisphere states. The OAS works to promote democracy, protect human rights, preserve security, expand trade, and address cross-cutting issues of hemispheric concern.
Habeas Review in Death Penalty Cases: Selected Opinions of Judge Samuel Alito
On October 31, 2005, President Bush nominated Judge Samuel A. Alito to replace retiring Associate Justice Sandra Day O'Connor. During Alito's 15-year tenure with the U.S. Court of Appeals for the Third Circuit, the court has considered several habeas corpus petitions concerning the imposition of death sentences. This report provides an overview of selected opinions (majority and dissenting) by Judge Alito addressing habeas review in death penalty cases. This report will not be updated.
Tax Incentives for Alternative Fuel and Advanced Technology Vehicles
Alternative fuel and advanced technology vehicles face significant market barriers, such as high purchase price and limited availability of refueling infrastructure. The Energy Policy Act of 2005 (P.L. 109-58) expands and establishes tax incentives that encourage the purchase of these vehicles and the development of infrastructure needed to support them. Among the new provisions are tax credits for the purchase of hybrid vehicles (replacing an existing tax deduction), tax credits for the purchase of advanced diesel vehicles (although it is unclear whether any current vehicles will...
On October 31, 2005, Judge Samuel A. Alito was nominated by President George W. Bush to replace retiring Associate Justice Sandra Day O’Connor. During his tenure with the U.S. Circuit Court of Appeals for the Third Circuit, the court considered a number of abortion cases, including Planned Parenthood of Southeastern Pennsylvania v. Casey , a case that was later heard by the U.S. Supreme Court. This report reviews the Third Circuit’s notable abortion opinions during Judge Alito’s tenure and examines his concurring and dissenting opinions in some of those cases.
Anthrax-Contaminated Facilities: Preparations and a Standard for Remediation
This report provides background information on the 2001 anthrax incidents and federal preparedness plans, but it focuses primarily on preparations for future remediations and considerations for setting a remediation standard.
Energy and Water Development: FY2006 Appropriations
The Energy and Water Development appropriations bill in the past included funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation (BOR), most of the Department of Energy (DOE), and a number of independent agencies.
After the budget request for FY2006 was submitted in February 2005, both the House and the Senate Appropriations Committees reorganized their subcommittee structure and with it the content of the various appropriations bills to be introduced. In the case of Energy and Water Development, the only changes were...
Normal-Trade-Relations (Most-Favored-Nation) Policy of the United States
In international trade, the term most-favored-nation (MFN) treatment has a meaning at variance with what it appears to mean: the expression means equal -- rather than exclusively favorable -- treatment and is often used interchangeably with "nondiscriminatory." To make this distinction clearer and avoid a possibly misleading interpretation of the most-favored-nation term, legislation was enacted in 1998 to replace it in U.S. law with the term "normal trade relations," or NTR. In this report, both terms are used interchangeably with "nondiscriminatory." The United States accords general...
Civil Rights Opinions of U.S. Supreme Court Nominee Samuel Alito: A Legal Overview
During his 15 years as a federal appellate judge on the Third Circuit, Judge Alito has written for the majority, concurred, or dissented in several cases alleging discrimination based on race, ethnicity, gender, religion, and other prohibited grounds. His legal position in these cases has varied, depending on the facts and law being applied, and defy rigid or facile classification. Nonetheless, some continuity in judicial approach, both substantive and procedural, may arguably be discerned from a review of several of his significant opinions.
Excited Utterances, "Testimonial" Statements, and the Confrontation Clause
The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness....
California's San Joaquin Valley: A Region in Transition
CRS was requested to undertake a study of the San Joaquin Valley (SJV) and a comparison with another U.S. region. The eight-county San Joaquin Valley, part of California's Central Valley, is home to 5 of the 10 most agriculturally productive counties in the United States. By a wide range of indicators, the SJV is also one of the most economically depressed regions of the United States. This report analyzes the SJV's counties and statistically documents the basis of current socioeconomic conditions. The report further explores the extent to which the SJV shares similarities with and...
The Law of Church and State: Opinions of Judge Samuel Alito
This report provides an overview of opinions addressing issues related to the law of church and state written by Judge Alito while serving on the Third Circuit and Supreme Court precedent relevant to those cases.
This report discusses the U.S. Supreme Court decison, in Wagnon v. Prairie Band Potawatomi Nation (No. 94-631), which upheld the application of a non-discriminatory Kansas motor fuels tax to gasoline sold by off-reservation distributors to Indian tribal retailers for on-reservation sales.
This report discusses the Wild Free-Roaming Horses and Burros Act of 1971, which sought to protect wild horses and burros on federal lands and placed them under the jurisdiction of the Bureau of Land Management (BLM) and the Forest Service (FS). Management of wild horses and burros has long been controversial. Current issues include the priority to be given wild horses and burros in land use decisions, removal of animals from the range, adoption and sales programs, slaughter of animals, holding animals in facilities, use of fertility control, and costs of management.
Judge Samuel Alito's Opinions in Freedom of Speech Cases
Judge Samuel Alito, who has been nominated by President Bush to take retiring Justice Sandra Day O’Connor’s seat as associate justice of the U.S. Supreme Court, has been a judge on the U.S. Court of Appeals for the Third Circuit since 1990. This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Azerbaijan's 2005 Legislative Election: Outcome and Implications for U.S. Interests
This report discusses Azerbaijan's democratization progress as evidenced by its November 6, 2005, legislative election. It describes the campaign and results and examines implications of this election for Azerbaijani and U.S. interests. This report will not be updated. Related reports include CRS Issue Brief IB95024, Armenia, Azerbaijan, and Georgia , by Jim Nichol.
A major element of the U.S. energy debate is whether to approve energy development in the Arctic National Wildlife Refuge (ANWR) in northeastern Alaska, and if so, under what conditions, or whether to continue to prohibit development to protect the area’s biological, recreational, and subsistence values. For over 20 years, the debate on whether to develop any energy resources in ANWR has focused on a familiar image of a coastal, northern part of the Refuge, the area that is thought to contain oil. Reconciliation bills under consideration in the 109th Congress have referred to two new maps,...
As prices of prescription drugs have risen, many in Congress have sponsored legislation to permit the importation of FDA-approved drugs from less expensive foreign sources. In the 109th Congress, three pairs of bills have been introduced to repeal the existing import restrictions and provide for limited forms of importation of prescription drugs. Current law and the bills all seek to balance the availability of imported prescription drugs -- both for commercial and personal use -- and the assurance that those imports would be safe and effective. An underlying goal is to reduce or...
Discharge Procedure in the House
The House “discharge rule” (Rule XV, clause 2) provides a means for Members to bring to the floor for consideration a bill or resolution that has been referred to committee but not reported. Discharge is generally the only procedure by which Members can secure consideration of a measure without cooperation from the committee of referral, the majority-party leadership, or the Committee on Rules. For this reason, discharge is designed to be difficult to accomplish and has infrequently been used with success. See http://www.crs.gov/¿products/¿guides/¿guidehome.shtml for more information on...
How Special Rules Regulate Calling up Measures for Consideration in the House
A special rule is a House resolution that regulates consideration of a specific legislative measure named in the resolution. Members and staff commonly refer to a resolution of this kind simply as “the rule” for considering a measure. A rule has two key functions: (1) to enable the House to consider the measure specified, and (2) to set terms for considering it. The House Committee on Rules has jurisdiction to report resolutions that combine these two functions, and this ability enables the leadership to use rules effectively to manage the floor agenda. This report discusses how rules...
The Iran Nonproliferation Act (P.L. 106-178), as originally enacted, prohibited the National Aeronautics and Space Administration (NASA) from purchasing Russian goods and services for the U.S.-led International Space Station (ISS) unless the President certified that Russia was not proliferating certain technologies to Iran. On July 12, 2005, the Bush Administration submitted to Congress an amendment to allow NASA to purchase goods and services from Russia to support the ISS. That presented a classic policy dilemma. Without access to Russian spacecraft, the U.S. use of the ISS could...
The 109th Congress is considering legislation to reauthorize and amend programs that were created or revised in the 1996 welfare reform law. Early in 2005, the Senate Committees on Finance and Health, Education, Labor, and Pensions (HELP) reported their welfare reauthorization legislation (respectively, S. 667 and S. 525 ). These bills have yet to see floor action and remain pending in the Senate. The House passed welfare reauthorization as part of its spending budget reconciliation bill (the House-passed version of S. 1932 ). The Senate-passed spending reconciliation bill does not ...
Parental Notification and Ayotte v. Planned Parenthood of Northern New England
This report discusses Ayotte v. Planned Parenthood of Northern New England , which will be decided by the U.S. Supreme Court this term. The case involves the constitutionality of the New Hampshire Parental Notification Prior to Abortion Act. In November 2004, the U.S. Court of Appeals for the First Circuit invalidated the act because it does not include an explicit exception that would waive the measure’s requirements to preserve the health of the pregnant minor. Ayotte, the Attorney General of New Hampshire, contends that a judicial bypass procedure included in the act and other state...
Trade Liberalization Challenges Post-CAFTA
Since taking office in January 2001, President Bush has supported trade liberalization through negotiations on multiple fronts: globally, regionally, and bilaterally. During this period, Congress has approved five free trade agreements (FTAs) that the Bush Administration has negotiated and signed. The FTAs are designed to promote broad economic and political objectives, both domestic and foreign. However, the debate in Congress over the last FTA approved—the Central American Free Trade Agreement (CAFTA)—was contentious, sparking concerns about how Congress might consider future trade...
China's Currency: Brief Overview of U.S. Opinions
Many are concerned that China’s currency is undervalued and that this injures the U.S. economy. The Chinese authorities say they are not manipulating their currency and they want to move as soon as possible to a market-based yuan. A new exchange rate procedure was announced in July 2005 but has not resulted in meaningful changes in the yuan’s international value. This report reviews the issues and discusses alternative approaches the United States might take to encourage more rapid reform.
Child Welfare: Program Reauthorizations and Recent and FY2006 Proposed Funding Levels
This report discusses current funding levels for child welfare programs, intended to protect children from abuse and neglect and to ensure their well-being. In FY2005 the federal government appropriated $7.8 billion for these purposes. Most of this funding is made available to states through open-ended entitlement programs or as formula grants and is authorized under Title IV-E and Title IV-B of the Social Security Act or under the Child Abuse Prevention and Treatment Act (CAPTA).
The Supreme Court's Overruling of Constitutional Precedent: An Overview
As a general rule, the Supreme Court adheres to precedent, citing the doctrine of stare decisis (“to stand by a decision”). The general rule of stare decisis is not an absolute rule, however, and the Court recognizes the need on occasion to correct what are perceived as erroneous decisions or to adapt decisions to changed circumstances. In deciding whether to overrule precedent the Court takes a variety of approaches and applies a number of different standards, many of them quite general and flexible in application. As a result, the law of stare decisis in constitutional decision...
Congress' Power to Legislate Control Over Hate Crimes: Selected Legal Theories
Congress has no power under the commerce clause over “noneconomic, violent criminal conduct” that does not cross state lines said Chief Justice William Rehnquist in United States v. Morrison. Congress, however, enjoys additional legislative powers under the spending clauses and the legislative clauses of the Thirteenth and Fifteenth Amendments. Extensive, if something less than all encompassing, national legislation may be possible under the confluence of authority conveyed by the commerce clause, spending clause, and the legislative clauses of the constitution’s Reconstruction Amendments,...
Federal Hurricane Recovery Coordinator: Appointment and Oversight Issues
On November 1, 2005, President George W. Bush issued an executive order directing the Secretary of Homeland Security to establish a new position that would coordinate federal Gulf Coast recovery and rebuilding efforts. (1) The executive order specifies that this official "shall be selected by the President and shall be appointed by and report directly to the Secretary." Subsequently, the President selected then-Federal Deposit Insurance Corporation Board of Directors Chair Donald Powell for the new position, and Secretary Michael Chertoff formally appointed him. This method of...
Costs and Benefits of Clear Skies: EPA's Analysis of Multi-Pollutant Clean Air Bills
The electric utility industry is a major source of air pollution, particularly sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury (Hg), as well as suspected greenhouse gases, particularly carbon dioxide (CO2). On October 27, 2005, the Environmental Protection Agency (EPA) released a long-awaited analysis comparing the costs and benefits of alternative approaches to controlling this pollution. The alternative schemes focus on using market-oriented mechanisms directed at multiple pollutants to achieve health and environmental goals. The new analysis compares four versions of the...
Green Payments in U.S. and European Union Agricultural Policy
Green payments are generally defined as payments made to agricultural producers as compensation for environmental benefits that accrue at levels beyond what producers might otherwise achieve under existing market and regulatory conditions. They may support both environmental and farm income objectives. Modern U.S. agri-environmental programs began in 1985 by paying farmers to retire land and limiting conversion of wetlands and highly erodible land to cultivation, thereby reducing negative environmental effects associated with production agriculture. These initial programs focused on...
Homeland Security: Navy Operations — Background and Issues for Congress
This report discusses the Navy's homeland security (HLS) and homeland defense (HLD) operations, which raise several potential oversight issues for Congress, including Navy coordination with the Coast Guard in HLS and HLD operations.
Energy and Mineral Issues in the FY2006 Budget Reconciliation Bill
Several resource issues that are designed to generate revenue for the federal Treasury have been proposed for the FY2006 budget reconciliation bill. The most controversial of these provisions recommended by the House Resources Committee and Senate Energy and Natural Resources Committee would open part of the Arctic National Wildlife Refuge (ANWR) for oil and gas development. The House panel also approved a provision that would allow coastal states to “opt out” of the current offshore oil and gas development moratoria, increase fees for hardrock mining and patents, dispose of certain...
Unmanned Aerial Vehicles: Background and Issues for Congress
The war on terrorism has put a high premium on a primary mission of UAVs, intelligence gathering. Furthermore, the military effectiveness of UAVs in recent conflicts such as Iraq (1990) and Kosovo (1999) opened the eyes of many to both the advantages and disadvantages provided by unmanned aircraft. Long relegated to the sidelines in military operations, UAVs are now making national headlines as they are used in ways normally reserved for manned aircraft. Conventional wisdom states that UAVs offer two main advantages over manned aircraft: they are considered more cost-effective, and they...
AIDS Orphans and Vulnerable Children (OVC): Problems, Responses, and Issues for Congress
Since HIV/AIDS was discovered in 1981, more than 20 million people have lost their lives to the virus. According to the Joint United Nations Program on HIV/AIDS (UNAIDS), nearly 40 million are currently living with HIV/AIDS, including nearly 2.2 million children under the age of 15. In 2004, 4.9 million people acquired the virus, and 3.1 million died from AIDS. Sub-Saharan Africa remains the most affected region with 25.4 million people living with HIV/AIDS at the end of 2004, 1.9 million of whom were children under the age of 15. The United States Agency for International Development...
Drug Crop Eradication and Alternative Development in the Andes
The United States has supported drug crop eradication and alternative development programs in the Andes for decades. Colombia, Bolivia, and Peru collectively produce nearly the entire global supply of cocaine. In addition, Colombia has become a producer of high quality heroin, most of it destined for the United States and Europe. The United States provides counternarcotics assistance through the Andean Counterdrug Initiative (ACI). The program supports a number of missions, including interdiction of drug trafficking, illicit crop eradication, alternative development, and rule of law...
Haiti: International Assistance Strategy for the Interim Government and Congressional Concerns
Haiti and its multilateral and bilateral donors developed an international assistance strategy, known as the Interim Cooperation Framework (ICF), to address Haiti’s short-term needs between the collapse of the government of President Jean-Bertrand Aristide in February 2004 and the initial phase of a new government scheduled to be inaugurated in February 2006. The World Bank, the Inter-American Development Bank, the United Nations, and the European Union co-sponsored the International Donors Conference on Haiti in Washington, D.C., on July 19-20, 2004. The objective of the conference was to...
The Joint Tactical Radio System (JTRS) is a Department of Defense (DOD) program that would play a significant role in the U.S Army's proposed Future Combat System (FCS) program. (For a more detailed description of the FCS program see CRS Report RL32888 , The Army's Future Combat System(FCS): Background and Issues for Congress , by Andrew Feickert.) JTRS, envisioned as a family of software programmable radios, has been described as the "backbone" of the FCS and is intended to link the 18 manned and unmanned systems that would constitute FCS. Two JTRS sub-programs managed by the Army --...
General Overview of United States Antitrust Law
This Report briefly summarizes (1) the primary United States antitrust statutes, and (2) some of the activities which are generally considered to be violations of those laws. There is also some reference to the prohibition against unfair competition and the “unfairness” jurisdiction of the Federal Trade Commission (FTC). The laws discussed do not constitute all of the statutes which may be applicable to, or implicated in antitrust issues, but rather, are those which are most often utilized.
Trade Agreements: Procedure for Congressional Approval and Implementation
Trade agreements on tariff-and-nontariff barriers, including those establishing free-trade areas, must be approved and implemented by the enactment of implementing bills, for the consideration of which expedited legislative procedures have been enacted. The procedures, initially referred to as "fast track" and more recently as "trade authorities procedures," provide for mandatory introduction and consideration of an implementing bill with deadlines for individual legislative stages, prohibit any amendments, and require an up-or-down vote. This report presents the individual statutes...
Committee Controls of Agency Decisions
Congress has a long history of subjecting certain types of executive agency decisions to committee control, either by committees or subcommittees. Especially with the beginning of World War II, the executive branch agreed to committee controls as an accommodation that allowed Congress to delegate authority and funds broadly while using committees to monitor the use of that discretionary authority. These committee-agency arrangements took the form of different procedures: simply notifying the committee, obtaining committee approval, "coming into agreement" understandings, and using the...
Assignments to Senate Subcommittees
One of the first orders of business for Senate committees is deciding whether to establish subcommittees, and if so, determining their number, sizes, party ratios, chairs, ranking minority members, and other members. There are no direct limits on the number of subcommittees that may be created.
Stock Options: The Accounting Issue and Its Consequences
The Financial Accounting Standards Board (FASB) has issued a long-anticipated rule that stock options must be recognized as an expense on corporation income statements. The previous accounting rule permitted but did not require recognition; corporations that elected to omit the cost of options, as most did, have been able to report higher earnings. This report examines the debate surrounding the issue and discusses the potential consequences.
Bankruptcy Relief and Natural Disaster Victims
In the wake of Hurricanes Katrina, Rita, and Wilma, many questioned whether implementing the new procedures of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8 , which became effective on October 17, 2005, should have been delayed or revised. This report considers whether bankruptcy law in general, and the BAPCPA in particular, may present unique challenges to financial recovery for those whose life, livelihood, and/or home have been damaged or destroyed. To some extent, the new goals of the BAPCPA, which is designed to restore personal responsibility...
The Safe and Drug-Free Schools and Communities Act: Reauthorization and Appropriations
This report discusses the approved reauthorization legislation to extend and amend the Elementary and Secondary Education Act (ESEA) and the Safe and Drug-Free Schools and Communities Act (SDFSCA).
In the 109th Congress, companion bills have been introduced ( S. 1155 / H.R. 2470 ) that, if enacted, would establish a Commission on the Accountability and Review of Federal Agencies (CARFA). Either version of the proposed CARFA Act would require this 12-member commission to review certain federal agencies and programs to determine if any are duplicative , wasteful , inefficient , outdated , irrelevant , or failed . The House version would include within the commission's scope only non-defense, non-entitlement agencies and programs in the executive branch, while the Senate version...
Federal Deposit Insurance Reform Legislation (Including Budgetary Implications)
This report discusses two major deposit insurance reform bills that are currently before Congress, the
Federal Deposit Insurance Reform Act of 2005 and the Safe and Fair Deposit Insurance Act of 2005. Both bills, if passed, would effectively raise assessments paid by banks and savings associations to the deposit insurance fund.
Dallas Love Field: The Wright and Shelby Amendments
The history of the Wright Amendment dates back to the 1960s when the now defunct Civil Aeronautics Board (CAB) proposed the creation of a single regional airport in the Dallas-Fort Worth (DFW) area. To construct the new airport, the two cities entered into an agreement that required the phasing out of separate existing airports in Dallas and Ft. Worth and transferring air service to the new DFW Airport, which opened in 1974. During this time, Southwest Airlines began operating out of Dallas’s Love Field as a purely intrastate air carrier. As such, Southwest was not subject to...
Federal Voluntary Voting System Guidelines: Summary and Analysis of Issues
The Help America Vote Act of 2002 (HAVA, P.L. 107-252 ) gave the federal Election Assistance Commission (EAC) the responsibility to develop a set of Voluntary Voting System Guidelines ( VVSG ) to replace the current voluntary Voting Systems Standards ( VSS ). The VVSG are to provide a set of specifications and requirements to be used in the certification of computer-assisted voting systems, both paper-based and fully electronic. That was also the purpose of the VSS, which were developed in response to concerns raised about voting systems in the 1970s and 1980s. Most states have...
Congressional Primaries and Filing Deadlines, 2006 Schedule
This report provides the dates of congressional filing deadlines and primary and runoff primary dates for 2006 for the states, the District of Columbia, and territories.
Limiting Tort Liability of Gun Manufacturers and Gun Sellers: Legal Analysis of P.L. 109-92 (2005)
This report examines P.L. 109-92 (2005), which passed the Senate and the House as S. 397, 109th Congress and was signed by the President on October 26, 2005
Bovine Spongiform Encephalopathy (Mad Cow Disease): Agricultural Issues for Congress
This report presents the background and analysis of BSE (bovine spongiform encephalopathy, including the definition. It also discusses the BSE economic and trade implications as well as selected issues for Congress.
Hurricane Katrina Recovery: Contracts Awarded by the Federal Government
Information about contracts and other types of government procurements made in support of hurricane recovery efforts may be obtained online from the Federal Procurement Data System (FPDS), the Department of Homeland Security, the U.S. Army Corps of Engineers, and the U.S. Navy’s Military Sealift Command websites. The government-wide database, FPDS, provides the most comprehensive and detailed information, but the other three websites include contracts not currently listed in FPDS. Available information about government procurements includes, among other things, the type of award (for...
Taiwan's Accession to the WTO and Its Economic Relations with the United States and China
After several years of negotiations, Taiwan joined the World Trade Organization (WTO), the international organization that sets rules for most international trade, on January 1, 2002. China fought to allow Taiwan to join the WTO only as a “separate customs territory” and only after China obtained membership (which it did in December 2001). Trade and investment relations between China and Taiwan have boomed in recent years; China has replaced the United States as Taiwan’s export market. However, political tensions between China and Taiwan remain high. In an effort to further boost...
Lawsuit Abuse Reduction Act of 2005
H.R. 420 , 109th Congress, the Lawsuit Abuse Reduction Act of 2005, was reported by the House Judiciary Committee on June 14, 2005 ( H.Rept. 109-123 ), and passed by the House on October 27, 2005. H.R. 420 would strengthen Rule 11 of the Federal Rules of Civil Procedure, and would narrow the choice of venues for personal injury actions, other than class actions, brought in state and federal courts. The bill’s Rule 11 provisions would apply to all civil actions, not just tort actions. Rule 11 provides for sanctions against parties who file frivolous claims or defenses, or who file a paper...
Hurricane Katrina: Social-Demographic Characteristics of Impacted Areas
On the morning of August 29, 2005, Hurricane Katrina made landfall on the Gulf Coast between the major cities of New Orleans, Louisiana, to the west, and Mobile, Alabama, to the east. Along the Gulf Coast and inland in the swath of the storm, Hurricane Katrina impacted hundreds of thousands of families in three states (Louisiana, Mississippi, and Alabama) and contributed to the deaths of more than 1,000 people. While CRS estimates that 5.8 million people in three states may have experienced hurricane-force winds, the majority rode out the storm safely. Property damage, loss of life, and...
The Global Fund and PEPFAR in U.S. International AIDS Policy
The United States is responding to the international AIDS pandemic through the President's Emergency Plan for AIDS Relief (PEPFAR), which includes bilateral programs and contributions to the multilateral Global Fund for AIDS, Tuberculosis, and Malaria. PEPFAR overall appears on target to meet the Administration's five-year, $15 billion spending plan, although competing budget priorities could affect its prospects. By contrast, the Global Fund, which relies on multiple donors, is reporting a funding gap that may prevent it from awarding new grants to fight the pandemic. The Fund estimates...
Postal Service for Katrina Survivors
This report discusses the affected areas served by the U.S. Postal Service (USPS) in the aftermath of Hurricane Katrina.
Changing Senate Rules or Procedures: The "Constitutional" or "Nuclear" Option
Reports indicate possible attempts to curtail the use of filibusters in the Senate, perhaps in the 109th Congress. Some have suggested that proponents of this idea may invoke something called the “nuclear” or “constitutional” option in Senate floor procedure to try to end a filibuster without the need for 60 votes or to amend the cloture rule (Rule XXII) itself. No set definition exists for the term “nuclear” or “constitutional” in this context. Because the point of using such an option is to achieve a goal by means lying outside the Senate’s normal rules of procedure, it would...
Employment-Related Issues in Bankruptcy
This report provides an overview of the status of employee wages and benefits, including retiree benefits, when an employer files in bankruptcy, and the amendments made to the U.S. Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act. Private pensions, regulated by the Employee Retirement Income Security Act, are generally protected, although defined benefit pension plan payments may be substantially reduced. Health and life insurance benefits, which are not required by federal law, are vulnerable to an employer’s bankruptcy-driven modification or termination....
Public Diplomacy: A Review of Past Recommendations
Public diplomacy has been officially acknowledged as a tool in the foreign policy arsenal since World War I. Later, during World War II, it became part of the U.S. government structure when in 1942 the President issued an executive order to create the Office of War Information (OWI). OWI aired the first Voice of America program on February 24, 1942, in Europe. These activities were carried out without any authority or formal recognition by Congress. More recently, during the post-Cold War era of the 1990s, public diplomacy was viewed as a low priority, and was often seen by lawmakers as...
In FY2005, six states faced the prospect of running out of federal funds in the State Children’s Health Insurance Program (SCHIP). This was the first time since the program’s creation in 1997 that multiple states faced such a shortfall. The shortfalls were avoided by the redistribution of funds from other states’ original SCHIP allotments that had not been spent by the end of the three-year period of availability. To address this, the reconciliation proposal approved by the Senate Finance Committee would reduce the period of availability for original allotments from three years to two.
U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
Photographs depicting the apparent abuse of Iraqi detainees at the hands of U.S. military personnel at Abu Ghraib prison in Iraq resulted in numerous investigations, congressional hearings, and prosecutions, raising questions regarding the applicable law. The international law of armed conflict, in particular, those parts relating to belligerent occupation, applies in Iraq. The four Geneva Conventions of 1949 related to the treatment of prisoners of war (POW) and civilian detainees, as well as the Hague Regulations define the status of detainees and state responsibility for...
This report describes the flood of 1927, and assesses the federal government’s response thereto. In short, the federal response was an executive branch response. President Calvin Coolidge created a quasi-governmental commission that included members of his Cabinet and the American National Red Cross. This commission encouraged the public to donate funds to the relief effort. It also gave Secretary of Commerce Herbert Hoover near-absolute authority to organize and oversee its response. Hoover used this authority to weave together federal resources, American National Red Cross volunteers,...
Katrina Emergency Tax Relief Act of 2005
On September 23, 2005, President Bush signed the Katrina Emergency Tax Relief Act of 2005 (KETRA; H.R. 3768) into law, P.L. 109-73. It primarily contains temporary tax relief intended to directly and indirectly assist individuals in recovering from Hurricane Katrina. The provisions cover a variety of areas, including work credits, charitable giving, and casualty losses. This report summarizes the act.
This report explains the conditions in five countries in Central America (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and one country in the Caribbean (Dominican Republic) that will be partners with the United States in the U.S.-Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) signed in August 2004. All of the signatory countries except Costa Rica have approved the pact. The agreement will enter into force for the approving countries on an agreed date, tentatively January 1, 2006. In U.S. approval action, the House and Senate passed the...
Risk-Based Funding in Homeland Security Grant Legislation: Issues for the 109th Congress
P.L. 109-90 , signed by the President on October 18, 2005, appropriates funding for the Department of Homeland Security (DHS) for FY2006. P.L. 109-90 appropriates a total of $2.97 billion for state and local homeland security grant programs. This is $645 million less than was appropriated for these programs in FY2005 ($3.61 billion). P.L. 109-90 does not alter the funding formula for SHSGP and LETPP. Conferees are expected, however, to meet in October to resolve differences between the House and Senate versions of H.R. 3199 , re-authorization of sunset provisions in the USA PATRIOT...
ANWR and FY2006 Budget Reconciliation Legislation
This report briefly discusses the Arctic National Wildlife Refuge (ANWR) and FY2006 budget reconciliation legislation, which is considered under expedited procedures that, in particular, limit debate and amendments in the Senate.
Community Development Block Grant Funds in Disaster Relief and Recovery
In the aftermath of previous, presidentially-declared disasters, Congress has used the Community Development Block Grant (CDBG) program to help states and local governments finance recovery efforts, whether from natural or man-made disasters. This report will provide a general overview of the CDBG program and its use in disaster relief.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 , as amended, 42 U.S.C. Sections 5121-5206, and implementing regulations in 44 C.F.R. Sections 206.31-206.48, provide the statutory framework for a Presidential declaration of an emergency or a declaration of a major disaster. Such declarations open the way for a wide range of federal resources to be made available to assist in dealing with the emergency or major disaster involved. The Stafford Act structure for the declaration process reflects the fact that federal resources under this act supplement state...
Funding Plant and Animal Health Emergencies: Transfers from the Commodity Credit Corporation
The Secretary of Agriculture has the authority to transfer funds from the Commodity Credit Corporation (CCC) to the Animal and Plant Health Inspection Service (APHIS) for emergency control programs. The Secretary’s use of this authority has increased in recent years, and has become an issue within government concerning the method for funding plant and animal health programs.
The authority to transfer money for plant and animal health emergencies is found both in annual appropriations acts and in authorizing statutes. Discretion rests with the Secretary of Agriculture, who is subject to...
Hurricane Katrina-Related Immigration Issues and Legislation
The devastation and displacement caused by Hurricane Katrina in the Gulf Coast region of the United States has very specific implications for foreign nationals who lived in the region. Whether the foreign national is a legal permanent resident (LPR), a nonimmigrant (e.g., temporary resident such a foreign student, intracompany transferee, or guest worker) or an unauthorized alien (i.e., illegal immigrant) is a significant additional factor in how federal laws and policies are applied. In this context, the key question is whether Congress should relax any of these laws pertaining...
On August 10, 2005, President Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU or SAFETEA) (P.L. 109-59). This act reauthorizes federal surface transportation programs through the end of FY2009. The reauthorization was long overdue, given that the previous long term authorization, the Transportation Equity Act for the 21st Century (TEA-21) (P.L. 105-206) expired on September 30, 2003.
The reauthorization debate was primarily characterized by two interrelated issues, money and how that money would be distributed among the...
Justice Sandra Day O’Connor’s announcement that she will retire from the Supreme Court of the United States effective upon the confirmation of her successor has raised questions regarding the conditions under which her vote may or may not be counted in certain cases. This report provides an overview of quorum requirements, rehearing procedures and vote count practices in the Supreme Court, with a focus on their application in relation to Justice O’Connor’s pending retirement.
Selected Products Liability Issues: A 50-State Survey
This report examines the laws of the 50 states and the District of Columbia in the following areas of products liability: (1) product seller liability, (2) contributory fault, (3) punitive damages, (4) joint and several liability, (5) statutes of limitations, and (6) statutes of repose.
This 50-state survey is intended as a quick guide to statutes that deal with these six issues, not as a full description of the relevant laws. Thus, exceptions and details, such as when statutes of limitations may be tolled, are not generally noted, and case law has not been checked systematically. Also not...
Hurricanes Katrina and Rita: Fishing and Aquaculture Industries - Damage and Recovery
This report summarizes damage assessments and recovery efforts, and will be updated as warranted to incorporate new information.
S. 147/H.R. 309: Process for Federal Recognition of a Native Hawaiian Governmental Entity
S. 147 / H.R. 309 , companion bills introduced in the 109th Congress, represent an effort to accord to Native Hawaiians a means of forming a governmental entity that could enter into government-to-government relations with the United States. This entity would be empowered to negotiate with the State of Hawaii and with the federal government regarding the transfer of land and the exercise of governmental power and jurisdiction. There was similar legislation in the 106th, 107th, and 108th Congresses; the House passed a Native Hawaiian recognition bill, H.R. 4904 , in the 106th Congress....
The United States maintains a range of economic sanctions on the Government of Sudan. The United States generally restricts foreign aid because Sudan has been found, by the Secretary of State, to be a supporter of acts of international terrorism, is operating under a military dictatorship, and has fallen into arrears in its debt repayment. The United States has also suspended bilateral preferential trade treatment, restricted commercial exports and imports, denied the export of defense articles and defense services, and refused to support requests from Sudan for funding or program support...
Clean Air and New Source Review: Defining Routine Maintenance
The Environmental Protection Agency (EPA) final rule on clarifying the definition of routine maintenance under its New Source Review (NSR) process exempts industrial facilities from undergoing NSR if they are replacing safety, reliability, and efficiency rated components with new, functionally equivalent equipment and if the cost of the replacement components is under 20%25 of the replacement value of the process unit. Essentially, the rule permits owners of existing units to maintain and operate their units at their original design specifications without having to undergo NSR, a process...
In Merck KGaA v. Integra Lifesciences I, Ltd., __ U.S. __, 125 S. Ct. 2372 (2005), the United States Supreme Court unanimously held that the preclinical use of patented inventions in drug research is exempted from patent infringement claims by the “safe harbor” provision of the Patent Act, 35 U.S.C. § 271(e)(1). (Merck KGaA is a German company unaffiliated with the U.S.-based pharmaceutical company Merck & Co.) This decision potentially may help expedite the development of new medical treatments and lower the cost of some drugs for consumers.
In 2003, the U.S. Court of Appeals for the...
U.S. Agriculture After Hurricanes Katrina and Rita: Status and Issues
On August 29, 2005, Hurricane Katrina struck the Gulf Coast region coming ashore just east of New Orleans. On September 24, 2005, Hurricane Rita hit the Gulf Coast region making land fall near the border of Texas and Louisiana. Both hurricanes left behind widespread devastation. Rita appears to have done most of its damage to energy infrastructure off-shore in contrast to Katrina which devastated large swaths of Louisiana, Mississippi, and Alabama. This report examines the impact of these hurricanes on three important factors affecting the U.S. agricultural sector: marketing infrastructure...
Davis-Bacon Suspension and Its Legislative Aftermath
During the last week of August 2005, Hurricane Katrina gathered strength in the Atlantic and moved against the gulf states. On September 8, 2005, amid the devastation left in Katrina’s wake, President George W. Bush suspended the Davis-Bacon Act as it applies to certain jurisdictions in Florida, Alabama, Mississippi, and Louisiana. Although the President has the authority, under Section 6 of the Act, to render such suspensions during a national emergency, that authority has rarely been utilized.1 This report analyzes the legislative aftermath of the suspension.
Border Security and the Southwest Border: Background, Legislation, and Issues
Border security has emerged as an area of public concern, particularly after the September 11, 2001 terrorist attacks. Although recent public concerns pertaining to border security may be attributed to the threat of potential terrorists coming into the country, past concerns that centered around drug and human smuggling and the illegal entry of migrants remain important issues. As Congress passes legislation to enhance border security (e.g., P.L. 109-13) and the Administration puts into place procedures to tighten border enforcement, concerns over terrorists exploiting the porous southwest...
Proposed Bankruptcy Legislation to Address Natural Disaster Victims
Several bills have been introduced in the 109th Congress to amend the U.S. Bankruptcy Code, 11 U.S.C. Section 101 et seq. in the wake of Hurricane Katrina. H.R. 3662 would delay the effective date for the means test amendments to the Code enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act. H.R. 3697 , S. 1647 , S. 1765 , and S. 1766 would make substantive amendments to the Code to deal with victims of natural disasters. They are discussed below. This report will be updated as events warrant.
TANF Reauthorization: Side-by-Side Comparison of Current Law, S. 667, and H.R. 240 (TANF Provisions)
The 109th Congress is considering legislation to reauthorize the block grant of Temporary Assistance for Needy Families (TANF) for five years. Congress has inconclusively debated long-term TANF authorizations since 2002, instead adopting short-term extensions. The latest extension ( P.L. 109-19 ) funds the program through December 31, 2005. Thus far in the 109th Congress, the Senate Finance Committee has reported S. 667 ( S.Rept. 109-51 ). A bill introduced by House Republican leaders, H.R. 240 , has received approval from the House Ways and Means Committee's Subcommittee on Human...
The Use of Blind Trusts By Federal Officials
A blind trust, as discussed in this report, is a device employed by a federal official to hold, administer and manage the private financial assets, investments and ownerships of the official, and his or her spouse and dependant children, as a method of conflict of interest avoidance. In establishing a qualified blind trust upon the approval of the appropriate supervisory ethics entity, the official transfers, without restriction, control and management of private assets to an independent trustee who may not communicate information about the identity of the holdings in the trust to...
The Chief Justice of the United States: Responsibilities of the Office and Process for Appointment
The lifetime appointment of the Chief Justice of the United States is an event of major significance in American politics because of the enormous power that the Supreme Court exercises as the highest appellate court in the federal judiciary. The Chief Justice, like each of the Court’s other eight Justices, casts one vote when the Court rules on cases. However, the Chief Justice is also “first among equals” and exercises a unique leadership role as the presiding officer of the Court, as the manager of the Court’s overall operations, and as head of the federal judicial branch of government....
Hurricane Katrina and Veterans
This report provides a brief overview of steps currently taken by Department of Veterans Affairs (VA) and Congress to address the needs of veterans in the affected areas.
Klamath River Basin Issues and Activities: An Overview
The Klamath River Basin, an area on the California-Oregon border, has become a focal point for local and national discussions on water management and water scarcity. Water and species management issues were brought to the forefront when severe drought in 2001 exacerbated competition for scarce water resources and generated conflict among several interests -- farmers, Indian tribes, commercial and sport fishermen, other recreationists, federal wildlife refuge managers, environmental groups, and state, local, and tribal governments. The conflicts over water distribution and allocation are...
Drug Certification/Designation Procedures for Illicit Narcotics Producing and Transit Countries
This report summarizes the congressionally-mandated presidential designation procedures on major illicit narcotics producing and transit countries in Section 706 of the Foreign Relations Authorization Act for FY2003 ( H.R. 1646 / P.L. 107-228 ) enacted in September 2002. To put the new procedures in perspective, the report also provides information on the past procedures, the congressional modifications, and recent presidential designations under the revised procedures. This report will not be updated. From the mid-1980s to 2001, Congress required the President to certify in early March...
Emergency Contracting Authorities
Hurricane Katrina has given rise to many emergency contracting situations. This report will attempt to identify and summarize the primary emergency contracting authorities which might be available to facilitate response to these situations. Generally, these authorities may be divided into two categories, general emergency authority, and emergency (or national interest) exceptions to general procurement statutes or regulations.
Congress and the Courts: Current Policy Issues
The purposes of this report are to examine the Congress-court connection along several discrete, but overlapping, dimensions. First, the constitutional authority of Congress and the judiciary is summarized briefly. Second, the report highlights the court’s role as legislative-executive “umpire” and federal-state “referee” in our constitutional system. Third, the report discusses the court’s part in statutory interpretation as well as the diverse ways Congress may “check and balance” the judiciary. Fourth, the paper reviews several current controversies associated with the judicial...
The "Right to Die": Constitutional and Statutory Analysis
In the spring of 2005, national attention was drawn to a series of court and legislative actions regarding the withdrawal of nutrition and hydration from a Florida patient, Theresa Schiavo, who had suffered severe brain damage. For a summary of relevant factual and legal events surrounding this case, see http://www.miami.edu/ethics2/schiavo/timeline.htm and CRS Report RL32830(pdf) , The Schiavo Case: Legal Issues . This case brought new scrutiny to the “right to die” issue. Although the popular term “right to die” has been used as a label to describe the current political debate...
Pakistan's Domestic Political Developments
Pakistan is a strategically important country and home to one of the world's largest Muslim populations. In October 1999, Pakistan's Chief of Army Staff Gen. Pervez Musharraf replaced Prime Minister Nawaz Sharif in a bloodless coup. Following the military overthrow of an elected government, Islamabad faced considerable international opprobrium and was subjected to automatic coup-related U.S. sanctions. The September 2001 terrorist attacks on the United States and Musharraf's ensuing withdrawal of support for the Afghan Taliban regime, however, had the effect of greatly reducing Pakistan's...
Regulatory Waivers and Extensions Pursuant to Hurricane Katrina
This report identifies some of Katrina-related waivers and extensions. Federal agencies have waived a number of regulatory requirements and extended the deadlines for certain reports and applications to assist victims of Hurricane Katrina and to ease the economic effects of the storm.
Israel's Disengagement from Gaza
In December 2003, Prime Minister Sharon announced that Israel would unilaterally withdraw from the Gaza Strip; the evacuation of settlers began on August 17, 2005, and was completed on August 23. Disengagement was carried out efficiently, rapidly, and without major violence. Related issues coordinated with the Palestinians included disposition of settler assets and security. The implications of disengagement for the West Bank, the “Road Map,” and a future Palestinian state are uncertain. The total cost of disengagement exceeds $2 billion, and Congress may deal with a special Israeli...
Key Environmental Issues in the Energy Policy Act of 2005 (P.L. 109-58; H.R. 6)
Debate over a national energy policy has been ongoing since the 107th Congress. Both the 107th and 108th Congresses were unable to complete action on an omnibus energy bill. The 109th Congress debated and passed H.R. 6, the Energy Policy Act of 2005, which was signed by President Bush August 8, 2005 (P.L. 109-58).
The enacted law contains various provisions involving environmental protection and regulation. This report briefly summarizes and discusses the background and implications of key environmental provisions.
Title XV of P.L. 109-58 eliminates the reformulated gasoline (RFG) oxygen...
Albania: Current Issues and U.S. Policy
Some two months after Albania held parliamentary elections, a new government was sworn in on September 11, 2005. Democratic Party leader Sali Berisha, whose controversial term as President of Albania ended in 1997 amidst violent civil unrest, returned to power as the new Prime Minister and leads a center-right coalition government. Along with other states in the western Balkan region, Albania seeks membership in NATO and the European Union, but its accession prospects are not certain. This report may be updated as events warrant. A related CRS report is RL33012, Islamic Terrorism and the Balkans .
The House and Senate have each passed USA PATRIOT Reauthorization Acts, H.R. 3199 and S. 1389 . Both make permanent most of the expiring USA PATRIOT Act sections, occasionally in modified form. After amending two of the more controversial expiring sections, 206 (roving Foreign Intelligence Surveillance Act (FISA) wiretaps) and 215 (FISA tangible item access orders (business records-library records)), they postpone their expiration date, S. 1389 until December 31, 2009; H.R. 3199 until December 31, 2015. Both address questions raised as to the constitutionality of various “national...
Foreign Relations Authorization, FY2006 and FY2007: An Overview
The foreign relations authorization process dovetails with the annual appropriation process for the Department of State, foreign policy, and foreign assistance. Congress is required by law to authorize the spending of appropriations for the State Department and foreign policy activities every two years. The last time Congress passed a stand-alone foreign relations authorization bill was in FY2003 ( P.L. 107-228 ). Foreign assistance authorization measures (such as authorization for the U.S. Agency for International Development, economic and military assistance to foreign countries,...
USA PATRIOT Act Reauthorization in Brief
Both Houses have approved proposals to reauthorize USA PATRIOT Act sections scheduled to expire at the end of the year. The House passed H.R. 3199 on July 21, 2005, 151 Cong. Rec. H6307; the Senate, S. 1389 on July 29, 2005 (although the Senate substituted its language for that of H.R. 3199 and then passed H.R. 3199; for convenience the Senate version of H.R. 3199 is referred to as S. 1389 here). This is a sketch of those bills and how they differ. Their common provisions deal mostly with expanded federal authority under the Foreign Intelligence Surveillance Act (FISA) and the...
Farm Commodity Programs: Base Acreage and Planting Flexibility
This report discusses two policy issues that have arisen regarding planting flexibility on base acres, particularly restrictions on growing fruits and vegetables as an alternative crop. First, some Midwestern producers felt penalized because their history of growing fruits and vegetables reduced their soybean bases under the 2002 farm bill. H.R. 2045 and S. 1038 would allow certain fruits and vegetables to be grown without penalizing any future recalculation of base, while reducing a farm’s subsidy payments for one year. S. 194 would allow chicory to be grown on base acres. Second,...
Hurricane Katrina: The Response by the Internal Revenue Service
After Hurricane Katrina, the Internal Revenue Service (IRS) announced several tax relief measures to aid affected individuals and businesses. They cover a range of subjects, from postponing deadlines for paying taxes and filing returns for individuals, employee benefit plans and tax-exempt bond issuers, to waiving penalties for certain fuel excise taxes. This report summarizes these measures and discusses the statutory authority for the IRS's actions.
Colleges and Universities Attended by Senators of the 109th Congress
This report identifies the colleges and universities attended by Senators serving in the 109th Congress. Where available in published sources, the degrees earned are also listed.
The Macroeconomic Effects of Hurricane Katrina
Hurricane Katrina will have substantial and long-term effects on the economies of southern Louisiana and Mississippi. But, given that those two states account for just 2% of total U.S. gross domestic product, the effects on the national economy will be much less dramatic than the effects on the region. Since the storm, a number of economic forecasters have adjusted their predictions to reflect its effects. Most indicate that, as a result of the storm, national economic growth is expected to be 0.5%-1.0% slower than in the second half of 2005. However, as economic activity recovers in the...
Hurricane Katrina: Shipping Disruptions
This report discusses hurricane Katrina, the extent of the damage, how soon normal port operations can resume, and which shippers in particular will have the hardest time adapting should the disruption continue for an extended period.
Federal Food Assistance: Hurricane Katrina
This report discusses the federal food assistance programs for those affected by Hurricane Katrina, making them automatically eligible for maximum benefits. It also is providing substantial amounts of direct food aid drawn from its commodity stocks.
Federal Disaster and Emergency Assistance for Water Infrastructure Facilities and Supplies
Natural and other disasters, such as Hurricane Katrina, can impair, contaminate, or destroy public water systems, including treatment facilities and distribution systems. Costs of addressing such damage can be substantial, while the potential public health and safety consequences of lost or impaired water supplies necessitate rapid responses. Natural and other disasters also can have calamitous impacts on other water infrastructure facilities, such as wastewater treatment plants and flood control systems. To help address such emergencies, Congress has authorized programs over the years...
Immigration: International Child Adoption
United States citizens adopt more children from abroad than the citizens of all other countries combined, and the number of foreign children adopted annually by U.S. citizens has more than doubled in the last decade from 8,333 to 22,884. Over the previous five years, the largest number of children adopted have come from China (28,690), followed by Russia (24,561), and Guatemala (10,938).
Under statute, international adoption is a two-step process. First, the parents’ eligibility to adopt must be verified, and then once the child is identified and the parents have complied with the laws...
Hurricane Katrina: Activities of the Social Security Administration
This report outlines legislative procedures and also discuss Social Security Administration (SSA) procedures after September 11, 2001, to facilitate new disability, Supplemental Security Income (SSI) SSI, survivors, and death benefit applications.
Emergency Preparedness and Continuity of Operations (COOP) Planning in the Federal Judiciary
This report discusses actions taken by AOUSC following the September 11 attacks, and describes expectations for emergency preparedness and COOP plans in the judiciary. Other sections address issues and policy questions Congress might consider, including matters of the status of judicial emergency and COOP preparedness, and funding for future policy and oversight questions regarding judicial contingency planning.
Selected Opinions of Chief Justice Rehnquist
William H. Justice Rehnquist, appointed to the Supreme Court by President Richard M. Nixon, joined the United States Supreme Court as an associate Justice in 1972. In 1986, President Ronald Reagan nominated him to replace Chief Justice Warren Burger, a position to which he was confirmed by the Senate by a vote of 65 to 33. When Chief Justice Rehnquist died on September 3, 2005, he had served 33 years on the Court.
William H. Rehnquist had a significant influence over a number of issues during his years on the Supreme Court. While he is most often associated with the Court’s renewed...
On June 29, 2004, the United States and Mexico signed a Social Security totalization agreement, the effects of which depend on the yet to be disclosed language of the agreement. A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries. The agreement has not been transmitted to Congress for review, which is required under law before the agreement can go into effect. This report does not attempt to estimate the potential cost of a totalization agreement with Mexico, or reach a conclusion on the effects...
Trends in Poverty in the United States
This report discusses trends in poverty in the United States. In 2004, 37 million people were found poor under the official poverty definition — a 1.1 million increase from 2003. The poverty rate, or percent of the population considered poor, increased for the fourth straight year, to 12.7% in 2004 — up from 12.5% in 2003, and 11.3% in 2000, its most recent low.
Trade Promotion (Fast-Track) Authority in the Trade Act of 2002
On August 6, 2002, President George W. Bush signed the Trade Act of 2002 ( P.L. 107-210 ). Title XXI of the act granted "trade promotion authority" (TPA) to the President. Those provisions included negotiating objectives for trade agreements. They also stipulated that if the notification and consultation requirements and other conditions specified were met by the President, implementing legislation could be considered under expedited legislative procedures (limited debate and no amendment). This report gives an overview of the TPA provisions in the Trade Act of 2002, which could apply to...
The recommendations of the 2005 Base Realignment and Closure (BRAC) Commission will automatically take effect unless, within a stated period after the recommendations are submitted to the House and Senate, Congress adopts a joint resolution of disapproval rejecting them in their entirety. Congressional consideration of this disapproval resolution is not governed by the regular rules of the House and Senate, but by special expedited or “fast track” procedures laid out in statute. This report describes these expedited parliamentary procedures and explains how they differ from the regular...
On August 10, 2005, President Bush signed the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005: A Legacy for Users (SAFETEA-LU or SAFETEA). The act authorizes federal surface transportation programs (highway, highway safety, and transit programs) undertaken by the U.S. Department of Transportation (DOT) for FY2005-FY2009. The previous authorization for FY1998-FY2003, the Transportation Equity Act for the 21st Century (TEA-21, P.L. 105-178 ), expired on September 30, 2003. Since then, surface transportation programs operated in accordance with a series of...
Homeland Security: Protecting Airspace in the National Capital Region
Since September 11, 2001, several actions have been taken to monitor and protect the airspace around Washington, DC. However, many general aviation (GA) interests have protested that extensive airspace restrictions and complex procedures exceed what is necessary to protect critical assets from possible terrorist attacks using aircraft. Policymakers have struggled to address airspace protection needs without unduly impeding air commerce or compromising safety. While the administration is currently seeking to make the airspace restrictions in the National Capital Region permanent, Congress...
This report reviews the recent incidence of terrorism in South Asia, concentrating on Pakistan and India, but also including Afghanistan, Bangladesh, Sri Lanka, and Nepal. The existence of international terrorist groups and their supporters in South Asia is identified as a threat to both regional stability and to the attainment of central U.S. policy goals. Al Qaeda forces that fled from Afghanistan with their Taliban supporters remain active on Pakistani territory, and Al Qaeda is believed to have links with indigenous Pakistani terrorist groups that have conducted anti-Western attacks...
Legislative Branch: FY2006 Appropriations
The President signed H.R. 2985, the FY2006 Legislative Branch Appropriations Act, into P.L. 109-55 on August 2, 2005 (119 Stat. 565). The act provides $3.804 billion in new budget authority, a 4.49% increase of $163.61 million over current budget authority. Going into conference, the House bill contained $2.87 billion, a 1.7% increase over the current budget, excluding funds for Senate items, which were determined by the Senate after House consideration of the bill. The Senate bill contained $3.83 billion, a 6.3% increase, including funds for House items.
The level of funding is less than...
Republic of the Marshall Islands Changed Circumstances Petition to Congress
In September 2000, the Republic of the Marshall Islands (RMI) government submitted to the United States Congress a Changed Circumstances Petition related to U.S. nuclear testing on the Marshall Islands atolls of Bikini and Enewetak during the 1940s and 1950s. The Petition requests additional compensation for personal injuries and property damages and restoration costs, medical care programs, health services infrastructure and training, and radiological monitoring. According to various estimates, between 1954 and 2004, the United States spent over $500 million on nuclear test compensation...
Conventional Arms Transfers to Developing Nations, 1997-2004
This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world.
Developing nations continue to be the primary focus of foreign arms sales activity by weapons suppliers. During the years 1997-2004, the value of arms transfer agreements with...
Navy-Marine Corps Tactical Air Integration Plan: Background and Issues for Congress
The Department of the Navy (DON) in 2003 began implementing a Navy-Marine Corps Tactical Air Integration (TAI) plan aimed at more closely integrating Navy and Marine Corps strike fighter inventories. DON said the plan will reduce strike fighter procurement costs by about $35 billion, but increase strike fighter readiness costs by about $16.5 billion, resulting in a net savings of about $18.5 billion. DON in June 2005 modified the TAI plan to respond to increased operational tempo. The TAI plan raises several potential oversight issues. This report will be updated as events warrant.
The Acceptance of Gifts of Free Meals by Members of Congress
Under House and Senate Rules, Members and staff may not solicit gifts for themselves, and may not accept gifts from any source except in narrowly defined circumstances expressly set out in the respective rules. There is no general exception to the current gift rule prohibitions for the acceptance of free “meals,” and thus meals provided by outside, private third parties to Members or staff are considered “gifts” to them, and may not be accepted unless under circumstances which meet other specific exceptions. There are a number of circumstances under which Members or staff may...
Marine Security of Hazardous Chemical Cargo
Since the terror attacks of September 11, 2001, the nation has been working to improve the security of hazardous chemicals transportation. Marine shipments of hazardous chemical cargo may be attractive terrorist targets because of their large volume and inherent toxicity or flammability. Anecdotal evidence and international events suggest that terrorists may have both the desire and capability to attack such shipments in U.S. waters. Building on existing legislation, Congress is analyzing the security of hazardous chemical marine shipments and deciding whether to strengthen related...
While the acceptance by Members of Congress and staff of personal gifts from most outside, private sources is significantly regulated and restricted by internal congressional rules, Members of the House and Senate may still generally accept from some private sources—other than those who are registered lobbyists or registered foreign agents—necessary travel expenses, including transportation, food and lodging, for travel “in connection with” their official duties, such as for fact-finding trips, conferences or symposia, under certain limited circumstances. Under both House and Senate Rules,...
FY2006 Appropriations for Border and Transportation Security
A well-managed border is central to maintaining and improving the security of the United States against terrorist threats. Border security entails regulating the flow of goods and people across the nation's borders so that dangerous and unwanted goods or people are denied entry. Transportation security entails screening and protecting people and goods as they move between different locations within the country. The overall appropriations over the past three years for Border and Transportation Security, as defined in this report, are as follows: in FY2004, Congress appropriated $18,106...
Federal Voting Systems Standards and Guidelines: Congressional Deliberations
This report discusses deliberations and issues relating to the Federal Election Commission's (FEC) Voluntary Voting System Standards (VSS) and their replacement, the Voluntary Voting System Guidelines (VVSG). States, not the federal government, regulate the voting technologies they use. However, in response to concerns raised in the 1970s and 1980s about the then largely unregulated voting technology industry, Congress funded development by the FEC of voluntary standards for computer-based voting systems but did not establish them specifically by statute. Legislation directing the FEC to...
Cuba After Fidel Castro: Issues for U.S. Policy
This report first examines various transition scenarios for Cuba after Fidel Castro. It then examines implications of the transition for U.S. policy, including U.S. government preparation and current legislative conditions for dealing with a new government.
Minority Rights and Senate Procedures
The rules of the Senate emphasize the rights and prerogatives of individual Senators and, therefore, minority groups of Senators. The most important of these rules allows unlimited debate on a bill or amendment unless an extraordinary majority votes to invoke cloture. Senators can use their right to filibuster, and simply the threat of a filibuster, to delay or prevent the Senate from even considering a bill they oppose. The Senate’s rules also are a source of other minority rights, including the right to propose non-germane amendments to most bills and to prevent bills from being referred...
Japan’s Free Trade Agreement Program
Japan’s trade policy historically has centered on multilateral negotiations and dispute settlement mechanisms. Over the past five years, however, Japan has shifted course somewhat by seeking free trade agreements (FTAs) with a number of countries, mostly in Asia. An FTA is an agreement between two countries or regional groupings to eliminate or reduce tariffs and other barriers on trade in goods and services. Non-members find their exports discriminated against.
The pursuit of FTAs is occurring worldwide. The U.S. has an aggressive program and has FTAs in place with two Asian-Pacific...
Property Rights "Takings": Justice O'Connor's Opinions
When Justice O’Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government’s in Fifth Amendment “takings” cases. This did not happen. Instead, in this area as well as others, she established her place at the Court’s ideological center. To be sure, Justice O’Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted empathy for the property owner did not translate into espousal of bold doctrinal shifts in takings...
The Americans with Disabilities Act: The Opinions of Justice O'Connor
The Americans with Disabilities Act (ADA) is a civil rights statute that has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” (1) Since its enactment in 1990, it has been the subject of numerous lower court decisions and the Supreme Court has decided nineteen ADA cases. Justice O’Connor has been in the majority in almost all of these decisions and has been a deciding vote in several 5-4 decisions, notably in the recent decisions of Garrett v. University of Alabama and Tennessee v. Lane ...
Electric Utility Regulatory Reform: Issues for the 109th Congress
The Public Utility Holding Company Act of 1935 (PUHCA) and the Federal Power Act (FPA) were enacted to eliminate unfair practices and other abuses by electricity and gas holding companies by requiring federal control and regulation of interstate public utility holding companies. Prior to PUHCA, electricity holding companies were characterized as having excessive consumer rates, high debt-to-equity ratios, and unreliable service. PUHCA remained virtually unchanged for 50 years until enactment of the Public Utility Regulatory Policies Act of 1978. PURPA was, in part, intended to augment...
Electric Utility Provisions in House-Passed H.R. 6, 109th Congress
Electric utility provisions were included in comprehensive energy legislation ( H.R. 6 ) that passed the House on April 21, 2005. For an analysis of all provisions of House-passed H.R. 6, see CRS Report RL32936 , Omnibus Energy Legislation, 109th Congress: Assessment of H.R. 6 as passed by the House . The Senate Passed its version of H.R. 6 on June 28, 2005. Conferees on H.R. 6, the Energy Policy Act of 2005, agreed on a final bill July 26, 2005 ( H.Rept. 109-190 ). On July 28, the House approved the conference report (275-156). Senate approval (74-26) of the conference report...
The Middle East Television Network: An Overview
With the United States engaged in Iraq, Afghanistan, and the war on terrorism, Congress and the Bush Administration have created a U.S. government-sponsored Arabic-language television station to bolster U.S. public diplomacy efforts in the Middle East. Supporters of this initiative have asserted that there is a receptive audience for U.S. television, which could counterbalance negative perceptions of U.S. policy that are commonly found in the Arab media. Critics maintain that the Arab media market is already saturated with Western stations and that U.S. public diplomacy funds would be more...
Al Qaeda: Profile and Threat Assessment
There is no consensus among experts in and outside the U.S. government about the magnitude of the threat to U.S. national interests posed by the Al Qaeda organization. Virtually all experts agree that Al Qaeda and its sympathizers retain the intention to conduct major attacks in the United States, against U.S. interests abroad, and against Western countries.
In assessing capabilities, many believe that the Al Qaeda organization and its leadership are no longer as relevant to assessing the global Islamic terrorist threat as they were on September 11, 2001. Some believe U.S. and allied...
Capital Punishment: Selected Opinions of Justice O'Connor
An examination of Justice O’Connor’s opinions on capital punishment reveals a case-by-case approach showing a general support for the death penalty’s constitutionality. However, the opinions also reveal a careful review of the administration of the death penalty by the States. Justice O’Connor’s evolving skepticism about capital punishment has played a significant role in many key decisions regarding the death penalty throughout her twenty-four years on the United States Supreme Court. This report briefly surveys selected decisions of retiring Justice Sandra Day O’Connor in death penalty...
In the aftermath of September 11, 2001, the Federal Bureau of Investigation (FBI) embarked on a program to reform its intelligence and national security programs. In the nearly four years since 9/11 many experts agree the FBI has made progress in some areas (dissemination of raw intelligence), but some believe that the FBI has shown little progress in other areas (establishing an integrated and proactive intelligence program) while the FBI’s budget increased by 68% from FY2000 to FY2005. The Weapons of Mass Destruction Commission has recommended, and the White House has approved, the...
Intellectual Property and Collaborative Research
Innovative individuals and firms have increasingly engaged in collaborative research. The greater complexity of modern technology, heightened specialization in advanced fields, improved means of communications, and the desire to share the risks and expenses of high technology research have each contributed to this trend. Congressional interest in creating an environment conducive to collaborative research has resulted in numerous legislative initiatives. The Patent Law Amendments Act of 1984 and the Cooperative Research and Technology Enhancement (CREATE) Act of 2004 are among those that...
The acquisition of Unocal -- which includes Unocal’s wholly owned subsidiary, Union Oil Co. of California -- by either Chevron Corporation or the China National Offshore Oil Corp. (CNOOC) could have been subject to review by either of two U.S. agencies; which agency reviews a proposed merger or acquisition depends on the origin of the parties, and the reviews are conducted for different reasons. Certain mergers or acquisitions between domestic entities may be evaluated under the Premerger Notification Act by either the Federal Trade Commission (FTC) or the Antitrust Division of the...
Key oversight committees in the 109th Congress have held joint hearings on the Republic of the Marshall Islands (RMI) Changed Circumstances Petition, which requests $522 million in additional compensation for loss-of-use of Enewetak and Bikini atolls due to U.S. nuclear testing. The $522 million appears to be significantly overstated because the methodology -- sample rent data, assumptions, and statistical procedures (i.e., the sampling technique and the use of the exponential regression model) -- overestimates the per-acre rental rate for land on Enewetak and Bikini, the key variable in...
USA PATRIOT Act Reauthorization Proposals and Related Matters in Brief
Both Houses have approved proposals to reauthorize USA PATRIOT Act sections scheduled to expire at the end of the year. The House passed H.R. 3199 , the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 on July 21, 2005, 151 Cong. Rec. H6307. The Senate passed the Judiciary Committee reported S. 1389 , the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, without amendment, on July 29, 2005, 151 Cong. Rec. S9559-562. S. 1389 makes permanent all of the expiring USA PATRIOT Act provisions except for sections 206 (roving FISA wiretaps) and 215 (FISA...
The Budget Reconciliation Process: House and Senate Procedures
The budget reconciliation process is an optional procedure that operates as an adjunct to the budget resolution process established by the Congressional Budget Act of 1974. The chief purpose of the reconciliation process is to enhance Congress’s ability to change current law in order to bring revenue, spending, and debt-limit levels into conformity with the policies of the annual budget resolution.
Reconciliation is a two-stage process. First, reconciliation directives are included in the budget resolution, instructing the appropriate committees to develop legislation achieving the...
Native American Graves Protection and Repatriation Act (NAGPRA): Legal and Legislative Developments
The Native American Graves Protection and Repatriation Act (NAGPRA) was enacted to serve as a means for museums and federal agencies to return certain Native American cultural items (including human remains) to the lineal descendants, culturally affiliated Indian tribes, or Native Hawaiian organizations. NAGPRA makes provision for both intentionally excavated and inadvertently discovered Native American cultural items on federal and tribal lands. Penalties are provided for noncompliance. A Review Committee was established by NAGPRA to monitor the various processes and to assist in dispute...
Homeland Security: Scope of the Secretary's Reorganization Authority
In July of 2005, the Secretary of Homeland Security announced a major reorganization of the Department. While many of the proposed changes may be effectuated administratively, some might require legislative action due to limits on reorganization authority under the Homeland Security Act of 2002 ( P.L. 107-296 ). Section 872 of the Homeland Security Act gives the Secretary of Homeland Security the authority to reorganize functions and organizational units within the Department either: (1) independently, 60 days after the Secretary provides notice of such an action to the...
This report is one of several CRS products related to congressional continuity and contingency planning.
Reintroduction of the 30-Year Treasury Bond: An Economic Analysis
This report discusses the reintroduction of the 30-year bond that could reduce government borrowing costs.
Continuity of Government: Current Federal Arrangements and the Future
Continuity of government refers to the continued functioning of constitutional government under all circumstances. Arrangements for the continued operation of the federal government in the event of a national emergency or catastrophe are specified in law, policy, and plans, some of which are not public information, given their sensitive, contingent status. This report reviews the public record concerning federal continuity of government arrangements. It will be updated to reflect significant developments.
Oil Industry Profits: Analysis of Recent Performance
High prices for crude oil in 2004 and into 2005 have reduced consumers’ purchasing power and raised costs for businesses while providing billions of dollars to the oil industry and oil exporting countries. The industry’s increased revenues have led to record profit levels. As the 109th Congress engages in oversight of recent broad energy legislation which aims to increase the domestic supply of crude oil to mitigate oil price increases in the longer term, another key factor in determining increased supply is how oil companies decide to allocate their profits between shareholder returns and...
Terrorist Financing: U.S. Agency Efforts and Inter-Agency Coordination
Stopping the ability of terrorists to finance their operations is a key component of the U.S. counterterrorism strategy. To accomplish this, the Administration has implemented a three-tiered approach based on (1) intelligence and domestic legal and regulatory efforts; (2) technical assistance to provide capacity-building programs for U.S. allies; and (3) global efforts to create international norms and guidelines. Effective implementation of this strategy requires the participation of, and coordination among, several elements of the U.S. Government. This report provides an...
Chapter 12 of the U.S. Bankruptcy Code: Reorganization of a Family Farmer or Fisherman
Chapter 12 of the U.S. Bankruptcy Code dealing with "family farmer" reorganization, temporarily extended 11 times since its original enactment, is made permanent by enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, P.L. 109-8 . It is amended to include "family fisherman" as well. This report surveys the highlights of this chapter.
The Jackson-Vanik Amendment: A Survey
This report discusses the Jackson-Vanik amendment, which was enacted as part of the Trade Act of 1974 and was directly a U.S. reaction to the severe restrictions the Soviet Union had placed in late 1972 on the emigration of its citizens, but was expanded in its scope to apply to all so-called “nonmarket economy” (NME) countries. The amendment, in effect, requires compliance with its specific free-emigration criteria as a key condition for the restoration of certain benefits theretofore denied to NME countries in their economic relations with the United States.
In Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko (540 U.S. 398 2004), the Supreme Court denied the antitrust claim advanced by a consumer of telecommunications services against a local exchange carrier that had previously been subject to regulatory discipline by both the Federal Communications Commission and the New York Public Service Commission. According to the Court, the fact that Verizon had been found to have breached its duty under the Telecommunications Act of 1996 to adequately share its network with telecommunications companies -- including AT&T, which...
Energy Policy: Comprehensive Energy Legislation (H.R. 6) in the 109th Congress
The House passed H.R. 6, the Energy Policy Act of 2005, on April 21, 2005 (249-183). The legislation includes a “safe harbor” provision to protect methyl tertiary-butyl ether (MTBE) refiners from product liability suits, which was retained after a close vote on an amendment to drop the language (213-219). In the 108th Congress, there was opposition to this provision in the Senate. It is unclear how its inclusion may affect Senate passage of an energy bill in the 109th Congress. House Republicans have indicated that a compromise will be sought to satisfy the other body. Language in the...
China’s Currency: U.S. Options
In recent years, the United States and China have disagreed whether China’s national currency, the yuan or renminbi, is properly valued compared to the U.S. dollar and whether China is manipulating its currency.1 The United States has pushed China to raise the value of its currency. Chinese officials say they want to make their exchange rate system more flexible, but China also needs long-term stability in its currency value in order to avoid dislocations. Chinese officials also say they will not bow to foreign pressure. China announced a new exchange rate procedure on July 21, 2005. This...
Telecommunications Discounts for Schools and Libraries: The “E-Rate” Program and Controversies
This report addresses the controversial issues surrounding the E-rate program’s implementation and subsequent legislative measures introduced to address these issues. An additional issue, concern that minors may gain access to “inappropriate” material through the Internet has also had an impact on the E-rate program.
About 75 countries currently possess cruise missiles. (1) Many experts predict that anti -- ship and land attack cruise missile proliferation will increase in terms of both scope and technological sophistication. This report will be updated as events warrant.
- Cruise missiles differ from ballistic missiles in that they are powered throughout their entire flight and fly a relatively flat, as opposed to ballistic, course to the target.
Supreme Court Opinions: October 2004 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 2004 Term through the end of the Term on June 27, 2005. Included in this listing are all cases decided by signed opinion and selected cases decided per curiam . In addition to the summary, the date of decision is indicated, and cites to United States Law Week and West’s Supreme Court Reporter are provided. Following each synopsis the vote on the Court’s holding is indicated in bold typeface, and authors of the Court’s opinion and of any concurring and dissenting opinions, along with the...
Missile Survey: Ballistic and Cruise Missiles of Selected Foreign Countries
This report provides a current summary of ballistic and cruise missile activity in selected countries and discusses implications for U.S. national security policy. The Defense Threat Reduction Agency’s Weapons of Mass Destruction Terms of Reference Handbook defines a ballistic missile as “a missile that is guided during powered flight and unguided during free flight when the trajectory that it follows is subject only to the external influences of gravity and atmospheric drag” and a cruise missile as “a long-range, low-flying guided missile that can be launched from air, sea, and land.”...
The House approved an omnibus energy bill ( H.R. 6 ) on April 21, 2005, that would open the Arctic National Wildlife Refuge (ANWR) to oil and gas leasing, substantially change oversight of electric utilities, increase the use of alternative motor fuels, provide $8.1 billion in energy tax incentives, and authorize numerous energy R&D programs. The Senate passed its version of H.R. 6 on June 28 without ANWR provisions but with $14.1 billion in tax incentives -- including a nuclear energy production credit -- and provisions on global climate change. Highlights of the bills include:
...
Congressional Review of EPA's Mercury Rule
On June 29, 2005, Senator Patrick Leahy and 31 cosponsors introduced S.J.Res. 20 ; on the same day, a similar resolution ( H.J.Res. 56 ) was introduced in the House by Representative Martin Meehan. If enacted into law, these resolutions would disapprove, under the Congressional Review Act, a rule promulgated by the Environmental Protection Agency on March 29, 2005, in which EPA determined not to regulate hazardous air pollutants from coal- and oil-fired electric utility units under Section 112 of the Clean Air Act. Introduction of the Senate resolution set in motion procedures under which...
Long-Range Fifty Caliber Rifles: Should They Be More Strictly Regulated?
In the 109th Congress, legislation has been introduced to more strictly regulate certain .50 caliber rifles, some of which have been adopted by the U.S. military as sniper rifles. These rifles are chambered to fire a relatively large round that was originally designed for the Browning Machine Gun (BMG). Gun control advocates have argued that these firearms have little sporting, hunting, or recreational purpose. They maintain that these rifles could be used to shoot down aircraft, rupture pressurized chemical tanks, or penetrate armored personnel carriers. Gun control opponents counter that...
Capital Punishment: A Legal Overview Including the Supreme Court Decisions of the 2004-2005 Term
Executions declined through the 1950s and 1960s and ceased after 1967, pending definitive Supreme Court decisions. This interval ended only after States altered their laws in response to the 1972 Supreme Court decision in Furman v. Georgia , a 5-4 decision deciding that the death penalty, as imposed under existing law, constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the U.S. Constitution. In Furman, the Court ruled that the death penalty was arbitrarily and capriciously applied under existing law based on the unlimited discretion accorded...
Before final design activities, property acquisition, or construction for a federally funded surface transportation project can proceed, the Department of Transportation (DOT) is required by law to comply with environmental review provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321, et seq.). In addition, any surface transportation project will potentially require compliance with a variety of federal, state, and local environmental laws, rules, and regulations, in turn requiring the cooperation of federal, state, and local agencies. Some Members of Congress have...
Global Climate Change: The Kyoto Protocol
Negotiations on the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) were completed December 11, 1997, committing the industrialized nations to specified, legally binding reductions in emissions of six "greenhouse gases." The Protocol entered into force on February 16, 2005, and its emissions reduction requirements are binding on the 35 industrialized countries that have ratified it; the United States disengaged from the Protocol in 2001 and has not ratified it. As structured in the negotiations completed in 1997, this treaty would commit the United...
Africa, the G8, and the Blair Initiative
Prior to the July 2005 G8 summit, Britain’s Prime Minister Tony Blair launched a major diplomatic effort to marshal the resources he sees as needed to eradicate extreme poverty in sub-Saharan Africa. As summit chair, he focused the meeting, held at Gleneagles Hotel in Scotland, July 6-8, on this initiative. Blair pushed for a substantial aid increase for Africa beginning in 2006, through an “International Finance Facility” (IFF), and for 100% forgiveness of poor country debt to the international financial institutions. The IFF would have issued bonds to finance an additional $25 billion...
The Federal Consent Decree Fairness Act (S. 489/H.R. 1229) - A Legal Analysis
A “consent decree” refers to an agreement or contract between the parties to a lawsuit which usually settles all outstanding legal issues and is adopted by the court hearing the case as a formal judgment, including appropriate remedies and relief. Such decrees differ from litigated judgments only in that they grow out of negotiation between the parties, rather than being forced on the parties by the court without their consent. In addition, they may be entered by the court at any time, frequently before trial or formal presentation of evidence, and permit resolution of the controversy...
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions and the use of military commissions. The relevant Supreme Court rulings are...
Federal Regulation of Boxing: Current Law and Proposed Legislation
For almost all of the twentieth century, the states exercised complete regulatory control over the sport of boxing. Beginning in 1960, some members of Congress began to investigate a possible federal regulatory role. It was not until the passage of the Professional Boxing Safety Act (PBSA) of 1996, however, that the federal government carved out a place for itself within boxing’s regulatory framework. Four years later, Congress passed the Muhammad Ali Boxing Reform Act of 2000, which, together with the PBSA forms the federal regulatory structure of boxing. This structure contains no...
The Middle East Partnership Initiative: An Overview
The Middle East Partnership Initiative (MEPI) is a program designed to promote political, economic, and educational development in the Middle East. This report provides an overview of the MEPI program, its perception in the Middle East, and its role in the debate over U.S. efforts to promote democracy in the Arab world. For FY2006, the Bush Administration has requested $120 million for MEPI. For FY2005, Congress appropriated $75 million for MEPI, half of the President's original request. MEPI has received an estimated $294 million in funding since its creation in FY2002. This report will...
Liberia's Post-War Transition: Key Issues
Liberia appears on course to hold elections in October 2005, a key goal of a peace accord signed in August 2003. It ended Liberia's second civil war in a decade, and led to the current post-war transition process, which is U.S.-aided. Liberia's security situation is stable but subject to periodic volatility. Humanitarian conditions are improving. Progress on governance has been mixed. The case of Liberia's former president, Charles Taylor, a war crimes indictee living in exile in Nigeria, remains unresolved. This periodically updated report augments CRS Report RL32243 , ...
Kosovo's Future Status and U.S. Policy
This report discusses the issue of Kosovo's future status; that is, whether it should become an independent country, or have some form of autonomy within Serbia.
Federalism Jurisprudence: The Opinions of Justice O'Connor
Justice O’Connor has joined the majority of the Court on many important decisions which resulted in limits on federal power. In majority opinions regarding the Tenth Amendment, sovereign immunity, and the power of Congress under the 14th Amendment, she has emphasized the dictates of the Founding Fathers and noted the policies underlying federalism such as the promotion of state accountability.
Affirmative Action: Justice O'Connor's Opinions
An examination of Justice O’Connor’s opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings. This report briefly surveys decisions of retiring Justice Sandra Day O’Connor in affirmative action cases, an area where her opinions have frequently determined the outcome.
Trade Promotion Authority: Possible Vote on Two-Year Extension
Under the Trade Act of 2002 ( P.L. 107-210 ), Congress approved expedited legislative procedures (no amendment, limited debate) for trade agreements that were entered into before July 1, 2005. The Act provided an automatic two-year extension if: (1) the President requested an extension not later than April 1, 2005; and (2) neither House of the Congress adopted an extension disapproval resolution before July 1, 2005. The President submitted the request for an extension on March 30, 2005. An extension disapproval resolution ( S.Res. 100 ) was introduced in the Senate and referred to the...
Recycling Computers and Electronic Equipment: Legislative and Regulatory Approaches for "E-Waste"
Rapid growth in the use of computers and the incorporation of electronic features in a wide array of consumer products have been among the most important driving forces of the nation's economy in recent years; but they also pose potential environmental problems. In addition to producing better products, the improvements in technology have created growing volumes of obsolete products to be managed as waste. According to the National Safety Council, which undertook the first major effort to gather quantitative information on e-waste, 500 million personal computers will become obsolete in the...
Climate change is generally viewed as a global issue, but proposed responses generally require action at the national level. In 1992, the United States ratified the United Nations’ Framework Convention on Climate Change (UNFCCC) which called on industrialized countries to take the lead in reducing greenhouse gases to 1990 levels by the year 2000. Over the past decade, a variety of voluntary and regulatory actions have been proposed or undertaken in the United States, but carbon dioxide emissions have continued to increase.
Several proposals designed to address greenhouse gases have been...
In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Ninth Circuit Court of Appeals decision considered allegations of contributory and vicarious copyright infringement by companies which distribute peer-to-peer file-sharing software. The software facilitates direct copyright infringement by its users. It was the first decision to reject infringement claims against and find in favor of companies distributing the software. Other digital media file-sharing software decisions found in favor of the copyright holders, most notably A & M Records, Inc. v. Napster, Inc. and In re:...
Selected Opinions of Justice O'Connor
The retirement of Justice O’Connor from the Supreme Court and her replacement by a nominee of President Bush provoke numerous questions about the impact of the change in Court membership in a wide variety of issues, both constitutional and statutory. The purpose of this report is to identify significant opinions of Justice O’Connor, opinions of the Court, concurrences, and dissents, which could assist interested parties to assess possible changes in Court jurisprudence that may be anticipated over the next several years. This report does not attempt to be comprehensive but...
Federal Enterprise Architecture and Information Technology Management: A Brief Overview
Congressional policymakers are concerned about potential inefficiencies and inefficacies in the operation of the federal government, particularly as it relates to decisions regarding information technology (IT) investments. These concerns have increased as federal IT spending has grown to more than $60 billion annually. One approach being implemented to address this issue is the use of enterprise architecture (EA) planning across the federal government. An EA serves as a blueprint of the business operations of an organization, and the information and technology needed to carry out these...
Dietary Supplements: International Standards and Trade Agreements
The dietary supplement industry has long been concerned about international activities that could have a potential impact on supplement trade. As originally proposed, FDA reform legislation contained provisions on mutual agreements and global harmonization that would have applied to most products under FDA jurisdiction. However, Congress explicitly exempted supplements from the final provisions of the Food and Drug Administration Modernization Act of 1997 (P.L. 105-115), which means that these products are not part of on-going trade discussions.
Abortion: Justice O'Connor's Opinions
In 1992, the U.S. Supreme Court, led by Justices O’Connor, Kennedy, and Souter, adopted a new standard for reviewing the constitutionality of restrictions on abortion. Under the new standard, a reviewing court would consider whether an abortion restriction has the effect of imposing an “undue burden” on a woman’s right to obtain an abortion. This report will examine Justice O’Connor’s notable opinions on abortion, and explore her role in the development of the undue burden standard.
S. 1337 , 109th Congress, would authorize the Secretary of Health and Human Services “to award demonstration grants to States for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations.” States desiring grants would be permitted to choose from among three models of alternatives to the tort system: the “early disclosure and compensation model,” the “administrative determination of compensation model,” or the “special health care court model.”
Child Labor in West African Cocoa Production: Issues and U.S. Policy
Stories of children being trafficked to work under horrific conditions in West African cocoa fields emerged in 2000. Shortly thereafter, in 2001, Congress passed H.Amdt. 142 to P.L. 107-76 , FY2002 Agriculture, Rural Development and Food and Drug Administration (FDA) Appropriations , which would have provided $250,000 to the Food and Drug Administration, to be used to develop a label for chocolate products indicating that no child slave labor had been used in the growing and harvesting of cocoa in a product so labeled. A Senate companion bill was never introduced, in part because after...
Condemnation of Private Property for Economic Development: Kelo v. City of New London
In Kelo v. City of New London, decided June 23, 2005, the Supreme Court held 5-4 that the city’s condemnation of private property, to implement its area redevelopment plan aimed at invigorating a depressed economy, was a “public use” satisfying the U.S. Constitution—even though the property might be turned over to private developers. The majority opinion was grounded on a century of Supreme Court decisions holding that “public use” must be read broadly to mean “for a public purpose.” The dissenters, however, argued that even a broad reading of “public use” does not extend to...
Drug Testing In Sports: Proposed Legislation
Following a wave of allegations that the use of performance enhancing drugs by American athletes is growing, various congressional committees have held hearings on the effectiveness of the drug testing policies and procedures of professional sports leagues. Currently, there are six bills before Congress that would create mandatory minimum drug testing procedures for pro sports leagues: S. 1114 ; S. 1334 ; H.R. 2565 ; H.R. 1862 ; H.R. 2516 ; and H.R. 3084 . This report provides a summary of these six bills.
Vieques and Culebra Islands: An Analysis of Cleanup Status and Costs
For decades, the U.S. Navy conducted ship-to-shore bombing exercises and other live-fire training activities on Vieques Island and Culebra Island, located off the coast of Puerto Rico. In response to concerns about risks to public safety, human health, and the environment, Congress directed the Navy to close its training facilities on Vieques Island in 2003 and to relocate them elsewhere. The Navy has begun to investigate the presence of munitions and related contamination on Vieques to determine the cleanup actions that will be necessary to protect human health and the environment, and...
Legal Services and Noncustodial Parents Who Owe Child Support
Enforcement of child support often results in custodial parents and noncustodial parents being in an adversarial relationship. Noncustodial parents often view it as an unbalanced relationship, because custodial parents have access to a network of federal and state resources (e.g., the Child Support Enforcement (CSE) agency and the welfare agency) that are not available to the noncustodial parent. Pending welfare reauthorization legislation ( H.R. 240 and S. 667 ) includes incentives for states to send more of the child support collected on behalf of custodial parents to the family...
Prior to January 1, 2005, alcohol fuel blenders qualified for a 5.2¢ tax exemption against the excise taxes otherwise due on each gallon of blended mixtures (mixtures of 10% ethanol, and 90% gasoline). This exemption, which was scheduled to decline to 5.1¢ on January 1, 2005, reduced the gasoline excise tax for “gasohol,” from 18.4¢ to 13.2¢/gallon. The reduction was realized at the time when the gasoline tax was otherwise imposed: typically when the fuel was loaded from the terminal onto trucks for distribution. The 5.2¢ exemption could also be claimed later, i.e., when blenders filed...
The Advanced Technology Program
The Advanced Technology Program (ATP) was created by P.L. 100-418, the
Omnibus Trade and Competitiveness Act of 1988, to encourage public-private cooperation in the development of pre-competitive technologies with broad application across industries. This activity has been targeted for elimination as a means to cut federal spending. Since FY2000, the original House-passed appropriation bills have not included funding for ATP. Many of the Administration’s budget requests have proposed termination of the program. However, ATP continues to be supported, although at levels below that achieved...
Genetically Engineered Fish and Seafood
Genetic engineering techniques allow the manipulation of inherited traits to modify organisms. Genetically modified (GM) fish and seafood products are currently under development and may offer potential benefits such as increasing aquaculture productivity and addressing human health concerns. However, some critics of this rapidly evolving field are concerned that current technological and regulatory safeguards are inadequate to protect the environment and ensure public acceptance of these products. This report discusses various regulatory and environmental concerns regarding GM fish and...
Ukraine's Orange Revolution and U.S. Policy
In January 2005, Viktor Yushchenko became Ukraine's new President, after massive demonstrations helped to overturn the former regime's electoral fraud, in what has been dubbed the "Orange Revolution," after Yushchenko's campaign color. The "Orange Revolution" has sparked a great deal of interest in Congress and elsewhere. Some hope that Ukraine may finally embark on a path of comprehensive reforms and Euro-Atlantic integration after nearly 15 years of half-measures and false starts. Others are interested in the geopolitical implications of a pro-Western Ukraine in the former Soviet region...
Judicial Recess Appointments: A Legal Overview
Article II of the Constitution provides that the President “shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and counsels, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for and which shall be established by law.” As a supplement to this authority, the Constitution further provides that “[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the...
The Availability of Judicial Review Regarding Military Base Closures and Realignments
The 2005 round of military base realignments and closures (BRAC) is now underway. The Defense Base Closure and Realignment Act of 1990 (Base Closure Act), as amended, establishes mandatory procedures to be followed throughout the BRAC process and identifies criteria to be used in formulating BRAC recommendations. However, judicial review is unlikely to be available to remedy alleged failures to comply with the Base Closure Act’s provisions. A synopsis of the relevant law regarding the availability of judicial review in this context is included below:
The actions of the Secretary of...
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. For additional information on contemporary operation of the system, please see CRS Report RL32611 , The Electoral College: How It Works in Contemporary Presidential Elections , by Thomas H. Neale.
Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804....
When the Supreme Court decided F. Hoffman-LaRoche, Ltd. v. Empagran, S.A. (542 U.S. 155 (2004)), it narrowed the degree to which the Federal Circuits were split concerning the availability of U.S. courts to foreign plaintiffs seeking relief for violations of U.S. antitrust laws; it also lessened the concern of foreign governments, global commercial entities and U.S. antitrust enforcement officials that the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) could be a vehicle for extending the reach of U.S. antitrust laws. A unanimous Court ruled that the FTAIA’s general Sherman Act...
Presidential Succession: An Overview with Analysis of Legislation Proposed in the 108th Congress
Whenever the office of President of the United States becomes vacant due to “removal ... death or resignation” of the chief executive, the Constitution provides that “the Vice President shall become President.” When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both of these offices are vacant simultaneously, then, under the Succession Act of 1947, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the...
Unauthorized Employment of Aliens: Basics of Employer Sanctions
The Immigration Reform and Control Act of 1986 (IRCA) sought to end unauthorized employment by imposing penalties on employers who knowingly hire or continue to employ aliens not authorized to work in the United States (e.g., illegal aliens and foreign tourists). The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)amended some of the provisions of IRCA by reducing the number of acceptable documents for completion of the Employment Eligibility Verification Form (Form I-9) purposes, providing employers with the possibility of a good-faith defense against technical...
Energy Tax Policy: An Economic Analysis
This report provides background on the theory and application of tax policy as it relates to the energy sector, particularly with respect to the theory of market failure in the energy sector and suggested policy remedies. Economic theory suggests that producers of energy-related minerals be taxed no differently than non-mineral producers: Exploration and development costs and other investments in a deposit (including geological and geophysical costs and delay rentals) should be capitalized. In general, competitive mineral producers subject to a pure income tax would not exploit resources...
Comprehensive Test Ban Treaty: Pro and Con
The Comprehensive Test Ban Treaty (CTBT) would ban all nuclear explosions. President Clinton signed it in 1996 and transmitted it to the Senate in 1997. The Senate rejected it in 1999. To enter into force, 44 named nations, including the United States, must ratify the treaty. The Bush Administration opposes ratification but has maintained a moratorium on nuclear testing begun in 1992. This report presents pros and cons of key arguments: the treaty's implications for nuclear nonproliferation, for maintaining and developing nuclear weapons, for the value of nuclear weapons, and for...
Business Tax Provisions That Benefit Persons with Disabilities
This report describes tax provisions designed to either help businesses in making their facilities available to the disabled or to promote the hiring of disabled persons. Federal tax law provides four Internal Revenue Code provisions of special significance to disabled individuals. The first three provisions discussed in this report are employer based: the work opportunity tax credit, the deduction for architectural and transportation barrier removal, and the tax credit for public accommodations expenditures for disabled individuals. A fourth provision, a deduction for employee business...
Federally Mandated Random Drug Testing in Professional Athletics: Constitutional Issues
Problems of usage of steroids and other performance enhancing drugs in professional and amateur athletics have been the focus of a series of investigative hearings before the House Government Reform Committee. The Committee began taking evidence on March 17, 2005, when several former and current players, medical experts, and major league baseball executives were summoned to testify in the first hearing. Committee Chairman Tom Davis has urged all sports leagues to “acknowledge that their testing programs need improvement” and has framed bi-partisan legislation to establish a uniform testing...
Transit Reauthorization in the 109th Congress
This report reviews the current structure and financing of federal transit programs, and briefly examines the financing issues and program changes proposed in the reauthorization bills for surface transportation programs.
What Do Local Election Officials Think about Election Reform?: Results of a Survey
There are more than 9,000 local election jurisdictions in the United States. Local election officials (LEOs) are responsible for administering elections in those jurisdictions. LEOs are therefore critical to the successful implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252 ) and state election laws, but there has been little objective information on the perceptions and attitudes of those officials about election reform. This report, which will not be updated, discusses the results of a recent scientific survey of LEOs. The findings may be useful to Congress in...
Active Sonar and Marine Mammals: Chronology with References
The deployment of active sonar by the U.S. Navy and its potential impacts on marine mammals has been an ongoing issue of intense debate; regulatory, legislative, and judicial activity; and international concern. This report provides a chronology of significant events and documents since 1994.
Poland: Background and Current Issues
Poland and the United States have enjoyed close relations, particularly since the terrorist attacks of September 11, 2001. Warsaw has been a reliable supporter and ally in the global war on terrorism and has contributed troops to the U.S.-led coalitions in Afghanistan and in Iraq -- where it assumed a leading role. Over the past year, however, many Poles have concluded that their country's involvement in Iraq has increasingly become a political liability, particularly on the domestic front. With elections scheduled for September 2005, the government has announced a phased...
More than most countries, Poland's relations today with the rest of the world are influenced by its past. The victim of historical forces and powerful neighbors, Poland was partitioned in the 18th century, and once again in the 20th. This loss of sovereignty may partly explain its assertive foreign policy. Poland has carved out a unique, sometimes maverick role for itself in Europe. A NATO member since 1999, and an EU member since 2004, Poland has forcefully pursued its national interests and has not been reluctant to assert itself with major powers -- for example, with Germany, its...
Medicare has a long-standing history of offering its beneficiaries managed care coverage through private plans as an alternative to the traditional fee-for-service (FFS) program, in which a payment is made for each Medicare-covered service provided to a beneficiary. Beginning in the 1970s, private health plans were allowed to contract with Medicare on a cost-reimbursement basis. In 1982, Medicare’s risk contract program was created, allowing private entities, mostly health maintenance organizations (HMOs), to contract with Medicare. Then, in 1997, Congress passed the Balanced Budget Act of...
This report discusses Smith v. City of Jackson , a recent case in which the Supreme Court held that workers may sue employers under the Age Discrimination in Employment Act (ADEA) for workplace policies that have an adverse impact on older employees, even if the discriminatory effects are not intentional.
Jury Instructions: Arthur Andersen LLP v. United States
On May 31, 2005, the United States Supreme Court issued its decision in Arthur Andersen LLP v. United States , a case concerning disputed jury instructions as to the meaning of a “corrupt persuasion” conviction under 18 U.S.C. section 1512(b). The case was appealed from the Fifth Circuit, which had held that jury instructions issued by the District Court accurately conveyed the meaning of the statutory terms “corruptly persuades” and “official proceeding” and that the jury did not need to find any consciousness of wrongdoing. The Supreme Court reversed, holding that the term at issue...
Agriculture in the WTO: Member Spending on Domestic Support
Under the World Trade Organization’s (WTO’s) Agreement on Agriculture (AA), member countries agreed to general rules regarding disciplines on domestic and export subsidies, and concessions on market access. This report focuses solely on the commitments made by WTO member countries concerning government outlays in support of domestic agricultural production. The three sections of the report provide a brief overview of WTO domestic policy commitments; background information on WTO member requirements for reporting on domestic subsidy outlays; WTO member outlays made to support agricultural...
U.S.-Vietnam diplomatic and economic relations were non-existent for more than fifteen years following communist North Vietnam's victory in 1975 over U.S. ally South Vietnam. Normalization of relations, particularly in the economic sphere, between the United States and unified Vietnam began in earnest in the 1990s. As the normalization process has proceeded, the U.S. has eliminated most of the Cold War-era restrictions on U.S. aid to Vietnam, and U.S. assistance has increased markedly from around $1 million when assistance was resumed in 1991 to nearly $50 million in FY2004. In recent...
Macedonia (FYROM): Post-Conflict Situation and U.S. Policy
In early 2001, an eight-month conflict between ethnic Albanian insurgent forces and Macedonian police and security forces threatened to derail the country's fragile stability and lead to another extended conflict in the Balkans. Later that year, U.S. and European intervention led to the signing of the Ohrid Framework Agreement, which outlined a package of political reforms to expand the rights of the ethnic Albanian minority while rebel forces were disarmed and disbanded under NATO supervision. Implementation of the Ohrid agreement proceeded slowly at first but has progressed in recent...
Health Care Spending: Past Trends and Projections
This report focuses on trends in personal health care spending, which includes spending on health care goods and services provided to individuals and excludes expenditures for administrative costs, research, and public health activities. Personal health care expenditures have grown considerably over the past 40 years. Between 1960 and 2003 (the most recent year available), personal health care spending increased from $23.4 billion to $1.4 trillion. It is estimated that personal health spending will exceed $3.1 trillion in 2014. Data on health expenditures suggest four important trends....
Gonzales v. Raich: Congress’s Power Under the Commerce Clause to Regulate Medical Marijuana
In Gonzales v. Raich, the Supreme Court was presented with a conflict between California’s state law, permitting the medicinal use of marijuana, and the federal Controlled Substances Act (CSA). The Ninth Circuit had found the federal law unconstitutional “as applied,” concluding that its enforcement against medicinal users was beyond Congress’s enumerated power to regulate interstate commerce. The Supreme Court reversed, concluding that Congress had a rational basis for concluding that leaving home-consumed marijuana outside federal control would substantially affect conditions in the...
Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition
The complexities of federal farm and food programs have generated a unique vocabulary. Common understanding of these terms (new and old) is important to those involved in policymaking in this area. For this reason, the House Agriculture Committee requested that CRS prepare a glossary of agriculture and related terms (e.g., food programs, conservation, forestry, environmental protection, etc.). Besides defining terms and phrases with specialized meanings for agriculture, the glossary also identifies acronyms, abbreviations, agencies, programs, and laws related to agriculture that are of...
Among the current issues in U.S.-Egyptian relations are the shared concerns over the terrorist attacks against Egyptian police, religious, government, and tourist facilities, and what those attacks maysignal for Egypt’s domestic stability. The two nations may disagree over Egypt’s interpretation of applying human rights practices to Islamic terrorists. The two countries disagree over the speed and depth, but not the need for some of Egypt’s economic reforms. Egypt and the United States agree on the importance of the Egyptian-Israeli peace treaty, the need to continue current Arab-Israel...
In United States v. Oakland Cannabis Buyers’ Cooperative , 532 U.S. 483 (2001), the United States Supreme Court held, without dissent, that there is no medical necessity defense to the federal law prohibiting cultivation and distribution of marijuana -- even in states which have created a medical marijuana exception to a comparable ban under state law.
Congress classified marijuana as a Schedule I controlled substance, a classification it reserved for those substances which have no currently accepted medical use in the United States. Therefore, the Court concluded, Congress could...
There is no medical necessity defense against prosecution for the federal crimes of cultivating or distributing marijuana, even in places where state law recognizes such a defense. So said the Supreme Court in United States v. Oakland Cannabis Buyers’ Cooperative , 532 U.S. 483, 486 (2001). Although there may be some question as to their vitality, the Court left undecided issues involving a necessity defense for possession and possible commerce clause, enactment clause, and due process clause challenges. In Gonzales v. Raich , 125 S.Ct. 2195 (2005), the Court held that Congress’s’ power...
Constitutionality of a Senate Filibuster of a Judicial Nomination
The Senate cloture rule requires a super-majority vote to terminate a filibuster (i.e., extended debate). The Appointments Clause of the Constitution, which provides that the President is to “nominate, and by and with the Advice and Consent of the Senate, ... appoint” judges, does not impose a super-majority requirement for Senate confirmation. Critics of the Senate filibuster argue that a filibuster of a judicial nomination is unconstitutional in that it effectively requires a super-majority vote for confirmation, although the Appointments Clause does not require such a super-majority...
An Abridged View of the Gang Deterrence and Community Protection Act (H.R. 1279)
The House passed H.R. 1279 , the Gang Deterrence and Community Protection Act of 2005, on May 11, 2005. S. 155 , the Gang Prevention and Effective Deterrence Act of 2005, addresses many of the same issues often to similar effect and occasionally in the same language found in H.R. 1279. H.R. 1279, among other things, would dramatically increase the criminal penalties that follow as a consequence of a conviction for violent crimes, including gang offenses. It would expand the instances where juveniles charged with federal crimes of violence could be tried as adults and would authorize...
Financial Counseling under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Section 106 of P.L. 109-8 , the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), creates credit counseling requirements for consumers seeking to file for bankruptcy under chapter 7 (governing the liquidation of a debtor’s assets) and chapter 13 (governing the financial reorganization of a debtor’s assets). In certain circumstances, these requirements may be waived. BAPCPA amends the U.S. Bankruptcy Code, 11 U.S.C. Section 109, to require an individual to receive credit counseling before filing a petition for bankruptcy. BAPCPA also amends the Bankruptcy Code to...
Major Coal Issues in the 109th Congress
Major legislative issues related to coal in the 109th Congress include coal and energy security, clean air and environmental concerns, funding strategies for technology R&D, loan guarantees for coal gasification projects, and the Abandoned Mine Land (AML) program.
The Administration anticipates a long-term reliance on coal because of its relatively low-cost abundance. Coal supplies 22% of U.S. energy demand but over 50% of the energy used by the electric power sector. The Energy Information Administration forecasts electricity consumption to grow by 1.9% per year through 2025. The...
The Safe-Harbor Provision for Methyl Tertiary Butyl Ether (MTBE)
Methyl tertiary butyl ether (MTBE) is a fuel additive in wide use throughout the United States. Due to leakage from underground storage tanks and other sources of exposure, MTBE has been found in the drinking water supplies of several states. Whether to shield certain parties from MTBE-related liability proved controversial in the 108th Congress, and ultimately no legislation addressing the issue was enacted. In the 109th Congress, the Energy Policy Act of 2005 ( H.R. 6 ) has been passed by the House of Representatives; it contains a safe-harbor provision protecting any...
Army Corps of Engineers Civil Works Program: Issues for the 109th Congress
This report presents the issues considered by the 109th Congress related to the civil works program of the U.S. Army Corps of Engineers (Corps). The Corps plans, constructs, and operates water resources facilities primarily for flood control, navigation, and environmental purposes.
The Uruguay Round Agreements Act (URAA) legislatively approved the World Trade Organization (WTO) Agreement and the specialized agreements annexed to it. It also enacted the provisions implementing the many obligations the United States undertook under them, and contains provisions (Section 125) establishing the legislative procedure for Congressional withdrawal of such approval. Initiation of such withdrawal action is predicated on the transmission by the Administration of a mandatory quinquennial report, next due by March 1, 2005, analyzing the costs and benefits of past U.S....
World Oil Demand and its Effect on Oil Prices
The price of oil began rising in October 2003 and reached record levels in 2004 and again in 2005. As a result of these price increases, consumers’ budgets have been under pressure, business costs have risen, and oil producers’ profits have increased. The 109th Congress is considering broad energy legislation ( H.R. 6 ), that addresses conditions in the oil and petroleum products markets.
A long term explanatory factor for increasing oil prices could be the decline of the world reserve base. The reserves to production ratio is the measure which indicates the world’s ability...
Medicaid and SCHIP: The President's FY2006 Budget Proposals
This report describes the proposal and provides an estimate of the cost or savings based on publicly available information. The report provides a brief background for the proposal and provides a listing of current Congressional Research Service (CRS) reports related to the proposal.
World Trade Organization (WTO): Issues in the Debate on U.S. Participation
The World Trade Organization (WTO) is of interest to the 109th Congress for several reasons. First, House Members considered a joint resolution (H.J.Res. 27) to withdraw congressional approval of the agreement establishing the WTO. The House Ways and Means Committee reported the resolution adversely on May 26, 2005, and the full House disapproved the resolution by a vote of 338-86 on June 9, 2005. Debate on the resolution offered Members an opportunity to examine the costs and benefits of WTO participation and examine other aspects of WTO membership.
Second, the 109th Congress will monitor...
Gang Deterrence: A Legal Analysis of H.R. 1279 With References to S. 155
The Gang Deterrence and Community Protection Act of 2005, H.R. 1279 as passed by the House, among other things, would dramatically increase the criminal penalties that follow as a consequence of a conviction for violent crimes, including gang offenses. It would expand the instances where juveniles charged with federal crimes of violence can be tried as adults and would authorize the establishment of criminal street gang enforcement teams.
More precisely, it would establish either longer maximum prison terms or mandatory minimum terms (or both) for federal street gang offenses, Travel...
Unrest in Andijon, Uzbekistan: Context and Implications
This report examines the large-scale domestic unrest that occurred in eastern Uzbekistan in May 2005 that resulted in hundreds of civilian casualties. Implications for Uzbekistan and for its relations with the United States are examined. This report may be updated. Related products include CRS Report RS21238 , Uzbekistan ; and CRS Issue Brief IB93108, Central Asia , updated regularly.
NAFTA at Ten: Lessons from Recent Studies
On January 1, 2004, the North American Free Trade Agreement (NAFTA) completed its tenth year and most of its provisions are now implemented. Its anniversary sparked numerous evaluations, which are particularly relevant as the United States pursues free trade agreements with multiple Latin American countries. Most studies found NAFTA's effects on the U.S. and Mexican economies to be modest at most. This report provides an analytical summary of the economic lessons reached in support of Congress's role in the trade policy process. It will not be updated.
Reconciliation and the Deficit in FY2006 and Through FY2010: Fact Sheet
This report discusses the budget resolution for FY2006 (H.Con.Res. 95), adopted by Congress on April 28, 2005, which included reconciliation instructions for three bills.
Information Technology (IT) Management: The Clinger-Cohen Act and the Homeland Security Act of 2002
The role of information technology (IT) figures prominently in the Homeland Security Act of 2002 ( P.L. 107-296 ). Although most of these provisions are primarily focused on external information management (i.e., the department’s interactions with other departments and agencies), some internal information management provisions are also included to help address the challenges of absorbing the programs, personnel, and objectives now residing in other agencies. For example, Section 103 addresses an aspect of federal management, the creation of a Chief Information Officer (CIO), which was...
In the 109th Congress, the Senate Finance Committee and the House Ways and Means Subcommittee on Human Resources have approved legislation that would reauthorize and revise the Temporary Assistance for Needy Families (TANF) Block Grant. This legislation, S. 667 and H.R. 240 , also includes many changes to the Child Support Enforcement (CSE) program, a component of the government’s social safety net. In 1996, Congress passed significant changes to the CSE program as part of its reform of welfare. S. 667 was reported by the Senate Finance Committee on March 17, 2005 ( S.Rept. 109-51 )....
The trade-through rule mandates that when a stock is traded in more than one market, transactions may not occur in one market if a better price is offered on another market. Defenders of the rule portray it as an essential protection for investors, particularly small investors who find it difficult to monitor their brokers' performance. Opponents argue that its principal effect is anti-competitive; that it protects traditional exchanges -- where brokers and dealers meet face to face on trading floors -- from newer forms of trading based on automatic matching of buy and sell orders. In...
Country-of-Origin Labeling for Foods
The 2002 farm bill (P.L. 107-171) as modified by the FY2004 USDA appropriation (P.L. 108-199) mandates retail country-of-origin labeling (COOL) for fresh produce, red meats, and peanuts starting September 30, 2006, and for seafood starting September 30, 2004. Some in Congress still strongly support mandatory COOL, especially after discoveries since 2003 of “mad cow” disease in four Canadian-born cattle. Others counter that COOL is a marketing, not an animal or human health, concern and should be voluntary.
Military Base Closures: Implementing the 2005 Round
On November 15, 2002, Secretary of Defense Donald Rumsfeld announced the first steps in implementing the new 2005 base realignment and closure (BRAC) law. These included development of a force structure plan, comprehensive inventory of military installations, and establishment of criteria for selecting bases for closure and realignment. The Secretary of Defense submitted a report to Congress on March 23, 2004, confirming the need for a further BRAC round and certifying that an additional round of closures and realignments would result in annual net savings, over a period ending no later...
Congressional Oversight of Judges and Justices
This report addresses Congress’s oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. While Congress has the power to regulate the structure, administration and jurisdiction of the courts, its power over the judicial acts of individual judges or Justices is more restricted. For instance, Congress has limited authority to remove or discipline a judge for decisions made on the bench. Article III, Section 1 of the Constitution provides...
Port and Maritime Security: Background and Issues for Congress
The terrorist attacks of September 11, 2001 heightened awareness about the vulnerability to terrorist attack of all modes of transportation. Port security has emerged as a significant part of the overall debate on U.S. homeland security. The overarching issues for Congress are providing oversight on current port security programs and making or responding to proposals to improve port security.
The U.S. maritime system consists of more than 300 sea and river ports with more than 3,700 cargo and passenger terminals. However, a large fraction of maritime cargo is concentrated at a...
State Unemployment Taxes and SUTA Dumping
This report provides a summary of the State Unemployment Tax Acts (SUTA) Dumping Prevention Act of 2004, P.L. 108-295 . The term "SUTA dumping" refers to a variety of tax planning strategies used by employers to minimize the tax burden of federally mandated state unemployment taxes. The strategies exploit the differences in methods state employ to determine unemployment tax rates among established employers and the method by which states determine the tax rate of new firms and firms that have either created new subsidiaries or have absorbed other firms. SUTA dumping creates tax inequities...
The Constitution empowers the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. Further exceptions are proposed ( H.R. 1986 ,...
The current debate about consular identification cards in the United States has centered around the matrícula consular, the consular identification card issued by Mexican consulates to Mexican citizens in the United States. In May 2003, the Treasury Department issued regulations allowing acceptance of the cards as proof of identity for the purpose of opening a bank account, and the cards are accepted for other purposes as well, including issuance of drivers licenses.
Consular identification cards raise issues for domestic policy and foreign policy. With respect to domestic policy,...
In a sweeping decision issued on June 26, 2003, the Supreme Court struck down a Texas state statute that made it a crime for homosexuals to engage in certain private sex acts. Specifically, the Court’s ruling in Lawrence v. Texas held that the due process privacy guarantee of the Fourteenth Amendment extends to protect consensual gay sex. Although the Court also considered whether the Texas state statute violated the constitutional right to equal protection, the Court ultimately based its ruling on broader privacy grounds. In addition, the Court also overturned its 1986 decision in ...
Immigration: Analysis of the Major Provisions of the REAL ID Act of 2005
During the 108th Congress, a number of proposals related to immigration and identification-document security were introduced, some of which were considered in the context of implementing recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) and enacted pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). At the time that the Intelligence Reform and Terrorism Prevention Act was adopted, some congressional leaders reportedly agreed to revisit certain immigration and document-security...
EPA's Proposed Policy on Wastewater Blending: Background and Issues
In November 2003 the Environmental Protection Agency (EPA) proposed a policy concerning a wastewater treatment practice called blending. The policy was intended to clarify when the practice can be allowed and still adhere to Clean Water Act regulations and requirements. Some cities use blending to manage peak flows of water and waste into wastewater treatment plants during and after storms as a way to prevent conditions that otherwise result in raw sewage backups into homes and other buildings or overflows into nearby waters. Blending involves routing excess wastewater around the plant's...
Public Relations and Propaganda: Restrictions on Executive Agency Activities
Controversies recently have arisen over certain executive branch agencies' expenditures of appropriated funds on public relations activities, some of which have been characterized as propagandistic. Generally speaking, there are two legal restrictions on agency public relations activities and propaganda. 5 U.S.C. 3107 prohibits the use of appropriated funds to hire publicity experts. Appropriations law "publicity and propaganda" clauses restrict the use of funds for puffery of an agency, purely partisan communications, and covert propaganda. No federal agency monitors federal public...
In calling for a clear, strong, and long-term commitment to the military-dominated government of Pakistan despite serious concerns about that country's nuclear proliferation activities, The 9/11 Commission cast into sharp relief two long-standing dilemmas concerning U.S. policy towards Pakistan and South Asia. First, in an often strained security relationship spanning more than five decades, U.S. and Pakistani national security objectives have seldom been congruent. Pakistan has viewed the alliance primarily in the context of its rivalry with India, whereas American policymakers have...
The Individuals with Disabilities Education Act (IDEA): Paperwork Reduction in P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1400 et seq .) is both a grants statute and a civil rights statute. It provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). School districts must identify, locate, and evaluate all children with disabilities, regardless of the severity of their disability, to determine which children are eligible for special education and related services. Each child receiving services has an...
Federal Farm Promotion ("Check-Off") Programs
This report discusses the so-called beef check-off program, one of a number of generic promotion programs for beef and other agricultural products that Congress has authorized in recent decades. Supporters view check-offs as economically beneficial self-help activities that need minimal government involvement or taxpayer funding. Producers, handlers, and/or importers are required to pay an assessment, usually deducted from revenue at time of sale — thus the name check-off. However, some farmers contend they are being “taxed” for advertising and related activities they would not...
Recent controversy regarding the use of consular identification cards (IDs) by aliens within the United States, in particular Mexico’s matricula consular, has led to calls for legislation to regulate the issuance of the cards by foreign missions or their acceptance by U.S. government and private entities. This report identifies possible implications that U.S. regulation or monitoring of the issuance of these cards by foreign missions might have upon U.S. obligations under the Vienna Convention on Consular Relations (VCCR), which protects foreign missions in the exercise of their legitimate...
About 30% of the land in the United States is controlled by federal land managers through several different federal agencies. Much of this land contains valuable paleontological [fossil] resources. There is no comprehensive management policy or statute for the management or the protection of paleontological resources located on federal lands. Current, management authority derives from certain resource protection statutes, from general criminal theft statutes concerning the theft of government property, and from certain site-specific statutes. Congress has considered legislation to provide...
Clean Air Interstate Rule: Review and Analysis
On March 10, 2005, the Environmental Protection Agency (EPA) issued its final rule to address the effects of interstate transport of air pollutants on nonattainment of the National Ambient Air Quality Standards (NAAQS) for fine particulates (PM2.5) and ozone (specifically, the 8-hour standard). The Clean Air Interstate Rule (CAIR) was first proposed as the Interstate Air Quality (IAQ) rule and appeared in the Federal Register January 30, 2004. For PM2.5, CAIR finds that the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from 23 states and the District of Columbia...
On April 5, 2004, Indonesia successfully completed the first step of a multi-phase election process for 2004. The first phase elected the national legislature and the new regional representative council. The second phase, held on July 5, 2004, sought to elect a President. This led to a run-off election on September 20, 2004, between Susilo Bambang Yudhoyono, the current president, and Megawati Sukarnoputri, the former president of Indonesia. The 2004 elections were judged to be free and fair. This bodes well for evolution of democracy in Indonesia. Nationalist and secular parties were...
DR-CAFTA, Textiles, and Apparel
The Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), signed on August 5, 2004, by the United States, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic is a comprehensive and reciprocal trade agreement that, if ratified by all parties, would govern market access of goods, services trade, investment, government procurement, intellectual property, labor, and the environment. With respect to textiles and apparel, DR-CAFTA is comparatively less restrictive than most other trade agreements and trade preference programs regarding...
Combat Aircraft Sales to South Asia: Potential Implications
In March 2005, the Bush Administration announced a willingness to resume sales of F-16 combat aircraft to Pakistan. Potential sales to India are also being considered. These potential sales have political, military, and defense industrial base implications for the United States and the South Asia region. H.R. 1553 and S. 12 would impose nonproliferation conditions on these sales.
This report’s focus is on vaccination, one of the most cost-effective methods available to prevent infectious diseases. Whether a vaccine’s target is naturally occurring or present because of hostile intent, the issues policy makers must deal with include vaccine development, production, availability, safety, effectiveness, and access. Vaccines are biologics: their basic components begin as living material. They introduce bacteria or dead or weakened viruses into a person or animal to stimulate an immune reaction that the body will remember if assaulted by the same pathogen in the future. ...
Congressional Authority Over the Federal Courts
This report examines Congress’ legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. Usually congressional oversight of the judicial branch is noncontroversial, but when Congress proposes to use its oversight and regulatory powers in a manner designed to affect the outcome of pending or previously decided cases, constitutional issues can be raised. In recent years, Congress has considered...
Agriculture in the WTO: Policy Commitments Made Under the Agreement on Agriculture
The Uruguay Round (UR) of multilateral trade negotiations, completed in 1994, represented the first significant step toward reforming international agricultural trade. Under the UR negotiations, domestic policies and trade policies were viewed as interconnected. As a result, WTO member countries committed to disciplines in agricultural support in three broad areas -- domestic agricultural support programs, export subsidies, and market access -- often referred to as the three pillars of the Agreement on Agriculture (AA). In addition, members also agreed to provisions concerning the handling...
FY2005 Supplemental Appropriations for Iraq and Afghanistan, Tsunami Relief, and Other Activities
On February 14, 2005, President Bush submitted an $81.9 billion supplemental appropriation request for FY2005 (subsequently amended to total $82.04 billion) to provide funds for ongoing military operations in Iraq and Afghanistan, the “global war on terror,” reconstruction in Afghanistan, Tsunami relief and rehabilitation, and other activities. As the fifth supplemental of the Bush Administration to focus on the “global war on terrorism” and homeland security, these supplemental funds for FY2005 would be in addition to the $25.7 billion received in August 2004 as part of the FY2005 DOD...
The “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” in the 109th Congress
S. 256, the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” (BAPCPA), 109th Congress, 1st Sess. (2005) was passed by the Senate with several amendments on March 10, 2005. The House passed the Senate version, without amendment, on April 14, 2005. The bill was signed into law, P.L. 109-8, by President Bush on April 20, 2005. The new law addresses many areas of bankruptcy practice, including consumer filings, small business bankruptcy, tax bankruptcy, ancillary and cross-border cases, financial contract provisions, amendments to chapter 12 governing family farmer...
Copyright Protection of Digital Television: The "Broadcast Flag"
This report addresses the adoption of a “broadcast flag” system by the Federal Communications Commission (FCC) to protect digital television (DTV) broadcasts from unauthorized redistribution. The report also addresses the recent decision of the United States Court of Appeals for the District of Columbia Circuit reversing and vacating the FCC’s broadcast flag report and order.
Securities Fraud: Dura Pharmaceuticals, Inc. v. Broudo
On June 28, 2004, the United States Supreme Court granted certiorari in the case Dura Pharmaceuticals, Inc. v. Broudo , appealed from the United States Court of Appeals for the Ninth Circuit. The case concerns allegedly false statements made by Dura to its shareholders concerning development and marketing of two of its products: an asthma inhaler and asthma antibiotic. Plaintiffs charge that the company knowingly defrauded investors by making overly optimistic statements about product approval and company earnings. The district court held that plaintiffs had not satisfied the...
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2005 Assistance
In 2004, Congress considered a number of issues relating to the Andean region and drug trafficking. The Administration requested $731 million for the Andean Counterdrug Initiative for FY2005, and $114 million for economic assistance programs. Congress also changed the level of U.S. military and civilian contractor personnel allowed to be deployed in Colombia, in response to an Administration request. Congress continues to express concern with the volume of drugs readily available in the United States and elsewhere in the world. The three largest producers of cocaine are Colombia, Bolivia,...
The SAFE Acts of 2005: H.R. 1526 and S. 737 - A Sketch
Somewhat different SAFE Acts have been introduced in both the House and Senate: S. 737 , the Security and Freedom Enhancement Act of 2005 (introduced by Senator Craig) and H.R. 1526 , the Security and Freedom Ensured Act of 2005 (introduced by Representative Otter). Although the Senate bill is more detailed, they address many of the same issues, most of which relate to the USA PATRIOT Act -- roving Foreign Intelligence Surveillance Act (FISA) wiretaps, delayed notification of “sneak and peek” search warrants, library and similar exemptions from FISA tangible item orders and...
Two SAFE Acts, S. 737 and H.R. 1526 address some of the issues raised by the USA PATRIOT Act. They amend the Foreign Intelligence Surveillance Act (FISA) to require that FISA surveillance orders particularly identify either the target or the facilities or places targeted. They limit delayed notification of sneak and peek searches to cases involving exigent circumstances (injury, flight, destruction of evidence, witness intimidation risks) and cap the extent of permissible delay. Both bills restrict FISA access orders to instances where there are specific and articulable reasons to...
The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “the Individuals with Disabilities Education Act Improvement Act” ( P.L. 108-446 ), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA...
This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate. It also discusses nominations to full-time positions in 38 executive branch organizations (25 independent agencies, six agencies in the Executive Office of the President (EOP), and seven multilateral banking organizations) and four legislative branch agencies. It excludes appointments to executive departments and to regulatory and other boards and commissions, which are covered in other reports. The Federal Emergency Management Agency,...
Federal-State Maritime Boundary Issues
Over the last few decades, new uses for coastal and offshore areas have emerged, including aquaculture and renewable energy (wind, wave, and tidal), while more traditional uses, such as commercial fishing and oil and gas development on the Outer Continental Shelf, have continued to flourish. As technologies improve, companies may increasingly seek to move activities farther offshore and to expand resource development in both state and federal waters. Various interests argue over which policies and regulations will best minimize conflicts between competing offshore resource users while...
Congress is again considering whether to permit drilling for oil and gas in the coastal plain of the Arctic National Wildlife Refuge (ANWR), Alaska, to designate the area as wilderness, or to retain the status quo of maintaining the area as a Refuge without drilling. This area is rich in wildlife and wilderness values, but may also contain significant oil and gas deposits. H.R. 567 and S. 261 have been introduced in the 109th Congress to designate the coastal plain of ANWR a wilderness, but H.R. 6 has passed the House. Title XXII of the bill would authorize oil and gas leasing in...
East Timor: Potential Issues for Congress
With the help of a transitional United Nations administration, East Timor emerged in 2002 as an independent state after a long history of Portugese colonialism and more recently, Indonesian rule. This followed a U.N.-organized 1999 referendum in which the East Timorese overwhelmingly voted for independence and after which Indonesian-backed pro-integrationist militias went on a rampage. Under several different mandates, the United Nations has provided peacekeeping, humanitarian and reconstruction assistance, and capacity building to establish a functioning government. On April 28, 2005, the...
Agriculture in the WTO Doha Round: The Framework Agreement and Next Steps
Member countries of the World Trade Organization (WTO) reached agreement on July 31, 2004 on a framework for negotiating agricultural trade liberalization in the multilateral trade round known as the Doha Development Agenda (DDA). The framework, part of a work program for all negotiating issues in the DDA (non-agricultural market access, services, trade facilitation, etc.), sets the stage for negotiations, now underway, to determine specific targets or formulas ("modalities") for curbing trade-distorting domestic support, reducing trade barriers and eliminating export subsidies. A draft...
Effective Dates of the Bankruptcy Abuse Prevention and Consumer Protection Act
The means test and consumer provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8 , will become operative on October 17, 2005. Other provisions of the law, cited below, took effect on the date of enactment, April 20, 2005, or will take effect at another future date.
Legislative Vetoes After Chadha
In INS v. Chadha, 462 U.S. 919 (1983), the Supreme Court struck down Congress's use of the "legislative veto," a device used for half a century to control certain activities in the executive branch. Congress had delegated power to executive officials on the condition that Congress could control their decisions without having to pass another law. These legislative controls, short of a public law, included one-house vetoes, two-house vetoes, and committee vetoes. Congress no longer relies on one-house or two-house vetoes, but committee and subcommittee vetoes continue to be a part of...
Minimum Distribution Requirements for Foundations: Proposal to Disallow Administrative Costs
Legislation introduced in the House ( H.R. 7 ) to provide tax incentives for charitable giving includes provisions disallowing the counting of administrative costs as part of a minimum distribution requirement for private foundations. The Ways and Means Committee has modified this provision in reporting out the bill by restricting the types of administrative costs eligible. H.R. 7 was passed by the House on September 17, 2003. The issue of administrative costs and minimum distributions has been the subject of a series of changes in the past, but currently there are no restrictions other...
Strategic Mobility Innovation: Options and Oversight Issues
Since the George W. Bush Administration announced its proposal to reduce the U.S. military overseas basing posture, strategic mobility has been the topic of many policy discussions. The Administration’s identification of transformation as a major goal for the Department of Defense (DOD), technological advances, the Quadrennial Defense Review (QDR) deployment goals, and anti-access issues also have relevance with regard to the topic of strategic mobility. The issue for the 109th Congress is to determine which investments should be pursued today to develop strategic mobility platforms to...
Post-9/11 National Threat Notification Efforts: Issues, Actions, and Options for Congress
A perceived lack of coordination in the federal government's warning notification process and inconsistent messages regarding threats to the homeland have led to an erosion of confidence in the information conveyed to the Nation. Congress is now considering legislation ( H.R. 1817 , The Department of Homeland Security Authorization Act for FY2006) to reform the Homeland Security Advisor System to allow for greater confidence in the threat information conveyed to the Nation. Since September 11, 2001, numerous federal government organizations have notified the public of threats to the...
In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to...
Federal Excise Taxes on Tobacco Products: Rates and Revenues
This report examines increases in excise tax rates on tobacco products contained in the Balanced Budget Act of 1997 (P.L. 105-33). Under that act, the increased rates on tobacco products became effective in two stages. The first scheduled increase in rates occurred on January 1, 2000, while the second increase in rates occurred two years later on January 1, 2002
Affiliates in Banking, Finance, and Commerce: Development and Regulatory Background
The proliferation of corporate affiliates in banking, finance, and commerce has figured in discussion of several policy issues, including how to protect against (1) losses incurred by affiliated companies; (2) anticompetitive “tying” of bank and nonbank financial services; and (3) misuse of financial data of consumers. This report outlines the nature and evolution of affiliates, primarily from a regulatory perspective. It provides background for discussing financial issues involving corporate affiliates.
Discretionary Spending: Prospects and History
Federal spending has changed, both in size and composition over the last 40 years. Total federal spending is now a larger percentage of the economy (as measured by gross domestic product — GDP) than it was in 1965 (19.8% of GDP vs 17.2% of GDP). Mandatory spending (generally spending that result from laws other than appropriations acts, such as Social Security and Medicare), has grown substantially, both as a percentage of GDP and as a percentage of total spending to become, today, the largest component of federal spending. Mandatory spending, without significant changes to the programs...
House Select Committee on Intelligence: Leadership and Assignment Limitations
Both House rules and respective party rules address committee assignments and leadership selection. Several of those rules apply specifically to select committees, and in some cases, are unique to the Permanent Select Committee on Intelligence. This report identifies House rules, Republican Conference rules, and Democratic Caucus rules that affect the makeup of the Permanent Select Committee on Intelligence. It will be updated if events warrant.
China's Growing Interest in Latin America
Over the past year, increasing attention has focused on China’s growing interest in Latin America. Most analysts appear to agree that China’s primary interest in the region is to gain greater access to needed resources -- such as oil, copper, and iron -- through increased trade and investment. Some also believe Beijing’s additional goal is to isolate Taiwan by luring the 12 Latin American and Caribbean nations still maintaining diplomatic relations with Taiwan to shift their diplomatic recognition to China. Some analysts maintain that China’s involvement in the region could pose a future...
Standing Order and Rulemaking Statute: Possible Alternatives to the "Nuclear Option"?
Concern over the Senate’s inability to reach a vote on certain pending nominations has led some Senators to express an interest in amending or bypassing the supermajority requirement to limit consideration now required by Senate rules. Such an approach to ending filibusters, dubbed the ‘nuclear’ or ‘constitutional’ parliamentary option, might be accomplished in several ways, some of which, opponents argue, could violate Senate rules or precedents.
It might also be possible to institute new consideration limits on nominations by establishing a new standing order or by statutory...
Defense Budget: Long-Term Challenges for FY2006 and Beyond
Over the next few months, Congress will be considering Administration requests for more than half a trillion dollars for national defense, including money in the regular defense budget for Fiscal Year 2006 (FY2006), supplemental appropriations for costs of ongoing military operations in FY2005, and, possibly, additional funds in FY2006 to provide a "bridge" until future supplemental appropriations for operations in Iraq and Afghanistan are available. The Administration's defense budget plans face some potentially daunting, though by no means unprecedented, long-term challenges,...
An Overview of the Impeachment Process
The Constitution sets forth the general principles which control the procedural aspects of impeachment, vesting the power to impeach in the House of Representatives, while imbuing the Senate with the power to try impeachments. Both the Senate and the House have designed procedures to implement these general principles in dealing with a wide range of impeachment issues. This short report provides a brief overview of the impeachment process, reflecting the roles of both the House and the Senate during the course of an impeachment inquiry and trial.
Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national...
Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some...
Coup in Kyrgyzstan: Developments and Implications
Kyrgyzstan is a small and poor country that gained independence in 1991 with the breakup of the Soviet Union. It was long led by Askar Akayev -- who many observers warned was becoming increasingly autocratic -- but the country was still considered "the most open, progressive and cooperative in Central Asia," according to the U.S. Agency for International Development. The United States has been interested in helping Kyrgyzstan to enhance its sovereignty and territorial integrity, increase democratic participation and civil society, bolster economic reform and development, strengthen human...
Health Information Technology: Promoting Electronic Connectivity in Healthcare
The Institute of Medicine, the National Committee on Vital and Health Statistics, and other expert panels have identified information technology (IT) as one of the most powerful tools for reducing medical errors, lowering health costs, and improving the quality of care. However, the U.S. health care industry lags far behind other sectors of the economy in its investment in IT, despite growing evidence that electronic information systems can play a critical role in addressing the many challenges the industry faces. Adoption of health IT systems faces significant financial, legal,...
The "Superwaiver" Proposal and Service Integration: A History of Federal Initiatives
As part of the continuing debate over welfare reform reauthorization, the Bush Administration has supported a proposal that would enable states to obtain waivers from certain federal rules of various welfare-related programs in order to integrate activities across a wide spectrum of social services. This proposal, often referred to as the "superwaiver," would provide broad waiver authority to executive branch agencies that administer covered programs. The Administration has argued that giving state and local authorities more flexibility to coordinate workforce and family support programs...
The Sale of a Principal Residence Acquired Through a Like-Kind Exchange
When business or investment property is exchanged for property of a “like kind,” (often referred to as a 1031 exchange) no gain or loss is recognized on the exchange, and therefore, no tax is paid at the time of the exchange on any appreciation in the value of the property . This report discusses the like-kind exclusion, which is sometimes combined with the exclusion of tax on the gain from the sale of a principal residence. In effect, this combination can allow taxpayers to avoid paying tax on the gain from the sale of their investment property.
Coastal Louisiana Ecosystem Restoration: The Recommended Corps Plan
The 109th Congress may consider legislation that authorizes activities to counter the widespread conversion of lands (mostly wetlands) to open water in coastal Louisiana. In its final report on restoring the coastal Louisiana ecosystem, released January 25, 2005, the U.S. Army Corps of Engineers (Corps) recommends congressional authorization of specific projects and general programs to both slow the process of conversion and reestablish land at some converted sites. The Corps estimates that this entire package of recommended activities would cost a total of $1,996 million. Included in this...
Designation of Critical Habitat under the Endangered Species Act (ESA)
The agencies that implement the Endangered Species Act (ESA) regard the designation of critical habitat (CH) as providing only very limited benefits beyond those achieved through the listing of species and the avoidance of jeopardy to them. Several courts have now held that the relevant regulation and interpretation that result in this conclusion are erroneous and do not carry out the intent of Congress. H.R. 1299 in the 109th Congress would change the definition of CH and move the time at which critical habitat must be designated for a species from being (basically) concurrent with the...
Director of National Intelligence: Statutory Authorities
In passing the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) in late 2004, Congress approved the most comprehensive reform of the U.S. Intelligence Community since its establishment over 50 years ago. Principal among enacted changes was the establishment of a new position of the Director of National Intelligence (DNI) to manage the Intelligence Community. Some observers have questioned whether the new statute provides the DNI the necessary authorities to effectively manage the Community.
Indian Ocean Earthquake and Tsunami: Food Aid Needs and the U.S. Response
On December 26, 2004, an undersea earthquake of magnitude 9.0 off the coast of Aceh Province (Sumatra) in Indonesia set off a series of large tidal waves across the Indian Ocean region. (1) In all, 12 countries were hit by wave surges, with the brunt of the impact in coastal communities in Indonesia, the Maldives, Sri Lanka, and Thailand. The death toll has been estimated at 140,000-200,000. An estimated 2 million people are in urgent need of food aid. Thus far, the United States, other countries, and international organizations have pledged over $4 billion in emergency assistance. The...
Border and Transportation Security: Overview of Congressional Issues
Enhancing border and transportation security (BTS) are essential strategies for improving and maintaining homeland security. Border security entails regulating the flow of traffic across the nation's borders so that dangerous and unwanted goods and people are detected and denied entry. This requires a sophisticated border management system that balances the need for securing the nation's borders with facilitating the essential free flow of legitimate commerce, citizens, and authorized visitors. Transportation security involves securing the flow of people and goods along the nation's...
The United Nations and "Gun Control"
Since the mid-1990s, some sources have stated that the United Nations is trying to disarm the world by taking control of all guns, including in particular, guns held by private citizens in the United States. U.N. member states have discussed problems associated with increasing numbers of firearms throughout the world in various U.N. organs and subsidiary bodies. These discussions have been directed towards illegal manufacture and trafficking in firearms. This report summarizes the results of these considerations in two central U.N. venues -- the criminal arena and the arms control...
State Regulation of Tribal Lands in New York: City of Sherrill v. Oneida Indian Nation of New York
On March 29, 2005, the Supreme Court issued its decision in City of Sherrill v. Oneida Indian Nation of New York , a case with serious implications for the State of New York’s ability to regulate tribal lands within New York. A federal appeals court had ruled that the Oneida Indian Nation could, by purchasing former reservation lands illegally alienated from the tribe, reestablish the reservation status of those lands and thereby shield them from state taxation. The Supreme Court reversed this decision, holding that the passage of time between the illegal conveyance and the claim in this...
Child Welfare Financing: An Issue Overview
Child welfare programs are designed to protect children from abuse or neglect. Services may be offered to stabilize and strengthen a child’s own home. If this is not a safe option for the child, however, he or she may be placed in foster care while efforts to improve the home are made. In those instances where reuniting the child with his or her parents is found to be impossible, a child welfare agency must seek a new permanent (often adoptive) home for the child.
In FY2003, the most recent year for which complete data are available, the federal government provided states with some $6.9...
Hazardous Materials Transportation Security: Highway and Rail Modes
Hundreds of thousands of trucks and railroad tank cars transport tons of hazardous materials (hazmat) daily. There is virtually an unlimited number of ways that these shipments are at risk from attack by terrorists. By implementing a "layered" system of measures affecting shippers, carriers, and drivers, many in the public and private sectors seek to reduce associated security risks. This system involves incident prevention, preparedness, and response. A major challenge is to increase cost effectively the security of these shipments, especially those that pose the most danger to...
Sentencing Under the Federal Sentencing Guidelines: An Abridged Controlled Substance Example
Until recently, the federal Sentencing Guidelines determined the sentences meted out as punishment for most federal crimes. Then the Supreme Court declared that as a matter of constitutional necessity the Guidelines must be viewed as advisory rather than mandatory. The Guidelines remain a major consideration nevertheless. The Guidelines system is essentially a scorecard system. The purpose of this report is to give a bare bones description of the score-keeping process with a simple example of how it works in a drug trafficking case. This report is an abridged version -- without footnotes,...
Presidential Review of Agency Rulemaking
Presidential review of agency rulemaking is widely regarded as one of the most significant developments in administrative law since the introduction of the first formal review programs in the 1970s. The evolution of presidential review of agency rulemaking efforts from the Reagan era through the current Administration marks a significant assertion and accumulation of presidential power in the regulatory context. While initial presidential forays into centralized regulatory review were limited in scope, presidential review of rules has emerged as one of the most effective and controversial...
Sentencing Under the Federal Sentencing Guidelines: An Abridged Terrorism Related Example
Until recently, the federal Sentencing Guidelines determined the sentences meted out as punishment for most federal crimes. Then the Supreme Court declared that as a matter of constitutional necessity the Guidelines must be viewed as advisory rather than mandatory. The Guidelines remain a major consideration nevertheless. The Guidelines system is essentially a scorecard system. The purpose of this report is to give a bare bones description of the score-keeping process with a simple example of how it works in a terrorism related case. This report is an abridged version -- without...
How the Federal Sentencing Guidelines Work: Two Examples
Until recently, the federal Sentencing Guidelines determine the sentences imposed as punishment for most federal crimes. They are now only advisory, but remain a major sentencing consideration. The guidelines system is essentially a scorecard system. This is a discussion of how the system works using two relatively simple examples -- one involving a terrorism-related crime and the other involving drug trafficking -- and following this roadmap:
I. Identify the applicable guideline which sets the base offense level for the crime(s) of conviction (i.e., the level assigned based on the...
On March 1, 2005, the Supreme Court handed down its decision in Cherokee Nation of Oklahoma v. Leavitt . The conflicts in the case (actually two consolidated cases) involved federal agencies’ duty to fund contract support costs for contracts with Indian tribes under the Indian Self-Determination and Education Assistance Act (ISDA).
While the case in some ways turned on technical questions of statutory interpretation and appropriations law, it also presented interesting questions regarding the federal government’s legal responsibility to honor ISDA contracts and how this responsibility...
Detention of American Citizens as Enemy Combatants
The Supreme Court in 2004 issued three decisions related to the detention of “enemy combatants,” including two that deal with U.S. citizens in military custody on American soil. In Hamdi v. Rumsfeld , a plurality held that a U.S. citizen allegedly captured during combat in Afghanistan and incarcerated at a Navy brig in South Carolina is entitled to notice and an opportunity to be heard by a neutral decision-maker regarding the government’s reasons for detaining him. The Court in Rumsfeld v. Padilla overturned a lower court’s grant of habeas corpus to another U.S. citizen in military...
Aviation Security-Related Findings and Recommendations of the 9/11 Commission
The 9/11 Commission found that al Qaeda operatives exploited known weaknesses in U.S. aviation security to carry out the terrorist attacks of September 11, 2001. While legislation and administration actions after September 11, 2001 were implemented to strengthen aviation security, the 9/11 Commission concluded that several weaknesses continue to exist. These include perceived vulnerabilities in cargo and general aviation security as well as inadequate screening and access controls at airports.
The 9/11 Commission issued several recommendations designed to strengthen aviation...
Child Welfare: An Analysis of Title IV-E Foster Care Eligibility Reviews
Title IV-E of the Social Security Act authorizes states to seek federal reimbursement for certain costs of providing foster care for children who can no longer safely remain in their homes. The statute permits states to make a claim for federal reimbursement of costs that are linked to providing foster care to each federally eligible child. In FY2003, the most recent year for which data are available, states sought federal reimbursement under this authority for approximately $4.5 billion in foster care costs. The U.S. Department of Health and Human Services (HHS), periodically conducts...
Border and Transportation Security: Selected Programs and Policies
Border and Transportation Security (BTS) is a pivotal function in protecting the American people from terrorists and their instruments of destruction. This report addresses selected programs and policies now in place that seek to attain higher levels of BTS. It is the second in a three-part series of CRS reports that make use of analytical frameworks to better understand complex phenomena and cast them in terms that facilitate consideration of alternative policies and practices. (The first report in the series, CRS Report RL32839 , Border and Transportation Security: The Complexity of...
Border and Transportation Security: Possible New Directions and Policy Options
There is consensus that Border and Transportation Security (BTS) is a pivotal function in protecting the American people from terrorists and their instruments of destruction. The issue for Congress is how to achieve desired levels of security, while not compromising other important values in the process. This report addresses possible new approaches and policy options that might be explored by Congress to attain these goals. It is one of three CRS reports in a series that make use of analytical frameworks to better understand complex problems in BTS and to facilitate consideration of...
Senate procedure permits most matters to be decided by a simple majority of Senators voting (with a quorum present). Yet Senate procedure generally lacks means for a simple majority to limit consideration and proceed to a vote. As a result, Senate minorities can attempt to block proposals by preventing a vote from occurring, a practice known as filibustering. Filibuster opponents have long sought to institute rules permitting a voting majority to limit consideration, most recently, in relation to judicial nominations. The Senate has seldom been able to adopt such limits, however, because...
Iraq’s Trade with the World: Data and Analysis
This report provides detailed trade information and statistics on Iraq’s trade with the world from 2001 to 2003, highlighting its major trading partners. Data on U.S. trade with Iraq from 2002 to 2004 are also provided.
Country Applicability of the U.S. Normal Trade Relations (Most-Favored-Nation) Status
The United States accords permanent normal-trade-relations (NTR) (formerly called most-favored-nation (MFN)) treatment to all its trading partners except two countries to which it is denied by law and ten countries whose NTR status is temporary and subject to the conditions of Title IV of the Trade Act of 1974.
Health Care Quality: Improving Patient Safety by Promoting Medical Errors Reporting
In the 108th Congress, the House and Senate passed competing versions of the Patient Safety and Quality Improvement Act ( H.R. 663 , S. 720 ), but the differences between the two measures were never resolved. On March 9, 2005, the Senate Committee on Health, Education, Labor, and Pensions unanimously approved S. 544 , which is identical to S. 720 . The legislation would establish legal protections for data and reports on medical errors in an effort to encourage voluntary reporting of such information. The patient safety bills are in response to the 1999 Institute of Medicine (IOM)...
On December 8, 2003 the President signed into law the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA, P.L. 108-173). This legislation establishes a Medicare prescription drug benefit, effective January 1, 2006. In the interim, the legislation requires the Department of Health and Human Services (HHS) to establish a temporary program of Medicare-endorsed prescription drug discount cards. This report discusses the objectives and benefits of this legislation.
The Family and Medical Leave Act: Background and U.S. Supreme Court Cases
This report provides background on the eligibility and notification requirements for taking leave under the Family and Medical Leave Act (“FMLA”). The FMLA guarantees eligible employees 12 workweeks of unpaid leave for the birth or adoption of a child; for the placement of a foster child; for the care of a spouse, child, or parent suffering from a serious health condition; or for a serious health condition that makes the employee unable to perform the functions of the employee’s position. Since the FMLA’s enactment in 1993, the U.S. Supreme Court has considered two cases involving the...
The Schiavo Case: Legal Issues
Recently, there have been a series of court and legislative actions regarding the proposed withdrawal of nutrition and hydration from a Florida patient, Theresa Schiavo, who has suffered severe brain damage. This report provides a synopsis of the factual and legal issues related to the case. The report then analyzes P.L. 109-3 , “For the relief of the parents of Theresa Marie Schiavo.” This law provides that either parent of Theresa Marie Schiavo shall have standing to bring a suit in federal court. Under this law, the federal courts shall determine de novo any claim of a violation of...
9/11 Commission Recommendations: The Senate Confirmation Process for Presidential Nominees
On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States, known as the 9/11 Commission, issued its final report, detailing the events up to and including the September 11, 2001 terrorist attacks upon the United States. The report contained 41 recommendations on ways to prevent future catastrophic assaults, including a series of proposals designed to improve the presidential appointments process as it relates to the top national security officials at the beginning of a new administration. On October 6, the Senate passed legislation ( S. 2845 ) to implement many...
The Title X Family Planning Program
This report discusses Title X of the Public Health Service Act. The program, enacted in 1970, is the only federal program devoted solely to family planning and related preventive health services. Although the authorization for Title X ended with FY1985, funding for the program has been provided through bills that provide appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies.
Border Security: Immigration Issues in the 108th Congress
This report provides background information on the main immigration-related border security issues that have been raised as a result of the terrorist attacks and resulting concern for homeland security. It describes enacted legislation in the 107th Congress as well as in previous Congresses that focus on immigration-related border security issues. The report also poses possible immigration-related border security issues the 108th Congress may consider.
Democratic Republic of Congo: Transitional Process and U.N. Mission
The Democratic Republic of Congo (DRC) is expected to hold local and national elections in mid-2005, as called for in the 2002 South African-sponsored Pretoria Agreement. The Transitional Government faces daunting challenges. The eastern part of the country is marred by insecurity and instability due to factional fighting and the presence of the Interhamwe, the group responsible for the 1994 Rwandan genocide.
Fairness in Asbestos Injury Resolution Act of 2005 (H.R. 1360, 109th Congress)
This report provides an overview of H.R. 1360 , the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as introduced by Representative Kirk on March 17, 2005. H.R. 1360 would create the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously been sued for asbestos-related injuries, and by insurers of such companies. Asbestos claims could no longer be filed or pursued under state...
Military Base Closures: The 2005 BRAC Commission
The President and Congress have completed the selection of nine members to the 2005 Base Realignment and Closure Commission. On or about May 16, 2005, the Department of Defense (DOD) is to send the Commission its recommended list of installations to be closed or realigned. The Commission, in turn, is to spend several months reviewing DOD’s list, and then forward its findings and recommendations to the President no later than September 8, 2005. This report focuses exclusively on developments relating to the Base Realignment and Closure (BRAC) Commission. It examines relevant factors of...
House Rules Affecting Committees
The rules of the House of Representatives, especially Rules X-XIII, govern the authority and operations of its committees and subcommittees. In many respects, the House allows each of its committees to decide for itself how to conduct its business. However, the House does impose various requirements and prohibitions on its committees; and because the committees are the agents of the House, they are obligated to comply with all House directives that apply to them.
This report identifies and summarizes the provisions of the House’s standing rules and certain other directives that affect...
United States Sentencing Guidelines After Blakely: Booker and Fanfan - A Sketch
Sentencing in federal court has been governed by the United States Sentencing Guidelines. The Supreme Court has upheld the Guidelines in the face of arguments that they constituted an unconstitutional delegation of authority and an affront to the separation of powers. Yet thereafter, the Court held that due process and the right to a criminal jury trial require that any fact (other than the fact of a prior conviction) that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and proved beyond a reasonable doubt. And for this reason, the Court, in ...
Indian Ocean Earthquake and Tsunami: Humanitarian Assistance and Relief Operations
On December 26, 2004, a magnitude 9.0 undersea earthquake off the west coast of northern Sumatra, Indonesia, unleashed a tsunami that affected more than 12 countries throughout south and southeast Asia and stretched as far as the northeastern African coast. Current official estimates indicate that more than 250,000 people are dead or missing and millions of others are affected, including those injured or displaced, making this the deadliest tsunami on record. Sections of Indonesia, Sri Lanka, India, and Thailand have suffered the worst devastation. In response, the United Nations, the...
For fifteen years, sentencing in federal court had been governed by the United States Sentencing Guidelines. During that time, the Supreme Court has upheld the Guidelines in the face of various challenges. In the meantime, however, it had decided a series of cases which called into question past assumptions relating to the role of the jury in the sentencing process. In Apprendi , the Court held that any fact that increases the penalty for a crime beyond the statutory maximum assigned for that offense must be submitted to the jury and found beyond a reasonable doubt. The federal Sentencing...
The United States - Mexico Dispute over the Waters of the Lower Rio Grande River
The waters from the lower Rio Grande River are shared between the United States and Mexico pursuant to a 1944 Treaty. Beginning in 1992, Mexico claimed that “extraordinary drought” prevented it from fully meeting and repaying its water delivery obligations under the Treaty. Water supplies for users in South Texas (as well as Mexico) were significantly reduced as a result. Mexico owes the United States approximately 730,700 acre feet of water and is under threat of international litigation for allegedly expropriating water at the expense of South Texas water users, though it recently...
Genetic Testing: Scientific Background and Nondiscrimination Legislation
Issues surrounding genetic discrimination and privacy in health insurance and employment are currently being debated in the 109th Congress. This report provides a comprehensive overview of the status of genetic testing in the United States.
Iraq: Frequently Asked Questions About Contracting
This report provides answers to frequently asked questions about contracts for the reconstruction and recovery in Iraq after Operation Iraqi Freedom (OIF), and questions about contracts for providing support services to the U.S. military during and after OIF. The report describes the governing authorities for federal government contracting policy in general, and Iraqi contracting policy in particular; the contracting process, issues, and challenges; the authority of individual federal agencies; contract awards and the identity of major prime contractors; the business procurement process,...
An Overview of the U.S. Public Health System in the Context of Emergency Preparedness
This report describes the U.S. public health infrastructure: the structure, organization, and legal basis of domestic public health activities. In contrast with healthcare, public health practice is aimed at decreasing the burden of illness and injury in populations, rather than individuals. Public health agencies use epidemiologic investigation, laboratory testing, information technology, public and provider education, and other tools to support their mission, activities that in turn rely on an adequate and well-trained public health workforce. Federal leadership for public health is...
Identity Theft: The Internet Connection
Concern is growing about identity theft -- where one person assumes the identity of another by stealing personally identifiable information (PII), such as credit card or Social Security numbers. High profile incidents disclosed in early 2005 involving ChoicePoint, Bank of America, and LexisNexis, where the PII of more than a million Americans may have been compromised, have refocused congressional attention on this issue. Many associate the rise in identity theft cases with the Internet, but surveys indicate that comparatively few victims cite the Internet as the source of their stolen...
The Government Performance and Results Act of 1993 (P.L. 103-62), known as GPRA or the Results Act, sought to promote greater efficiency, effectiveness, and accountability in federal spending by establishing a new framework for performance management and budgeting in federal agencies. GPRA represents the latest in a series of initiatives in the last 55 years attempting to link budget levels with expected results, so that spending decisions can be better aligned with anticipated performance, an approach commonly referred to as “performance budgeting.”
On April 9, 2001, President Bush...
The PROTECT (Amber Alert) Act and the Sentencing Guidelines
Congress enacted the Protect Act (also known as the Amber Alert Act), P.L. 108-21 ( S. 151 / H.R. 1104 ), to deal with crimes of violence against children, minors, juveniles, adolescents, infants, and those under the age of 18. Title IV of the Protect Act amends the law relating to the federal sentencing guidelines in order to ensure that sex offenders are punished appropriately. Its provisions are a response to the Justice Department's concern that, all too often particularly in cases of sexual offenses, the federal courts had departed from the sanctions called for in the guidelines to...
Navy Force Architecture and Ship Acquisition: Selected FY2006 Issues for Congress
This report is based on CRS testimony at a March 10, 2005, hearing on Navy force structure and ship acquisition before the Projection Forces Subcommittee of the House Armed Services Committee. Since February 2003, if not earlier, there has been no current, officially approved, unambiguous plan for the future size and structure of the Navy.
Floor Procedure in the House of Representatives: A Brief Overview
The House considers bills and resolutions on the floor under several different sets of procedures governing the time for debate and the opportunities for amendment. Some procedures allow 40 or 60 minutes for debate; others permit debate to continue until a majority of Members vote to end it. Some procedures prohibit most or all floor amendments; others allow Members to offer any amendments that meet the requirements
of the House’s rules and precedents. Notwithstanding these differences, the rules, precedents, and practices of the House generally are designed to permit the majority to work...
Hardrock Mining: State Regulation
Various state and federal laws play important roles in the regulation of mining activities. Mining for hardrock minerals on federal public lands is governed primarily by the General Mining Act of 1872. The General Mining Act authorizes a prospector to locate and claim an area believed to contain a valuable mineral deposit, subject to the payment of certain fees. The General Mining Act does not, however, require payment of a production-related royalty, as is required for federal oil, gas, and other minerals governed by more recently enacted laws. Critics of the General Mining Act suggest...
The Cost of Operations in Iraq, Afghanistan, and Enhanced Security
This CRS report estimates that the Department of Defense (DOD) has received over $201 billion for combat operations, occupation, and support for military personnel deployed or supporting operations in Iraq and Afghanistan and for enhanced security at military installations, collectively called the “global war on terrorism.”
This report provides background information and analysis of issues concerning possible congressional action to reduce the number of positions to which the President makes appointments with the advice and consent of the Senate (PAS positions). Among other topics, the report discusses the constitutional framework that guides congressional action in this area, identifies potential congressional options, and analyzes associated institutional and political considerations.
The Constitution provides Congress with considerable discretion over which officers of the United States will be in PAS...
Power Marketing Administrations: Proposals for Market-Based Rates
The federal government operates four agencies created to market power generated at federally constructed multi-purpose dams. The four power marketing administrations -- Bonneville Power Administration (BPA), Southeastern Power Administration (SEPA), Southwestern Power Administration (SWPA), and Western Area Power Administration (WAPA) -- sell power to publicly or cooperatively owned utilities at rates based on their costs. These costs are specified in legislation and include the government’s cost of operating hydropower facilities, a portion of the construction costs, and interest payments...
Implications for the Senate of President Bush's Proposal on Judicial Nominations
President Bush has said that the current process for confirming federal appellate and district court judges is too partisan and has broken down, echoing a critique raised by most contemporary Presidents. In late 2002, Bush proposed a series of changes to the system that, he argues, would accelerate the process by setting timetables for action and guaranteeing a Senate vote on each nominee. The proposal raises questions about the traditional powers of the Senate and its constitutional role in offering “advice and consent” on the dozens of nominations submitted each year for the third branch...
Nursing Workforce Programs in Title VIII of the Public Health Service Act
Responding to concerns about existing or impending shortages of nurses, Congress passed the Nurse Training Act of 1964 (P.L. 88-581). It established in Title VIII of the Public Health Service Act (PHSA) the first comprehensive federal support for programs to develop the nursing workforce. Through subsequent authorizations, these programs have been amended to increase opportunities in nurse education and training for individuals and institutions. Currently, Title VIII authorizes grants to institutions, and scholarships and loans to individuals, for basic and advanced levels of nursing...
Appropriations for FY2005: Interior and Related Agencies
The Interior and related agencies appropriations bill includes funds for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for some agencies or programs within three other departments—Agriculture, Energy, and Health and Human Services. It also funds numerous related agencies. H.R. 4568, the Interior and Related Agencies Appropriations bill for FY2005, was passed by the House (334-86) on June 17, 2004. The bill contained $20.03 billion. The Senate companion bill, S. 2804, was reported by the Senate Committee on Appropriations (S.Rept. 108-341) on September 14,...
Capital Punishment and Juveniles
In Roper v. Simmons , 543 U.S. ____ (2005), the United States Supreme Court held that the Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 at the time of the offense. In deciding Roper , the Court was not writing on a clean slate. In 1988, in Thompson v. Oklahoma , 487 U.S. 815 (1988), the Court struck down the death penalty for juvenile offenders under the age of 16. The Court last reviewed the issue in 1989, when its decision in Stanford v. Kentucky , 492 U.S. 361 (1989) set the minimum eligibility age for the death...
Troubled by reported lapses in security and counterintelligence (CI) at the Department of Energy (DOE), the Congress in 1999 established a semi-autonomous agency -- the National Nuclear Security Administration (NNSA) -- to oversee DOE’s national security-related programs ( P.L. 106-65 ). Within NNSA, Congress created the Office of Defense Nuclear Counterintelligence to implement CI policy at NNSA facilities. DOE retained a separate Office of Counterintelligence, which develops CI policy for DOE and NNSA, but, implements it only at non-NNSA facilities. Though representing separate...
Abandoned Mine Land Fund Reauthorization: Selected Issues
The Surface Mining Control and Reclamation Act (SMCRA, P.L. 95-87 ), enacted in 1977, established reclamation standards for all coal surface mining operations and for the surface effects of underground mining. It also established the Abandoned Mine Land (AML) program to promote the reclamation of sites mined and abandoned prior to the enactment of SMCRA. To finance reclamation of abandoned mine sites, the legislation established fees on coal production. These collections are divided into federal and state shares; subject to annual appropriation, AML funds are distributed annually to...
Cloture: Its Effect on Senate Proceedings
Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. Until 1949, cloture could not be invoked on nominations, and before 1980 this action was attempted only twice. From 1949 through 2002, cloture was sought on 35 nominations, and invoked on 21.
This compilation provides information on roll call and other record votes taken in the House of Representatives and Senate from the first Congress through the 108th Congress, 1789 through 2004.
Table 1 provides data for the House, the Senate, and both chambers together. Data provided include total record votes taken during each Congress, and the cumulative total record votes taken from the first Congress through the end of each subsequent Congress. The data for each Congress are also broken down by session, from the 80th Congress through the 108th Congress, 1947 through 2004.
Figures 1...
An Analysis of the Administration's Deficit Reduction Goal
This report briefly discusses the Bush Administration's proposal to reduce the deficit between FY2004 and FY2009. It discusses the provisions of the FY2006 budget proposal in respect to the Administration's deficit reduction goal. CRS has constructed a modified baseline budget which, arguably, provides a “best guess” of the path of future deficits if current policy is extended. Under this alternative, the deficit is projected to rise to $425 billion in FY2009.
The NATO Summit at Prague, 2002
In November 2002, the NATO allies met in Prague at the "Transformation" summit in an attempt to define part of the alliance's mission to combat against terrorism and the proliferation of weapons of mass destruction. They pledged to obtain the military capabilities to accomplish that mission. Not all allies agree on the implications of such policies. The allies also named seven states as eligible for membership. This report will not be updated. See also CRS Report RL32342 , NATO and the European Union , and CRS Report RS21659 , Prague Capabilities Commitments .
The 108th Congress did not complete action on legislation to reauthorize the block grant of Temporary Assistance for Needy Families (TANF), instead adopting short-term extensions. The latest extension funds the program through March 31, 2005. Though welfare reauthorization failed to receive final action, a bill ( H.R. 4 ) did pass the House and a substitute measure was reported from the Senate Finance Committee. The differences in the two bills highlight some of the contentious issues in the reauthorization debate.
The House-passed and Senate Finance Committee bills were very similar in...
Congressional Official Mail Costs
This report discusses the franking privilege , which allows Members of Congress to send official mail at government expense, such as letters commenting on legislation and casework, press releases, government reports, town meeting notices, and newsletters.
European Union's Arms Control Regime and Arms Exports to China: Background and Legal Analysis
In recent months, discussions have been held within the European Union (EU) on the question of lifting the embargo on arms exports to the People’s Republic of China that was imposed on China on June 27, 1989. The prospect that the EU would lift its embargo on arms exports to China has led to a number of on-going discussions between EU member states and the United States government, which strongly opposes such an action at this time on human rights and security issues grounds. Key nations within the European Union, particularly France and Germany, strongly support lifting of the embargo....
Clear Skies and the Clean Air Act: What's the Difference?
The 109th Congress, like the two before it, is expected to consider proposals to control emissions of multiple pollutants from electric power plants. The bills include an Administration-based proposal, the Clear Skies Act ( S. 131 ), which would control emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury, and other bills that would control the three pollutants plus the greenhouse gas carbon dioxide.
Much of the debate surrounding the Administration’s Clear Skies proposal has focused on its cap-and-trade implementation scheme. But in some ways, the proposal’s...
Terrorist Financing: The 9/11 Commission Recommendation
Although efforts to seize terrorist funds have met with some success, in July 2004, the 9/11 Commission asserted that the likelihood of being able to continue freezing funds may diminish as terrorists seek increasingly more informal methods of earning and moving money. The financial support of terrorism involves both earning funds, through legal and illegal means, and the illicit movement of money to terrorist groups. The Commission recommended that the U.S. government shift the focus of its efforts to counter terrorist financing from a strategy based on seizing terrorist assets to a...
Financial Privacy Laws Affecting Sharing of Customer Information Among Affiliated Institutions
The privacy provisions of the Gramm-Leach-Bliley Act of 1999 ( P.L. 106-102 ) do not permit customers to preclude financial institutions from sharing nonpublic personal information with affiliated companies; they merely require companies to notify their customers of their practices of information sharing with affiliates. Until the Fair Credit Reporting Act (FCRA) was amended in 1996, sharing of such information with affiliates might have subjected a company to being regulated as a credit reporting agency. Under provisions added in 1996, 15 U.S.C. Sections 1681a(d)(2)(A)(ii) and (iii),...
Base Realignment and Closure (BRAC): Property Transfer and Disposal
The Defense Base Realignment and Closure Act of 1990 and the Federal Property and Administrative Services Act of 1949 provide the basic framework for the transfer and disposal of military installations closed during the base realignment and closure (BRAC) process. This report provides an overview of the various authorities available under the current law and describes the planning process for the redevelopment of BRAC properties.
House Committees: A Framework for Considering Jurisdictional Realignment
The House has chosen to handle committee jurisdiction in a number of ways. It has chosen to concentrate jurisdiction over an issue in new, existing, and temporary committees. It has chosen to keep jurisdiction over components of an issue distributed among several committees. And, it has chosen to vest in one committee jurisdiction over a narrow subject matter that could just as readily have been considered a component of subject matter within another committee's jurisdiction. Rules relating to referral and the Speaker's referral authority have also been changed to deal with jurisdictional...
Intelligence, Surveillance, and Reconnaissance (ISR) Programs: Issues for Congress
Intelligence, surveillance, and reconnaissance (ISR) functions are principal elements of U.S. defense capabilities, and include a wide variety of systems for acquiring and processing information needed by national security decisionmakers and military commanders. ISR systems range in size from hand-held devices to orbiting satellites. Some collect basic information for a wide range of analytical products; others are designed to acquire data for specific weapons systems. Some are "national" systems intended primarily to collect information of interest to Washington-area agencies; others are...
Creating a National Framework for Cybersecurity: An Analysis of Issues and Options
Even before the terrorist attacks of September 2001, concerns had been rising among security experts about the vulnerabilities to attack of computer systems and associated infrastructure. Yet, despite increasing attention from federal and state governments and international organizations, the defense against attacks on these systems has appeared to be generally fragmented and varying widely in effectiveness. Concerns have grown that what is needed is a national cybersecurity framework -- a coordinated, coherent set of public- and private-sector efforts required to ensure an acceptable...
Debt-Limit Legislation in the Congressional Budget Process
The gross federal debt consists of the debt held by the public plus the debt held by government accounts. Almost all of the gross federal debt is subject to a public debt limit, as set forth in statute (31 U.S.C. 3101).This report considers legislation needed to change the public debt limit.
February 12, 2004, was the effective date of regulations, issued by the Office of the Comptroller
of
the Currency (OCC), the regulator of national banks, preempting certain types of state laws affecting
national bank real estate lending, other lending, and deposit-taking functions and providing a
procedure for OCC to preempt other state laws affecting activities or powers authorized by Congress
for national banks. Over the years, OCC's preemptive authority has been challenged in the courts. (1)
The new regulations have been criticized by state bank regulators, mortgage bankers, and...
Class Actions and Legislative Proposals in the 109th Congress: Class Action Fairness Act of 2005
S. 5 , the Class Action Fairness Act of 2005 has three main sections: (1) an amendment to the federal diversity statute; (2) a provision regarding removal; and (3) a consumer class action "bill of rights." It would control and restrict class action lawsuits by shifting some of the suits from state to federal courts. This would be achieved by creating federal jurisdiction over class action suits when the total amount in dispute exceeds $5,000,000 and when any plaintiff lives in a state different from that of any defendant. The bill would treat certain "mass actions" with more than 100...
Indian and Pakistani Nuclear Weapons
Until 2005, India and Pakistan were the only states outside the Nuclear Nonproliferation Treaty to declare, openly, their nuclear weapons capability. In 1998, they tested nuclear weapons and since then, deployed ballistic missiles, enunciated nuclear doctrine, and made organizational changes to their nuclear establishments. In 2002, they teetered on the brink of war in Kashmir. This paper summarizes Indian and Pakistani nuclear weapon capabilities and thinking, and discusses some confidence-building measures in place intended to help avert nuclear war. It will be updated as events warrant.
Proposals to Amend the Senate Cloture Rule
Paragraph 2 of Senate Rule XXII, also known as the “cloture rule,” was adopted in 1917. It established a procedure, amended several times over the intervening years, by which the Senate may limit debate and act on a pending measure or matter. Aside from unanimous consent agreements, cloture is the only way the Senate can limit debate.
Recently, concern by some Senators over an inability to halt consideration and obtain a confirmation vote on several pending judicial nominations has led to a renewed interest in amending the Senate cloture rule. One option, called the “nuclear option” by...
Nuclear Threat Reduction Measures for India and Pakistan
Since India and Pakistan tested nuclear weapons in 1998, there has been a debate on whether the United States should provide assistance in making those weapons safer and more secure. In the wake of September 11, 2001, interest in this kind of assistance has grown for several reasons: the possibility of terrorists gaining access to Pakistan’s nuclear weapons seems higher, the U.S. military is forging new relationships with both Pakistan and India in the war on terrorism, and heightened tension in Kashmir in 2002 threatened to push both states closer to the brink of nuclear war. In October...
The Broader Middle East and North Africa Initiative: An Overview
The Broader Middle East and North Africa Initiative (BMENA) is a multilateral development and reform plan aimed at fostering economic and political liberalization in a wide geographic area of Arab and non-Arab Muslim countries. In December 2004, the first BMENA meeting took place in Rabat, Morocco and was called the "Forum for the Future."At the forum, foreign ministers and finance ministers of the countries in the region stretching from Morocco to Pakistan as well as from the countries of the G8 pledged to create several new development programs and committed $60 million to a regional...
House Rules Changes Affecting Floor Procedures in the 109th Congress
On the first day of the 109th Congress, the House agreed to H.Res. 5 , which made several rules changes affecting floor proceedings. These modifications include allowing committees to adopt rules giving chairs the general authority to make the motion necessary to send a measure to conference; adding Wednesdays to the permissible days on which suspension motions may be entertained; eliminating the Corrections Calendar; amending the rules of decorum and debate regarding references to the Senate and its members; and granting the Speaker added authority to postpone votes on certain questions....
K-12 Education Programs: Appropriations Summary
This report summarizes the amount of federal appropriations for K-12 education, including total elementary and secondary funding, recent increases, and the major components counted in the K-12 total. K-12 components include: the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLBA), P.L. 107-110; the Individuals with Disabilities Education Act (IDEA); the Carl D. Perkins Vocational and Technical Education Act of 1998; and the Adult Education and Family Literacy Act (AEFLA).
Insurance Regulation: History, Background, and Recent Congressional Oversight
This report provides the historical background for examining the arguments in this debate. It shows that state regulation of insurance is largely a historical artifact, that Congress has become increasingly involved in both regulating insurance and overseeing states' regulation of insurance, and that the National Association of Insurance Commissioners has assumed a national role.
Intelligence Community Reorganization: Potential Effects on DOD Intelligence Agencies
Although the Central Intelligence Agency (CIA) is the best known member of the Intelligence Community, the bulk of the nation’s intelligence effort is undertaken by the intelligence agencies of the Department of Defense (DOD). In particular, the National Security Agency (NSA), the National Reconnaissance Office (NRO), and the National Geospatial-Intelligence Agency (NGA) (formerly known as the National Imagery and Mapping Agency (NIMA)) are major collectors of information for DOD and non-DOD consumers and absorb a large percentage of the annual intelligence budget. (The Defense...
Removing Terrorist Sanctuaries: The 9/11 Commission Recommendations and U.S. Policy
The National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) issued its final report on July 19, 2004. A major recommendation in the report was that the U.S. government should identify and prioritize actual or potential terrorist sanctuaries and, for each, to employ a realistic strategy to keep possible terrorists insecure and on the run, using all elements of national power. U.S. strategy to combat global terrorism, even prior to 9/11, included efforts to deny sanctuary to terrorist groups by isolating and applying pressure on states that sponsor or...
The Director of National Intelligence and Intelligence Analysis
The 9/11 Commission made a number of recommendations to improve the quality of intelligence analysis. A key recommendation was the establishment of a Director of National Intelligence (DNI) position to manage the national intelligence effort and serve as the principal intelligence adviser to the President -- along with a separate director of the Central Intelligence Agency. Subsequently, the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458 , made the DNI the principal adviser to the President on intelligence and made the DNI responsible for...
India is a country with a long history and a large population (more than one billion people, nearly half living in poverty). Given that it is the world's most populous democracy, a U.S. ally in anti-terrorism efforts, and a potentially major export market, India's economic development and its trade relations with the United States are of concern to Congress. This report will be updated as events warrant.
Bosnia and Herzegovina: Issues for U.S. Policy
The 1995 Dayton Peace Accords, brokered primarily by the United States, ended the war in Bosnia, which had cost hundreds of thousands of lives and created over 2 million refugees and displaced persons. The Dayton Peace Accords also set up Bosnia's current political structure of two semi-autonomous, ethnically-based "entities" and a relatively weak central government. It resulted in the deployment of a NATO-led peacekeeping force, which was charged with providing a secure environment for the implementation of the peace agreement. In December 2004, a European Union force took over...
The Doha Development Agenda: The WTO Framework Agreement
On July 31, 2004, the 147 members of the World Trade Organization (WTO) reached a Framework Agreement for conducting future Doha Round trade negotiations. The Framework Agreement is the latest step in the Doha Development Agenda (DDA) round of trade negotiations at the WTO, which was launched at the 4th Ministerial of the WTO at Doha, Qatar in November 2001. This report provides analysis of the framework agreement and its significant results (agriculture, industrial market access, services, and trade facilitation) in the context of U.S. objectives. The Framework addresses the three...
On February 1, 2005, final regulations to implement a new human resources management system for the Department of Homeland Security ("DHS") were published. The regulations provide for the organization of the new personnel system, describing, among other topics, the use of pay bands, how jobs will be evaluated, and how pay will be administered. In addition, subpart E of the final regulations defines the department's labor relations system. This report compares the provisions of the final regulations with similar provisions from title 5, chapter 71 of the U.S. Code . Although...
Invoking Cloture in the Senate
This report discuses cloture, which is is the only procedure by which the Senate can vote to set an end to a debate without also rejecting the bill, amendment, conference report, motion, or other matter it has been debating. A Senator can make a nondebatable motion to table an amendment, and if a majority of the Senate votes for that motion, the effect is to reject the amendment. Thus, the motion to table cannot be used to conclude a debate when Senators still wish to speak and to enable the Senate to vote for the proposal it is considering. Only the cloture provisions of Rule XXII...
High School Completion and Postsecondary Enrollment Among First Generation and Low-Income Students
The Higher Education Act (HEA) supports several programs that provide services and incentives to disadvantaged students to help increase their educational attainment. Foremost among these programs are the federal TRIO programs and the Gaining Early Awareness and Readiness for Undergraduate Program (Gear Up). These programs are primarily intended for individuals who are from low-income families and would be the first in their family to attain a college degree. This report reviews available data on these populations and attempts to measure the extent to which high school graduates from these...
The Postsecondary Education Student Population
This report focuses on the 12.4 million students enrolled as undergraduates in the fall of 2000, describing key attributes of the population. It also analyzes current rates at which different socioeconomic groups participate in postsecondary education and considers the future composition of the postsecondary student population.
Islam in South and Southeast Asia
There exists much diversity within the Islamic world. This is particularly evident in Asia. This diversity is to be found in the different ethnic backgrounds and in the different practices of Islam. The Muslim world of Asia has been experiencing an Islamic revival. This has had an effect on moderate as well as radical Muslims. An understanding of the dynamics of Islam in Asia should help inform United States’ policy to develop respect between America and Muslim peoples, to foster economic policies to encourage development of open societies, to support education in Muslim states, and to...
Biometric Identifiers and Border Security: 9/11 Commission Recommendations and Related Issues
In its final report, the 9/11 Commission concluded that funding and completing a "biometric entry-exit screening system" for travelers to and from the United States is essential to our national security. The commission noted that the United States has built the first phase of a biometric screening system known as US-VISIT, and recommended that the "patchwork" of other border screening systems be consolidated with US-VISIT to serve as the basis for a single system to streamline border inspections. This report provides an overview of biometric technologies and the major U.S. biometric border...
Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA), as amended, is the primary federal statute in the area of minimum wages and overtime pay. Through administrative rulemaking, the Secretary of Labor has established two tests through which to define eligibility under the Section 13(a)(1) exemption: a duties test and an earnings test. In the 106th Congress, legislation was introduced by Representatives Andrews and Lazio that would have increased the scope of the exemption: first, by expanding the range of exempt job titles, and then, through a relative reduction in the value of the earnings...
Anti-Tax-Shelter and Other Revenue-Raising Tax Proposals Considered in the 108th Congress
Several bills introduced in the 108th Congress included revenue-raising provisions, particularly those aimed at tax shelters that are generally used by corporations. In 2003, anti-sheltering provisions were included in several bills. This report is an overview of the revenue-raising provisions in the original reported versions of H.R. 2896 and S. 1637 and the final anti-sheltering bill as enacted.
Federal White-Collar Pay: FY2005 Salary Adjustments
Federal white-collar employees are to receive an annual pay adjustment and a locality-based comparability payment, effective in January of each year, under Section 529 of P.L. 101-509 , the Federal Employees Pay Comparability Act (FEPCA) of 1990. The law has never been implemented as originally enacted; annual and locality payments have been reduced. In January 2005, they received a 2.5% annual pay adjustment and a 1.0% locality-based comparability payment under Executive Order 13368, issued by President George W. Bush on December 30, 2004. Although the federal pay adjustments are...
Farm Commodity Programs: A Short Primer
The U.S. Department of Agriculture (USDA) is required by law to subsidize approximately two dozen specified agricultural commodities. Several permanent statutes provide the basic authority for these subsidies; more recent multi-year farm bills shape their operation and funding levels. The most recent omnibus farm bill is the Farm Security and Rural Investment Act of 2002 ( P.L.107-171 ). However, Congress since FY1989 has also passed 30 appropriations, authorization, or farm disaster acts adding approximately $53 billion in supplemental funding for USDA farm and related programs (through...
U.S. Anti-Terror Strategy and the 9/11 Commission Report
On July 22, 2004 the 9/11 Commission released its final report. The report calls for changes to be made by the executive branch and Congress to more effectively protect our nation in an age of modern terrorism and provides forty-one concrete recommendations. Generally, the recommendations of the 9/11 Commission as they relate to strategy content and implementation appear consistent with, and supportive of, the National Strategy. Few question the 9/11 Commission Report's overarching premise that U.S. counter-terrorism structure, strategy, and implementation can be improved. Some, however,...
Government Activities to Protect the Electric Grid
The electric utility system is vulnerable to outages caused by a range of activities, including system operator errors, weather-related damage, and terrorist attacks. The main risk from a successful terrorist attack against the electric power industry would be widespread power outages lasting for an extended period of time. While the electric utility industry has the primary responsibility for protecting its assets, federal and state government agencies also have been addressing physical security concerns. This report provides a description of initiatives within the Federal...
Medical Records Privacy: Questions and Answers on the HIPAA Rule
The HIPAA privacy rule gives patients the right of access to their medical information and prohibits health plans and health care providers from using or disclosing individually identifiable health information without a patient's written authorization except as expressly permitted or required by the rule. Plans and providers are permitted to use and disclose health information for treatment, payment, and other routine health care operations and for various specified national priority activities (e.g., law enforcement, public health, research). Providers may also share certain information...
Greenhouse Gases and Economic Development: An Empirical Approach to Defining Goals
This analysis identifies those nations that have combined the highest per capita GDPs with the lowest intensities of greenhouse gas emissions. Taking those nations as exemplars, it then examines possible outcomes from pursuing competing goals—economic growth and development versus constraining greenhouse gases—that are confounding efforts, such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol, to address global climate change.
Eight nations—Austria, France, Italy, Iceland, Luxembourg, Norway, Sweden, and Switzerland—combine high per capita GDP...
Internet Taxation: Issues and Legislation
The Internet Tax Freedom Act (ITFA) placed a three-year moratorium on the ability of state and local governments to (1) impose new taxes on Internet access or (2) impose any multiple or discriminatory taxes on electronic commerce. The act grandfathered the state and local access taxes that were “... generally imposed and actually enforced prior to October 1, 1998 ....” This report discusses issues of state and local taxation of Internet transactions because commerce conducted by parties in different states over the Internet.
Peer Review: OMB's Proposed, Revised, and Final Bulletins
In September 2003, the Office of Management and Budget (OMB) published a proposed bulletin on "Peer Review and Information Quality" in the Federal Register that sought to establish a process by which all "significant regulatory information" would be peer reviewed. The scope of the proposed bulletin was very broad, covering virtually all agencies and defining regulatory information as "any scientific or technical study that ... might be used by local, state, regional, federal and/or international regulatory bodies." Such information would be subject to peer review if the agency could...
Mutual Fund Reform Bills in the 108th Congress: A Side-by-Side Comparison
This report compares the provisions of these legislative proposals. It serves as an historical record of legislative activity in the 108th Congress.
This report discusses the recess clause and takes a look at the history of recess appointments. Under Article II of the Constitution, the President is empowered "to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." Presidents have used the recess appointment power on more than 300 occasions to place judges on the district, appellate, and U.S. Supreme Court level. This practice slowed after the 1950s, but recent recess appointments to federal appellate courts (the Fourth, Fifth, and Eleventh...
Federal Research and Development Funding: FY2005
This report discusses federal research and development (R&D) funding for FY2005. The Bush Administration requested $131.9 billion in R&D funding for FY2005. This was $5.9 billion above the estimated $126 billion that was appropriated for federal R&D in FY2004.
CALFED Bay-Delta Program: Overview of Institutional and Water Use Issues
The California Bay-Delta Program (CALFED) was initiated in 1995 to resolve water resources conflicts in the Sacramento/San Joaquin Rivers Delta and San Francisco Bay (Bay-Delta) in California. The program planning effort focused on developing a plan to address three main problem areas in the Bay-Delta: ecosystem health, water quality, and water supply reliability. CALFED was initially authorized to receive federal funding from FY1998 to FY2000; and since that time only certain projects supporting CALFED goals received appropriations. The program was finally reauthorized October 25,...
Suspension of the Rules in the House of Representatives
Suspension of the rules is a procedure the House of Representatives uses frequently to debate and pass measures on the floor. After a Representative moves to suspend the rules and pass a particular measure, there can be 40 minutes of debate on the motion and the measure. No floor amendments to the measure are in order. However, the Member who offers the suspension motion may include amendments to the measure as part of the motion. In this case, the Member moves to suspend the rules and pass the bill or resolution as amended. At the end of the debate, the House casts a single vote on...
Ukraine's Political Crisis and U.S. Policy Issues
In 2004, many observers believed that Ukraine was at a key period in its transition that could shape its geopolitical orientation for years to come, in part due to presidential elections held on October 31, November 21, and December 26, 2004. In their view, Ukraine could move closer to integration in Euro-Atlantic institutions, real democracy and the rule of law, and a genuine free market economy, or it could move toward a Russian sphere of influence with “managed democracy” and an oligarchic economy. For the past decade, Ukraine’s political scene had been dominated by...
Continuity of Operations (COOP) in the Executive Branch: Issues in the 109th Congress
Spurred in part by occasional warnings of potential terrorist threats in the post- 9/11 era, some policymakers have intensified their focus on continuity of operations (COOP) issues. COOP planning is a segment of federal government contingency planning linked to continuity of government (COG). Together, COOP and COG are designed to ensure survival of a constitutional form of government and the continuity of essential federal functions. This report focuses primarily on executive branch COOP activities.
1057A Bankruptcy Primer: Liquidation and Reorganization Under the U.S. Bankruptcy Code
This report examines the legal procedures for effecting either a liquidation or a business or consumer reorganization under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., through an analysis of its individual sections.
The Code, in chapters 1, 3, and 5, establishes general procedures that are applicable to the operative chapters. Chapter 7 governs liquidation of the debtor’s estate; chapter 11 governs business reorganization; and, chapter 13 addresses reorganization of an individual with regular income.
This report presents an overview of the Code’s legislative history, its...
Unemployment Benefits: Legislative Issues in the 108th Congress
Changes in the federal-state unemployment compensation (UC) system were considered during the 108th Congress as legislation was introduced to reform and expand the UC system. The 107th Congress enacted the Temporary Extended Unemployment Compensation (TEUC) program ( P.L. 107-147 ), which included a 13-week extension of UC benefits, an $8 billion distribution to states, and 13 additional weeks of extended UC benefits in high unemployment states. These temporary benefits were extended twice during the 108th Congress, ( P.L. 108-1 and P.L. 108-26 ) extending eligibility through the week...
Guarding America: Security Guards and U.S. Critical Infrastructure Protection
The Bush Administration's 2003 National Strategy for the Physical Protection of Critical Infrastructures and Key Assets indicates that security guards are "an important source of protection for critical facilities." In 2003, approximately one million security guards (including airport screeners) were employed in the United States. Of these guards, analysis indicates that up to 5% protected what have been defined as "critical" infrastructure and assets. The effectiveness of critical infrastructure guards in countering a terrorist attack depends on the number of guards on duty, their...
Hong Kong-U.S. Economic Relations
Hong Kong is described by many observers as having the world's freest economy due to its low tax, free trade, and strong rule of law policies. Hong Kong is an important U.S. trading partner and serves as a gateway for many U.S. companies doing business in China. For those reasons, the continued economic autonomy of Hong Kong is of concern to Congress, as are a variety of trade issues such as the effectiveness of Hong Kong's export control regime on dual-use technologies, and protection of U.S. intellectual property rights. This report will be updated as events warrant.
During the 108th Congress, President George W. Bush submitted nominations to the Senate for 77 of the 153 full-time positions on 34 regulatory and other boards and commissions that have such positions. A total of 102 nominations were submitted for these positions, of which 72 were confirmed, 6 were withdrawn, and 24 were returned to the President. The number of nominations exceeds the number of positions because the President submitted multiple nominations for some positions. In some cases, for example, the President submitted one nomination for the end of a term in progress and a second...
Unfunded Mandates Reform Act Summarized
This summary of the Unfunded Mandates Reform Act (UMRA) of 1995 will assist Members of Congress and staff seeking succinct information on the statute. The term “unfunded mandates” generally refers to requirements that a unit of government imposes without providing funds to pay for costs of compliance. UMRA establishes mechanisms to limit federal imposition of unfunded mandates on other levels of government (intergovernmental mandates) and on the private sector. The act establishes points of order against proposed legislation containing an unfunded intergovernmental mandate, requires...
Comparison of Tax Incentives of Domestic Manufacturing: 108th Congress
The enacted provision of this legislation (H.R. 4520), following the passage of the Senate’s version (then S. 1637) and the House bill (H.R. 4520) followed the Senate version, which allowed a deduction and would cover unincorporated firms as well as corporations. However, the proposal contained the broader definition of manufacturing in the House bill which included oil and gas extraction, utilities, construction, and electricity. This report discusses the provisions in these two versions of the subsidy as well as some of the issues surrounding alternative methods of providing a...
Limiting Court Jurisdiction Over Federal Constitutional Issues: "Court-Stripping"
Over the years, various proposals have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Several such proposals passed the House in the 108th Congress, including an amendment to H.R. 2799 to limit the use of funds to enforce a federal court decision regarding the Pledge of Allegiance; H.R. 2028 , to limit the jurisdiction of federal courts to hear cases regarding the Pledge of Allegiance; and H.R. 3313 , to limit federal...
Terrorist Nuclear Attacks on Seaports: Threat and Response
A terrorist nuclear attack on a U.S. seaport could cause local devastation and affect the global economy. Terrorists might obtain a bomb in several ways, though each poses difficulties. Ability to detect a bomb appears limited. The United States is using technology, intelligence, international cooperation, etc., to try to thwart an attack. Issues for Congress include safeguarding foreign nuclear material, mitigating economic effects of an attack, and allocating funds between ports and other potential targets. This report will be updated as needed.
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L. 104-191), provided for changes in the health insurance market. It guaranteed the availability and renewability of health insurance coverage for certain employees and individuals, and limited the use of preexisting condition restrictions. The Act created federal standards for insurers, health maintenance organizations (HMOs), and employer-provided health plans, including those that self-insure. It permitted, however, substantial state flexibility for compliance with the requirements on insurers.
HIPAA also...
How to Find Information in a Library and on the Internet
This report includes background directories, current information, reference books, and websites for government, politics, legislation, and other sources. It lists a number of Internet search engines, which can be used at many public libraries and also suggests guides on how to search, including one for kids.
North Korea: A Chronology of Events, October 2002-December 2004
This report provides a chronology of events relevant to U.S. relations with North Korea from October 2002 through December 31, 2004. The chronology includes significant meetings, events, and statements that shed light on the issues surrounding North Korea's nuclear weapons program. An introductory analysis provides background on U.S. policy preceding October 2002 as well as an overview of developments and dynamics among the major players in the North Korea nuclear dispute: South Korea, Japan, China, Russia, and the United States. Particular attention is paid to the demise of the Agreed...
In accordance with Medicaid statute, the Secretary of Health and Human Services (HHS) has established, through a series of regulatory actions, upper payment limits (UPLs) for inpatient and outpatient services provided by certain types of facilities. In late 2000, the Secretary determined that regulations in effect at that time created a financial incentive for states to make higher than usual payments for care provided at non-state government facilities, namely, county and city facilities, allowing these states to claim higher federal matching dollars. States require these facilities...
Fairness in Asbestos Injury Resolution Act of 2004 (S. 2290, 108th Congress)
This report provides an overview of S. 2290 , 108th Congress, the Fairness in Asbestos Injury Resolution Act of 2004 (or FAIR Act of 2004), as introduced by Senator Hatch on April 7, 2004 and placed on the Senate legislative calendar. S. 2290 was a revised version of S. 1125 , 108th Congress, as reported by the Senate Committee on the Judiciary ( S.Rept. 108-188 ). (1) A cloture vote failed on April 22, 2004, and S. 2290 was never voted on. S. 2290 would have created the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants...
Appropriations for FY2005: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share—about two-thirds—of total U.S. international affairs spending.
Funding for Foreign Operations programs have been rising for five consecutive years, although amounts approved in FY2003 and FY2004 have reached unprecedented levels over the past 40 years. Substantial supplementals in both years for assistance to the front line states in the war on terrorism...
National Security Education Program: Background and Issues
The National Security Education Program (NSEP), authorized by the David L. Boren National Security Education Act of 1991 (NSEA, Title VIII of P.L. 102-183 ), provides aid for international education and foreign language studies by American undergraduate and graduate students, plus grants to institutions of higher education. The statement of purpose for the NSEA emphasizes the needs of federal government agencies, as well as the Nation's postsecondary education institutions, for an increased supply of individuals knowledgeable about the languages and cultures of foreign nations,...
AGOA III: Amendment to the African Growth and Opportunity Act
On July 13, 2004, the "AGOA Acceleration Act of 2004" was signed by the President and became P.L.108-274 . This legislation amends the African Growth and Opportunity Act (AGOA; P.L. 106-200 , Title I), extending it to 2015. AGOA seeks to spur economic development and help integrate Africa into the world trading system by granting trade preferences and other benefits to Sub-Saharan African countries that meet certain criteria relating to market reform and human rights. Congress first amended AGOA in 2002 ( P.L. 107-210 ) by increasing a cap on duty-free apparel imports and clarifying...
Credit Scores: Credit-Based Insurance Scores
An insurance score, a type of credit score, is a number produced by a computer scoring model that analyzes a person's credit information (i.e., payment history, collections, balances, and bankruptcies) obtained principally from that person's credit reports. Increasingly, insurers have been using insurance scores as an underwriting factor to evaluate insurance applications, especially for automobile and homeowners insurance, in predicting possible future insurance claims an applicant might generate. Insurers maintain that there is a clear statistical connection between a person's insurance...
Border Security: Inspections Practices, Policies, and Issues
The United States now has a unified inspections operation at the borders; a single inspector is charged with examining people, animals, plants, goods, and cargo upon entry to the country. The transfer of these functions to the Department of Homeland Security (DHS) marks a significant policy shift for all of these functions, clarifying that -- although there are important commercial, economic, health, humanitarian, and immigration responsibilities -- ensuring the security of our borders is the top priority. The decision by DHS officials to further integrate the inspection duties so that...
Lead in Drinking Water: Washington, DC, Issues and Broader Regulatory Implications
Lead from various sources poses a key environmental threat to children’s health, and the regulation of lead in drinking water has been a key component of federal efforts to reduce exposures to lead. Lead contamination of drinking water became a major issue in Washington, DC, in 2004, when news reports revealed marked increases in the levels of lead in tap water. The local water authority’s failure to effectively inform the public about the high lead levels angered citizens and damaged public trust in the local water supply. These events led policy makers to examine the adequacy of the...
The State Department's new Office of the Coordinator for Reconstruction and Stabilization (S/CRS) is intended to address longstanding concerns, both within Congress and the broader policy community, over what is seen as inadequate planning mechanisms for stabilization and reconstruction operations, lack of inter-agency coordination in carrying out such tasks, and inappropriate capabilities for many of the non-military tasks required. Effectively distributing resources among the various executive branch actors, maintaining clear lines of authority and jurisdiction, and balancing short- and...
Housing Assistance and Welfare: Background and Issues
The 1995-1996 debate over creation of a block grant to states for cash aid to needy families with children (Temporary Assistance for Needy Families—TANF) focused on reducing welfare rolls by promoting work. Except for child care costs, it gave scant attention to other living expenses of low-income parents. The issues of housing cost and affordability were essentially absent from the debate, although rent is the largest expense for many low-income families.
The important role housing plays in families’ lives has been recognized through a system of programs, administered by the Department of...
Veterans' Medical Care Funding: FY1995-FY2004
The Department of Veterans Affairs (VA) provides services and benefits such as hospital and medical care, rehabilitation services, and pensions, among other things, to veterans who meet certain eligibility criteria. VA provides these benefits and services through four administrative units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), the National Cemetery Administration (NCA), and the Board of Veterans’ Appeals. VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans...
Wildfire Protection in the 108th Congress
Many argue that the threat of severe wildfires has grown in recent years, because of excessive forest fuels and an increasing number of homes in or near forests. In 2003, President Bush proposed a Healthy Forests Initiative, with numerous regulatory changes to expedite fuel reduction activities. The 108th Congress enacted the Healthy Forests Restoration Act of 2003 to provide an expedited process for fuel reduction activities and other related programs, and the Southwest Forest Health and Wildfire Prevention Act of 2004 to fund research and promote adaptive management in Ponderosa pine...
The Special Summit of the Americas held on January 12 and 13, 2004, in Monterrey, Mexico was the first meeting of all democratic heads of state from Latin America, the United States and Canada that are members of the Organization of American States (OAS) since the Quebec Summit in April 2001. At the Monterrey Summit, leaders discussed broad issues affecting countries in the hemisphere at length, such as free trade and corruption. Their primary accomplishment, however, was to renew their commitments to implementing the Quebec City Summit Declaration and Plan of Action by issuing the...
The Alaska Land Transfer Acceleration Act: Background and Summary
On December 10, 2004, the President signed into law P.L. 108-452 , the Alaska Land Transfer Acceleration Act. The act represents an attempt to clear up the conflicting land claims of three distinct parties in Alaska -- the State, Alaska Native Corporations, and Native allottees -- in time for the fiftieth anniversary of Alaska's statehood in 2009. These claims are grounded in the Alaska Statehood Act, the Alaska Native Claims Settlement Act, and the Native Allotment Act of 1906. This report provides a background on these Acts, the claims they support, and a summary of the provisions of...
Tracking Current Federal Legislation and Regulations: A Guide to Basic Sources
This report introduces selected basic sources that are useful in obtaining background information or specific facts on the status of federal legislative or regulatory initiatives. It includes telephone, online, and media sources are included, as well as pertinent directories, such as those of organizations that track areas of interest. Annotations describing each source's contents and organization are included so that researchers can select those that most closely fit their needs. Internet addresses usually provide information about the items, rather than access to them.
Child Welfare Issues in the 108th Congress
Child welfare services seek to protect children who have been abused or neglected or who are at risk of maltreatment. An estimated 896,000 children were the victims of child abuse or neglect in the year 2002. Some children who experience maltreatment are removed from their homes with protective custody given to the state. On the last day of FY2003, an estimated 523,000 children were in foster care.
States have the primary responsibility for designing and administering child welfare programs. However, the federal government supports these programs with significant funds and requires...
Asian Soybean Rust: Background and Issues
This report discusses the background and issues regarding Asian soybean rust (ASR) that was discovered in the United States in an experimental field in Louisiana. The U.S. Department of Agriculture (USDA) is coordinating a plan to deal with ASR that encompasses various USDA agencies, state land-grant universities, and industry participants. The arrival of ASR has implications for several public policies including pest control research (particularly the development of resistant varieties), pesticide regulation, disaster assistance, and crop insurance.
The U.S.-Australia Free Trade Agreement: Provisions and Implications
After more than a year of negotiations, U.S. and Australian trade officials concluded a bilateral free trade agreement (FTA) on February 8, 2004. The negotiations proved unexpectedly difficult. President Bush and Australian Prime Minister Howard had committed to completing the negotiations by the end of 2003, but differences over agriculture, especially sugar, and other sensitive issues caused the deadline to slip.
The U.S.-Australia FTA (USAFTA) is a comprehensive agreement. It commits the United States and Australia not only to eliminate tariffs on most of their bilateral trade...
Vacancies and Special Elections: 108th Congress
There were seven vacancies in the 108th Congress, all in the House. One, in the 2nd District of Hawaii, was caused by the death of the incumbent, who had been re-elected posthumously to the 108th Congress. Five other vacancies were caused by the resignation of the incumbent in the 19th District of Texas, the 6th District of Kentucky, the at-large district of South Dakota, the 1st District of North Carolina, and the 1st District of Nebraska. The seventh vacancy, in the 5th District of California, was caused by the death of the incumbent three days before the 109th Congress, to which he had...
Caribbean Basin Interim Trade Program: CBI/NAFTA Parity
To provide an idea of the nature and scope of changes in trade competitiveness between the CBERA countries and Mexico that have resulted from the implementation of the NAFTA, this report describes the relevant preferential or special tariff treatments, as applicable. The aspects of trade policy that apply generally to all (or most) U.S. trading partners (e.g., most-favored-nation/normal-trade-relations status, or production-sharing provisions) are not included in any detail.
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
This report monitors actions taken by the 108th Congress on FY2005 appropriations for the Departments of Commerce, Justice, and State, the judiciary and related agencies (often referred to as the CJS appropriations). The Administration requested $43.216 billion for CJS appropriations in its FY2005 budget request sent to Congress on February 2, 2004. In the spring of 2004, the House and Senate Appropriations Committees held hearings on these requests. The House Appropriations Committee reported out its unnumbered bill on June 23, 2004, recommending a total of $43.483 billion for CJS in...
Appropriations for FY2005: Labor, Health and Human Services, and Education
This report tracks the legislative progress of the FY2005 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and related agencies. The report summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
On February 2, 2004, the President submitted the FY2005 budget request to the Congress, including $142.9 billion in discretionary L-HHS-ED funds; the comparable FY2004 appropriation was $139.8 billion, enacted...
State Sales Taxation of Internet Transactions
This report examines state taxation of Internet transactions as well as efforts to achieve uniform state sales and use tax treatment.
Critical Infrastructure Protections: The 9/11 Commission Report and Congressional Response
Many of the recommendations made in the 9/11 Commission's report dealt indirectly with critical infrastructure protection, especially as the goals of critical infrastructure protection have evolved to include countering the type of attack that occurred on September 11. However, relatively few of the recommendations addressed critical infrastructure protection specifically. Those that did called for using a systematic risk management approach for setting priorities and allocating resources for critical infrastructure protection. None of these recommendations advocated a change in...
Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress
The Foreign Intelligence Surveillance Act, 50 U.S.C. Section 1801 et seq. , (FISA) as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records. The Uniting and Strengthening America...
Calendars of the House of Representatives
In the House of Representatives, the term “calendar” has two related meanings. This fact sheet, one of a series of fact sheets on legislative process, explains calendars and their use in the House of Representatives.
IRS Guidelines for Political Advocacy by Exempt 501(c) Organizations: Revenue Ruling 2004-6
IRS Revenue Ruling 2004-6 provides guidance on the definition of "exempt function" in section 527 of the Internal Revenue Code. The ruling, released in December 2003, was intended to be an election-year reminder to tax-exempt 501(c)(4), 501(c)(5), and 501(c)(6) organizations that, in addition to their responsibility to comply with campaign finance laws, they are subject to tax on certain political expenditures. (1) The ruling lists criteria that the IRS uses when determining whether an expenditure for an issue advocacy communication is taxable and provides examples. 1. IRS News...
Particulate Matter Air Quality Standards: Background and Current Developments
Following a brief summary of recent developments regarding the implementation and re-evaluation of the 1997 standards, this report provides a broad overview of the standard-setting process, followed by a description of revisions to earlier standards, legal challenges to the 1997 standard, and particulate matter health effects research. EPA’s ongoing progress in reviewing the 1997 standard is then summarized. Other activities that potentially impact the implementation and review of the particulate matter standards, such as other air quality regulations and proposed legislation, are also...
War On Drugs: Legislation in the 108th Congress and Related Developments
This report covers significant legislative and oversight activities of the 108th Congress that concern domestic law enforcement aspects of federal anti-drug policy. It also includes an overview of significant executive branch actions and other current developments of likely interest to the congressional audience that follows this issue.
"Bunker Busters": Sources of Confusion in the Robust Nuclear Earth Penetrator Debate
The Robust Nuclear Earth Penetrator (RNEP), often called a "bunker buster," is at present the subject of a cost and feasibility study to determine if either of two nuclear bombs, the B61 and the B83, could be modified, mainly by adding a heavy, pointed case, so as to be able to penetrate perhaps 10 meters into earth or rock. This penetration would increase the weapon's ability, by a factor of 20 to 50, to destroy hardened and deeply buried facilities. The Department of Defense has expressed concern that potential U.S. adversaries are using such facilities because the 1991 and 2003 wars...
Fishery, Aquaculture, and Marine Mammal Legislation in the 108th Congress
This report discusses policy and legislation regarding fish and marine mammals. These animals are important resources in open ocean and nearshore coastal areas. Commercial and sport fishing are jointly managed by the federal government and individual states. Many laws and regulations guide the management of these resources by federal agencies.
Terrorist Attacks and National Emergencies Act Declarations
As part of his response to the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon, President George W. Bush formally declared national emergencies on September 14 and 23 pursuant to the National Emergencies Act. The President's actions follow a long-standing tradition of alerting the nation to a crisis threatening public order and constitutional government. Currently, such declarations also allow the President to make use of activated authority on a selective basis, as appropriate for responding to an emergency. Updated as events recommend, this report...
Alternative Transportation Fuels and Vehicles: Energy, Environment, and Development Issues
The sharp increase in petroleum prices beginning in mid-1999, experiences with tighter supply, and international instability have renewed concern about our dependence on petroleum imports. One of the strategies for reducing this dependence is to produce vehicles that run on alternatives to gasoline and diesel fuel. These alternatives include alcohols, gaseous fuels, renewable fuels, electricity, and fuels derived from coal. The push to develop alternative fuels, although driven by energy security concerns, has been aided by concerns over the environment, because many alternative fuels lead...
Martial Law and National Emergency
Crises in public order, both real and potential, often evoke comments concerning a resort to martial law. While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority. An overview of the concept of, exercise of, and authority underlying martial law is provided in this report, which will be updated as events warrant.
Suspension of Rules in the House: Measure Sponsorship by Party
From the 100th through the 105th Congresses (1987-1998), the House of Representatives acted on measures through a motion to suspend the rules an average of 549 times per Congress. Measures so acted on were sponsored by Members of the minority party, on average, 17.3% of the time (15.9% if sponsors of House measures only are counted). Figures for the 106th through the 108th Congresses, are significantly above these averages.
Climate Change Legislation in the 108th Congress
Climate change and greenhouse gas (GHG) emissions were an issue in the 108th Congress, as they were over the preceding decade. Bills directly addressing climate change issues ranged from those focused primarily on climate change research ( H.R. 1578 and S. 1164 ) to comprehensive emissions cap and trading programs for all six greenhouse gases ( S. 139 and H.R. 4067 ). Additional bills focused on GHG reporting and registries ( H.R. 6 (Senate-passed), H.R. 1245 , S. 17 , and S. 194 ), or on power plant emissions of carbon dioxide ( H.R. 2042 , S. 139, S. 366 , and S. 843 ).
...
In Kentucky Ass'n of Health Plans, Inc. v. Miller, (1) the Supreme Court ruled that Kentucky's "any willing provider" statutes, which mandate that health plans and health insurers may not exclude from their networks any health-care providers that agree to the plans' participation terms, are not preempted by ERISA; as statutes that regulate and are specifically directed toward the insurance industry they are exempted from such preemption by the "savings" clause in ERISA, which precludes preemption for state laws that "regulate ... insurance, banking, or securities."...
In its comprehensive report to the nation, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) recommended that the federal government set national standards for the issuance of identification documents including driver's licenses, social security cards, and birth certificates. The Commission noted that identification fraud is no longer simply a matter of theft, but now complicates the government’s ability to adequately ensure public safety at vulnerable facilities including airport terminals, train stations, bus stations, and other entry points.
As...
Telephone Bills: Charges on Local Telephone Bills
Telephone bills are becoming more and more complex and such change and complexity occasion congressional and regulatory attention as well as constituent requests for explanation of new charges on their bills. As local telephone companies provide additional caller services and continue to act as billing agents for long-distance and information service providers, a customer's local bill can include charges for myriad options that did not exist a few years ago. Bills may now contain charges labeled federal subscriber line charge, presubscribed interexchange carrier charge, "national...
In November 2004, Congress passed the Satellite Home Viewer Extension and Reauthorization Act (SHVERA) as part of the FY2005 Consolidated Appropriations Act ( H.R. 4818 , P.L. 108-447 ). SHVERA extends and expands upon provisions in the 1999 Satellite Home Viewer Improvement Act (SHVIA) that regulate the satellite television (TV) industry. Among the more controversial provisions were extension of a copyright law provision that allows TV companies to provide “distant network signals” to subscribers who cannot receive broadcast network television signals via over-the-air television...
Capital Punishment: An Overview of Federal Death Penalty Statutes
With the passage of P.L. 103-322 , the Violent Crime Control and Law Enforcement Act of 1994, the federal death penalty became available as a possible punishment for a substantial number of new and existing civilian offenses. On April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 made further modifications and additions to the list of federal capital crimes. On June 25, 2002, P.L. 107-197 , the Terrorist Bombings Convention Implementation Act of 2002, added another capital crime to the United States Code. The Intelligence Reform and Terrorism Prevention Act of 2004,...
Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses
Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th and 108th Congresses. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
Committee System Rules Changes in the House, 109th Congress
This fact sheet details changes in the committee system contained in H.Res. 5 , the rules of the House for the 109th Congress, agreed to by the House January 4, 2005, and the Speaker’s announced policies. The fact sheet will not be updated unless further rules changes for the 109th Congress are adopted.
Historic Preservation: Background and Funding
This report summarizes the federal role in historic preservation. It provides descriptions of and funding information for some of the major preservation programs, including the Historic Preservation Fund (HPF), the Advisory Council on Historic Preservation, the National Trust for Historic Preservation, and the National Register for Historic Places. Some Members of Congress have given historic preservation programs close scrutiny and have recommended that historic preservation activities be supported increasingly by the private sector.
Grain Transport: Modal Trends and Infrastructure Implications
This report examines the grain-handling system and the infrastructure that supports it. The first part of the report briefly identifies transportation funding issues before Congress that are particularly relevant to grain shippers. The report then describes how grain is delivered to market, including long-term trends taking place and the underlying reasons for those trends. The final part identifies some of the implications these trends have for targeting future investment in the grain-handling system.
Capital Income Tax Revisions and Effective Tax Rates
Several temporary provisions affecting the taxation of capital income were adopted in the 2001-2003 period. These provisions include lower individual tax rates, bonus depreciation (which allows part of the cost of equipment to be deducted upon acquisition), and lower individual income tax rates on dividends and capital gains. Bonus depreciation has expired, but there are some indications such provisions might be included as part of a major tax reform; the other provisions remain currently in effect. This study measures their effect on tax burdens on income from different prospective...
United States Olympic Committee Reform
Over the past ten years, a number of scandals involving the United States Olympic Committee (USOC) have shaken the public’s confidence in the USOC’s ability to effectively lead the American Olympic movement. In particular, critics have leveled significant criticism at the USOC’s governance structure, leading to repeated calls for Congress to step in and make changes to the way the USOC is run. In response, in the 108th Congress, there were four bills proposing structural and procedural reform of the USOC. While the four bills differed in their approaches, they all followed the general...
The Senate's Calendar of Business
This report provides a summary of the contents of the Senate's Calendar of Business, which lists bills, resolutions, and other items of legislative business that are eligible for floor consideration.
"Dear Colleague" Letters: A Brief Overview
“Dear Colleague” letters are official correspondence distributed in bulk to Members in both chambers. Primarily, they are used by one or more Members to persuade others to cosponsor or oppose a bill (generally, prior to introduction). Dear Colleague letters might also inform Members of an event connected with congressional business, of new or modified House procedures, or of some other matter. The use of the phrase “‘Dear Colleague’ letter” to refer to a widely distributed letter among Members dates at least to the start of the 20th century. New technologies and expanded use of the...
Railroad Reorganization Under the U.S. Bankruptcy Code: Implications of a Filing by Amtrak
In 1997, Congress enacted the Amtrak Reform and Accountability Act, the goal of which was to promote Amtrak’s self-sufficiency with respect to operating funds within five years. The law has provisions directing Amtrak to make plans for its liquidation in the event that it does not reach the goals set forth. It directs the Amtrak Reform Council to present Congress a plan for restructuring intercity rail passenger service. It also directed the General Accounting Office to report on the implications of Amtrak’s possible liquidation.
Many years have passed, and Amtrak has realized neither...
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation of this provision has been dormant until recently, when states and EPA were prodded by numerous lawsuits. The TMDL issue has become controversial, in part because of requirements and costs now facing states to implement a 25-year-old provision of the law. Congressional activity to...
Bank and Thrift Deposit Insurance Premiums: The Record from 1934-2004
Since federal deposit insurance first came into being in the mid-1930s, commercial banks and savings associations (thrifts) have paid premiums into government insurance reserves to cover losses due to financial institution failures. Banks and thrifts have come to offer similar services and the government has standardized insurance premiums for the two institutions to reflect their competition. Deposit insurance premiums have been the subject of legislation several times over recent years including measures passed by the House. Most banks and thrifts pay essentially no premiums, but the...
U.S.-Dominican Republic Free-Trade Agreement
On March 15, 2004, the United States and the Dominican Republic concluded a draft free-trade agreement to integrate the Dominican Republic into the earlier signed Central American Free-Trade Agreement (CAFTA). The final agreement (DR-CAFTA) was signed by all parties on August 5, 2004. The Dominican Republic would have its own market access provisions, but would accept the rest of the CAFTA framework. Legislation to implement DR-CAFTA might be considered in the 109th Congress. This report will be updated as developments occur.
Grants Work in a Congressional Office
Report discussing grants requests for federal funds made to members of Congress by their constituents. It provides a general overview, information provided to constituents about grant funding, letters of support for grant seekers, federal assistance opportunities, proposal writing, following up on requests, announcements of grant awards, foundations and corporate grants, and additional grant-related resources.
Homeland Security: Department Organization and Management -- Implementation Phase
After substantial congressional entreatment, President George W. Bush gave impetus to the creation of a Department of Homeland Security when, on June 6, 2002, he proposed the establishment of such an entity by the 107th Congress. The President transmitted his department proposal to the House of Representatives on June 18, where it was subsequently introduced by request ( H.R. 5005 ). The House approved the bill in amended form on July 26. The Senate did not begin consideration of the legislation until after an August recess. Senate deliberations on the matter were slower due to partisan...
The Virus-Serum-Toxin Act: A Brief History and Analysis
The Viruses, Serums, Toxins, Antitoxins, and Analogous Products Act (21 U.S.C. 151-159), also known as the Virus-Serum-Toxin Act (VSTA), is intended to assure the safe and effective supply of animal vaccines and other biological products. The act and its applicable regulations are administered by the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA). The VSTA was enacted in 1913, and revised once in 1985. A 2002 law affected the VSTA by transferring border and import inspection functions from USDA to the Department of Homeland Security.
The Omnibus Reconciliation Act of 1982 (which applied to FY1983 budget issues) suspended previously existing permanent law pertaining to cost-of-living adjustments (COLAs) for federal civilian and military retirees, and changed the COLA calculation formulas to postpone and/or reduce future COLAs for military retirees during 1983-1985 (FY1984-FY1986). Although the COLA situation during 1983 (FY1984) remained unchanged, despite some proposals to modify the 1982 legislation so as to further reduce COLAs, the period from 1984 (the FY1985 budget) to 1986 (the FY1987 budget) was marked by...
The 108th Congress did not complete action to reauthorize child care legislation that expired at the end of FY2002, but funding has continued via a series of temporary measures, and annual appropriations. "Child care reauthorization" is composed of two parts: legislation to reauthorize the Child Care and Development Block Grant (CCDBG) Act and legislation to extend mandatory funding appropriated under Section 418 of the Social Security Act. In February 2003, the House passed a consolidated bill, H.R. 4 , which encompassed both parts of reauthorization by including provisions that would...
Trade Legislation in the 108th Congress
When the 108th Congress convened in January 2003, few observers predicted that trade would be a top legislative concern. Congress, just six months earlier, had passed by a narrow margin the Trade Act of 2002 ( P.L. 107-210 ), the first major piece of trade legislation in almost a decade. Nevertheless, trade remained a top-level domestic and foreign policy issue in 2003 and 2004. The 108th Congress completed work on a number of major trade bills. Most notably, bills to implement free trade agreements (FTAs) with Chile, Singapore, Australia, and Morocco, and to enhance trade benefits for...
Environmental Protection Agency: Appropriations for FY2005
The President signed the Consolidated Appropriations Act for FY2005 ( P.L. 108-447 , H.R. 4818 ) on December 8, 2004. The law provides funding for numerous federal agencies, including $8.09 billion for EPA, subject to an across-the-board rescission of 0.8%. The final appropriation is more than the Administration's request of $7.79 billion, but is less than the FY2004 appropriation of $8.37 billion. The adequacy of funding for scientific research, the cleanup of hazardous waste sites under the Superfund program, and water infrastructure were prominent issues in the FY2005 appropriations...
Border Security: U.S.-Canada Immigration Border Issues
The United States and Canada are striving to balance adequate border security with other issues such as the facilitation of legitimate cross-border travel and commerce, and protecting civil liberties. Congress has taken action to improve border facility infrastructure, increase the number of border patrol agents and immigration inspectors at the northern border, and provide these officials with additional technologically upgraded equipment. Congress has also taken action to track the entry and exit of foreign visitors by mandating an automated entry/exit system, however, its...
Welfare Reform: Comments from the Public on TANF Reauthorization
The 1996 welfare law repealed the previous Aid to Families with Dependent Children (AFDC) program and replaced it with a block grant to states for Temporary Assistance for Needy Families (TANF). This landmark legislation required that federally funded cash assistance be time-limited and conditioned on work, but also gave states great flexibility in the design of their programs. TANF funding expired at the end of FY2002 and Congress has continued the program and its funding through a series of temporary extensions. Efforts toward a long-term reauthorization of welfare reform began during...
Influenza Vaccine Shortages and Implications
On October 5, 2004, Chiron (pronounced Ki´-ron), a California-based biotechnology company, notified U.S. health officials that British regulatory authorities had suspended production of influenza (“flu”) vaccine in its plant in Liverpool, England, due to vaccine safety concerns. The plant was slated to provide between 46 million and 48 million doses of flu vaccine for the U.S. market for the imminent 2004-2005 flu season, almost half the expected nationwide supply.
The announcement of Chiron’s suspension prompted the Centers for Disease Control and Prevention (CDC) and its Advisory...
Congressional Budget Actions in 2004
During the second session of the 108th Congress, the House and Senate considered many different budgetary measures. Most of them pertained to FY2005 (referred to as the “budget year”) and beyond. In addition, some made adjustments to the budget for FY2004 (referred to as the “current year”). This report describes House and Senate action on major budgetary legislation within the framework of the congressional budget process and other procedural requirements.
Foreign Affairs, Defense, and Trade: Key Issues for the 109th Congress
The 109th Congress will likely address a number of pressing foreign affairs, defense and trade issues. This report identifies the issues most likely to be taken up in the first session, and provides information and analysis to support Congress in shaping U.S. policy on these key issues. The report also provides lists of selected CRS products that provide more detailed analysis. Since the terrorist attacks of September 11, 2001, Congress has increasingly been confronted with issues relating to the war on terrorism and homeland security. Congress will likely be particularly interested in...
Veterans' Medical Care Appropriations and Funding Process
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility rules. Benefits to veterans range from disability compensation and pensions to hospital and medical care. VA provides these benefits to veterans through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA) and the National Cemetery Administration (NCA). VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through an integrated health care system....
Barriers to Corporate Fraud: How They Work, Why They Fail
The collapse of Enron Corp. in the fall of 2001 had a peculiar side effect: accounting became front page news. For the next year, accounting fraud at a long series of Fortune 500 companies made headlines. The worst cases led to spectacular bankruptcies, mass layoffs, and criminal prosecutions. Many other companies remained intact, but paid millions of dollars to settle charges that their books did not correspond to financial reality.
The economic costs of the corporate scandals were substantial: trillions of dollars in shareholder wealth lost and a climate of uncertainty that may have...
Germany's Role in Fighting Terrorism: Implications for U.S. Policy
This report examines Germany's response to global Islamic terrorism after the September 11, 2001 attacks in the United States. It looks at current German strategy, domestic efforts, and international responses, including possible gaps and weaknesses. It examines the state of U.S.-German cooperation, including problems and prospects for future cooperation. This report may be updated as needed. Although somewhat overshadowed in the public view by the strong and vocal disagreements over Iraq policy, U.S.-German cooperation in the global fight against international terrorism has been...
Pakistan's primary education system ranks among the world's least effective. The Bush Administration, Congress, and the 9/11 Commission each have identified this issue as relevant to U.S. interests in South Asia. Legislation passed by the 108th Congress called for U.S. support to "improve and expand access to education for all [Pakistani] citizens" and required the Secretary of State to report on Pakistan's education reform strategy and the U.S. strategy to provide relevant assistance. This report reviews education reform efforts in Pakistan and U.S. assistance, and includes discussion of...
Gasoline Price Surge Revisited: Crude Oil and Refinery Issues
Since late 2002, gasoline prices have been extremely volatile, with the national average spiking above $1.70 three times. Most recently, the nationwide pump price for regular fuel set a new record as momentum carried it over $2.00 per gallon. Prices in some states -- reaching a high of $2.45 per gallon in California -- are much above the national average. In addition to the market forces affecting pump prices in the United States, the Organization of Petroleum Exporting Countries (OPEC) announced a production cut effective in January 2005. At a minimum, this is likely to support...
Presidential Rescission Authority: Efforts to Modify the 1974 Framework
The Impoundment Control Act (ICA) constituted Title X of the Congressional Budget and Impoundment Control Act of 1974 (P.L. 93-344, 99 Stat. 297). The ICA designated two categories of impoundments: deferrals, or temporary delays in funding availability, and rescissions, or permanent cancellations of budget authority. The act stipulated different procedures for congressional review and control of the two types of impoundment actions. In the case of a rescission, the ICA provided that the funds must be made available for obligation unless both houses of Congress took action to approve the...
Secrecy Versus Openness: New Proposed Arrangements for Balancing Competing Needs
During the latter half of 2004, disputes arose over whether or not to declassify portions of the sensitive content of reports resulting from congressional investigations and national commission inquiries into the terrorist attacks of September 11, 2001, the war in Iraq, and related matters. As a result, some called for Congress to create a special mechanism for the impartial and expeditious resolution of such disputes (S. 2672/H.R. 4855; S. 2845 amendment). This report discusses the culmination of one such effort at balancing legitimate competing needs for secrecy and openness.
Global Climate Change: Controlling CO2 Emissions—Cost-Limiting Safety Valves
Proposed CO2 reduction schemes present large uncertainties in terms of the perceived reduction needs and the potential costs of achieving those reductions. Several cost-limiting “safety valves” have been proposed to bound costs of any CO2 control program, including (1) a straight carbon tax, (2) a contingent reduction scheme, (3) unlimited permit purchases, and (4) cost-based excess emissions penalties. Employing a safety valve shifts much of the emission reduction debate from compliance targets to the specifications of the safety valve, in particular, the level of the tax or fee involved....
9/11 Commission Recommendations: A Civil Liberties Oversight Board
This report discusses the recommendation made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) regarding the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government.
Appropriations for FY2005: District of Columbia
On February 2, 2004, the Bush Administration released its FY2005 budget recommendations. The Administration's proposed budget includes $560.4 million in federal payments to the District of Columbia. A major portion of the President's proposed federal payments and assistance to the District involves the courts and criminal justice system. This includes funding for the Court Services and Offender Supervision Agency for the District of Columbia, Defender Services, and the courts. These three functions (court operations, defender services, and offender supervision) represent $457.1 million,...
Mexico-U.S. Relations: Issues for the 108th Congress
The United States and Mexico have a special relationship as neighbors and partners under the North American Free Trade Agreement (NAFTA). The friendly relationship has been strengthened by President Bush's meetings with President Fox but has been weakened by disagreements over Iraq and other issues. Major congressional issues are trade, migration/border security, drug trafficking, and political issues. Trade. Since 1994, NAFTA institutions have been functioning, trade between the countries has tripled, and allegations of violations of labor and environmental laws have been considered....
During the 108th Congress, the House of Representatives and the Senate Finance Committee approved two different versions of a bill that would have reauthorized and revised the Temporary Assistance for Needy Families (TANF) Block Grant. This legislation, H.R. 4 , also included many changes to the Child Support Enforcement (CSE) program. H.R. 4 was passed by the House in February 2003. The Senate Finance Committee reported a substitute version of the bill in September 2003 ( S.Rept. 108-162 ). On March 29-April 1, 2004, the Senate debated H.R. 4; disagreement arose regarding amendments to...
9/11 Commission: Legislative Action Concerning U.S. Immigration Law and Policy in the 108th Congress
Reforming the enforcement of immigration law is a core component of the recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission). The 19 hijackers responsible for the 9/11 attacks were foreign nationals, many of whom were able to obtain visas to enter the United States through the use of forged documents. Incomplete intelligence and screening enabled many of the hijackers to enter the United States despite flaws in their entry documents or suspicions regarding their past associations. According to the Commission, up to...
Appropriations for FY2005: Transportation, Treasury, and Independent Agencies
The FY2005 Transportation, Treasury and Independent Agencies appropriations bill was passed as Division H of P.L. 108-447 , an omnibus appropriations bill, and was signed into law on December 8, 2004. The bill provides $90.6 billion for Transportation, Treasury, and Independent Agencies. However, the bill also includes an across-the-board rescission of 0.80%, which will reduce the Transportation, Treasury, and Independent Agencies funding by approximately $725 million. This will make the final figure $89.9 billion, slightly less than FY2004’s $90.3 billion but more than...
Since the terrorist attacks of September 11, 2001, security measures in and around our nation's transportation facilities have dramatically increased. Nowhere has the increase been more noticeable than with respect to air transportation. New federal statutes and agency regulations have been implemented, each with the purpose of ensuring the safety and security of passengers, facilities, and workers of our national transportation systems. Not all of these security measures, however, have been publically disclosed. In fact, pursuant to its statutory authority, the Transportation...
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2005
The Department of Defense (DOD) administers five environmental programs: environmental cleanup, compliance, pollution prevention, environmental technology, and conservation. The Department of Energy (DOE) manages defense nuclear waste and cleans up contaminated nuclear weapons sites. In the second session of the 108th Congress, the most controversial issues regarding these activities were whether to provide further exemptions for military readiness activities from certain air quality and hazardous waste cleanup requirements, and whether to provide DOE with the authority to classify certain...
The Gender Wage Gap and Pay Equity: Is Comparable Worth the Next Step?
This report examines the trend in the male-female wage gap and the explanations offered for its existence. Remedies proposed for the gender wage gap's amelioration are addressed, with an in-depth focus on the comparable worth approach to achieving "pay equity" or "fair pay" between women and men.
Latin America and the Caribbean: Issues for the 108th Congress
The Latin American and Caribbean region has made enormous strides over the past two decades in political development, with all countries but Cuba having regular free and fair elections for head of state. But several nations have faced considerable challenges that have threatened political stability, including economic decline and rising poverty, violent guerrilla conflicts, drug trafficking, and increasing crime. Bush Administration officials maintain that U.S. policy toward Latin America has three overarching goals: strengthening security; promoting democracy and good governance;...
Federal Mandatory Minimum Sentencing Statutes: Legislative Proposals in the 108th Congress
Federal mandatory minimum sentencing statutes (mandatory minimums) demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentence and a certain means of incapacitating the criminally dangerous. Mandatory minimum sentences are not unconstitutional per se, although on...
Child Care Issues in the 108th Congress
The 108th Congress inherited several child care-related agenda items from the previous Congress, including tasks of providing FY2003 appropriations for many child care-related programs and the reauthorization of both the Child Care and Development Block Grant (CCDBG) and the welfare block grant (Temporary Assistance for Needy Families (TANF). The appropriations task was completed, whereas the issue of reauthorizing CCDBG and TANF will again spill over, into the hands of the 109th Congress.
FY2003 appropriations were provided in the form of the Consolidated Appropriations Resolution...
Most sport utility vehicles, mini-vans, and pickups are classified as “light trucks” and thus are regulated less stringently than passenger cars under two major laws — the Energy Policy and Conservation Act for fuel economy standards, and the Clean Air Act for emissions standards. This report discusses the discrepancy between emissions and fuel economy standards for passenger cars and light trucks, how that discrepancy is changing, and legislative activity related to these issues.
Semiautomatic Assault Weapons Ban
The 10-year ban on the manufacture, transfer or possession of “semiautomatic assault weapons” (SAWs) and “large capacity ammunition feeding devices” (LCAFDs) expired on September 13, 2004. In statute, “SAWs” were defined in two ways. First, certain firearms were defined as SAWs by make and model. Second, other firearms were defined as SAWs, if they included specified features. For example, a rifle was defined as a SAW if it was able to accept a detachable magazine and included at least two of the following features: (1) a folding/telescoping stock; (2) a protruding pistol grip; (3) a...
Can the Pension Benefit Guaranty Corporation Be Restored to Financial Health?
In 2003, the Bush administration made a proposal for reform to strengthen pension plan funding and the financial condition of the Pension Benefit Guaranty Corporation (PBGC). Various bills with the goal of reforming the PBGC were proposed in the 108th Congress but none were enacted into law. The doubling of the PBGC deficit from fiscal 2003 to fiscal 2004, has heightened awareness about the PBGC deficit situation. Congressional leaders from both parties have announced their intention to move aggressively on legislative solutions in the 109th Congress.
Campaign Finance Legislation in the 108th Congress
During the 108th Congress, 30 bills were introduced to change the nation's campaign finance laws (primarily under Titles 2 and 26 of the U.S. Code). These bills -- 21 in the House and nine in the Senate -- seek to make improvements in the current system, including to tighten perceived loopholes. In the wake of enactment of the Bipartisan Campaign Reform Act of 2002 ( P.L. 107-155 ), there has been decidedly less legislative activity in this area than in recent Congresses, which typically saw well over 100 campaign finance-related bills introduced.
Satellite Television: Historical Information on SHVIA and LOCAL
Congress has passed several laws to provide consumers greater access to local network television stations, particularly via satellite. The 1988 Satellite Home Viewer Act (SHVA), amended in 1994, was expanded in 1999 with the Satellite Home Viewer Improvement Act (SHVIA). SHVIA allows (not requires ) satellite companies to retransmit a local broadcast network signal back into the same local market area from which it originates ("local-into-local"). Concerned that satellite TV companies do not plan to offer local-into-local in all parts of the country, Congress then passed the Launching Our...
Authorization and Appropriations for FY2005: Defense
Early on the morning on October 7, 2004, a conference agreement on the FY2005 defense authorization bill ( H.R. 4200 ) was announced. The House approved the conference agreement by a vote of 359-14 on October 8, and the Senate approved it by unanimous consent on October 9. The President signed the bill into law ( P.L. 108-375 ) on October 23. On the key issues, conferees rejected a House provision to delay military base closures; authorized purchases, but not leasing, of Boeing KC-767 or other refueling aircraft; increased statutory caps on Army and Marine Corps active duty end-strength in...
Concurrent Enrollment Programs
Initiated in part as a proposal to reform U.S. high schools, concurrent enrollment programs enable high school aged students to take college level course work and receive college credit while enrolled in high school. Concurrent enrollment programs can be best described as a secondary/postsecondary school hybrid. This report provides a brief history of these programs and a description of the different types of programs, including participation data.
Election of the President and Vice President by Congress: Contingent Election
The 12th Amendment to the Constitution requires that candidates for President and Vice President receive a majority of electoral votes (currently 270 or more of a total of 538) to be elected. If no candidate receives a majority, the President is elected by the House of Representatives (which occurred once, in 1825), and the Vice President is elected by the Senate (which also occurred once, in 1837). This process is known as contingent election.
The 12th Amendment prescribes some contingent election procedures for the President: the President is elected from among the three candidates who...
Farm Commodity Programs: Direct Payments, Counter-Cyclical Payments, and Marketing Loans
This report discusses federal law that has authorized farm income and commodity price support programs for over 70 years.The 2002 farm bill (P.L. 107-171) authorizes the current programs for the 2002-2007 crop years. The payment framework combines direct payments of the 1996 farm bill (P.L. 104-127) with counter-cyclical payments of prior laws. Subsidies continue for wheat, feed grains, upland cotton, and rice, and soybeans and peanuts are added to the list of major crops. Dry peas, lentils, and chickpeas were added to the loan program, and wool, mohair, and honey were reinstated....
Enforcement of Bank Secrecy Act Requirements: Money Services Businesses
Questions have been raised regarding the IRS's ability to effectively monitor the compliance of money services businesses (e.g., check cashing and money order businesses) with the Bank Secrecy Act (BSA), given the large number of such institutions and the IRS's limited resources. In response, the IRS has announced a forthcoming model pact for coordination between the IRS and states with regard to money services businesses and BSA enforcement. This report provides background on the BSA, the IRS's BSA responsibilities, and an overview of some of the criticism leveled at the IRS with respect...
Appropriations for FY2005: Legislative Branch
Congress agreed to a 1.2% increase in its budget authority for FY2005, appropriating $3.57 million, subject to a 0.80% rescission. Although legislative branch agencies requested an overall 12.5% increase, the chairmen and some members of the House and Senate Subcommittees on Legislative Branch indicated early in budget discussions the probability of a fairly flat FY2005 budget. Subsequently, during markup the House and Senate Committees on Appropriations approved a freeze on FY2005 legislative branch budget authority. The House bill ( H.R. 4755 ) contained a -0.1% change from FY2004,...
Appropriations for FY2005: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior's Bureau of Reclamation (BOR), most of the Department of Energy (DOE), and a number of independent agencies. The Bush Administration requested $27.94 billion for these programs for FY2005, compared with $27.26 billion appropriated for FY2004 ( P.L. 108-137 , and rescissions included in P.L. 108-199 ). On June 16 the House Appropriations Committee reported out its bill ( H.R. 4614 ) with $27.99 billion, and the bill passed the...
In November 2004, Congress passed the Satellite Home Viewer Extension and Reauthorization Act (SHVERA), which extends and expands upon earlier Acts that regulate the satellite television (TV) industry. One of the most contentious issues was whether to allow satellite TV companies to retransmit broadcast network digital TV signals to their subscribers who cannot receive digital TV from their local network broadcast stations -- that is, they live in “digital white areas.” SHVERA provides limited authority for satellite companies to offer “distant digital signals” if certain conditions are...
Immigration: Foreign Physicians and the J-1 Visa Waiver Program
The Educational and Cultural Exchange Visitor program has become a gateway for foreign medical graduates (FMGs) to gain admission to the United States as nonimmigrants for the purpose of graduate medical education and training. The visa most of these physicians enter under is the J-1 nonimmigrant visa. Under the J-1 visa program, participants must return to their home country after completing their education or training for a period of at least two years before they can apply for another nonimmigrant visa or legal permanent resident (LPR) status, unless they are granted a waiver of the...
Appropriations for FY2005: U.S. Department of Agriculture and Related Agencies
On November 20, 2004, the House and Senate approved the conference agreement on the FY2005 Consolidated Appropriations Act ( H.R. 4818 , H.Rept. 108-792 ), which combined nine annual appropriations bills into one measure. The President signed H.R. 4818 into law ( P.L. 108-447 ) on December 8, 2004. Division A of the act provides the U.S. Department of Agriculture and Related Agencies with $85.28 billion in budget authority for FY2005, which is $1.3 billion below FY2004 and $2.0-$2.3 billion above the FY2005 House-passed ( H.R. 4766 ) and Senate-reported ( S. 2803 ) bills, and the...
Natural Gas Prices and Market Fundamentals
Intermittently high, volatile natural gas prices since 2000 have raised concern among all types of consumers. Residential customers have seen gas bills increase dramatically during the heating season. Industrial consumers have seen costs increase, which reduces their competitiveness. Because the price of natural gas at the consumer level is a mixture of market forces and regulation, explaining the behavior of price can be difficult. Debate in the 108th Congress concerning the energy bill ( H.R. 6 ), considered provisions which are intended to improve long term natural gas supplies in...
Earmarks and Limitations in Appropriations Bills
An annual appropriations act is generally made up of separate paragraphs, each of which provides funding for specific agencies and programs. Generally, each paragraph corresponds to a unique account and provides appropriations for multiple projects and purposes as a single lump sum. Earmarks and limitations are two devices regularly used in annual appropriations acts to restrict, or more precisely direct, the availability of funds for specific projects or purposes of an account. Sometimes an earmark or a limitation may generate more interest or controversy than the total appropriation.
Overview of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
On December 8, 2003, the President signed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173 . On November 22, 2003, the House of Representatives voted 220 to 215 to approve H.R. 1 , the Medicare prescription drug and modernization conference agreement. The Senate voted 54 to 44 to approve the conference agreement on November 25.
The Act creates a prescription drug benefit for Medicare beneficiaries and establishes a new Medicare Advantage program to replace the current Medicare+Choice program. The prescription drug benefit, which begins in 2006,...
Clean Water Act Issues in the 108th Congress
This report discusses issues regarding the Clean Water Act. Prospects for legislative initiatives to comprehensively amend the Clean Water Act (CWA) have stalled for some time over whether and exactly how to change the law, and Congress has recently focused legislative attention on narrow bills to extend or modify selected CWA programs, rather than taking up comprehensive proposals. For example, the 108th Congress enacted one bill amending the CWA, legislation to reauthorize the National Estuary Program (H.R. 4731, P.L. 108-399).
The Congressional Appropriations Process: An Introduction
This report describes the annual appropriations cycle from the President’s submission of his annual budget through enactment of the appropriations measures. It describes the three types of appropriations measures—regular appropriations bills, continuing resolutions, and supplemental bills. It explains the spending ceilings for appropriations bills that are associated with the budget resolution and the sequestration process, including a description of the mechanisms used to enforce the ceilings. It also explains the authorization appropriations process, which prohibits certain provisions in...
Cuba: Issues for the 108th Congress
Cuba under Fidel Castro remains a hard-line communist state with a poor record on human rights that has deteriorated significantly since 2003. With the cutoff of assistance from the former Soviet Union, Cuba experienced severe economic deterioration from 1989 to 1993. While there has been some improvement since 1994, as Cuba has implemented limited reforms, the economy remains in poor shape. Since the early 1960s, U.S. policy toward Cuba has consisted largely of isolating the island nation through comprehensive economic sanctions. Another component of U.S. policy consists of support...
During a news conference on November 4, 2004, President George W. Bush stated that he “would like to see the President have a line-item veto again, one that passed constitutional muster. I think it would help the executive branch work with the legislative branch to make sure that we’re able to maintain budget discipline.” The
Supreme Court struck down an earlier version of item-veto authority (the Line Item Veto Act of 1996) in Clinton v. City of New York, 524 U.S. 417 (1998), but several statutory alternatives are available. Options to the Line Item Veto Act have been proposed over the...
Major Tax Issues in the 108th Congress
This report provides an overview of major tax issues. It begins by describing three aspects of the economic context in which the tax policy debate during 2004 is likely to occur: the general state of the U.S. economy; the position of the federal budget; and the level of taxes in the United States.
The catastrophic terrorist attack of September 11, 2001 and the subsequent anthrax mailings have sensitized the nation to acts of domestic terror. The confirmation of terrorist interest in weapons of mass destruction and the vulnerability of the United States to such attack have highlighted the potential that these weapons may be used as weapons of terror. The framework of weapons of mass destruction (WMD) includes chemical, biological, and toxin weapons. Chemical, biological, and toxin weapons can produce mass casualties if effectively disseminated, but have varying and different...
Dumping of Exports and Antidumping Duties: Implications for the U.S. Economy
Dumping in the United States is the selling of a product by a foreign producer at a price that is below the product’s sale price in the country of origin, or at a price that is lower than the cost of production. Under U.S. law such an action is considered an unfair trade practice. If that action is found to cause “material injury” to a competing domestic industry, an antidumping duty equal to the “dumping margin” will be levied against the foreign good.
Iraq Reconstruction Resources: Fact Sheet
This fact sheet provides Internet links to the federal agencies or departments currently involved in the contracting process, along with their specific Iraq reconstruction programs underway or proposed. It provides overview information on federal agency contract solicitations, application procedures, and contact information where appropriate.
Student Loan Issues and the Reauthorization of the Higher Education Act
The federal government operates two major student loan programs: the Federal Family Education Loan (FFEL) program, authorized by Part B of Title IV of the Higher Education Act (HEA), and the William D. Ford Direct Loan (DL) program, authorized by Part D of Title IV of the HEA. These programs provide loans to undergraduate and graduate students and the parents of undergraduate students to help them meet the costs of postsecondary education. Together, these programs provide more direct aid to support students' postsecondary educational pursuits than any other source. In FY2003, they provided...
Energy Use in Agriculture: Background and Issues
Agriculture requires energy as an important input to production. Agriculture uses energy directly as fuel or electricity to operate machinery and equipment, to heat or cool buildings, and for lighting on the farm, and indirectly in the fertilizers and chemicals produced off the farm. In 2002, the U.S. agricultural sector used an estimated 1.7 quadrillion Btu of energy from both direct (1.1 quadrillion Btu) and indirect (0.6 quadrillion Btu) sources. However, agriculture’s total use of energy is low relative to other U.S. producing sectors. In 2002, agriculture’s share of total U.S. direct...
Wildfire Protection in the 108th Congress
The 2000 and 2002 fire seasons were, by most standards, among the worst in the past 50 years. Many argue that the threat of severe wildfires has grown in recent years because of unnaturally high fuel loads (e.g., dense undergrowth and dead trees), raising concerns about damage to property and homes in the wildland-urban interface (WUI) — forests near or surrounding homes. Debates about fire control and protection, including funding and fuel treatments (e.g., thinning and prescribed burning), have focused on national forests and other federal lands, but nonfederal lands are also at risk.
Commemorative Observances: A Chronological List
Historically, national commemorative observances were recommended by Congress through the legislative process. This practice was discontinued by the House of Representatives in January 1995, although the Senate continues to issue sense of the Senate resolutions recommending the establishment of commemoratives. It has now become standard practice for special observances to be designated by a proclamation issued by the President. This report is a chronological list of these proclamations for 1997 and 1998, indicating the proclamation number and its Federal Register citation
Federal Student Loans: Terms and Conditions for Borrowers
This report discusses major provisions of the law pertaining to federal student loan borrowers who receive loans through the Federal Family Education Loan (FFEL) and William D. Ford Direct Loan (DL) programs. The primary emphasis is placed on discussing provisions related to borrower eligibility, loan terms and conditions, borrower repayment relief, and loan default and its consequences for borrowers.
Appropriations for FY2005: Military Construction
The military construction (MilCon) appropriations bill provides funding for (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) the bulk of base realignment and closure (BRAC)costs. The President forwarded his FY2005 budget request of $9.6 billion to the Congress on February 2, 2004. Military construction subcommittees held hearings between February 25 and June 22, 2004. The House Appropriations Committee its bill ( H.R. 4837 ) on July 15,...
Metropolitan Area Designations by OMB: History, Current Definitions, and Uses
On December 27, 2000, the Office of Management and Budget (OMB) announced its uniform criteria, or "standards," for defining metropolitan and micropolitan statistical areas in the current decade. These areas together are termed "core based statistical areas" (CBSAs). Also announced were the standards for defining New England city and town areas (NECTAs), which are conceptually similar to CBSAs. The 2000 standards superseded those for defining metropolitan statistical areas in the 1990s. CBSAs consist of counties and county-equivalents in the United States and Puerto Rico. Each CBSA must...
Homeland Security Financial Accountability Act: History and Recent Developments
Prior to the enactment of the Department of Homeland Security (DHS) Financial Accountability Act ( P.L. 108-330 ), the DHS was the only federal cabinet department not included under the Chief Financial Officers (CFO) Act of 1990. DHS had a CFO, but the position was not subject to Senate confirmation. In the 108th Congress, S. 1567 , to bring DHS under the CFO Act, passed the Senate on November 21, 2003, and a related bill, H.R. 4259 , was approved by the House on July 20, 2004. Supporters of the DHS Financial Accountability Act contended that the CFO Act and related laws should apply...
Tobacco Quota Buyout Proposals in the 108th Congress
On October 22, 2004, the tobacco quota buyout was signed into law. Title VI of P.L. 108-357 is known as the Fair and Equitable Tobacco Reform Act of 2004. This legislation eliminated the tobacco quota program and compensated active producers and absentee quota owners for the lost value. The concept of a quota buyout was not new, but it gained political momentum after being endorsed in the final report of a presidential commission on tobacco, Tobacco at a Crossroads, A Call for Action (May 14, 2001), and by the leading U.S. cigarette manufacturer, Philip Morris. Several quota bills...
Mexico's Counter-Narcotics Efforts under Fox, December 2000 to October 2004
This report provides information on Mexico’s counter-narcotics efforts during the first four years of the presidency of Vicente Fox. Special emphasis is placed on calendar year 2003, covered by the State Department’s March 2004 report on international narcotics control, and the first six months of 2004, covered in President Fox’s September 2004 “State of the Nation” report. This report will be updated when warranted by events.
Share of Traffic. According to the State Department, an estimated 70 percent of the U.S.-bound cocaine shipments pass through Mexican territory, a higher...
Electronic Banking: The Implementation of the Check 21 Act
On October 28, 2003, President Bush signed the Check Clearing for the 21st Century Act into law ( P.L. 108-100 , "Check 21 Act") to become effective on October 28, 2004. In the Check 21 Act, Congress gave the Board of Governors of the Federal Reserve System (Fed) the responsibility to prescribe regulations necessary to implement the provisions of the act. On July 26, 2004, the Fed published its final regulations for the Check 21 Act. The purpose of the act is to allow banks to take advantage of the potential cost savings of processing checks electronically. The final regulations facilitate...
Appropriations for FY2005: Department of Homeland Security
This report describes the FY2005 appropriations for the Department of Homeland Security (DHS). On October 18, 2004, P.L. 108-334 was signed into law providing $33.1 billion in appropriations for DHS for FY2005. The report includes tables that compare the FY2004 appropriations for the programs and activities of DHS, the President’s FY2005 request, the congressional response to the request, and the amounts enacted for FY2005.
P.L. 108-334 provides the following amounts for the four titles of the DHS appropriation: (I) Departmental Management and Operations, $607 million; (II)...
Child Welfare: Implementation of the Adoption and Safe Families Act (P.L. 105-89)
In response to rising numbers of children in foster care and concerns about the safety of children that remain with or return to their families after placement in foster care, the 105th Congress enacted the Adoption and Safe Families Act of 1997 (ASFA, P.L. 105-89) with two primary goals: (1) to ensure that consideration of children’s safety is paramount in child welfare decisions, so that children are not returned to unsafe homes; and (2) to ensure that necessary legal procedures occur expeditiously, so that children who cannot return home may be placed for adoption or another permanent...
Paleontological [fossil] resources are of great interest to scholars, dealers in rare objects, and legislators. Large tracts of land under federal management possess valuable fossil resources, many of which remain unexcavated. Concern has developed over the protection and management of these resources, some of which have been subject to theft and/or vandalism. There is no comprehensive statute or management policy for the protection and management of fossils on federal lands. Federal authority may derive from a number of statutes relating to the protection of public properties. There is...
Border and Transportation Security: Appropriations for FY2005
A well-managed border is central to maintaining and improving the security of the homeland against terrorist threats. Border security entails regulating the flow of goods and people across the nation's borders so that dangerous and unwanted goods or people are denied entry. Transportation security entails inspecting and securing people and goods as they move among different locations within the country to reduce the possibility of terrorist attacks or the incursion of unwanted people or goods. The Department of Homeland Security (DHS) has been given primary responsibility for securing...
The Bush Administration's Program Assessment Rating Tool (PART)
Federal government agencies and programs work to accomplish widely varying missions. These agencies and programs employ a number of public policy approaches, including federal spending, tax laws, tax expenditures, and regulation. Given the scope and complexity of these efforts, it is understandable that citizens, their elected representatives, civil servants, and the public at large would have an interest in the performance and results of government agencies and programs. Evaluating the performance of government agencies and programs has proven difficult and often controversial. In spite...
The Electoral College: An Overview and Analysis of Reform Proposals
American voters elect the President and Vice President of the United States indirectly, through an arrangement known as the electoral college system. The electoral college system comprises a complex mosaic of constitutional provisions, state and federal laws, and political party rules and practices.
Although the electoral college system has delivered uncontested results in 46 out of 50 presidential elections since it assumed its present constitutional form in 1804, it has been the subject of persistent criticism and frequent proposals for reform. Reform advocates cite several problems with...
Floor Consideration of Conference Reports in the House
When a committee of conference approves its report, the next step in the legislative process is for the report, along with a joint explanatory statement of the managers, to be presented to the House and Senate for consideration. A conference report must be filed and considered in one chamber at a time, when a chamber is in possession of the official conference papers. The high privilege accorded to conference reports in the House under Rule XXII, clause 7(a) allows them to be presented or filed at almost any time the House is in session, provided that it is in possession of the conference...
The House and Senate must approve an identical version of a measure before it may be presented for the President’s approval or veto. If the House and Senate approve differing versions of a measure, the differences must first be resolved. When the differences between the House and Senate are complex or controversial, the two chambers typically attempt to resolve those differences by going to conference.
Not all differences between the House and Senate versions of a measure, however, might be resolved through the conference process. When conferees are unable to resolve differences, they may...
This report begins with a summary of basic federal requirements applicable to payments for all services and an overview of major developments in federal Medicaid reimbursement policy over the last 20 years. This overview provides a historical context for current policies and highlights some issues that have been perennial concerns for federal and state policymakers. The next four sections of the report provide a detailed discussion of Medicaid reimbursement for four basic categories of services or providers.
Financial Aid for Students: Print and Web Guides
This report provides a list of books and Web addresses intended to help students locate financial aid. This list includes both general and comprehensive works, as well as ones targeted toward specific types of aid and circumstances (e.g., non-need-based scholarships, female and minority students, or students studying abroad).
Arctic National Wildlife Refuge (ANWR): Controversies for the 108th Congress
This report discusses one major element of the energy debate in the 108th Congress, which has been whether to approve energy development in the Arctic National Wildlife Refuge (ANWR) in northeastern Alaska, and if so, under what conditions, or whether to continue to prohibit development to protect the area's biological resources. The Refuge is an area rich in fauna, flora, and commercial oil potential. Current law forbids energy leasing in the Refuge.
On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) issued its final report on the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon. Among other findings and recommendations, the commission stated that existing congressional oversight was "dysfunctional" and recommended two alternative proposals to change the existing intelligence committee structure: (1) replace the existing Senate and House Select Intelligence Committees with a joint committee on intelligence; or (2) consolidate...
International Military Education and Training Program
This report provides background on the International Military Education and Training Program (IMET). It discusses the program’s main features and purposes, perspectives of the IMET’s supporters and critics, and recent issues surrounding the program and its implementation. The United States in recent years has trained annually, on average, over 10,000 students from approximately 130 countries. Formal instruction under IMET involves over 2,000 courses, nearly all of which are taught in the United States at approximately 150 military schools and installations. As the size of the United States...
State Election Laws: Overview of Statutes Providing for Provisional Ballot Tabulation
This report provides a summary of state statutes providing for the tabulation of provisional ballots. The first section contains summaries of District of Columbia and state provisional voting tabulation statutes, organized in alphabetical order; the second section contains summaries of five state statutes providing for election-day registration (also known as "same-day registration"), organized in alphabetical order; and the third section contains a summary of one state statute providing that voter registration is not a requirement for voting. It is important to note that although...
Scientific Research and the Experimental Use Privilege in Patent Law
Congress has identified research and development (R&D) as important contributors to technological progress. The performance of R&D may have intellectual property ramifications, however. To the extent that researchers use patented inventions without authorization, they may face infringement liability. Although the courts recognize an exception to patent infringement known as the "experimental use privilege," this judicially created doctrine has been described as very narrow and rarely applied. In particular, the experimental use privilege applies only to uses done for amusement, to satisfy...
This report, which is updated periodically, covers recent events in Liberia and related U.S. policy. In 2003, Liberia began a post-conflict transition process to achieve enduring peace, socio-economic reconstruction and democratic governance. This process resulted from the signing of a peace accord and the resignation of then-president Charles Taylor in August 2003, after months of international mediation. The accord ended a civil war that burgeoned in 2000 which pitted the forces of Taylor against two armed anti-Taylor rebel groups. The war led to an extreme deterioration in...
Brownfields and Superfund Issues in the 108th Congress
This report discusses the Superfund program for cleaning up the nation's worst hazardous waste sites, created by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or CERCLA (P.L. 96-510, as amended). It includes recent development and background issues, superfund issues, revenue issues, comprehensive reauthorization, and legislation regarding superfund program.
Safeguarding Federal Elections from Possible Terrorist Attack: Issues and Options for Congress
Concerns have arisen that terrorist attacks near the November 2, 2004 federal election might be launched to disrupt voting and affect the outcome. As a result, questions have arisen about what might be done both to prevent such attacks and to respond to any that occur. Deliberations have centered largely around two questions: If a terrorist attack occurs, should the election be postponed, in whole or in part, and if so, by whom and under what authority? What steps should and are being taken to enhance security for the election? Questions about election postponement include who has the...
Endangered Species: Difficult Choices
This report discusses issues debated in the 108th Congress while is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself.
State Election Laws: Overview of Statutes Regarding Emergency Election Postponement Within the State
Federal law establishes the date of the general presidential election as the Tuesday following the first Monday in November every four years. However, due to the possibility of an emergency or disaster, including the threat of a terrorist attack, occurring immediately before or during a scheduled election, some states have enacted statutes providing for the temporary postponement of elections in their respective states, precincts, districts, or counties. This Report summarizes seven state statutes that provide a mechanism for the postponement of certain elections. In the event of...
Coastal Louisiana: Attempting to Restore an Ecosystem
Congress continues to consider legislative options to address wetlands loss in coastal Louisiana. Some legislative proposals would dedicate some federal revenues from offshore oil and gas development to restoration efforts. Other proposals would authorize specific restoration projects or activities, or further examination of the causes and effects of loss. These projects are neutralizing conditions that lead to loss at some sites, and are reestablishing some wetlands. These projects are expected to have many ecological, economic, and social benefits. A July 2004 U.S. Army Corps of...
9/11 Commission Recommendations: Intelligence Budget
This report identifies the main recommendations of the 9/11 Commission with respect to the intelligence budget. The National Commission on Terrorist Attacks, known as the 9/11 Commission, on July 22, 2004 recommended replacing the Director of Central Intelligence with a National Intelligence Director: (1) to oversee national intelligence centers on specific subjects of interest across the United States government; and (2) to manage the national intelligence program and oversee agencies that contribute to it. The National Intelligence Director would submit a unified budget for national...
Farm Credit Services of America Ends Attempt to Leave the Farm Credit System
In an unprecedented move, an institution of the Farm Credit System (FCS) -- a government-sponsored enterprise -- initiated procedures on July 30, 2004, to leave the FCS and be purchased by a private company. But after much controversy, including congressional hearings, the board of directors of Farm Credit Services of America (FCSA) voted on October 19, 2004, to terminate its agreement with Rabobank before seeking approval from the Farm Credit Administration, the System's federal regulator. FCSA is the FCS lending association serving Iowa, Nebraska, South Dakota, and Wyoming. Rabobank...
Private Bills: Procedure in the House
A private bill is one that provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private law when administrative or legal remedies are exhausted, but Congress seems more often to view private legislation as appropriate when no other remedy is available, and when enactment would, in a broad sense, afford equity. From 1817 through 1971, most Congresses enacted hundreds of private laws, but since then the number has declined to below 30, as Congress has expanded administrative discretion to deal with many of the situations that...
This comparative analysis of H.R. 10 (9/11 Recommendations Implementation Act) and S. 2845 (National Intelligence Reform Act of 2004) is an assessment of major similarities and differences between the two bills as passed by the House (October 8, 2004) and Senate (October 6, 2004) and under conference consideration.
References to the two bills are to engrossed versions. The presentation is organized to follow the basic construct of the House bill, because its coverage remained more stable through the legislative process to date. For purposes of clarity, we refer to the House-passed bill as...
In its July 22, 2004, final report, the National Commission on Terrorist Attacks Upon the United States (also known as the "9/11 Commission") proposed a five-part plan to build unity of effort across the U.S. government in fighting terrorism. The commission's report includes specific recommendations for "centralizing and strengthening congressional oversight of intelligence and homeland security issues" including a recommendation that Congress consider creating a joint committee for intelligence, using the Joint Atomic Energy Committee as its model. Created in the wake of the explosion of...
Employment statistics are key indicators of the performance of the economy, measuring how many jobs exist in the economy as well as how individuals fare in the labor market. Payroll employment estimates track the number of wage and salary jobs created and lost in the economy. In comparison to this job-based measure, (un)employment statistics measure the quantities and ratios of those individuals who are employed or unable to find employment despite actively seeking jobs. This paper defines and distinguishes two commonly used groups of employment estimates: payroll employment (derived...
Botswana: The San (Bushmen) Rights Case
In November 2004, the San people of Botswana are expected to continue their court case against the government of Botswana. The San argue that they were illegally removed from their ancestral land within the Central Kalahari Game Reserve (CKGR). International human rights groups contend that the manner in which the San were removed violated international human rights laws. The discovery of diamond reserves within the CKGR has led advocacy groups to argue that the San have been removed to allow diamond mining to go ahead in the CKGR. Both the government of Botswana and leading diamond mining...
Military Personnel Financial Services Protection Act: H.R. 5011, 108th Congress
This report discusses the military personnel financial services protection act: H.R. 5011, 108th The bill utilizes both Congress’ constitutional Commerce Power authority to enact insurance legislation, and the states’ traditional regulation of the insurance industry1 to create a scheme for regulating the sale of certain life insurance products to military personnel that supporters argue is fairer and more transparent than is currently the case.
Military Base Closures: A Historical Review from 1988 to 1995
The United States has experienced difficulty in closing military bases to match the requirements of downsized forces with changed composition. During the decade of the 1980s, major military base closures were seriously hampered by procedural requirements established by Congress, to the point that none occurred. The mismatch between real estate assets and defense requirements grew with the military downsizing that began late in the Reagan Administration and continued under Presidents George H. W. Bush and Clinton. After several legislative efforts to break the deadlock had failed,...
Federal Funding for Unauthorized Aliens’ Emergency Medical Expenses
There has been interest in the amount of money spent, as well as the amount of federal funds available to provide emergency medical care to unauthorized (illegal) aliens in the United States. It is extremely difficult to ascertain the amount of money spent for emergency medical care for unauthorized aliens since most hospitals do not ask patients their immigration status. Additionally, prior to the passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173) on December 8, 2003 there were no federal funds available for the specific purpose of...
Europe and Counterterrorism: Strengthening Police and Judicial Cooperation
The September 11, 2001 terrorist attacks on the United States gave new momentum to European Union (EU) initiatives to combat terrorism and other cross-border crimes such as drug trafficking, human trafficking, and financial fraud. For many years, EU efforts to address such challenges were hampered by national sovereignty concerns, insufficient resources, and a lack of trust among law enforcement agencies. However, the terrorist attacks and the subsequent revelation of Al Qaeda cells in Europe changed this status quo as it became increasingly evident that the EU's open borders and different...
S.Res. 445: Senate Committee Reorganization for Homeland Security and Intelligence Matters
Early in October 2004, a bipartisan Senate working group headed by Senators Mitch McConnell and Harry Reid issued a series of recommended reforms in Senate committee operation and jurisdiction with regard to homeland security and intelligence. The working group recommendations came in the wake of the final report of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission), which urged Congress to reorganize its committee structures to oversee these issues more effectively. Following four days of debate and amendment, on October 9, 2004, the...
Senate Select Committee on Intelligence: Term Limits and Assignment Limitations
The 2005 Intelligence Authorization bill ( S. 2386 ) as reported by the Senate Intelligence Committee contains a provision repealing term limits for committee members. (1) The 9/11 Commission Report recommended that the eight-year term limit for members serving on the Intelligence Committee be abolished. S.Res. 445 , introduced by Rules and Administration Committee Chairman Trent Lott on October 1, 2004, reported from that committee by a vote of 12-0 on October 5, 2004, and agreed to October 9, by a vote of 79-6, eliminated term limits for Intelligence Committee members. The 9/11...
This is a brief description of the substantive criminal law and procedures provisions of the House-passed version of H.R. 10 . They have no equal in Senate-passed S. 2845 . The provisions are largely devoted to increasing the penalties for various existing terrorist crimes and increasing the jurisdictional circumstances under which they may be prosecuted under federal law. The provisions include “lone wolf” FISA and grand jury information sharing amendments; increased penalties for hoaxes and obstructions of justice in terrorism cases, for identification offenses, and for smuggling...
Coverage of Vision Services under the State Children's Health Insurance Program (SCHIP)
A small but significant proportion of children have visual impairments. When detected early, many childhood vision abnormalities are treatable, but the potential for correction and normal visual development diminishes with age. Under SCHIP, states may provide coverage by expanding Medicaid or creating a separate SCHIP program or both. Medicaid and SCHIP provide access to an array of vision-related services, including vision screening services that can help children in low- to moderate-income families overcome these difficulties. Medicaid's mandatory Early, and Periodic, Screening,...
This is a brief description of the substantive criminal law and procedures provisions of the House-passed version of H.R. 10 . They have no equal in Senate-passed S. 2845 . . The provisions are largely devoted to increasing the penalties for various existing terrorist crimes and increasing the jurisdictional circumstances under which they may be prosecuted under federal law. The provisions include “lone wolf” FISA and grand jury information sharing amendments; increased penalties for hoaxes and obstructions of justice in terrorism cases, for identification offenses, and for smuggling...
Immigration Legislation and Issues in the 108th Congress
The 108th Congress has considered and is considering legislation on a wide range of immigration issues. Chief among these are the immigration-related recommendations of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission), expedited naturalization through military service, and foreign temporary workers and business personnel.
Several major bills that seek to implement recommendations of the 9/11 Commission propose significant revisions to U.S. immigration law: H.R. 10 , S. 2845 , S. 2774 / H.R. 5040 , and H.R. 5024 . Of these bills,...
On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) released its bipartisan, unanimous final report containing recommendations for far-reaching and fundamental changes to the United States Intelligence Community (IC). Almost 20 months after its creation by P.L. 107-306 , the commission, as mandated by its founding legislation, attempted to present a full and complete accounting of the facts and circumstances surrounding the terrorist attacks of September 11, 2001, as well as recommendations for corrective measures that...
Federal Responses to International Conflict and Terrorism: Property Rights Issues
Among federal actions dealing with international conflict, wars, and terrorism, direct impingements on private property are common. Besides the obvious ravages of battle, there have historically been military occupations and requisitions of property not in the actual theater of war. And, non-military measures may be used against assets, attachments on foreign assets, causes of action, and so on. Unsurprisingly, holders of affected property interests have claimed that their property was "taken" and demanded compensation, invoking the Takings Clause of the Fifth Amendment. This report...
On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) released its bipartisan, unanimous final report containing recommendations for far-reaching and fundamental changes to the United States Intelligence Community (IC). Almost 20 months after its creation by P.L. 107-306 , the commission, as mandated by its founding legislation, attempted to present a full and complete accounting of the facts and circumstances surrounding the terrorist attacks of September 11, 2001, as well as recommendations for corrective measures that...
9/11 Terrorism: Global Economic Costs
The 9/11 attacks were part of Al Qaeda's strategy to disrupt Western economies and impose both direct and secondary costs on the United States and other nations. The immediate costs were the physical damage, loss of lives and earnings, slower world economic growth, and capital losses on stock markets. Indirect costs include higher insurance and shipping fees, diversion of time and resources away from enhancing productivity to protecting and insuring property, public loss of confidence, and reduced demand for travel and tourism. In a broader sense, the 9/11 attacks led to the invasions and...
To improve the organization and capabilities of the U.S. intelligence community, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) recommended, among other things, that two entities be established -- a National Intelligence Director (NID) and a National Counterterrorism Center (NCTC). The commission said that the NID should be located within the Executive Office of the President (EOP), and said the NCTC should report to the NID. Legislation designed to create these entities would place them either within the EOP (e.g., H.R. 5024 and H.R. 5050 ) or...
This report highlights trends and data found in the State Department's annual Patterns of Global Terrorism report , (Patterns 2003) and addresses selected issues relating to its content. This report will not be updated. On April 29, 2004, the Department of State released its annual Patterns of Global Terrorism report. After discrepancies were noted in reported data, the Department of State issued revised statistics on June 22, 2004. The newly released data showed minimal change in the number of terrorist attacks worldwide in 2003 over 2002 levels -- an increase from 205 attacks...
March 11 Terrorist Attacks in Madrid and Spain's Elections: Implications for U.S. Policy
This report discusses the March 11, 2004 terrorist attacks in Madrid, Spain and their impact on Spain's March 14 parliamentary elections, which resulted in the surprise victory of the Socialist Party over the ruling right-of-center Popular Party. The report also examines some of the possible implications of the attacks and the elections for the U.S.-led coalition in Iraq, the war on terrorism and U.S.-Spain relations. This report will be updated as warranted. See also CRS Report RS21794 , Iraq Coalition: Public Opinion Indicators in Selected European Countries , by Julie Kim.
The 9/11 Commission, in its recent report on the attacks of September 11, 2001, criticized the U.S. Intelligence Community's (IC) fragmented management structure and questioned whether the U.S. Government, and the IC, in particular, is organized adequately to direct resources and build the intelligence capabilities that the United States will need to counter terrorism, and to address the broader range of national security challenges in the decades ahead. The Commission made a number of recommendations, one of which was to replace the current position of Director of Central Intelligence...
Telemarketing: Dealing with Unwanted Telemarketing Calls
In recent years, Congress has enacted several federal laws addressing telemarketing fraud and practices. As a result, both the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) have established regulations covering the $720 billion telemarketing industry in the United States. It is estimated that consumers lose over $40 billion a year to fraudulent telemarketers. Although the vast majority of telemarketers are legitimate business people attempting to sell a particular product or service, there are unscrupulous individuals and companies violating telemarketing...
Expanding Threat Reduction and Nonproliferation Programs: Concepts and Definitions
President Bush, Members of Congress, and analysts outside government have suggested that the United States provide threat reduction and nonproliferation assistance to nations outside the former Soviet Union. Some propose expanding assistance to contain proliferation; others support programs to stop terrorists from acquiring weapons of mass destruction (WMD). Some support assisting only those nations with WMD programs; others support assistance for any nation with WMD materials or knowledge. Some support assistance with the storage or elimination of weapons; others believe the United States...
House Select Committee on Homeland Security: A Fact Sheet
On January 7, 2003, the House created a Select Committee on Homeland Security. The panel is granted legislative and oversight jurisdiction over the newly created Department of Homeland Security. It is also mandated to study House rules, including Rule X, as they apply to homeland security matters and recommend changes to the House Rules Committee no later than September 30, 2004. The Homeland Security Committee's report was released and sent to the Rules Committee on September 30, 2004. For options on committee organization, see CRS Report RS21360 , Department of Homeland Security:...
The U.S. Intelligence Budget: A Basic Overview
The 9/11 Commission recommended that a new National Intelligence Director (NID) should have control over personnel and budgets of all agencies that collect and analyze national foreign intelligence in order to foster more cooperation. This CRS report describes the intelligence budget and gives rough estimates of amounts for major components of the budget based on unclassified sources. It also reviews current procedures for formulating and executing the budget. And it highlights how proposed legislation addresses the issue. For a more extensive description of the Defense Department agencies...
Critical Infrastructure and Key Assets: Definition and Identification
The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets (NSPP) details a major part of the Bush administration’s overall homeland security strategy. Implementing this Strategy requires clear definition of “critical infrastructures” and “key assets.” Although the Strategy provides such definitions, the meaning of “critical infrastructure” in the public policy context has been evolving for decades and is still open to debate.
Twenty years ago, “infrastructure” was defined primarily with respect to the adequacy of the nation’s public works.In the...
Mobile Telephones and Motor Vehicle Operation
In the United States, as well as worldwide, there has been substantial growth in the use of mobile wireless telecommunication services ("mobile telephones"). The use of mobile telephones by the drivers of motor vehicles has been the subject of certain state and local restrictions. S. 179 (108th Cong., 1st Sess. (2003)) has been introduced in the 108th Congress to provide some federal oversight of mobile telephone use by drivers of motor vehicles, by requiring the individual states to enact legislation to restrict mobile telephone use by drivers of motor vehicles. Noncomplying...
NAFTA: Related Environmental Issues and Initiatives
The North American Free Trade Agreement (NAFTA) includes several environment-related provisions, that while limited, were unprecedented for their inclusion in a trade agreement. However, further environmental (and labor) assurances were needed to secure passage of NAFTA, and ultimately, the negotiating parties agreed to a side accord that promotes cooperation on environmental matters and includes provisions to address a party's failure to enforce environmental laws. Additionally, the United States and Mexico entered into the Border Environmental Cooperation Agreement (BECA), which...
Indian Tribes and Welfare Reform
The 1996 welfare law ( P.L. 104-193 ) gives federally recognized Indian tribes (defined to include certain Alaska Native organizations) the option to design and operate their own cash welfare programs for needy children with funds subtracted from their state's block grant for Temporary Assistance to Needy Families (TANF). As of September 15, 2004, 45 tribal TANF plans were in operation in 16 states. Their annual rate of federal funding totaled $134.2 million. The 1996 law also appropriated $7.6 million annually for work and training activities to tribes in 24 states that operated a...
The Supreme Court is said to have announced a "new rule" when it hands down a decision that addresses an issue of law in a new way or for the first time. In criminal law new rules apply prospectively, but they also apply retroactively sometimes. Whether a new rule provides the basis for overturning a past case depends on the nature of the new rule and where in the review process a past case is located when the new rule is announced. If the new rule is a substantive one, that is, if it declares that conduct previously outlawed may not be criminalized, it applies retroactively. If the new...
Financial Institution Customer Identification Programs Mandated by the USA PATRIOT Act
Under the USA PATRIOT Act, P.L. 107-56 , section 326, 31 U.S.C. Section 5318(l), the Secretary of the Treasury has prescribed minimum standards for banks, savings associations, credit unions, and securities firms to establish Customer Identification Programs (CIPs). To open a new account, U.S. individuals must provide a social security number and non-U.S. persons, a government issued identification with a photograph. The required information must be verified either by documents, such as driver's licenses, or by non-documentary means, such as inquiring with a credit reporting agency. The...
The Strategic Petroleum Reserve: Possible Effects on Gasoline Prices of Selected Fill Policies
The Strategic Petroleum Reserve (SPR), authorized by the Energy Policy and Conservation Act ( P.L. 94-163 ), was originally intended to provide a domestic stock of crude oil to be used in emergency situations when the supply of crude oil to the United States is disrupted. In November 2001, President Bush ordered that the SPR be filled to its current capacity with royalty-in-kind (RIK) oil, the government's share of oil produced from federal leases. In the face of high prices for crude oil and gasoline, the policy has been challenged as a contributing cause of higher prices....
Proposals for Intelligence Reorganization, 1949-2004
Proposals for the reorganization of the United States Intelligence Community have repeatedly emerged from commissions and committees created by either the executive or legislative branches. The heretofore limited authority of Directors of Central Intelligence and the great influence of the Departments of State and Defense have inhibited the emergence of major reorganization plans from within the Intelligence Community itself. Proposals to reorganize the Intelligence Community emerged in the period immediately following passage of the National Security Act of 1947 (P.L. 80-253) that...
Military Role in Space Control: A Primer
This report reviews Department of Defense (DOD) military space control efforts and related policy and resources. Since the 1991 Gulf War, U.S. military forces have become increasingly reliant on space resources for communications, intelligence imagery, weather, warning, navigation, and timing. Asserting that U.S. space assets have become an integral part of today's warfare, the Department of Defense (DOD) has begun to emphasize the importance of protecting these resources. Although U.S. military space systems have been relatively unchallenged, military leaders anticipate...
Washington Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Washington.
Vermont Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Vermont.
Shutdown of the Federal Government: Causes, Effects, and Process
This report provides a brief overview of the causes and effects of federal government shutdowns. This report provides a brief overview of the causes and effects of federal government shutdowns. When federal agencies and programs lack appropriated funding, they must cease operations, except in emergency situations. The failure of the President and Congress to reach agreement on funding measures has caused government shutdowns. It is necessary either to enact temporary funding legislation at the close of the fiscal year or to shut down the activities that are not funded at that time.
FY2005 Budget Documents: Internet Access and GPO Availability
Every year the President submits to Congress a series of volumes that provide the text of the President’s proposed budget for the coming fiscal year. Neither the Congressional Research Service (CRS) nor the Library of Congress can provide giveaway copies of these documents. This report provides brief descriptions of these budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices to obtain these publications. It also tells how to find locations of government depository libraries, which can provide both printed...
Average Farm Subsidy Payments, by State, 2002
The U.S. Department of Agriculture makes direct subsidy payments through the Commodity Credit Corporation to farmers for commodity price and income support, certain conservation and environmental activities, and some disaster losses. In 2002, these direct farm subsidy payments amounted to $12.151 billion.
This report examines the distribution of these payments among states, calculates the average size of payments going to recipient farms in each state, and distinguishes between payments received by farm operators and landlords. This information is intended to aid in policy debates about...
In Apprendi v. New Jersey , 530 U.S. 466 (2000), the United States Supreme Court held that except in the case of recidivists a judge could not sentence a criminal defendant to a term of imprisonment greater than that which the statutory maximum assigned to the crime for which he had been convicted by the jury. In Blakely v. Washington , 124 S.Ct. 2531 (2004), the Court made it clear that Apprendi meant that when sentencing a criminal defendant under sentencing guidelines a judge may proceed up the severity scale only so far as the specific findings of the jury will allow. Facts new to...
The Black Lung Excise Tax on Coal
The Black Lung Excise Tax (BLET) on coal has been in effect since 1978 and finances the Black Lung Disability Trust Fund. An estimated $14,000 million in coal excise tax revenues have gone into the fund through FY2004. The fund compensates miners (as well as their survivors and dependents) afflicted with pneumoconiosis, or "black lung disease," pays their medical costs, and finances the costs of administering the program. In 1998 a U.S. district court ruled that the black lung excise tax on coal exports violated the export clause of the U.S. Constitution. Of the estimated $1,300 million of...
"Good Samaritan" Tort Reform: Three House Bills
On September 8, 2004, the House Committee on the Judiciary ordered to be reported three 108th Congress tort reform bills: the Volunteer Pilot Organization Protection Act ( H.R. 1084 ), the Good Samaritan Firefighter Assistance Act of 2003 ( H.R. 1787 ), and the Nonprofit Athletic Organization Protection Act of 2003 ( H.R. 3369 ). On September 14, the House passed H.R. 1084 and H.R. 1787, but failed to pass H.R. 3369. Tort law is primarily state law, and federal tort reform bills such as these are generally designed to limit liability under state tort law.
Air Pollution Emission Control: Existing Technologies and Mercury Cobenefits
The Environmental Protection Agency (EPA) regulates the amount of pollution emitted into the atmosphere by stationary combustion sources. To meet these regulations, stationary sources use various techniques to reduce air pollutant emissions, including installing post-combustion emission control technologies. Some post-combustion technologies reduce the emissions of other pollutants besides the one for which they are designed. These concomitant reductions are called cobenefits. The EPA has proposed regulating mercury emissions from coal-fired electric power plants by relying on the results...
Fishery, Aquaculture, and Marine Mammal Online News and Information Sources
A variety of free online sources can be used by Members of Congress and staff seeking current and breaking news on fisheries, aquaculture, and marine mammals. Services identified include newswires and news services, press release services, regional and topical newsletters, topical discussion groups, comprehensive resource archives, professional organizations, trade and interest organizations, government agencies and international commissions, and issue-specific sites. This summary does not attempt a complete listing of available online sources, but offers a selection of frequently used...
Gasoline Supply: The Role of Imports
Gasoline demand in the United States has grown consistently during the past decade, increasing by a total of 20%. Between 1999 and 2003, gasoline consumption grew by 500,000 barrels per day, accounting for all of the increase in petroleum consumption during that period. While 2004 may see growth slow down because of high prices, during the first seven months of the year gasoline demand was up by another 1.9%. The fact that gasoline supply has not kept up with demand has been reflected in pump prices that have risen from $1.50 at the start of 2004 to as high as $2.06 per gallon in late...
Genocide: Legal Precedent Surrounding the Definition of the Crime
The current situation in Darfur, Sudan, and the surrounding debate over whether the Sudanese government's actions constitute genocide or ethnic cleansing provides the impetus for this report. This report presents a brief historical background on the U.N. Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), its ratification and implementation by the United States, and its incorporation into the Rome Statute creating an International Criminal Court (ICC). Decisions from the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda...
Approximately 30% of the land in the United States is under the control of federal land managers. Much of this public land is rich in paleontological [fossil] resources. Concern has been expressed over the management, conservation, and protection of these resources. There is no comprehensive statute or management policy for the protection or management of fossils located on federal lands. Federal authority for the management of such resources may be derived from a number of general statutes relating to the protection of public properties. The applicability of some of these statutes, such...
Interstate Shipment of Municipal Solid Waste: 2004 Update
This report, which replaces CRS Report RL31651(pdf) , provides updated information on interstate shipment of municipal solid waste (MSW). Since the late 1980s, Congress has considered, but not enacted, numerous bills that would allow states to impose restrictions on interstate waste shipments, a step the Constitution prohibits in the absence of congressional authorization. Over this period, there has been a continuing interest in knowing how much waste is being shipped across state lines for disposal, and what states might be affected by proposed legislation. This report provides...
Lawfulness of Interrogation Techniques under the Geneva Conventions
Allegations of abuse of Iraqi prisoners by U.S. soldiers at the Abu Ghraib prison in Iraq have raised questions about the applicability of the law of war to interrogations for military intelligence purposes. Particular issues involve the level of protection to which the detainees are entitled under the Geneva Conventions of 1949, whether as prisoners of war or civilian "protected persons," or under some other status. After photos of prisoner abuse became public, the Defense Department (DOD) released a series of internal documents disclosing policy deliberations about the...
Senators Grassley, Dorgan, and Gregg have each introduced bills that address Congressional
concerns with prescription drug importation that were not resolved by the provisions in the Medicare
Prescription Drug, Improvement, and Modernization Act (the MMA, P.L. 108-173 ).
S. 2307 , the Reliable Entry for Medicines at Everyday Discounts
through Importation with Effective Safeguards Act of 2004, introduced by Senator Grassley on April
8, 2004 [the Grassley bill];
S. 2328 , the Pharmaceutical Market Access and Drug Safety Act
of 2004, introduced by Senator Dorgan on April 21, 2004...
The Supreme Court Revisits the Environment: Seven Cases Decided or Accepted in the 2003-2004 Term
In the Supreme Court's 2003-2004 term, concluded June, 2004, the Court accepted for review seven environmental cases -- an unusually large number. Five decisions were handed down during the term, and two cases were carried over to the upcoming 2004-2005 term. Of the five decided cases, three involve the Clean Air Act (CAA). Alaska Dep't of Environmental Conservation v. EPA asked whether EPA may issue CAA enforcement orders that effectively overrule a permit issued by a state under its EPA-approved air program. The Court said yes, though only by a 5-4 margin. In Engine Manufacturers...
Wyoming Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Wyoming.
Maine Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Maine.
Puerto Rico Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on Puerto Rico.
Maryland Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Maryland.
West Virginia Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of West Virginia.
Armenia has experienced domestic political turmoil since independence. Since political assassinations in October 1999, President Robert Kocharian has outmaneuvered his opponents and secured his March 2003 re-election amid accusations of electoral irregularities. The economy is rebounding, except a majority of the people remain poor. A cease fire holds in the war with Azerbaijan over the region of Nagorno-Karabakh. In general, Armenia relies on Russia for security and on the United States for economic aid. Its relations with neighboring Iran are good, but those with Turkey are troubled....
Foreign Corrupt Practices Act: A Legal Overview
This report examines the Foreign Corrupt Practices Act of 1977 was enacted principally to prevent corporate bribery of foreign officials. This act had three major parts: 1. It required the
keeping by corporations of accurate books, records, and accounts; 2. It required issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and 3. It prohibited bribery by American corporations of foreign officials.
Energy Savings Performance Contracts: Reauthorization Issues
Since the 1970s, both the executive branch and Congress have promoted energy efficiency within federal agencies. When the federal government's energy-efficiency and conservation programs received severe budget cuts in the 1980's, Shared Energy Savings and later Energy Savings Performance Contracts were devised as part of the strategy to meet federal energy reduction goals. Energy Savings Performance Contracts (ESPCs) offered federal agencies a novel means of making energy-efficiency improvements to aging buildings and facilities. In return for privately financing and installing energy...
Female Genital Mutilation (FGM): Background Information and Issues for Congress
Congress has acted to help prevent female genital mutilation (FGM) in several ways. Broadly, it has passed legislation that targets women and aims to improve health conditions around the globe. Specifically, Congress has passed language protecting victims of FGM and criminalizing the practice in the United States in the FY1997 Omnibus Consolidated Appropriations, P.L. 104-208 . It has also passed the Foreign Affairs Operations, Export Financing, and Related Programs Appropriations Act, 2001 , P.L. 106-429 , which contains language requiring the U.S. Department of State...
Project BioShield: Legislative History and Side-by-Side Comparison of H.R. 2122, S. 15, and S. 1504
Few effective countermeasures currently exist to deal with chemical, biological, radiological, and nuclear terror agents. In early 2003, the Bush administration proposed Project BioShield to stimulate the development of such countermeasures and to procure them for the Strategic National Stockpile (SNS). Congress considered three bills that incorporated much of the administration's proposal: S. 15 (Gregg), H.R. 2122 (Tauzin), and S. 1504 (Gregg). H.R. 2122 passed the House on July 16, 2003. S. 15 passed the Senate on May 25, 2004 in an amended form similar to H.R. 2122 . This...
Conventional Arms Transfers to Developing Nations, 1996-2003
This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world. The data in the report illustrate how global patterns of conventional arms transfers have changed in the post-Cold War and post-Persian Gulf War years.
Equal Rights Amendments: State Provisions
Twenty states adopted state equal rights amendments between 1879 and 1998. The texts of most of these amendments either are similar to the proposed federal amendment or restate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. The timing of the enactment of these state amendments and the choice of wording reflect both the ebb and flow of the women's movement in the United States and the political culture of the particular states at the time of passage. A brief history of the women's rights movement as it relates to the passage of state equal rights...
Vieques, Puerto Rico Naval Training Range: Background and Issues for Congress
This report discusses the controversy leading up to the closure of the U.S. naval training range on the Puerto Rican island of Vieques, Congress' legislation directing the closure, and the potential impact of the closure on military training and readiness. For a discussion of post-closure environmental cleanup issues at Vieques, see CRS Report RL32533(pdf) . (1) On April 30, 2003, the Department of the Navy (DON) closed its training range on Vieques. On March 31, 2004, as directed by Section 8132 of the FY2004 defense appropriations act ( P.L. 108-87 / H.R. 2658 ), the Navy closed...
Privacy: Key Recommendations of the 9/11 Commission
Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions. It will not be updated.
This report identifies ways to locate the texts of the Constitution of the United States and the Declaration of Independence in various formats, from sources such as the U.S. Government Printing Office, the National Archives and Records Administration, the Historical Documents Company, the Library of Congress National Library Service for the Blind and Physically Handicapped, and the Law Library of Congress. It also lists Internet addresses where applicable.
The NCAA and Due Process: Legal Issues
Recent events surrounding sports scandals at several of the nation's major universities have sparked interest in the National Collegiate Athletic Association's (NCAA) procedures for investigating claims of rules violations, and the procedural protection afforded to the accused in such an investigation. This report examines the NCAA's current investigatory process and outlines two important court cases that have shielded the NCAA from attempts to require the NCAA to adhere to due process principles.
The House has passed H.R. 1115 and the Senate Judiciary Committee has reported out S. 274 (both styled the Class Action Fairness Act of 2003). Each (1) creates a consumer class action bill of rights, and (2) allows the federal courts to try a greater number of large class action law suits (100 plaintiffs or more) arising out of state law where the parties come from diverse states. Current law requires that each plaintiff have suffered $75,000 in damages and that there be complete diversity before a state lawsuit may be filed in or removed to federal court, that is to say all of the...
Private Rights of Action and the Wiretap Act: The "DirecTV" Litigation
Attempts by DirecTV to reduce the piracy of its satellite broadcast signal have garnered significant legal and congressional interest. Over the past several years DirecTV has been engaged in an aggressive campaign to prevent the theft and piracy of its satellite television signal. One element of this campaign has been to bring civil lawsuits against individuals who possess certain devices that apparently can be used to intercept satellite transmissions. DirecTV has brought these lawsuits primarily pursuant to the civil remedies section of the Electronic Communications Piracy Act (Wiretap...
Department of Homeland Security: Options for House and Senate Committee Organization
The 9/11 Commission Report recommended that the House and Senate each have a "permanent standing committee" as the principal committee for conducting oversight and review for homeland security. Earlier, pursuant to PL 107-296, the Homeland Security Act, a new Department of Homeland Security was established. Congress began discussions regarding the appropriate congressional structure to conduct oversight and fund the new department. Section 1503 of the legislation states the sense of Congress that each chamber should review its committee structure in light of the reorganization of the...
The U.S. Contract Security Guard Industry: an Introduction to Services and Firms
Private security guards have long supplemented public law enforcement in the United States; however they face new requirements since the terror attacks of September 11, 2001. The 9/11 Commission report has noted: "homeland security and national preparedness ... often begins with the private sector." The use of contract guards for public security raises policy issues related to capabilities, oversight, and cost-effectiveness. To assist Congress in addressing these issues, this report provides background information concerning the contract guard industry. According to the Bureau of Labor...
The Baltic States: U.S. Policy Concerns
This report provides background and analysis on the political and economic situations on Lithuania, Latvia, and Estonia (commonly collectively referred to as the Baltic states), their foreign policies, and U.S. policy toward them. The Baltic states achieved their long-held dream of full independence from the Soviet Union in the aftermath of the failed August 1991 coup by Soviet hard-liners. Since 1991, the these three countries have made great strides in building democracies and free market economies. They have also sought integration into Western economic and security structures, in...
Capital Punishment: Summary of Supreme Court Decisions of the 2003-2004 Term
In the 2003-2004 term, the Supreme Court decided in Banks v. Dretke , that Delma Banks should be allowed to raise Brady challenges based on failure by the prosecution to release exculpatory evidence in federal habeas proceedings even though they had been fully presented to the state courts. In Nelson v. Campbell, it ruled that a challenge to the method of execution under 42 U.S.C. Section 1983 is not equivalent to a habeas corpus petition, provided that the petitioner is not contesting his imprisonment (the petitioner claimed that the Alabama prison's intended use of a...
Guatemala: Political Conditions, Elections, and Human Rights
Since the 1980s, Guatemala has been consolidating its transition from a centuries-long tradition of mostly autocratic rule toward representative government. A democratic constitution was adopted in 1985, and a democratically-elected government was inaugurated in 1986. Democratic institutions remain fragile. A 36-year civil war ended in 1996 with the signing of the Peace Accords between the government and the left-wing guerrilla movement. The accords not only ended the civil conflict, but constituted a blueprint for profound political, economic, and social change to address the conflict's...
Turkey: Update on Selected Issues
Prime Minister Recep Tayyip Erdogan and his Justice and Development Party (AKP) remain popular and have a firm hold on power in Turkey. The AKP is trying to recast itself from an Islamist-rooted party to a centrist "conservative democratic" party. Although some AKP actions fuel secularist suspicions of a hidden Islamist agenda, the high priority that the party gives to attaining European Union (EU) membership may mitigate fears about its intentions and support its centrist ambitions. The government remains focused on the economy. With the aid of the International Monetary Fund (IMF), it...
The Enron Collapse: An Overview of Financial Issues
The sudden and unexpected collapse of Enron Corp. was the first in a series of major corporate accounting scandals that has shaken confidence in corporate governance and the stock market. Only months before Enron's bankruptcy filing in December 2001, the firm was widely regarded as one of the most innovative, fastest growing, and best managed businesses in the United States. With the swift collapse, shareholders, including thousands of Enron workers who held company stock in their 401(k) retirement accounts, lost tens of billions of dollars. It now appears that Enron was in...
Terrorism: Key Recommendations of the 9/11 Commission and Recent Major Commissions and Inquiries
This report highlights key recommendations set out in the report of the 9/11 Commission organized by the following major thematic areas: (1) Focus of U.S. International Anti-Terrorism Policy; (2) Institutional Steps to Protect Against and Prepare for Terrorist Attacks; (3) Intelligence Issues; and (4) Congress and Oversight Issues. A bulleted summary is made, under each of these major thematic headings, of the key recommendations of the 9/11 Commission, the Gilmore Commission, the Bremer Commission, the Joint Inquiry of the House and Senate Intelligence Committees, and the Hart-Rudman...
Electronic Voting Systems (DREs): Legislation in the 108th Congress
Several bills have been introduced in the 108th Congress to address issues that have been raised about the security of direct recording electronic (DRE) voting machines. Touchscreen and other DREs using computer-style displays are arguably the most versatile and voter-friendly of any current voting system. The popularity of DREs, particularly the touchscreen variety, has grown in recent years. In addition, the Help America Vote Act of 2002 (HAVA, P.L. 107 -- 252), while not requiring or prohibiting the use of any specific kind of voting system, does promote the use of DREs through some of...
The relationship of military readiness activities of the Department of Defense (DOD) to the Migratory Bird Treaty Act (MBTA) and to the Endangered Species Act (ESA) was the subject of legislative proposals in the 107th Congress and again in the 108th. P.L. 107-314 was silent as to ESA issues, but does contain MBTA provisions. Section 315 of that act directs that regulations be developed to exempt the Armed Forces from MBTA penalties for the incidental taking of migratory birds during military readiness activities. Until such regulations are finalized, Section 315 provides that the...
Charitable Choice, Faith-Based Initiatives, and TANF
This report is one in the series of reports that discusses the Charitable Choice Act of 2001 (Title II of the House bill) and its rules, as well as the charitable choice laws, and other areas of this program.
Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113
This report discusses S. 113, a bill to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-U.S. persons who engage in international terrorism or activities in preparation for terrorist acts, without a showing of membership in or affiliation with an international terrorist group.
Participants in a CRS seminar on the possible lessons to be learned from other countries' experiences in dealing with terrorism, generally agreed on three things. First, terrorism is a used by a wide variety of groups for a wide variety of ends. Second, the current threat that the United States faces from Islamist terrorism is most likely long-term. And third, policymakers must think through anti-terrorist actions in order to avoid consequences that may be worse than the original problem. Much of the seminar discussion focused on matters that two and a half years later became the subject...
On January 7, 2003, the House created a Select Committee on Homeland Security with legislative and oversight jurisdiction over the Department of Homeland Security. The Select Committee is also charged with reviewing the rules of the House, including Rule X, as they relate to homeland security, and to report to the Committee on Rules any recommendations by September 30, 2004. The 9/11 Commission has recommended that Congress create a "permanent standing committee" in each chamber to serve as a "single, principal point of oversight and review for homeland security." This report poses a...
Child Nutrition and WIC Programs: Background and Funding
Federally supported child nutrition programs and related activities — including school meal programs and the Special Supplemental Nutrition Program for Women, Infants, and Children (the WIC program) — reach over 37 million children and almost 2 million lower-income pregnant/postpartum women. In FY2004, anticipated spending on these programs is $16.6 billion, and the FY2004 appropriations law (P.L. 108-199) supports this spending level (although with new appropriations of a lesser amount, some $16 billion). The Administration’s FY2005 revised budget request envisions spending a total of...
Individuals with Disabilities Education Act (IDEA): Discipline Provisions in P.L. 105-17
The 1997 Amendments to the Individuals with Disabilities Education Act are the most comprehensive and significant changes made since its original enactment. Several of the most important changes were made regarding the discipline of children with disabilities. Congress attempted to strike “a careful balance between the LEA’s (local educational agency’s) duty to ensure that school environments are safe and conducive to learning for all children, including children with disabilities, and the LEA’s obligation to ensure that children with disabilities receive a free appropriate public...
China and the World Trade Organization
After many years of difficult negotiations, China, on December 11, 2001, become a member of the World Trade Organization (WTO), the international agency that administers multilateral trade rules. Under the terms of its WTO membership, China agreed to significantly liberalize its trade and investment regimes. A main concern for Congress is to ensure that China fully complies with its WTO commitments. According to U.S. government officials and many business representatives, China's WTO compliance record has been mixed.. This report will be updated as events warrant.
Federal Land Management Agencies: Background on Land and Resources Management
This report provides an overview of how federal lands and resources are managed, the agencies that manage the lands, the authorities under which these lands are managed, and some of the issues associated with federal land management. The report is divided into nine sections.
Athens Olympics 2004: U.S. Government Involvement in Security Preparations
The Athens Olympics 2004 are the first Summer Games to be held since the terrorist attacks of September 11, 2001. The Salt Lake City Winter Olympics were held in February 2002, but the Winter Games involve far fewer people than the Summer Games. For example, 2,399 athletes competed in 2002; 10,500 athletes are expected to compete at the Athens Games, August 13-29, 2004. The Greek government expects 2 million visitors, 21,500 journalists, 5,500 team officials, and 8,000 members of the Olympic family. To help safeguard the Olympics, Greece reportedly has spent $1.2 billion on security, and...
Vision 100: Historical Review of the Century of Aviation Reauthorization Act (P.L. 108-176)
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (FAIR21 or AIR21; P.L. 106-181 ), which provided authorization for the Federal Aviation Administration (FAA) and related aviation programs, expired at the end of FY2003. Congressional debate on a new reauthorization bill took place during the 1st Session of the 108th Congress leading, finally, to a new reauthorization that extends FAA programs through FY2007.
A number of issues were considered during the reauthorization debate. The condition of the airline industry, while not directly addressed in the bills...
Water Infrastructure Financing Legislation: Comparison of S. 2550 and H.R. 1560
This report provides a side-by-side comparison of two major bills in the 108th Congress concerning water infrastructure project financing. It compares provisions of S. 2550 , the Water Infrastructure Financing Act, which would amend the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA), and H.R. 1560 , the Water Quality Financing Act of 2003, which would amend only the CWA. H.R. 1560 was approved by a House Transportation and Infrastructure subcommittee on July 17, 2003; S. 2550 was approved by the Senate Environment and Public Works Committee on June 23, 2004. The CWA and...
The United States Supreme Court created the now well-known Miranda warnings to preserve the right against self-incrimination provided by the Fifth Amendment of the Constitution and the right to counsel provided by the Sixth Amendment. These warnings provide that prior to questioning, individuals suspected of a crime must be informed of their right to remain silent, that anything they say may be used against them in court, that they have the right to an attorney, and if they cannot afford one, that a lawyer will be appointed to represent them. Miranda v. Arizona , 384 U.S. 425 (1966)....
Africa: Development Issues and Policy Options
Sub-Saharan Africa has been a focus for U.S. development assistance for decades. Many believe that U.S. interests in the region are increasing, partly because of its oil resources and the international terrorist threat. However, at the beginning of the twenty-first century, Africa faces grave challenges that potentially threaten long-term stability, including the world's most serious HIV/AIDS pandemic, widespread rural poverty, and high levels of urban unemployment. In constant dollar terms, incomes in Africa are only about $100 higher than in 1960. Recently, gross domestic product (GDP)...
Administrations have periodically asked Congress to give the Department of Defense flexibility in allocating funds to cover the costs of military operations. Most recently, on May 12, 2004, the White House requested $25 billion as a “contingent emergency reserve fund” for FY2005 to cover the costs of operations in Iraq and Afghanistan for part of the fiscal year. If enacted in its current form, DOD could transfer funds, in any amounts, to individual accounts as long as the Office of Management and Budget agreed and Congress received a five-day advance notification. The issue for...
Iraq: Transition to Sovereignty
Amid ongoing insurgency, the United States handed sovereignty to an Iraqi interim government on June 28. The Bush Administration maintains that the handover was a success and will begin a transition to democracy and stability. Critics assert that the handover does not appear to have diminished the anti-U.S. insurgency, threatening the transition roadmap developed by the United States and United Nations. Legal issues may arise regarding the validity of laws issued during the occupation, as well as the status of U.S. troops in Iraq. See CRS Report RL31339 , Iraq: U.S. Regime Change Efforts...
Below-Cost Timber Sales: An Overview
The USDA Forest Service (FS) sells some timber at prices that are less than the agency expenses to administer the timber program. These below-cost timber sales have been debated by Congress sporadically for more than two decades, but no policy to address the issue has been adopted legislatively or administratively. Part of the debate over below-cost timber sales has been about their relative frequency. At the direction of Congress, the FS developed a system for reporting the financial and economic results of timber sales. Data were reported annually for each national forest, beginning...
Repealing Miranda?: Background of the Controversy over Pretrial Interrogation and Self-Incrimination
Although an involuntary confession has been inadmissible in federal cases since the nineteenth century, the Supreme Court did not denounce physically coercive abuses in State cases until its decision in Brown v. Mississippi . The Brown case established the basis for the Fourteenth Amendment "voluntariness" standard as the due process test for assessing the admissibility of confessions in State cases. Under this standard, the admissibility of a confession was evaluated on a case by case basis which would be governed by the "totality of the circumstances," which included the facts of the...
Confrontation Clause Reshaped: Crawford v. Washington
In Crawford v. Washington , 124 S.Ct. 1354 (2004), the United States Supreme Court held that to admit hearsay testimonial evidence in criminal prosecutions the Sixth Amendment, the Confrontation Clause, requires that (1) the witness be unavailable and (2) the accused had a prior opportunity to cross-examine the witness. This decision overruled Ohio v. Roberts , 448 U.S. 56 (1980), where the Supreme Court had advanced a test requiring only that the statement from unavailable witnesses fall within a "firmly rooted hearsay exception" or bore "particularized guarantees of...
The 2003 Tax Cut: Proposals and Issues
This report provides a brief description of each tax cut proposal, including major proposals offered by the Democrats in both the House and the Senate during 2003. It discusses the distributional affects of the proposals and potential effects on short and long term economic growth.
Executive Branch Power to Postpone Elections
Because of the continuing threat of terrorism, concerns have been raised about the potential for terrorist events to occur close to or during the voting process for the November 2004 elections. For instance, the question has been raised as to whether a sufficiently calamitous event could result in the postponement of the election, and what mechanisms are in place to deal with such an event. This report focuses on who has the constitutional authority to postpone elections, to whom such power could be delegated, and what legal limitations exist to such a postponement. Traditionally, all...
Child Support Enforcement: New Reforms and Potential Issues
P.L. 104-193 (the 1996 welfare reform law) made major changes to the Child Support Enforcement (CSE) program. Some of the changes include requiring states to increase the percentage of fathers identified, establishing an integrated, automated network linking all states to information about the location and assets of parents, and requiring states to implement more enforcement techniques to obtain collections from debtor parents. Additional legislative changes were made in 1997, 1998, and 1999, but not in 2000, 2001, 2002, or 2003. This report describes several aspects of the revised CSE...
The Advancing Justice Through DNA Technology Act of 2003 (H.R. 3214): A Section-by-Section Analysis
The Federal Bureau of Investigation (FBI) maintains an automated information processing system, the Combined DNA Index (CODIS), of DNA profiles of certain convicted criminals and DNA analyses of samples recovered from crime scenes, from unidentified human remains and from missing persons. The National DNA Indexing System (NDIS), one of the three indexes that make up the CODIS, enables participating laboratories to exchange and compare state and federal DNA profiles. State legislation has increased the number of qualifying offenses for which convicted offenders must submit DNA samples, such...
Supreme Court Opinions: October 2003 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 2003 Term through the end of the Term on June 29, 2004. Included in this listing are all cases decided by signed opinion and selected cases decided per curiam . In addition to the summary, the date of decision is indicated, and cites to United States Law Week and West's Supreme Court Reporter are provided. Following each synopsis the vote on the Court's holding is indicated in bold typeface, and authors of the Court's opinion and of any concurring and dissenting opinions, along with the...
According to the Office of Management and Budget (OMB), federal agency funding for homeland security research and development (R&D) was requested at $3.6 billion for FY2005, a 5.4% increase over the enacted FY2004 level, and about 63% more than enacted for FY2003, and about double the resources used in FY2002. The Department of Homeland Security's (DHS) R&D programs constitute about one-third of total federal homeland security R&D funding. Other agencies which have substantial homeland security R&D budgets, listed in descending funding order, include the National Institutes of Health, the...
FY2005 Defense Budget: Frequently Asked Questions
This report is designed to provide facts and figures about the United States defense budget in order to help answer frequently asked questions about defense spending. The answers to these questions are based on analysis of recent and historical trends in the defense budget up to and including the fiscal year (FY) 2005 budget request. Using figures taken primarily from the White House Office of Management and Budget's (OMB's) Budget of the United States Government, Fiscal Year 2005: Historical Tables (February 2004), this report answers frequently asked questions that fall within four...
The Supreme Court's decisions in Rasul, Hamdi, and Padilla affirm the President's power to detain enemy combatants as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001, but approved a more limited scope of that authority than the President had asserted, and clarified that detainees have due process rights under the Constitution. For more, see CRS Report RL31367 , Treatment of 'Battlefield Detainees' in the War on Terrorism , and CRS Report RL31724 , Detention of American Citizens as Enemy Combatants .
India's 2004 National Elections
U.S. relations with India depend largely on India's political leadership. India's 2004 national elections ended governance by the center-right coalition headed by Prime Minister Atal Bihari Vajpayee and brought in a new center-left coalition led by Prime Minister Manmohan Singh. Following the upset victory for the historically-dominant Indian National Congress Party led by Sonia Gandhi, Gandhi declined the post of Prime Minister in the new left-leaning United Progressive Alliance (UPA) coalition government, instead nominating her party lieutenant, Oxford-educated economist Manmohan Singh,...
Greece: Threat of Terrorism and Security at the Olympics
The summer 2004 Olympic Games will take place in Athens, Greece. The Greek government is planning unprecedented security measures to deal with possible terrorist threats. Athens is preparing mainly for external threats, although anarchists and anti-globalization groups may be disruptive as well. The Greek Ministry of Public Order is in charge of security and Greece requested assistance from NATO and others, including the United States. The U.S. Administration is taking its own steps to protect the U.S. Olympic team. This report will be updated if developments warrant. See also CRS Report...
This report briefly discusses the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities by places of public accommodation. This report specifically discusses a common question of whether or not the ADA requires medical doctors and hospitals to provide an interpreter when they have a patient with a hearing disability.
Anti-Corruption Standards of the International Financial Institutions
The international financial institutions (IFIs) all have procedures to prevent, identify, and punish corruption within their organizations. The World Bank appears to have the most extensive and detailed process for addressing corruption issues, but the other multilateral development banks (MDBs) have or are establishing similar procedures. The International Monetary Fund (IMF) does not make loans for specific projects; all its loans go directly to the central bank or finance ministry of the borrower country. Nevertheless, it also has procedures for preventing, investigating, and punishing...
The Legal Services Corporation: Distribution of Funding
The Legal Services Corporation (LSC) is a private nonprofit, federally funded corporation that helps provide legal assistance to low-income people in civil matters. The primary responsibility of the LSC is to manage and oversee the congressionally-appropriated federal funds that it distributes in the form of grants to local legal services providers that in turn provide civil legal assistance to low-income clients in the United States, the District of Columbia, and five U.S. territories. Since April 1996 (pursuant to P.L. 104-134 ), LSC grantees (i.e., local legal...
Wisconsin Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Wisconsin.
U.S. Virgin Islands Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the U.S. Virgin Islands.
The NATO Summit at Istanbul, 2004
The NATO allies discussed such issues as Iraq, Afghanistan, and the Balkans at their summit in June 2004. Improved capabilities were a theme touching on a range of issues. The summit occurred at a moment when there is discontent in the alliance over the Bush Administration's handling of Iraq. This report may be updated. See also CRS Report RL32342 , NATO and the European Union , by Kristin Archick and Paul Gallis.
Federal Workforce Flexibility Act of 2003: S. 129 (108th Congress)
As in the previous Congress, management of the federal workforce continues to be an issue of interest to the Senate and the House of Representatives in the 108th Congress. S. 129 , the Federal Workforce Flexibility Act of 2003, passed the Senate with an amendment by unanimous consent on April 8, 2004. In the House, the Subcommittee on Civil Service and Agency Organization forwarded S. 129 to the House Committee on Government Reform on May 18, 2004, after amending it by voice vote. On June 24, 2004, the House committee ordered the bill to be reported to the House of Representatives, after...
A bill related to the management of the federal workforce is being considered by the 108th Congress. S. 129 , the Federal Workforce Flexibility Act of 2003, passed the Senate with an amendment by unanimous consent on April 8, 2004. In the House, the Subcommittee on Civil Service and Agency Organization forwarded S. 129 to the House Committee on Government Reform on May 18, 2004, after amending it by voice vote. On June 24, 2004, the House committee ordered the bill to be reported to the House of Representatives, after amending it, by voice vote. The bill was introduced by Senator George...
Serbia: 2004 Presidential Elections
Serbia, the larger republic within the Serbia and Montenegro union, held presidential elections on June 13 and 27, 2004. While the actual powers of the republican presidency are not very extensive, the election outcome was expected to signal the political direction of Serbia and its prospects for closer relations with the international community. In the first round of voting, Tomislav Nikolic, leader of the extremist Serbian Radical Party, and Boris Tadic, candidate of the opposition Democratic Party, came in first and second place in front of 13 other candidates. In the second round,...
Welfare Recipients and Workforce Laws
Work requirements of the 1996 welfare law ( P.L. 104-193 ) and discussions about reauthorization of the program of Temporary Assistance for Needy Families (TANF) have raised questions about the application of basic labor and employment tax laws to TANF recipients. The most controversial issue has been the status of persons assigned to "workfare" programs, in which recipients work in exchange for their TANF benefits. The U.S. District Court for the Northern District of New York held on March 1, 2004, that participants in the Work Experience Program (WEP) are "employees"entitled to wage and...
Federal Homeland Security Research and Development Funding: Issues of Data Quality
Section 889 of the Homeland Security Act, P.L. 107-296 , requires the Office of Management and Budget (OMB) to report homeland security budget data annually to Congress and to consult with Congress to identify homeland security activities for this purpose. Accurate information is needed in order to set and coordinate priorities and policy for federal homeland security research and development (R&D). P.L. 107-296 gave the Department of Homeland Security (DHS) Secretary, acting through the Under Secretary for Science and Technology, coordination responsibilities to ensure that federal...
Military Helicopter Modernization: Background and Issues for Congress
Recent military operations, particularly those in Afghanistan and Iraq, have brought to the fore a number of outstanding questions concerning helicopters in the U.S. armed forces, including deployability, safety, survivability, affordability, and operational effectiveness. These concerns are especially relevant, and made more complicated, in an age of "military transformation," the "global war on terrorism," and increasing pressure to rein in funding for the military, all of which provide contradictory pressures with regard to DOD's large, and often complicated, military...
Cotton Production and Support in the United States
While cotton, along with other major crops, has been subsidized by the U.S. federal government since the 1930s, cotton subsidies are now in the focus of an international spotlight. The nature and extent of these subsidies have become a roadblock in negotiating multilateral and bilateral trade agreements. Sharp criticism came from the West and Central African countries during various Doha Round meetings. Also, efforts to create a Free Trade Area of the Americas (FAA) foundered at least partially over U.S. cotton subsidies. Now, Congress is watching to see if the United States will...
Rhode Island Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Rhode Island.
Congress’s Power Under the Commerce Clause: The Impact of Recent Court Decisions
This report will first review the current Supreme Court case law with respect to the Commerce Clause. Second, it will examine the analysis used and the results of the three lower court opinions. Finally, two areas of tension that appear to exist within the Court’s jurisprudence, and the potential implications that resolution of these conflicts may have on congressional power under the Commerce Clause will be examined.
This report, which will be updated as necessary, presents a means of assessing the relative threat from terrorist-use of individual chemical, biological, and toxin agents. It focuses on small-scale, targeted chemical and biological attacks, rather than mass-casualty attacks. The framework considers the elements of access, public health impact, medical treatment, prophylaxis, and dissemination. Other factors that may affect potential use by terrorists include the range of lethality, covert employment of an agent, and the availability of dual-use technologies. The results of this framework...
Ranking Agricultural Commodities by Farm Payments and Federal Food Aid Purchases
The federal government affects the supply and demand of various agricultural goods through farm income support and food donation programs. The U.S. Department of Agriculture (USDA) provides payments to farmers and landowners for producing certain program commodities. Ranking commodities by the level of support depends on the criteria and time period. Over FY2003-FY2005, USDA expects to spend about $11 billion annually on farm payments. In total outlays, feed grains receive the most support (29% of the total), followed by wheat, dairy, and cotton (15%-18% each). However, using different...
Clarett v. National Football League and the Nonstatutory Labor Exemption in Antitrust Suits
On May 24, 2004, the United States Court of Appeals for the Second Circuit delivered its opinion in Clarett v. National Football League . In that case, a former college running back challenged on antitrust grounds the NFL's so-called "three-year rule," which prohibits players from entering the NFL Draft unless they are three years removed from high school. The Second Circuit ruled that the three-year rule is protected from antitrust challenges by the nonstatutory labor exemption, which shields the collective bargaining process from antitrust scrutiny in deference to federal labor laws....
Highway and Transit Program Reauthorization: An Analysis of Environmental Protection Issues
Balancing public needs for surface transportation infrastructure with protecting the environment has been a long-standing issue among states and local communities. These two objectives can often conflict due to the rise in pollution that typically results when new highways or roadways are constructed, or a highway is expanded, to provide greater traffic capacity. Expanding highway capacity can be especially challenging for states, if the resulting rise in pollution would be great enough to make compliance with federal air quality standards more difficult. In order to receive federal...
In American Insurance Association v. Garamendi, the United States Supreme Court struck down California's Holocaust Victim Insurance Relief Act (HVIRA), finding that it impermissibly interfered with the President's conduct of foreign affairs. The challenged statute required insurance companies wishing to do business in California to disclose specified information concerning their policy-writing activities in Europe during the Holocaust era, and those of their related, European insurance companies; it was enacted by the state, one of many state statutes enacted to expedite the handling of...
On June 14, 2004 the Supreme Court resolved a conflict among the federal circuits concerning the defenses, if any, that may be available to an employer against an employee's claim that she was forced to resign because of "intolerable" sexual harassment at the hands of a supervisor. An employer may generally assert an affirmative defense to supervisory harassment under the Court's 1998 rulings in Farager v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth . The defense is not available, however, if the harassment includes a "tangible employment action," such as discharge or...
Assistance to Afghan and Iraqi Women: Issues for Congress
This report reviews the U.S.-sponsored funding and programs directed toward women and children in Afghanistan and Iraq. The national and international response to the plight of Afghan and Iraqi women, even to their most recent experience under the Taliban in Afghanistan or Baathist regime in Iraq, will impact their future role and the long-term developments in each country, such as the implementation of a new constitution, the incorporation of women in local and national governance, the role of Islam and the state, the growth of the economy, the curbing of security concerns, and the role...
South Carolina Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of South Carolina.
South Dakota Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of South Dakota.
Historically, opportunities for public participation in the management of the federal lands managed by the Forest Service (FS) and the Bureau of Land Management (BLM) increased over the years as the statutes and regulations governing the lands were modernized, and the remaining federal lands became increasingly important to the public. Public participation in the management of FS and BLM lands derives primarily from four sources: (1) the relevant management laws, regulations, and agency guidance -- especially as to planning procedures; (2) the National Environmental Policy...
This report discusses the crisis in Darfur, which began in February 2003, when two rebel groups emerged to challenge the National Islamic Front (NIF) government in DarfurThe report describes the mechanisms used to cleanse the area of non-Arabs by “total disengagement of administration and suspension of all government services.”
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an education for children with disabilities if they provided an education for...
The U.S.-Singapore Free Trade Agreement
On September 4, 2003, President Bush signed the U.S.-Singapore Free Trade Agreement ( P.L. 108-78 ) into law in a White House ceremony. The agreement went into effect on January 1, 2004. In late July 2003, the United States-Singapore Free Trade Agreement Implementation Act had passed the House by a vote of 272-155 and the Senate by a vote of 66-32. The Free Trade Agreement (FTA) will, with a phase-in period, eliminate tariffs on all goods traded between them, cover trade in services, and protect intellectual property rights. In July 2003, the House Ways and Means Committee, Senate Finance...
Charitable Choice Provisions of H.R. 7
H.R. 7 , the Community Solutions Act, on July 19, 2001, won House passage by a vote of 233-198. The bill includes basic elements of President Bush’s faith-based initiatives: tax incentives for private giving -- scaled back from original proposals (Title I) -- and expansion of charitable choice (Title II). (Title III deals with individual development accounts.) H.R. 7 would apply to 9 new program areas “charitable choice” rules, which forbid discrimination on grounds of religion against faith-based organizations as providers of specified federally funded services. It includes provisions...
Appropriations for FY2004: Interior and Related Agencies
The Interior and related agencies appropriations bill includes funds for the Department of the Interior (DOI), except for the Bureau of Reclamation, and for some agencies or programs within three other departments -- Agriculture, Energy, and Health and Human Services. It also funds numerous smaller related agencies. President Bush's FY2004 budget for Interior and related agencies totaled $19.89 billion, $220.5 million (1%) less than enacted for FY2003 ($20.11 billion). On July 17, 2003, the House passed H.R. 2691 (268-152) containing a total of $19.60 billion for Interior and...
Sensitive Security Information and Transportation Security: Issues and Congressional Options
As a result of the terrorist attacks of September 11, 2001, Congress passed legislation creating the Transportation Security Administration (TSA). The agency was charged with making improvements to the country's transportation security systems and protecting against future terrorist attacks. TSA was also given the authority to establish regulations for protecting certain information from public disclosure. These regulations govern sensitive security information, or SSI. The SSI regulations prohibit TSA officials and employees having a "need to know" status from disclosing transportation...
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys’ fees. Congress is presently considering reauthorizing IDEA. H.R. 1350 , 108th Congress, passed the House on April 30, 2003, by a vote of 251 to 171. On May 13, 2004, the Senate incorporated S. 1248 in H.R. 1350...
Consolidation Loans: Redesign Options and Considerations
This report provides background information on Federal Family Education Loan (FFEL) program consolidation loans and discusses options for redesigning consolidation loans. Specifically, it provides background information on the FFEL program and on the role consolidation loans play within the program. It also examines recent concerns voiced over the cost of consolidation loans, and discusses the types of consolidation loan redesign options that are receiving some consideration within the context of the reauthorization of the Higher Education Act (HEA). In brief, the report finds the...
Iraq Agriculture and Food Supply: Background and Issues
Iraq's agricultural sector represents a small but vital component of Iraq's economy. Over the past several decades agriculture's role in the economy has been heavily influenced by Iraq's involvement in military conflicts, particularly the 1980-88 Iran-Iraq War, the 1991 Gulf War, and the 2003 Iraq War, and by varying degrees of government effort to promote and/or control agricultural production. Rapid population growth coupled with limited arable land and a general stagnation in agricultural productivity has steadily increased dependence on imports to meet domestic food needs since the...
Government Performance and Results Act: Brief History and Implementation Activities
This report discusses implementation of the Government Performance and Results Act (GPRA), P.L. 103-62 (107 Stat. 285). General Accounting Office reports, congressional reviews, and Office of Management and Budget documents indicate that while agencies are making progress in implementing the law, they encounter difficulties when trying to use results-oriented goals, measures, and data. Interest is growing in using results-oriented information in authorizations, oversight, and funding decisions. The Bush Administration identifies budget and performance integration as one of five...
Federal and Non-Federal Support of University Based Research
The most recent data of the National Science Foundation shows total national R&D expenditures for university based research reached $36.333 billion in 2002. Between 1971 and 2002 university self financing of research increased at an average annual rate of 5.9%, compared to an average annual rate of 3.6% for the federal government. The academic community and some Members of Congress are concerned that rising federal deficits will constrain the growth of future academic research expenditures. According to the Chronicle of Higher Education , in FY2003, congressionally directed (earmarked)...
Tennessee Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Tennessee.
Utah Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Utah.
Virginia Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Virginia.
This report discusses Nevada Department of Human Resources v. Hibbs , a recent case in which the Supreme Court held that states may be sued by private individuals under the Family and Medical Leave Act (FMLA). This report provides an overview of the Supreme Court's decision, coupled with a discussion of its significance for state immunity from private lawsuits under other federal statutes.
A Currency Board as an Alternative to a Central Bank
The Foreign Operations Act ( P.L. 102-391 ) signed on October 6, 1992 allows the U.S. quota, or contribution, increase to the IMF of $12 billion to be used to "...support monetary stability in member countries through the instrumentality of currency boards." What is a currency board? How does it differ from an alternative monetary arrangement such as a central bank? Why was it adopted by countries with histories of chronic inflation (e.g., Argentina) and those emerging from the Soviet bloc (e.g., Bulgaria), and urged upon those suddenly hit by currency speculation (e.g., Indonesia)? What...
Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial
The recent reports of abuse of prisoners held by U.S. military personnel have raised questions about how the armed forces control servicemembers. Congress, under the authorities vested in it by the U.S. Constitution, has enacted procedures for addressing misconduct by servicemembers. One such procedure is an administrative separation under which a member's continued suitability for service is determined. Administrative separations are non-punitive and can be initiated for a number of reasons, including misconduct or criminal offenses. They may be used in place of or after the servicemember...
Five of the nation’s top agricultural production states -- Iowa, Illinois, Minnesota, Missouri, and Wisconsin -- have traditionally relied on the Upper Mississippi River-Illinois Waterway (UMR-IWW) navigation system as their principal conduit for export-bound agricultural products -- mostly bulk corn and soybeans. The low-cost, high-volume capability of barge transportation has long provided an important competitive advantage for U.S. agricultural products in international markets. Agricultural barge freight on the UMR-IWW grew rapidly for several decades in the post-WWII era, but has...
Overview of Management and Restoration Activities in the Salton Sea
The Salton Basin in southern California has supported many lakes and water bodies throughout its geological history. The most recent inland water body in the Basin is the Salton Sea, which was created from a levee break in 1905. The Salton Sea is the largest inland water body in California. In the past several decades the salinity of the Sea has been increasing, and is now considered a significant threat to the health of the current Salton Sea ecosystem. Ecosystem changes in the Sea were exemplified by several large die-offs of fish and birds that inhabit the Sea. Some of these events...
Administrative Office of the U.S. Courts: History, Operations, and Current Issues
The Administrative Office of the United States Courts (AO) is the principal administrative agency of the judicial branch. Originally created by Congress to improve the supervision of the federal courts and to give the federal judicial branch greater managerial independence from the executive branch, the AO is charged with a number of important tasks. Since the September 11, 2001, terrorist attacks, a principal area of concern for the AO has been courthouse security and emergency preparedness. In addition, the AO is currently decentralizing its budget process and improving the judicial...
The Former Soviet Union and U.S. Foreign Assistance in 1992: The Role of Congress
In 1992, Congress played a vital and creative role in what many considered to be the year's most important foreign policy issue -- the question of U.S. assistance to Russia and the other new republics of the former Soviet Union. It approved a series of bills, most prominent of which was the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992. The Freedom Support Act authorized U.S. foreign assistance to the new states and established the policy framework that laid out the criteria for assistance as well as the types of programs and projects to be...
General Management Laws: A Compendium
This report (hereafter "compendium") is a companion to CRS Report RL32388(pdf) , General Management Laws: Major Themes and Management Policy Options . In combination, these reports have three main objectives: (1) to identify and describe the major management laws under which the executive branch of the federal government is required to operate, including their rationale, design, and scope; (2) to assist Members of Congress and their staff in oversight of executive branch management; and (3) to help Congress when considering potential changes to the management laws themselves, as well as...
The Balanced Budget Act of 1997 (BBA 97; P.L. 105-33 ) established the State Children’s Health Insurance Program (SCHIP) under a new Title XXI of the Social Security Act. In general, SCHIP provides states with federal matching funds to cover uninsured children in families with income that is above Medicaid eligibility levels. To date, the upper income eligibility limit under SCHIP has reached 350% of the federal poverty level or FPL (in one state).
States may choose among three options when designing their SCHIP programs. They may expand Medicaid, create a new “separate state”...
General Management Laws: Major Themes and Management Policy Options
This report is a companion to CRS Report RL30795, General Management Laws: A Compendium (hereafter “compendium”). In combination, these reports have three main objectives: (1) to identify and describe the major management laws under which the executive branch is required to operate, including their rationale, design, and scope; (2) to assist Members of Congress and their staff in oversight of executive branch management; and (3) to help Congress when considering potential changes to the management laws, as well as other legislation, including authorization statutes and appropriations.
This...
On March 31, 2004, the International Court of Justice (ICJ) ruled in the case of Avena and Other Mexican Nationals that the United States had failed to comply with its obligations owed to Mexico and its foreign nationals under the Vienna Convention on Consular Relations. It further instructed the United States to review and reconsider the convictions and sentences of foreign nationals denied requisite consular information owed under Convention Article 36, and held that U.S. state or federal procedural default rules should not prevent relief from Article 36 violations. The Vienna...
A provision in the Aviation and Transportation Security Act (ATSA, P.L. 107-71 Section 108; 115 Stat. 611) permits each airport where federal screeners are currently deployed to request private screeners instead of federal screeners starting in November 2004. A pilot program created by the act was established at five airports to examine the advantages and disadvantages of private airport screening. Concerns have been raised, however, that the pilot program may provide too small a sample and, as currently implemented, is too similar in design to the federal screening function to make a...
Estate Tax Legislation in the 108th Congress
Under provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16, enacted June 7, 2001), the estate tax and generation-skipping transfer tax are scheduled to be repealed in 2010 but reinstated in 2011. This is because all tax cut provisions of EGTRRA are scheduled to sunset on December 31, 2010. This report tracks actions in the 108th Congress to permanently repeal — or retain but alter — the estate tax.
Adequacy of the Army's FY2004 Funding for Operations in Iraq
With the upsurge in violence in Iraq in recent months, Members of Congress and others have voiced concerns about whether the $37.3 billion received by the Army in the fiscal year 2004 Emergency Supplemental ( P.L.108-106 ) will be sufficient to fund operations for the remainder of the fiscal year or whether a second supplemental is needed before the end of the fiscal year. In recent testimony before the House Armed Services Committee, Chairman of the Joint Chiefs of Staff Richard Myers suggested that the Army is facing a shortfall of $4 billion for FY2004 and stated that the Department of...
On April 30, 2003 and May 15, 2003, the United States signed agreements with two Freely Associated States (FAS), the Republic of the Marshall Islands (RMI) and the Federated States of Micronesia (FSM), to amend provisions of the Compact of Free Association. The Compact of Free Association, along with the Compact of Free Association Act of 1985 ( P.L. 99-239 ), has governed the political, economic, and military relationships between the United States and the FAS since 1986. The Compact, as amended, provides for continued U.S. financial and program assistance to the RMI and FSM and...
The capture and subsequent release of five Japanese civilians in two different hostage-taking situations by Islamic terrorist groups in Iraq in April 2004 underscored the high stakes for both the Japanese government of Prime Minister Junichiro Koizumi and for the U.S.-led coalition. Except for the small Communist and Socialist parties, Japanese political leaders across the board supported Koizumi's adamant stance against responding to the hostage-takers' demands that Japan withdraw its contingent of some 550 troops that were deployed to Samawah, in southern Iraq, in early 2004. While this...
Insurance Regulation: International Developments
Events and entities outside the United States are affecting or may affect the competitive position of U.S. insurers, in two ways. First, supranational organizations are developing international standards for insurance accounting and for aspects of supervision, such as reinsurance supervision. Second, U.S. insurers are operating under a much more fragmented regulatory regime than their competitors in other countries, such as the U.K., that are consolidating and modernizing their supervision. International standards and regulatory competition are important parameters on the U.S....
Insurance Regulation After the Gramm-Leach-Bliley Act
Congress passed the Gramm-Leach-Bliley Act in 1999, anticipating wholesale integration in financial services. Since then, markets have not really integrated, and regulatory silos -- with few exceptions -- remain intact. Congress is now exploring federal standards for some aspects of state regulation of insurance. This report was written under the supervision of Barbara Miles, Government and Finance Division, and will be updated as events warrant.
Immigration: Diversity Visa Lottery
The diversity visa lottery offers an opportunity for immigration to nationals of countries that do not have high levels of immigration. Aliens from eligible countries had until noon on December 30, 2003 to submit their applications for the FY2005 diversity visa lottery. Aliens who are selected through the lottery, if they are otherwise admissible under the Immigration and Nationality Act (INA), may become legal permanent residents of the United States. Participation in the diversity visa lottery is limited annually to 55,000 aliens from countries that are under-represented among...
State Policies on Immigrant Eligibility for Temporary Assistance for Needy Families (TANF)
The eligibility of immigrants for major public assistance programs is an ongoing issue in Congress. Prior to 1996, immigrants, i.e., legal permanent residents (LPRs), were eligible for federal public assistance under terms comparable to citizens, and states were not permitted to restrict access to federal programs on the basis of immigration status. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( P.L. 104-193 ) -- the original law authorizing the Temporary Assistance for Needy Families (TANF) program -- dramatically changed noncitizen eligibility for public...
Transportation Conformity Under the Clean Air Act: In Need of Reform?
Under the Clean Air Act, areas that have not attained one or more of the six National Ambient Air Quality Standards (currently more than 100 areas with a combined population of at least 159 million) must develop State Implementation Plans (SIPs) demonstrating how they will attain the standards and, once they have attained them, how they will maintain air quality. The Act requires that, in these areas, federal agencies not engage in, approve, permit, or provide financial support for activities that do not "conform" to the area's SIP. Although a wide range of federal funding and programs...
Federal White-Collar Pay: FY2004 Salary Adjustments
Federal white-collar employees are to receive an annual pay adjustment and a locality-based comparability payment, effective in January of each year, under Section 529 of P.L. 101-509 , the Federal Employees Pay Comparability Act (FEPCA) of 1990. In January 2004, they received a 1.5% annual pay adjustment and a 0.5% locality-based comparability payment under Executive Order 13322, issued by President George W. Bush on December 30, 2003. P.L. 108-199 , enacted on January 23, 2004, provides a 4.1% pay adjustment for 2004. Under the law, an additional 2.1% pay adjustment, allocated as an...
Tribal Sovereignty Over Nonmember Indians: United States v. Billy Jo Lara
On April 19, 2004, the Supreme Court handed down its decision in United States v. Billy Jo Lara allowing Indian tribes and the federal government to each prosecute nonmember defendants for the same on-reservation crime without violating the Double Jeopardy Clause. This case presented interesting questions of Indian tribal sovereignty and how Indian tribes fit into the American Constitutional structure of government. The case centered around a tribe's authority to prosecute nonmember Indians for crimes committed on that tribe's reservation. Billy Jo Lara, an Indian, was arrested by...
Military Base Closures: DOD's 2005 Internal Selection Process
The Department of Defense (DOD) is going through a process which will result in recommended actions for base realignment and closure (BRAC) in the United States. DOD is now preparing a list of BRAC actions designed to change the uses of its installations to conform to the current and future needs of its military forces. This list, after approval by the President, must be presented to Congress no later than November 2005. Congress can halt the execution of these actions by then enacting a joint resolution of disapproval within 45 days or before the adjournment sine die of the...
About 18% of all U.S. adolescents received mental health treatment in 2000. Almost $7 billion was spent for such services for teens in 1998. While many youth have used alcohol or other illicit drugs, less than 2% received treatment for substance use in 2000. In 1997, costs for such care for children under 18 totaled $604 million.
In this report, the availability of selected mental health and substance abuse services under Medicaid and SCHIP for low and moderate income children is explored. Under SCHIP, states may provide coverage by expanding Medicaid or creating a separate SCHIP...
The Servicemembers Civil Relief Act (P.L. 108-189)
Recognizing the special burdens that members of the military may encounter in trying to meet their financial obligations while serving their country, Congress passed the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA). This law has been amended from time to time, ordinarily in response to military operations that require the activation of the Reserves. P.L. 108-189 , the "Servicemembers Civil Relief Act (SCRA)," was enacted on December 19, 2003 and overhauls the SSCRA. This report summarizes the rights granted to persons serving on active duty in the U.S. Armed Forces under the...
Medicare Advantage: What Does It Mean For Private Plans Currently Serving Medicare Beneficiaries?
The Medicare Prescription Drug, Improvement and Modernization Act of 2003 ( P.L. 108-173 ) added a voluntary prescription drug benefit to Medicare and established the Medicare Advantage program to replace the Medicare+Choice program. The act increases payments to private plans beginning in March 2004, creates a new competitive program in 2006, adds a regional program also in 2006, and creates a temporary program that requires traditional Medicare to compete with private plans in 2010. These changes were designed to increase private plan participation and to increase competition in...
Implementation of EPA's 8-Hour Ozone Standard
On April 15, 2004, the U.S. Environmental Protection Agency (EPA) designated areas in 32 states and the District of Columbia (474 counties in all) as "nonattainment areas" for a new ozone air quality standard. This standard was promulgated by EPA in 1997, but because of court challenges and other delays is just now being implemented. Designation begins a process in which the areas must adopt emission control programs sufficient to bring air quality into compliance. Deadlines will vary depending on the severity of the measured pollution. Areas failing to adopt adequate plans or failing to...
Computer Security: A Summary of Selected Federal Laws, Executive Orders, and Presidential Directives
This report provides a short summary of selected federal laws, executive orders, and presidential directives, currently in force, that govern computer security. The report focuses on the major roles and responsibilities assigned various federal agencies in the area of computer security. This report will not be updated.
One major area of federal activity in computer security deals with securing federal computer systems. The roles and responsibilities for securing federal computer systems are split between national security systems and all other federal systems. The Federal Information...
Thirty-three states have added a victims' rights amendment to their state constitutions. S.J.Res. 1 (Sens. Kyl and Feinstein)/ H.J.Res. 10 (Rep. Royce)/ H.J.Res. 48 (Rep. Chabot) would add a victims' rights amendment to the United States Constitution. The Senate Judiciary Committee has reported the measure without amendment and at least initially without a written report. The President has endorsed the Amendment as he had in the 107th Congress ( S.J.Res. 35 / H.J.Res. 88 / H.J.Res. 91 ). Similar proposals date back to the 104th Congress. The Amendment grants the victims of state...
Victims' Rights Amendment: A Proposal to Amend the United States Constitution in the 108th Congress
Thirty-three states have added a victims' rights amendment to their state constitutions. S.J.Res. 1 / H.J.Res. 48 / H.J.Res. 10 would add a victims' rights amendment to the United States Constitution. The amendment is identical to proposals offered in the 107th Congress ( S.J.Res. 35 / H.J.Res. 88 / H.J.Res. 91 ) and has been endorsed by the President. Similar proposals date back to the 104th Congress. The proposed amendment grants the victims of state and federal violent crimes the right:
- to reasonable and timely notice of public proceedings relating to the crime;
- to...
The 2004 Attacks in Uzbekistan: Context and Implications for U.S. Interests
This report examines the bombings and other civil unrest that occurred in Uzbekistan on March 28-April 1, 2004. Implications for Uzbekistan and U.S. relations and assistance are examined. This report may be updated. Related products include CRS Report RS21238 , Uzbekistan ; and CRS Issue Brief IB93108, Central Asia , updated regularly.
"Curt Flood Act of 1998": Application of Federal Antitrust Laws to Major League Baseball Players
The "Curt Flood Act of 1998"( S. 53 , 105th Congress) (1) was narrowly directed at altering just one aspect of the anomalous situation under which professional baseball operates with an "exemption" from the antitrust laws. The measure added a new section (Section 26b) (2) to the Clayton Act (15 U.S.C. Sections 12 et seq. ) to clarify that major league baseball players would be covered under the federal antitrust laws to the same extent as are other professional athletes, and defined "major league baseball players" as persons who are or were parties to major league players' contracts....
Inflation and Unemployment: What is the Connection?
Even at times when the inflation rate shows little indication that it is about to rise significantly, many economists feel that there is some risk of that happening as unemployment rate falls to near 5%. There are those who consider an unemployment rate below 5% to be unsustainable, or at least incompatible with continued low rates of inflation. It might seem strange that an economy with both low unemployment and low inflation could be considered a source of concern. But, many economists believe that it may not be possible to keep them both low for very long. The experience of the...
Cultural Property: International Conventions and United States Legislation
The looting of the Iraq Museum in Baghdad, initially described as a devastating blow to the world's cultural heritage, has raised interest in measures to protect cultural patrimony. While more recent reports revealed that the loss of museum holdings had been exaggerated, the damage continues to be assessed as significant. There is broad international consensus that antiquities and art deserve special protection from the ravages of war, as is codified in the 1907 Hague Regulations, the 1949 Geneva Conventions, and the 1954 Hague Convention. Other agreements address protection of...
Presidential Vetoes, 1789-Present: A Summary Overview
This report discusses the veto power vested in the President by Article I, Section 7 of the Constitution. It provides a general overview and a table of presidential vetoes from 1789-2004, listing the coincident Congresses, regular vetoes, pocket vetoes, total vetoes, and vetoes overridden for each president.
Congressional Overrides of Presidential Vetoes
This report discusses Congress' power to override presidential vetoes. The President's veto authority is among his most significant tools in legislative dealings with Congress. It is effective not only in preventing the passage of legislation undesirable to the President, but also as a threat, sometimes forcing Congress to modify legislation before it is presented to the President.
Guam Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on Guam.
Delaware Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Delaware.
Georgia Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Georgia.
District of Columbia Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the District of Columbia.
Connecticut Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Connecticut.
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the Northern Mariana Islands.
American Samoa Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on American Samoa.
Foreign Relations Authorization, FY2004 and FY2005: State Department and Foreign Assistance
The foreign relations authorization process dovetails with the annual appropriation process for the Department of State (within the Commerce, Justice, State and Related Agency appropriation) and foreign policy/foreign aid activities (within the foreign operations appropriation). Congress is required by law to authorize the spending of appropriations for the State Department and foreign policy activities every two years. Foreign assistance authorization measures (such as authorization for the U.S. Agency for International Development, economic and military assistance to...
Iraq Coalition: Public Opinion Indicators in Selected European Countries
Several European countries currently contribute military forces to U.S.-led coalition operations to stabilize Iraq, one year after the start of the war against former Iraqi leader Saddam Hussein. Many European governments have sent troops to Iraq despite strong domestic opposition, although the level of opposition, as measured by opinion polls, varies from country to country and can show changes over time. The March 2004 terrorist attacks in Madrid and the announcement by the new Spanish government that it would likely remove Spanish troops from Iraq by July 2004 have raised questions...
Foreign Trade Effects of an Alaskan Natural Gas Pipeline
The Energy Information Administration (EIA), in the Annual Energy Outlook 2004 (AEO), projects increased demand for imported natural gas through 2025. The AEO reference case forecast assumes a natural gas pipeline will begin delivering Alaskan natural gas to the lower 48 state consuming markets in 2018. H.R. 6 , the omnibus energy bill, contains provisions to enhance the future supply of natural gas through construction of a pipeline. This report examines the effects of an Alaska natural gas pipeline on the U.S. current account balance. The EIA finds that if the pipeline is not...
Homeland Security: The Presidential Coordination Office
Responding to the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon, President George W. Bush, among other actions, announced in his September 20 address to a joint session of Congress, his intention to create an Office of Homeland Security (OHS), headed by a director who would have Cabinet rank and would report directly to the President. OHS, as subsequently chartered with E.O. 13228 of October 8, 2001, is an agency of the Executive Office of the President. The success of this office as a coordinator of federal preparations and response to terrorism,...
Policing in Peacekeeping and Related Stability Operations: Problems and Proposed Solutions
One of the most crucial and difficult tasks in peacekeeping and related stability operations is creating a secure and stable environment, both for the foreign peacekeepers and for the indigenous population. During the past decade, the United States and the international community have tried various approaches to providing that security. Most of these approaches have included the use of United Nations International Civilian Police (UNCIVPOL), whose forces are contributed on a case by case basis by U.N. Member states. (While other countries usually contribute police personnel from their own...
Nuclear Warhead "Pit" Production: Background and Issues for Congress
A "pit" is the fissile core of a nuclear warhead. In modern warheads, it creates a nuclear explosion that triggers a substantially larger thermonuclear explosion. All pits currently in the U.S. nuclear stockpile were made at the Rocky Flats Plant near Denver, CO, which opened in 1952. The Department of Energy (DOE) halted pit manufacturing operations there in 1989; the United States has been unable to make stockpile-quality pits -- and therefore complete nuclear warheads -- since then. Inability to make pits may have adverse consequences. For example: (1) The United States cannot replace...
Colorado Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Colorado.
Oil and Gas Exploration and Development on Public Lands
The U.S. Congress and the Administration are involved in a major policy debate over oil and gas development from federal lands and from federal mineral estate underlying certain privately owned lands. Within the framework of U.S. public lands policy, restrictions and withdrawals have affected the amount of land that can be developed. The Energy Policy and Conservation Act Amendments of 2000 (EPCA) mandated a study which was released in January 2003 to assess the oil and gas resource potential underlying restricted federal lands. It concluded that although the amount of land prospected for...
Indiana Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Indiana.
Florida Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Florida.
Idaho Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Idaho.
In the Notification and Federal Employee Antidiscrimination and Retaliation Act, (No FEAR Act), P.L. 107-174 , Congress found that federal agencies lacked accountability for enforcement of federal anti-discrimination and whistleblower statutes since any monetary judgment against an agency was paid from the Judgment Fund of the U.S. Department of Justice, rather than the agency's own operating budget. The Act addresses the problem by requiring agencies to reimburse the Treasury for any judgment or settlement of federal employee discrimination or whistleblower reprisal claims. In addition,...
House Committee System: Jurisdiction and Referral Reform Options
On January 7, 2003, the House created a Select Committee on Homeland Security with legislative and oversight jurisdiction over the newly created Department of Homeland Security. The select committee is also mandated to study House rules, including Rule X, as they apply to homeland security matters, and to recommend changes to the House Rules Committee no later than September 30, 2004. This report briefly addresses jurisdiction and referral reform options. It will be updated if events warrant.
North Dakota Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of North Dakota.
Oregon Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Oregon.
Appropriations for FY2004: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share -- about two-thirds -- of total U.S. international affairs spending. President Bush asked Congress to appropriate $18.89 billion for FY2004 Foreign Operations. The budget proposal was $2.7 billion, or 16.7% higher than regular (non-supplemental) Foreign Operations appropriations for FY2003. If enacted, the President's recommendation would...
Pennsylvania Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Pennsylvania.
The Millennium Challenge Account: Congressional Consideration of a New Foreign Aid Initiative
In a speech on March 14, 2002, at the Inter-American Development Bank, President Bush outlined a proposal for the United States to increase foreign economic assistance beginning in FY2004 so that by FY2006 American aid would be $5 billion higher than three years earlier. The new funds, which would supplement the roughly $16.3 billion economic aid budget for FY2003, would be placed in a separate fund -- Millennium Challenge Account (MCA) -- and be available on a competitive basis to a few countries that have demonstrated a commitment to sound development policies and where U.S. support is...
The Davis-Bacon Act: Issues and Legislation During the 108th Congress
This report discusses the debate surrounding the Davis-Bacon Act (1931, as amended), which requires, among other things, that not less than the locally-prevailing wage be paid to workers employed in federal contract construction. Through recent decades, the Act has become a continuing source of contention, particularly regarding its impacts, whether it should be modified, strengthened, or repealed, and if it is being administered effectively.
California Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of California.
Animal Rendering: Economics and Policy
Renderers convert dead animals and animal byproducts into ingredients for a wide range of industrial and consumer goods, such as animal feed, soaps, candles, pharmaceuticals, and personal care products. U.S. regulatory actions to bolster safeguards against bovine spongiform encephalopathy (BSE or mad cow disease) could portend significant changes in renderers' business practices, the value of their products, and, consequently, the balance sheets of animal producers and processors. Also, if animal byproducts have fewer market outlets, questions arise about how to dispose of them safely....
The National Conference of State Legislatures (NCSL), through a contract with the Congressional Research Service (CRS), compiled information in calendar year 2003 that was used to develop profiles of emergency management and homeland security statutes in the 50 states, the District of Columbia, and the insular areas. These profiles are published separately as CRS reports and are listed in the appendix to this report.
Arkansas Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Arkansas.
Alaska Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Alaska.
Reproductive Health Problems in the World: Obstetric Fistula: Background Information and Responses
Obstetric fistula has gained increased attention in the 108th Congress when a number of briefings were held to discuss the impact of this debilitating condition on millions of women. Additionally, H.Con.Res. 447 and H.R. 3810 , were introduced to recognize the effects of the affliction, and to reserve a portion of the U.S. contribution to the United Nations Population Fund (UNFPA) for fistula prevention and repair. Finally, P.L. 108-199 , 2004 Omnibus Appropriations, provides $1 million to the International Medical Corps to expand its fistula repair services in Sierra Leone. It also...
Arizona Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Arizona.
Foreign Assistance Authorization Act, FY2005
Congress last enacted a broad foreign assistance authorization act in 1985. In the absence of omnibus foreign aid measures, the majority of foreign assistance legislation has been enacted as part of annual Foreign Operations appropriation measures. Division B of S. 2144 -- Foreign Assistance Authorization for FY2005 -- is an effort to "reinforce" the Senate Foreign Relations Committee's role in foreign aid policy making. It is not an attempt to comprehensively review and re-write existing foreign aid legislation, but rather it is a first step in providing necessary authorization for...
Air Quality: EPA's Proposed Interstate Air Quality Rule
On December 17, 2003, the Environmental Protection Agency (EPA) issued a proposed rule to address the effect of interstate transport of air pollutants on non-attainment of the National Ambient Air Quality Standards (NAAQS) for fine particulates (PM2.5) and ozone (specifically, the 8-hour standard). The proposed Interstate Air Quality (IAQ) rule appeared in the Federal Register January 30, 2004. For PM2.5, the proposed rule finds that the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from 28 states and the District of Columbia contributes significantly to downwind...
The new Medicare legislation, the Medicare Prescription Drug, Improvement, and Modernization Act ( P.L. 108-173 ), addresses the importation of prescription drugs for all U.S. consumers, not just for Medicare-eligible individuals. These provisions are rooted in consumer and congressional concern with the high cost of prescription drugs in the United States. International comparisons of drug prices have confirmed that American consumers, particularly the elderly and uninsured, often pay more for prescription drugs than do citizens in other countries. The importation of...
Army Transformation and Modernization: Overview and Issues for Congress
The U.S. Army continues an ambitious program intended to transform itself into a strategically responsive force dominant in all types of ground operations. As planned, its Future Force will eventually meld all ongoing initiatives into a force based on a high-tech Future Combat System (FCS). Its Current Force is beginning to provide a new combat capability, based on current-technology armored vehicles, for the mid-intensity combat operations that seem prevalent in today's world. Its current "legacy force" of existing systems is being modernized and maintained to ensure effective light and...
Intellectual Property, Computer Software and the Open Source Movement
The term "open source" refers to a computer program that is distributed along with a license, or contract, that requires users of the program to comply with specified conditions. Among these stipulations are that the source code be distributed along with the software, and that others be allowed to modify the source code as they desire. In contrast, the source code of "closed source" software is proprietary, not publicly distributed and subject to alteration only by the software manufacturer. Some concerns have arisen concerning the relationship between open source software...
Appropriations for FY2004: Labor, Health and Human Services, and Education
This report tracks the progress of the bill providing FY2004 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and related agencies. The report summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
On February 3, 2003, the President submitted the FY2004 budget request to the Congress. The L-HHS-ED request was $135.6 billion in discretionary funds; the comparable FY2003 amount was $134.7...
Restricting Trademark Rights of Cubans: WTO Decision and Congressional Response
The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has ruled against certain restrictions on the trademark rights of Cubans imposed under § 211 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998. Congress has responded with several proposals to comply with the ruling, some focused on repeal of § 211 as part of broader proposed amendments to Cuban trade sanctions, others on repeal coupled with alternative methods of ensuring Cuba’s protection of trademark rights of Americans. This report will be updated as legislative activity occurs or...
Selected Legal and Policy Issues Related to Coalbed Methane Development
Coalbed methane (CBM) has rapidly become a significant source of natural gas in the United States. With growing consumer demand, high natural gas prices, and significant political support for development, the CBM production industry has grown exponentially. Pending legislation, such as the omnibus energy bills, S. 2095 and H.R. 6 , would provide additional production incentives. Increased CBM interest has had significant consequences, leading to frequent disputes over CBM ownership, the adequacy of federal leasing process, and federal and local environmental regulation. The federal...
NATO's Decision-Making Procedure
This report provides a brief analysis of NATO's decision-making procedures, with several examples of how the allies have handled sensitive issues in the past. It describes the February 2003 dispute over providing NATO defense planning and equipment to Turkey, and analyzes the debate over the decision-making process, including possible alterations of that process. This report will be periodically updated. See also CRS Report RS21354 , The NATO Summit at Prague, 2002.
Walker v. Cheney: District Court Decision and Related Statutory and Constitutional Issues
On January 29, 2001, President Bush established the National Energy Policy Development Group (NEPDG), with Vice President Cheney serving as Chairman. Along with the Vice President, the NEPDG consisted of six executive department heads, two agency heads, and various other federal officers. The NEPDG was tasked with developing a national energy policy "designed to help the private sector, and government at all levels, promote dependable, affordable, and environmentally sound production and distribution of energy for the future." Based on reports that meetings of the NEPDG included...
Nuclear Weapon Initiatives: Low-Yield R&D, Advanced Concepts, Earth Penetrators, Test Readiness
The Bush Administration completed its congressionally-mandated Nuclear Posture Review in December 2001. The review led to major changes in U.S. nuclear policy. It found that the Cold War relationship with Russia was "very inappropriate" and that this nation must be able to deal with new threats. It planned to retain Cold War-era nuclear weapons, which would suffice for many contingencies, though at reduced numbers. To complement these weapons so as to improve U.S. ability to deal with new, more dispersed threats in various countries, the Administration sought to explore additional nuclear...
Humanitarian Crisis in Haiti: 2004
Since armed rebels seized control of Haiti’s fourth largest city, Gonaives, on February 5, 2004, and protests calling for President Aristide’s resignation culminated in his departure on February 29, there has been increasing concern about a looming humanitarian crisis. With events on the ground constantly shifting and an increasing lack of security, assessments of the humanitarian situation remain fluid and subject to change. This report covers recent developments and the humanitarian response to the crisis by the United States and other international actors. It will be updated as...
Visa Policy: Roles of the Departments of State and Homeland Security
Since the September 11, 2001 terrorist attacks, considerable concern has been raised because the 19 terrorists were aliens who apparently entered the United States on temporary visas despite provisions in immigration laws that bar the admission of terrorists. Fears that lax enforcement of immigration laws regulating the admission of foreign nationals into the United States may continue to make the United States vulnerable to further terrorist attacks have led many to call for revisions in the policy as well as changes in who administers immigration law.
Foreign nationals not already...
Title IX and Sex Discrimination in Education: An Overview
This report provides an overview of Title IX of the Education Amendments of 1972, and the various aspects of education affected by this law. Although Title IX has been only partially successful in eliminating sex discrimination in education, the effects of this legislation have been far-reaching.
Congressional Statistics: Bills Introduced and Laws Enacted, 1947-2003
This report is designed to fill the need for a simple tabulation of legislative workload. It provides the numbers of bills and joint resolutions introduced, and the numbers of public and private laws enacted, from the 80' Congress through the 108th Congress, first session (1947-2003).
Indonesia-U.S. Economic Relations
Indonesia's economy continues to struggle against the lasting effects of the 1997-1998 Asian financial crisis and the political instability that resulted. Indonesia was one of the hardest hit economies in Asia; real GDP fell by 13.2 % in 1998. Indonesian-U.S. commercial ties were sharply diminished as well, caused in part by declining Indonesia living standards and a loss of foreign investor confidence in Indonesia (due largely to political instability). The Indonesian economy has improved over the past few years, however, recent activities of terrorist elements in Indonesia and the rise...
For FY2004 Congress began providing, in a single bill, appropriations for the Departments of Transportation and the Treasury, the United States Postal Service, the Executive Office of the President, and Related Agencies, as well as General Government provisions. On January 23, 2004, President Bush signed the Consolidated Appropriations Act, 2004 ( H.R. 2673 ; P.L. 108-199 ), which included the conference version of the FY2004 Transportation, Treasury and Independent Agencies Appropriations bill. On September 9, 2003, the House passed H.R. 2989 , the FY2004 Transportation, Treasury and...
On December 23, 2003, the U.S. Secretary of Agriculture announced that a cow in Washington state had tested positive for bovine spongiform encephalopathy (BSE, or Mad Cow disease), representing the first domestic case. The Secretary announced expanded protections against BSE on December 30, 2003. On January 26, 2004, the U.S. Secretary of Health and Human Services announced additional safety measures for products regulated by the U.S. Food and Drug Administration (FDA) to protect public health. Both have stressed that the human health impact of finding one BSE positive cow is believed to...
Protection of Lawful Commerce in Arms Act, H.R. 1036 and S. 659, 108th Congress: Legal Analysis
This report examines H.R. 1036, 108th Congress, as ordered to be reported by the House Committee on the Judiciary on April 3, 2003, and passed by the House without amendment on April 9, 2003. H.R. 1036, titled the “Protection of Lawful Commerce in Arms Act,” would prohibit lawsuits, except in specified circumstances, against a manufacturer or seller of a firearm or ammunition, or a trade association, for damages resulting from the criminal or unlawful misuse of a firearm or ammunition.
Ukraine: Background and U.S. Policy
Since the collapse of the Soviet Union in 1991, many Western analysts have viewed a stable, independent and sovereign Ukraine as a key element in European security, pointing to its size, strategic location and economic potential. Those who are concerned about Russia's motives and goals in the region see an independent Ukraine as a guarantee against the revival of a Russian empire that would threaten the security of central Europe. Conversely, analysts worry that a weak or unstable Ukraine could fall under Russian domination or become a focus of conflict between Russia and the West. The...
Indonesian Separatist Movement in Aceh
Indonesia faces a major separatist insurgency in the province of Aceh in northern Sumatra. The Indonesian government has proposed autonomy for Aceh, but insurgents demand independence. Negotiations and cease-fires have been unsuccessful. Indonesian civilian leaders have been unable to control the Indonesian military, whose aggressive actions in Aceh produce frequent reports of human rights abuses and alienation of the populace. The Bush Administration has urged Indonesia to seek a political settlement; but it has been hesitant to deal with the military's actions and seeks renewed ties...
Campaign Finance Law: A Legal Analysis of the Supreme Court Ruling in McConnell v. FEC
In its most comprehensive campaign finance ruling since Buckley v. Valeo in 1976, on December 10, 2003, the U.S. Supreme Court upheld against facial constitutional challenges key portions of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, also known as the McCain-Feingold or Shays-Meehan campaign finance reform law. In McConnell v. FEC, a 5 to 4 majority of the Court upheld restrictions on the raising and spending of previously unregulated political party soft money and a prohibition on corporations and labor unions using treasury funds to finance “electioneering...
House and Senate conferees approved an omnibus energy bill ( H.R. 6 , H.Rept. 108-375 ) on November 17, 2003, and the House approved the measure the following day (246-180). However, on November 21, 2003, a cloture motion to limit Senate debate on the conference report failed (57-40). On February 12, 2004, Senator Domenici introduced a revised version of the bill ( S. 2095 ) with a lower estimated cost and without a controversial provision on the fuel additive MTBE. Major non-tax provisions in the conference measure and S. 2095 include:
Ethanol. An increase in ethanol production to...
Homeland Security: Intelligence Support
Legislation establishing a Department of Homeland Security (DHS) ( P.L. 107-296 ) included provisions for an information analysis element within the new department. It did not transfer to DHS existing government intelligence and law enforcement agencies but envisioned an analytical office utilizing the products of other agencies -- both unevaluated information and finished reports -- to provide warning of terrorist attacks, assessments of vulnerability, and recommendations for remedial actions at federal, state, and local levels, and by the private sector. In January 2003,...
Country Applicability of the U.S. Normal Trade Relations (Most-Favored-Nation) Status
The United States accords permanent normal-trade-relations (NTR) (formerly called most-favored-nation (MFN)) treatment to all its trading partners except six countries to which it is denied by law and 11 countries whose NTR status is temporary and subject to the conditions of Title IV of the Trade Act of 1974.
Homeland Security: Human Resources Management
P.L. 107-296 , Homeland Security Act of 2002 ( H.R. 5005 ), authorizes the Secretary of Homeland Security and the Director of the Office of Personnel Management (OPM) to establish, and from time to time adjust, a human resources management (HRM) system for some or all of the organizational units of the new Department of Homeland Security (DHS). The law states specific requirements for the HRM system. Federal workforce improvements to be applied governmentwide also are authorized by P.L. 107-296 .
On February 20, 2004, DHS and OPM jointly issued proposed regulations for the DHS...
Air Pollution: Legal Perspectives on the “Routine Maintenance” Exception to New Source Review
A major Clean Air Act issue is the extent to which an existing power plant or factory may be altered without effecting a “modification.” A “modification” of an existing air pollution source is subject to the act’s stringent air pollution control requirements for new sources. The topic of this report is a widely used exemption to “modification” allowing changes that constitute “routine maintenance, repair, and replacement” without triggering such stringent requirements. The report surveys the original legal landscape surrounding this exemption—in the contexts of determining applicability of...
The U.S. Government has always protected scientific and technical information that might compromise national security. Since the 2001 terrorist attacks, controls have been widened on access to information and scientific components that could threaten national security. The policy challenge is to balance science and security without compromising national security, scientific progress, and constitutional and statutory protections. This report summarizes (1) provisions of the Patent Law; Atomic Energy Act; International Traffic in Arms Control regulations; the USA PATRIOT Act, P.L. 107-56 ;...
Analysis of S. 1709, 108th Congress: the Security and Freedom Ensured Act of 2003 (SAFE Act)
This report is a section by section explanation of the effects of S. 1709 , the SAFE Act, on current law. The SAFE Act was introduced in the 108th Congress “to amend the USA PATRIOT ACT to place reasonable limitations on the use of surveillance and the issuance of search warrants.”
Bundling Residential Telephone, Internet, and Video Services: Issues for Congress
This report discusses bundling and public policy issues for Congress. The federal Universal Service Fund - the federal subsidy program that assures affordable telephone rates for high-cost (rural) and low-income telephone customers as well as for schools, libraries, and rural health facilities - is supported by an assessment on interstate telecommunications revenues only. But it is difficult to identify the portion of revenues generated by a bundled service offering attributable to the interstate telecommunications portion of that bundle.
The Conservation Security Program in the 2002 Farm Bill
The Conservation Security Program (CSP), a new program enacted in section 2001 of the 2002 farm bill (P.L. 107-171) and administered by the Natural Resources Conservation Service, creates a three-tiered system rewarding increased levels of conservation on agricultural operations with increased payments. Payments include a base payment for acreage enrolled, a payment for new or existing conservation practices, and an “enhancement” payment for conservation exceeding minimum program standards.
Bosnia and Kosovo: U.S. Military Operations
With the on-going requirements of U.S. military operations in Iraq and Afghanistan, the continuing peacekeeping deployments in the Balkans have come under congressional scrutiny to determine whether or not they could be safely reduced or terminated. This report examines the history and current status of U.S. military operations in the Balkans, and will be updated as events warrant. In Paris on December 14, 1995, the presidents of Bosnia, Croatia, and Serbia signed the peace settlement negotiated in Dayton, OH (Dayton Accords). The United Nations Security Council's Resolution 1031...
In 2002, an auditor found inaccuracies in Freddie Mac's financial statements, which ultimately led to the enterprise restating three years of earnings. In the wake of the resulting scandal, Congress has expressed an interest in tightening the oversight of Fannie Mae and Freddie Mac. Currently, federal oversight of Fannie Mae and Freddie Mac is governed by the Federal Housing Enterprises Safety and Soundness Act of 1992. The purpose of this report is to analyze the oversight provisions of this Act.
Appropriations for FY2004: Commerce, Justice, State, the Judiciary, and Related Agencies
Congress packaged a number of appropriations bills, including CJS, into an omnibus bill ( H.R. 2673 ). A conference report ( H.Rept. 108-401 ) emerged just prior to the Thanksgiving recess. The CJS portion of the bill (Division B) contains a total of $41.0 billion, not reflecting the .465% rescission in the general provisions of Division B. Within Division H--Miscellaneous Appropriations and Offsets--Section 168 includes a .59% across-the-board rescission. The House agreed to the conference report on December 8th, while the Senate passed the package on January 22, 2004. The President...
SARS, Avian Flu, and Other Challenges for China's Political, Social, and Economic Transformation
In November 2002, SARS, a new and deadly human illness suspected of having an animal origin, made its first appearance in China. Chinese leaders at first minimized the effects of the new virus and covered up the extent of its spread. But the disease moved rapidly to other countries, prompting the World Health Organization in 2003 to label the virus a "global health threat." Under intense public scrutiny, Chinese leaders in April 2003 eventually acknowledged that people were sickening and dying, apologized for their leadership failures in addressing the problem, and launched a series of...
This report assesses the impact of the September 11, 2001 attacks on public and private information infrastructures in the context of critical infrastructure protection, continuity of operations (COOP) planning, and homeland security. Analysis of the effects of the terrorist attacks suggests various "lessons learned." These lessons support three general principles. The first principle emphasizes the establishment and practice of comprehensive continuity and recovery plans. One lesson learned in this area is to augment disaster recovery plans . Businesses and agencies, who now must...
Aviation Security: Issues Before Congress Since September 11, 2001
The events of September 11, 2001 heightened concerns regarding aviation security in the United States. The ensuing debate in Congress focused on the degree of federal involvement needed to improve aviation security and restore public confidence in air travel. The Aviation and Transportation Security Act (ATSA, P.L. 107-71 , 115 Stat. 597) established the Transportation Security Administration (TSA) and contained provisions establishing a federal screener workforce and requiring screening of checked baggage using explosive detection systems. ATSA also significantly expanded the federal air...
Foreign Terrorist Organizations
This report analyzes the status of many of the major foreign terrorist organizations that are a threat to the United States, placing special emphasis on issues of potential concern to Congress. The terrorist organizations included are those designated and listed by the Secretary of State as "Foreign Terrorist Organizations." (For analysis of the operation and effectiveness of this list overall, see also The 'FTO List' and Congress: Sanctioning Designated Foreign Terrorist Organizations , CRS Report RL32120 .) The designated terrorist groups described in this report are:
Abu Nidal...
Appropriations for FY2004: U.S. Department of Agriculture and Related Agencies
On January 23, 2004, the President signed into law an FY2004 consolidated appropriations measure ( P.L. 108-199 , H.R. 2673 ) that includes annual funding for the U.S. Department of Agriculture and Related Agencies. The full House approved the conference agreement of the measure on December 8, 2003. Senate floor action on the conference agreement was delayed for several weeks until a cloture motion was approved and the conference agreement was adopted on January 22, 2004. Part of the reason for the delay in Senate consideration of the measure was opposition to a conference-adopted...
Sensitive Security Information (SSI) and Transportation Security: Background and Controversies
In November 2003, the U.S. attorney's office in Miami dropped a criminal case against a former federal baggage screener charged with stealing from a passenger's luggage. The case was dropped because prosecutors feared that sensitive security information (SSI) would have to be disclosed. At issue is the ability of the Transportation Security Administration (TSA) to prosecute other dishonest agency employees in the future. Will the same dilemma that led to the dismissal of this particular case occur again? In recent months, this and other important issues relating to SSI have been raised....
Biological and Chemical Weapons: Criminal Sanctions and Federal Regulations
The Biological Weapons Convention and the Chemical Weapons Convention, both of which have been signed and ratified by the United States, obligate signatory parties to enact legislation or otherwise restrict the development, use, and acquisition of biological and chemical weapons within their territorial jurisdiction. In accordance with these obligations, the United States has enacted various federal requirements and criminal sanctions applying to biological and chemical weapons. Recent anti-terrorism legislation, such as the USA PATRIOT Act, amended many of these provisions, broadening...
Pipeline Security: An Overview of Federal Activities and Current Policy Issues
Nearly half a million miles of oil and gas transmission pipeline crisscross the United States. The nation's pipeline industry has made substantial investments to protect these systems and respond to the possibility of terror attacks. However, U.S. pipelines are inherently vulnerable because of their number and dispersion. Due to the essential role pipelines play in our economy, Congress is examining the adequacy of federal pipeline security efforts. The Transportation Security Administration (TSA), within the Department of Homeland Security (DHS), is the lead federal agency for security...
In 2003, Congress considered President Bush's requests for FY2004 and FY2003 supplemental assistance for Colombia and six regional neighbors in a continuation of the Andean Regional Initiative (ARI) launched in 2001. ARI was proposed as an expansion of support for Plan Colombia, under the Clinton Administration, with more funding for social and economic development programs for Colombia and its neighbors, who are affected by Colombia's struggle against guerrillas and drug traffickers. From FY2000 through FY2003, Colombia and other ARI recipients have received more than $3 billion in U.S....
Appropriations for FY2004: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil works projects of the Army Corps of Engineers, the Department of the Interior’s Bureau of Reclamation (BOR), most of the Department of Energy (DOE), and a number of independent agencies. The Bush Administration requested $26.95 billion for these programs for FY2004 compared with $26.20 billion appropriated for FY2003. On July 18 the House passed a bill, H.R. 2754 , containing appropriations of $27.08 billion. On September 16 the Senate passed its version of H.R. 2754, funding energy and water development...
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities and to judicial decisions requiring that states provide an education for children with disabilities if they provided an education for...
Bankruptcy Reform in the 108th Congress
On March 19, 2003, the House of Representatives passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. H.R. 975, as introduced, was substantially similar to the legislation (H.R. 333) approved by both the House and the Senate during the 107th Congress, but omitted the Schumer Amendment which would have prevented the discharge of liability for willful violation of protective orders and violent protests against providers of “lawful services,” including reproductive health services. As passed by the House, H.R. 975 was amended to add sections to, among other...
Comparisons of U.S. and Foreign Military Spending: Data from Selected Public Sources
This report lists and compares military expenditures of the United States and foreign nations using two sources: the London-based International Institute for Strategic Studies' (IISS) The Military Balance, and the U.S. State Department's World Military Expenditures and Arms Transfers (WMEAT). Although the IISS and the U.S. State Department aim to provide figures that are as consistent and accurate as possible, cross-national comparisons of defense spending are inherently imperfect. Available sets of figures are useful, but often do not correspond with one another for a variety...
Federal Pay -- Status of January 2004 Adjustments: A Fact Sheet
Federal pay adjustment rates going into effect in January 2004, under Executive Order 13322 (69 Federal Register 231) were less than those in the pending Consolidated Appropriations Act, 2004 ( H.R. 2673 ). The General Schedule (GS) and related salary systems were limited to 2.0%, as opposed to the 4.1% subsequently passed. Salaries of officials in the three branches were temporarily limited, due to the lower GS rate, to 1.5%, rather than the scheduled 2.2%, which upon Presidential approval of H.R. 2673, will go into effect retroactively.
Dual-Use Biological Equipment: Difficulties in Domestic Regulation
A question in the current debate over chemical and biological terrorism is: how well do current United States policies limit opportunities to terrorist groups for acquisition of such weapons? The domestic purchase and use of “dual-use” biological equipment, such as fermenters, centrifuges, and other equipment, is one area suggested as potentially providing opportunities for terrorist, biological weapons development. Dual-use equipment has both legitimate civilian and military use. Regulating international sale of dual-use equipment is used as a nonproliferation policy tool. Similar...
Nuclear Weapons in Russia: Safety, Security, and Control Issues
When the Soviet Union collapsed in late 1991, it reportedly possessed more than 27,000 nuclear weapons, and these weapons were deployed on the territories of several of the former Soviet republics. All of the nuclear warheads have now been moved to Russia, but Russia still has around 5,500 strategic nuclear weapons and perhaps as many as 12,000 warheads for nonstrategic nuclear weapons. Many analysts in the United States and Russia have expressed concerns about the safety, security, and control over these weapons. Some of these concerns focus on Russia's nuclear command and control...
Social Service Provisions in the CARE Act and the Charitable Giving Act
The CARE Act of 2003 ( S. 476 ), passed by the Senate on April 2, 2003, and the Charitable Giving Act of 2003 ( H.R. 7 ), passed by the House on September 17, 2003, would authorize an initial annual appropriation of $150 million (and needed sums for four years) for "compassion capital" grant funding. The bills contain some other social service provisions -- regarding the Social Services Block Grant and maternity group homes -- summarized in a table below. (Both bills concentrate on tax changes to promote charitable giving, which are not discussed in this report. For these tax provisions,...
Generals and Flag Officers: Senior Military Officer Confirmations
This report describes the Department of Defense (DOD) process which discloses to the Senate adverse information about senior military officers awaiting confirmation of a General or Flag Officer (GFO) personnel action, such as a promotion or appointment. It also describes the DOD mechanism used to investigate administrative or criminal misconduct of Generals and Flag Officers (Admirals). Finally, the report analyzes trends in the way the Senate scrutinizes senior military leaders during the confirmation process, especially if these leaders failed to promote a proper leadership climate in...
Critical Infrastructure: Control Systems and the Terrorist Threat
Much of the U.S. critical infrastructure is potentially vulnerable to cyber-attack. Industrial control computer systems involved in this infrastructure are specific points of vulnerability, as cyber-security for these systems has not been previously perceived as a high priority. Industry sectors potentially affected by a cyber-attack on process control systems include the electrical, telephone, water, chemical, and energy sectors. The federal government has issued warnings regarding increases in terrorist interest in the cyber-security of industrial control systems, citing international...
Medicare Fee-for-Service Modifications and Medicaid Provisions of H.R. 1 as Enacted
On November 22, the House of Representatives voted 220 to 215 to approve the conference report on H.R. 1 , the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The Senate, on November 24, voted 54 to 44 to approve the conference report. Earlier, the conferees of the Medicare prescription drug and modernization legislation announced an agreement on November 16 and the legislative text was released November 20. The legislative language can be downloaded from the House Committee on Ways and Means website at: http://waysandmeans.house.gov . The bill was signed into law...
The African Cotton Initiative and WTO Agriculture Negotiations
In World Trade Organization (WTO) Negotiations on agriculture, a group of African countries have proposed that all subsidies for cotton be eliminated by the end of four years. The proposal also advocates compensating African cotton producing countries for revenues estimated to be lost due to cotton subsidies. The United States, which provides substantial production-related subsidies to cotton producers, agrees that cotton subsidies distort trade, but maintains that the issue should be negotiated in a comprehensive manner. Disagreement over the African cotton initiative has blocked progress...
NASA Workforce Flexibilities: H.R. 1085 and S. 610, 108th Congress
Various personnel flexibilities would be provided to the National Aeronautics and Space Administration (NASA) under legislation currently pending in both the House of Representatives and the Senate. H.R. 1085 , the NASA Flexibility Act of 2003, was introduced by Representative Sherwood Boehlert on March 5, 2003. S. 610 , the NASA Flexibility Act of 2003, was introduced by Senator George Voinovich on March 13, 2003. H.R. 1836 , the Civil Service and National Security Personnel Improvement Act, introduced by Representative Tom Davis on April 29, 2003, includes, in Title III, Subtitle B,...
Appropriations for FY2004: Legislative Branch
On September 30, 2003, the President signed into law H.R. 2657 , the FY2004 Legislative Branch Appropriations Act ( P.L. 108-83 ). The Act contains $3.548 billion for FY2004 legislative branch activities, and $937.6 million for FY2003 emergency supplemental appropriations (for executive and judicial programs). During markup on July 9, 2003, the Senate Committee on Appropriations added $1.989 billion in FY2003 emergency supplemental appropriations to its version of the FY2004 legislative branch funding bill, S. 1383 . It placed the funds in Title III of the bill. The Senate amended the...
Regulating Private Pensions: A Brief Summary of ERISA
The Employee Retirement Income Security Act of 1974 (ERISA, P.L. 93-406 ) protects the interests of participants and beneficiaries in private-sector employee benefit plans. It was passed in response to instances in which employers had failed to prudently manage pension funds, had terminated pension plans without sufficient assets to pay the benefits employees had earned, or had created impediments to earning a pension, such as onerous age and service requirements. ERISA covers a number of fringe benefits provided by employers, but most of its provisions deal with pension plans....
Border and Transportation Security: Budget for FY2003 and FY2004
A well-managed border is central to maintaining and improving the security of the homeland against terrorist threats. Although the Department of Defense (DOD) will continue to provide an umbrella of protection against potential foreign threats to national security from other nations, the new Department of Homeland Security (DHS) has been given primary responsibility for securing the nation's borders and for increasing the security of transportation, among other responsibilities. On September 24, 2003, both the House and Senate passed H.R. 2555 the first ever appropriation for DHS. ...
Regulating Private Pensions: A Brief Summary of ERISA
This report briefly discusses the Employee Retirement Income Security Act of 1974 (ERISA), and how it protects the interests of participants and beneficiaries in private-sector employee benefit plans. ERISA covers a number of fringe benefits provided by employers, but most of its provisions deal with pension plans. Pension plans sponsored by the federal, state, and local governments, or by churches generally are exempt from ERISA.
Brief Facts About Congressional Pensions
This report contains a table that lists the number of retired Members of Congress and the average amount of congressional pension they receive in retirement.
Social Security and Medicare Taxes and Premiums: Fact Sheet
Financing for social security -- Old Age, Survivors, and Disability Insurance -- and the Hospital Insurance part of Medicare is provided primarily by taxes levied on wages and net self-employment income. Financing for the Supplementary Medical Insurance portion of Medicare is provided by premiums from enrollees and payments from the government. This report describes these taxes and premiums.
The Harbor Maintenance Tax (HMT) was instituted by the Water Resources Development Act (WRDA) of 1986 (P.L. 99-662) to pay for the routine maintenance and operations costs of harbors. Numerous legal challenges to the HMT raise questions about its future and the issue of possible legislative changes. In March 1998, the Supreme Court struck down the application of the HMT with respect to exports, finding that it violated the Constitution’s ban on export taxes. Cases regarding the constitutionality of the HMT on imports remain in litigation. The European Union sees the application of the HMT...
Appropriations for FY2004: District of Columbia
On February 3, 2003, the Bush Administration released its FY2004 budget recommendations. The Administration ' s proposed budget included $420.5 million in federal payments to the District of Columbia. This includes $166.5 million for the Court Services and Offender Supervision Agency for the District of Columbia, an independent federal agency that has assumed management responsibility for the District ' s pretrial services, adult probation, and parole supervision functions. In addition, the Administration requested $163.8 million in support of court operations, and $32 million for...
Phosphorus Mitigation in the Everglades
Provisions in the FY2004 Energy and Water Development Appropriations Act (P.L. 108-137) and the FY2004 Interior and Related Agencies Appropriations Act (P.L. 108-108) restrict funding for restoration activities in the Florida Everglades if Florida does not achieve certain phosphorus mitigation and water quality standards in Everglades waters by 2006. The provisions also require several federal agencies to report whether Florida is meeting the deadline. If not, some provisions state that Congress may disapprove funding for some Everglades restoration projects, including some projects in the...
Appropriations for FY2004: Department of Homeland Security
This report describes the FY2004 appropriations for the Department of Homeland Security (DHS). It summarizes the President’s FY2004 budget request for DHS programs, as submitted to the Congress February 3, 2003, and the congressional response to that proposal. The report includes tables that compare the President’s FY2004 request to the FY2003 amounts for programs and activities that were transferred to DHS after its establishment on January 24, 2003, nearly 4 months after the start of FY2003. The report also includes amounts recommended for DHS programs by House and Senate...
Arming Pilots Against Terrorism: Implementation Issues for the Federal Flight Deck Officer Program
The Homeland Security Act of 2002 ( P.L. 107-296 , 116 Stat. 2135) contains provisions to arm pilots of passenger aircraft and gives deputized pilots the authority to use force, including lethal force, to defend the flight deck against criminal and terrorist threats. Participation in the Federal Flight Deck Officer Program, established under the Arming Pilots Against Terrorism Act contained in P.L. 107-296 , was initially limited to pilots of passenger aircraft. However, a provision in the FAA reauthorization act (Vision 100; P.L. 108-176 , 117 Stat. 2490) expanded the program to include...
Bipartisan Campaign Reform Act of 2002: Summary and Comparison with Previous Law
The Bipartisan Campaign Reform Act of 2002 (BCRA) was enacted on March 27, 2002 as P.L. 107-155 . It passed the House on February 14, 2002, as H.R. 2356 (Shays-Meehan), by a 240-189 vote. Its companion measure, on which it was largely based, had initially been passed by the Senate in 2001 as S. 27 (McCain-Feingold). On March 20, 2002, however, the Senate approved the House-passed H.R. 2356 by a 60-40 vote, thus avoiding a conference to reconcile differences between S. 27 and H.R. 2356 . A series of technical amendments to the bill was passed later that day by the House, in the...
Transnational Organized Crime: U.S. Policy, Programs, and Related Issues
Transnational organized crime presents a serious threat to U.S. national security and global stability. Organized criminal groups have benefitted from the demise of legal structures following the collapse of the Soviet Union and in many failed states. They have been able to expand their networks across national borders. Globalism serves these groups which increasingly rely upon advanced technology and the global financial system to accumulate wealth from their illicit activities. These groups engage in a wide array of criminal activities across national borders that include the illicit...
Australia, the Southwest Pacific, and United States Interests
The major U.S. interests in the Southwest Pacific are preventing the rise of terrorist threats, working with and maintaining the region's U.S. territories, commonwealths, and military bases (American Samoa, Guam, the Northern Mariana Islands, and the Reagan Missile Test Site on Kwajalein Atoll in the Marshall Islands), and enhancing U.S.-Australian cooperation in pursuing mutual political, economic, and strategic objectives in the area. The United States and Australia share common interests in countering transnational crime and preventing the infiltration of terrorist organizations in the...
A Sketch of Supreme Court Recognition of Fifth Amendment Protection for Acts of Production
The Fifth Amendment to the United States Constitution declares in pertinent part that, "No person . . . shall be compelled in any criminal case to be a witness against himself." The United States Supreme Court has pointed that acts of production may fall within of the Fifth Amendment privilege against self-incrimination under some circumstances. To do so they must satisfy the privilege's general demands that require a (1) personal, (2) governmentally compelled, (3) incriminating, (4) testimonial, (5) communication. The act of production doctrine is easily misunderstood for a number...
Croatia: 2003 Elections and New Government
In parliamentary elections held on November 23, 2003, the Croatian Democratic Union (HDZ), a right-wing party of the late former wartime President Franjo Tudjman, won a plurality of the vote. The HDZ had dominated Croatia's political scene from 1990 until its defeat in the 2000 elections. Ivo Sanader, who succeeded Tudjman as HDZ party leader and refashioned the party along more moderate, less nationalistic lines, became Prime Minister of a minority government in December 2003. The Sanader government will likely face significant domestic challenges as well as close international scrutiny...
Comparison of California's Financial Information Privacy Act of 2003 with Federal Privacy Provisions
The California Financial Information Privacy Act,1 enacted on August 28, 2003, and effective on July 1, 2004, governs the rights of California residents with respect to the dissemination of nonpublic personal information by financial institutions. In some respects, it diverges from two federal laws that impose restrictions on the dissemination of nonpublic personally identifiable customer information by financial information.
Immigration: Alien Registration
Since the September 11, 2001 terrorist attacks, many U.S. officials and others have expressed concerns that the U.S. government is unaware of the addresses and whereabouts of many foreign nationals in the country. The Immigration and Nationality Act (INA) contains provisions for the registration of aliens, including the requirement that aliens provide notification of any change of address within 10 days. For many years, however, this address reporting requirement was generally not enforced. The INA also authorizes the Attorney General to prescribe special regulations for the registration...
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2004
The Department of Defense (DOD) administers five environmental programs in response to various requirements under federal environmental laws. These programs include environmental cleanup, environmental compliance, pollution prevention, environmental technology, and conservation. In addition, the Department of Energy (DOE) is responsible for managing defense nuclear waste and cleaning up contaminated nuclear weapons sites. Some of the ongoing issues associated with these programs are the adequacy, cost, and pace of cleanup, whether DOD and DOE adequately comply with environmental laws and...
Supreme Court Recognition of Fifth Amendment Protection for Acts of Production
On several occasions the Supreme Court has addressed the question of when Fifth Amendment privilege against self-incrimination applies to the act of responding to a government subpoena or other command. Beginning with Schmerber and Fisher , through Doe, and finishing with Hubbell , the Court has declared that acts of production may fall within the privilege when they are personal, compelled, incriminating, testimonial communications. The act of production doctrine is easily misunderstood, but some of the uncertainty can be dissipated by a close examination of the facts and views of the...
The Omnibus Reconciliation Act of 1982 (which applied to FY1983 budget issues) suspended previously existing permanent law pertaining to cost-of-living adjustments(COLAs) for federal civilian and military retirees, and changed the COLA calculation formulas to postpone and/or reduce future COLAs for military retirees during 1983-1985 (FY1984-FY1986).This report examines executive and congressional COLA-related initiatives associated with each of the fiscal year budgeting processes from calendar year 1982 (FY1983) through calendar year 2000 (FY2001).
Liberia: 1989-1997 Civil War, Post-War Developments, and U.S. Relations
This report covers Liberia's first civil conflict (1989-1997), post-war developments until roughly 2001, and the history of U.S.-Liberian relations and U.S. policy toward Liberia. Subsequent, more recent events are covered in CRS Report RL32243 , Liberia: Transition to Peace . The modern Liberian state was founded by "Americo-Liberians," black freemen and former slaves from the Americas who settled in Liberia beginning in 1821. State structure and society in contemporary Liberia reflect a blending of indigenous and Americo-Liberian cultural and political influences, but the latter...
Taxation of Life Insurance Companies
Life insurance companies determine their federal income tax liability using a set of Internal Revenue Code provisions that apply only to those companies. This report provides an overview of these tax provisions. Life insurance companies sell financial contracts that contain two common features. First, these contracts generally provide protection against uncertain financial risks that relate to the timing of the death of insured individuals. Second, they incorporate a broad variety of financial investment arrangements. Most of the difficult issues that arise concerning the taxation of...
Northern Ireland: The 2003 Election
On November 26, 2003, voters in Northern Ireland went to the polls to elect a new Assembly, which has been suspended since 2002 because of ongoing difficulties in the peace process. Hardline political parties on both sides of the unionist-nationalist divide surpassed their more moderate rivals, dimming the prospects for restoring Belfast's devolved government soon. This report will not be updated. See also, CRS Report RS21333 , Northern Ireland: The Peace Process, and CRS Report RL30368, Northern Ireland: Implementation of the Peace Agreement during the 106th Congress .
First Responder Resources: The Homeland Defense Equipment Reuse Program -- Description and Issues
There has been general support for providing additional equipment to state and local first responders to help them deal with potential terrorist attacks. The Homeland Defense Equipment Reuse (HDER) Program is a small program operated jointly by the Department of Energy (DOE) and the Office for Domestic Preparedness (ODP) of the Department of Homeland Security (DHS). HDER gives first responders identified by ODP excess radiological detection and related equipment obtained mainly from DOE sites and the Navy. (1) It was established in 2002 as a pilot project for large metropolitan areas to...
The Individuals with Disabilities Education Act (IDEA): Paperwork in Special Education
Congress is currently considering reauthorizing the Individuals with Disabilities Education Act (IDEA). H.R. 1350 , 108th Congress, was passed by the House on April 30, 2003. S. 1248 was reported out of committee by a unanimous vote on June 25, 2003. On November 21, 2003, a unanimous consent agreement providing for floor consideration of S. 1248 was adopted. Among the issues both bills address is the amount of paperwork special education teachers have to complete. This report will discuss some of the requirements of the law that give rise to paperwork, the available statistics on the...
Iraq: International Attitudes to Operation Iraqi Freedom and Reconstruction
On May 1, 2003, President Bush announced the end of the combat phase of the U.S.-led war in Iraq. President Bush referred to the war as a "victory" and claimed that "in the battle of Iraq, the United States and our allies have prevailed." ("President Bush Announces that Combat Operations in Iraq Have Ended," White House Press , May 1, 2003). In the aftermath of the war, the U.S. military presence in postwar Iraq persists. Approximately 130,000 U.S. troops remain in Iraq and are partaking in the reconstruction and stabilization of the country. Under UNSC Res. 1483, the Administration's...
Summary of Electricity Provisions in the Conference Report on H.R. 6, 108th Congress
Conferees on the House and Senate energy bills ( H.R. 6 ) met on November 17, 2003 and approved a conference report. On November 18, 2003, the House approved the Conference report to H.R. 6 by a vote of 246-180. On November 21, 2003, a cloture motion to limit debate on H.R. 6 in the Senate failed by a vote of 57-40.
This report describes Title XII of the conference report on H.R. 6 which deals with electric power issues. In part, this Title would create an electric reliability organization (ERO) that would enforce mandatory reliability standards for the bulk-power system. All ERO...
Computer Software and Open Source Issues: A Primer
The use of open source software by the federal government has been gaining attention as organizations continue to search for opportunities to enhance their information technology (IT) operations while containing costs. For the federal government and Congress, the debate over the use of open source software intersects several other issues, including, but not limited to, the development of homeland security and e-government initiatives, improving government information technology management practices, strengthening computer security, and protecting intellectual property rights. Currently,...
21st Century Community Learning Centers: Evaluation and Implementation Issues
The 21st CCLC program was originally authorized as Part I of Title X, of the Elementary and Secondary Education Act (ESEA), as amended. This program was reauthorized as part of the reauthorization of the ESEA by the No Child Left Behind Act of 2001, P.L. 107-110, and was signed into law on January 8, 2002. This report discusses implementation of the reauthorized 21st CCLC program, and the recent evaluation of the program and its implications.
Many states have devoted significant efforts to respond to the desire for home and community-based care for persons with disabilities and their families. Nevertheless, financing of nursing home care, chiefly by Medicaid, still dominates most states’ spending for long-term care today. To assist Congress in understanding issues that states face in providing long-term care services, the Congressional Research Service (CRS) undertook a study of 10 states in 2002. This report, one in a series of 10 state reports, presents background and analysis about long-term care in Indiana.
Copyright Law's "Small Business Exception": Public Performance Exemptions for Certain Establishments
The Copyright Act grants specific exclusive rights to the owners of copyrighted works. Among the rights conferred upon the composer of a musical work is the authority to "perform the work publicly." This right is implicated when small businesses, including bars, cafes, and restaurants broadcast background music from either the radio, television or from recordings such as compact discs. While the general provisions of the Copyright Act require that these businesses obtain licenses to play background music, there are exemptions, which were expanded when Title II of the "Sonny Bono...
Authorization and Appropriations for FY2004: Defense
With passage of the FY2004 DOD Authorization Act by the House on November 7 and by the Senate on November 12, 2003, Congress completed action on this year's defense authorization ( H.R. 1588 / H.Rept. 108-384 ). The President signed the bill on November 24, 2003 ( P.L. 108-384 ). On September 30, just in time for the new fiscal year, the President signed H.R. 2658 , the FY2004 DOD Appropriations Act ( P.L. 108-87 ), completing action on FY2004 defense appropriations. The recently enacted FY2004 DOD authorization bill provides a total of $401.3 billion for defense programs, including...
Sports Legislation in the 108th Congress
As a result of increasing conflict within the sports industry over the past few decades, Congress and federal agencies have given greater attention to public policy issues associated with amateur and professional sports in the United States. Congress has focused on sports in the context of the following public policy areas: antitrust, labor relations, immigration, player and fan violence, broadcasting and cable issues, taxation, drug abuse and testing, federal spending related to the conduct of U.S.-held Olympic Games, sports franchise relocations, legal and illegal gambling, oversight of...
Fair Credit Reporting Act: Preemption of State Law
Generally, the Fair Credit Reporting Act (FCRA) only preempts state laws that are inconsistent with the federal law. However, there are a number of specific provisions of the Fair Credit Reporting Act under which states may not enact laws that impose additional requirements or prohibitions. The original preemption provisions were set to expire at the end of 2003. After January 1, 2004, states would have been able to enact laws relating to the areas currently addressed only under federal law. However, the recently enacted Fair and Accurate Credit Transactions Act of 2003 ( P.L. 108-159...
Coup in Georgia [Republic]: Recent Developments and Implications
This report examines the ouster of Georgia's President Eduard Shevardnadze in the wake of a legislative election that many Georgians viewed as not free and fair. Implications for Georgia and U.S. interests are discussed. This report may be updated as events warrant. See also CRS Report 97-727 , Georgia; and CRS Issue Brief IB95024, Armenia, Azerbaijan, and Georgia , updated regularly.
The House's Corrections Calendar
This report discusses the establishment of the "Corrections Day," a concept credited to Michigan Governor John Englerwhich, which is a procedure for repealing "the dumbest things the federal government is currently doing."
Rebuilding the Iraqi Media: Issues for Congress
This report discusses the U.S. efforts to rebuild Iraqi media after the fall of Saddam Hussein's rule.
Military Family Tax Relief Act of 2003
The Military Family Tax Relief Act of 2003, H.R. 3365 , became P.L. 108-121 on November 11, 2003. The Act provides various types of tax relief to members of the Armed Forces. Additionally, the Act suspends the tax-exempt status of organizations involved in terrorist activities, offers tax relief to astronauts who die in the line of duty, and extends the authorization for certain customs user fees.
Japan-North Korea Relations: Selected Issues
Japan and North Korea have not established official relations since the Korean Peninsula, which the Japanese Empire annexed in 1910, was liberated from Japanese rule and divided into two separate states following Japan's defeat in World War II. Attempts to establish normal relations in the early 1990s and again in 2000 ended in failure, due to seemingly unresolvable obstacles. In September 2002, a one-day summit was held in Pyongyang between Japanese Prime Minister Junichiro Koizumi and North Korean leader Kim Jong-il, the first ever between the leaders of the two countries. Koizumi and...
The Constitution designates the Vice President of the United States as the presiding officer of the Senate and further provides that in the absence of the Vice President, the Senate may elect a President pro tempore, who by custom, is usually the most senior Senator of the majority party, to perform the duties of the chair. In daily practice, however, the duties and functions of the chair are carried out by an acting President pro tempore, and temporary presiding officers, often junior Senators, who rotate in the chair for shifts of generally one hour each. Since 1977, only majority-party...
In a broad effort to obtain U.S. exemptions from International Criminal Court (ICC) jurisdiction, the Bush Administration has sought to conclude bilateral agreements worldwide that would prohibit the transfer of U.S. citizens to the ICC. The European Union has strongly promoted the ICC and is opposed to the U.S.- proposed agreements. This report addresses twelve countries of east central Europe affected by the U.S. and European policies -- Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Estonia, Latvia, Lithuania, the former Yugoslav Republic of Macedonia, Romania, Serbia and Montenegro,...
More than 80 benefit programs provide aid -- in cash and noncash form -- that is directed primarily to persons with limited income. Such programs constitute the public "welfare" system, if welfare is defined as income-tested or need-based benefits. This definition omits social insurance programs like Social Security and Medicare. Income-tested benefit programs in FY2002 cost $522.2 billion: $373.2 billion in federal funds and $149 billion in state-local funds (Table 1) . Welfare spending represented almost 19% of all federal outlays, with medical aid accounting for 8% of the budget....
Military aviation safety is a concern to policy makers in both the Department of Defense (DoD) and Congress. DoD is concerned about improving safety because aviation accidents erode DoD's war fighting capabilities in many tangible and intangible ways. DoD aviation accidents are classified by the severity of injury or property damage. Class A accidents are the most severe events and the rate at which these accidents occur is the most frequently used yardstick for measuring aviation safety. The Office of the Secretary of Defense, and the military Services (including the Coast...
The Budget for Fiscal Year 2003
This report discusses the budget for fiscal year 2003. It debates issues such as budget action, receipts surpluses or deficits, and the economy.
Russia's Arrest of "Oligarch" Mikhail Khodorkovskiy: Background and Implications for U.S. Interests
This report discusses the Russian government's arrest of "oligarch" Mikhail Khodorkovskiy in late October 2003 and other moves against his Yukos oil company. The background of the arrest and subsequent political and economic fallout are presented, as well as implications for Russia and U.S. interests. This report may be updated as events warrant. Related products include CRS Issue Brief IB92089, Russia , updated regularly.
From Burma to Thailand: Refugee Flows and U.S. Policy
The ruling military junta in Burma, the State Peace and Development Council (SPDC), has been involved in a series of attacks against Burmese minorities. Refugees from Burma currently living in Bangladesh and Thailand come from a variety of ethnic groups that have fled attacks on their villages by the Burmese army and warlords. Seven ethnic groups—Shan, Karen, Karenni, Mon, Chin, Arakan, and Kachin—have been particularly victimized. Approximately 135,000 refugees from Burma reside in camps in Thailand. The United Nations High Commissioner for Refugees (UNHCR) has worked with the Thai...
United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
Since 1950, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has provided relief and social services to registered Palestine refugees living mostly in the West Bank and Gaza Strip, but also in Jordan, Lebanon, and Syria. Ninety-five percent of the UNRWA budget is funded through voluntary contributions from governments and the European Union. U.S. contributions to UNRWA come from the regular Migration and Refugee Assistance (MRA) account and also through the Emergency Refugee and Migration Assistance (ERMA) account. The U.S. contribution to UNRWA...
Federal Grazing Regulations: Public Lands Council v. Babbitt
New regulations on livestock grazing on lands managed by the Bureau of Land Management became effective August 21, 1995. Many aspects of the new regulations were challenged in Public Lands Council v. Babbitt , 529 U.S. 728 (2000). A federal district court upheld many of the regulations, but struck down four of them and enjoined their implementation. At the appellate level, only the new regulation allowing "conservation use" of a grazing allotment to the exclusion of livestock grazing for the full term of a permit was held invalid. In a unanimous opinion, the Supreme Court on May 15,...
UNESCO Membership: Issues for Congress
On October 1, 2003, the United States returned to full membership in UNESCO, the United Nations Educational, Scientific and Cultural Organization. President Bush had announced the U.S. return a year earlier during his speech before the U.N. General Assembly. The Administration requested $71.429 million for FY2004 for the U.S. return to UNESCO. This amount included funds for the last 3-months of calendar year 2003, full funding for calendar year 2004, and a one-time payment to the UNESCO Working Capital Fund of $5.5 million. The U.S. share of the UNESCO budget is 22% (the largest of any...
Diplomatic Immunity: History and Overview
Since ancient times, the concept of diplomatic immunity has been recognized in relationships between sovereign entities. More recently, the Vienna Convention on Consular Relations served to codify customary practice concerning the recognition and scope of diplomatic immunity. This report describes the history behind the principle of diplomatic immunity, as well as international and domestic law concerning the scope of this immunity.
The BioWatch Program: Detection of Bioterrorism
The anthrax mailings of 2001 increased public and governmental awareness of the threat of terrorism using biological weapons. The federal response to this threat includes increases in countermeasure research funding, greater investment in public health infrastructure, and greater preparation of first responders who might be the first to encounter such weapons in an event. The new Department of Homeland Security (DHS) has made preparation against biological weapon attack a priority and deployed the BioWatch Program to provide early warning of a mass pathogen release. The BioWatch Program...
Copyright Law: Statutory Royalty Rates for Webcasters
This report surveys the procedures for and the results of the Copyright Arbitration Royalty Panel’s (CARP’s) February 20, 2002 Report making recommendations for statutory royalty rates for eligible nonsubscription webcasters.
Nunn-Lugar Cooperative Threat Reduction Programs: Issues for Congress
Congress established the Nunn-Lugar Cooperative Threat Reduction (CTR) program in 1991, authorizing the use of Defense Department funds to assist with the safe and secure transportation, storage, and dismantlement of nuclear, chemical and other weapons in the former Soviet Union. Initially, many supported U.S. assistance as an emergency response to fears about a loss of control over nuclear weapons in the disintegrating Soviet Union. Now, many see the CTR program as a part of a more comprehensive threat reduction and nonproliferation effort. Congress has demonstrated continuing support...
Chemical Weapons Convention: Issues for Congress
More than 100 years of international efforts to ban chemical weapons culminated January 13, 1993, in the signing of the Chemical Weapons Convention (CWC). The Convention entered into force April 29, 1997. One hundred fifty-three of the 178 signatories have ratified the Convention. On April 24, 1997, the Senate passed the CWC resolution of ratification ( S.Res. 75 , 105th Congress) by a vote of 74-26. President Clinton signed the resolution and the United States became the 75th nation to ratify the CWC Convention, and Congress retains a continuing oversight role in its implementation. The...
Federally Funded Research and Development Centers (FFRDCs) were first established during World War II to provide specific defense research and development (R&D) capabilities that were not readily available within the federal government or the private sector. The federal government currently operates 36 FFRDCs. Title III of the Department Homeland Security (DHS) Act ( P.L.107-296 ) calls for the creation of one or more FFRDCs , including a Homeland Security Institute. On September 10th, the DHS released a "Sources Sought" notice requesting that contractors indicate their interest in...
Climate Change: Federal Research and Technology and Related Programs
For over 20 years there have been federal programs directly or indirectly related to climate change. Direct programs have focused largely on scientific research to improve the capability to understand climate systems and/or predict climatic change and variability. Energy use has been a major focus of efforts related to possible climate change because carbon dioxide, the major "greenhouse gas," is added to the atmosphere when fossil fuels are burned. Those efforts, which sought to reduce oil imports, manage electricity needs, and address environmental concerns including climate...
In a nationwide address on September 7, 2003, the President announced that he would request an additional $87 billion for ongoing military operations and for reconstruction assistance in Iraq, Afghanistan, and elsewhere. On September 17, the White House submitted a formal request for FY2004 supplemental appropriations of that amount to Congress. Administration officials said they would like to see congressional action completed some time before October 24, when an international donors conference was scheduled to meet in Madrid to seek pledges of economic assistance for Iraq. On October...
DOD Transformation Initiatives and the Military Personnel System: Proceedings of a CRS Seminar
On April 9, 2003, the Congressional Research Service sponsored a seminar for the purpose of examining the Department of Defense's transformation plans, assessing the impacts these plans might have on the military personnel system, and discussing what issues these impacts might raise for Congress. This report summarizes that seminar and provides a transcript of it. The impetus for this seminar was the Department of Defense's ongoing efforts to "transform" the U.S. military. There are a number of competing definitions of precisely what "transformation" is, but the term generally refers to...
The American Steel Industry: A Changing Profile
The U.S. steel industry has faced increasing difficulties since the late 1990s. About 40 U.S. steel producers have gone into bankruptcy. While different companies and parts of the industry have been affected to different degrees, the two types of domestic producers of raw steel, integrated mills and minimills, have both supported restrictions on imports, which they say have undermined the ability of the U.S. industry to produce steel economically. This report reviews industry developments and the economic situation of the steel industry, including legacy cost aspects of its problems.
Electronic Banking: The Check Truncation Issue
The clearing process for checks is more expensive than other methods of payment which are cleared electronically, such as credit cards and Internet banking. The main reason is that check clearing requires banks to physically present and return checks unless they obtain legal agreements to clear electronically. The Check Clearing for the 21st Century Act of 2003 ( P.L. 108-100 ) eliminates the requirement to physically return the original checks to the paying bank. Before the bill by the same title became law, on April 3, 2003, the Senate held its first hearing on the Fed's Check...
North Korean Supporters in Japan: Issues for U.S. Policy
The Chosen Soren (Chongryun in Korean), a group of pro-Pyongyang ethnic Koreans permanently residing in Japan, has come under heightened scrutiny as U.S. and Japanese policy makers seek new ways to stop North Korea's nuclear weapons program. With the six-party talks currently at a standstill, the United States and its allies are seeking ways to pressure economically and politically the Pyongyang regime to abandon its nuclear weapons program. The Chosen Soren organization has long supported North Korea by facilitating trade, remitting cash donations, establishing personal contacts, and...
Funding for Military and Peacekeeping Operations: Recent History and Precedents
Congress recently completed action on the Bush Administration's FY2004 supplemental budget request to fund continuing military operations and reconstruction in Iraq and Afghanistan. It was signed into law, P.L. 108-106 , on November 6, 2003. A major issue in the congressional debate on this, and other such supplementals of the past, is whether military and peacekeeping operations should be funded with supplemental requests or via the regular defense appropriations process. Some Members of Congress have urged the President to include the costs of current and future operations in Iraq and...
Highway Rights of Way on Public Lands: R.S. 2477 and Disclaimers of Interest
A succinct provision in an 1866 statute known as "R.S. 2477" granted rights of way across unreserved federal lands for "the construction of highways." The provision was repealed in 1976 by the Federal Land Policy and Management Act (FLPMA), an act that also protected valid rights of way already established by that time. What definitions, criteria, and law should be applied to confirm or validate these R.S. 2477 rights of way has been controversial. The issues are important to states and communities whose highway systems are affected. The issues are also important because the rights of...
Appropriations for FY2004: Military Construction
The military construction (MilCon) appropriations bill provides funding for (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) the bulk of base realignment and closure (BRAC)costs.
The President forwarded his fiscal year 2004 budget request to the Congress on February 3, 2003. The original military construction request of $9.0 billion was later increased to $9.2 billion due to reprogramming from the defense appropriations bill ( H.R. 2658 )...
The Cancun Ministerial Conference of the World Trade Organization(WTO) broke up without reaching agreement on the course of future multilateral trade negotiations. Negotiations on the Doha Development Agenda have proceeded at a slow pace since the launch of the new round in November 2001. The immediate cause of the collapse of talks was disagreement over launching negotiations on the Singapore issues, but agriculture and industrial market access issues were also sources of contention. Reaction from the United States has been to focus on regional and bilateral talks, while the European...
Azerbaijan's 2003 Presidential Election and Succession: Implications for U.S. Interests
This report discusses the victory of Ilkham Aliyev -- the son and designated political heir of ailing incumbent Heydar Aliyev -- in Azerbaijan's October 15, 2003, presidential election. It describes the campaign and results, and examines implications of this political succession for Azerbaijani and U.S. interests. This report will not be updated. Related reports include CRS Issue Brief IB95024, Armenia, Azerbaijan, and Georgia , updated regularly.
The New York Stock Exchange: Governance and Market Reform
As the world’s largest stock exchange and a key part of the U.S. economy, the NYSE is a central focus of Congress’s oversight of financial markets. This report sets out the basic issues in NYSE governance and market structure.
Election Reform and Electronic Voting Systems (DREs): Analysis of Security Issues
In July 2003, computer scientists from Johns Hopkins and Rice Universities released a security analysis of software purportedly from a direct recording electronic (DRE) touchscreen voting machine of a major voting-system vendor. The study drew public attention to a long-simmering controversy about whether current DREs are vulnerable to tampering that could influence the outcome of an election. Many innovations that have become familiar features of modern elections, such as the secret ballot and mechanical lever voting machines, originated at least in part as a way to reduce...
U.S. Trade Policy and Changing Domestic and Foreign Priorities: A Historical Overview
U.S. trade policy involves actions that influence the flow and composition of goods, services, and investments. Resting at the intersection of domestic and foreign policy, trade policy seeks to promote both domestic and foreign policy objectives, economic as well as political. Viewed in historical perspective, foreign policy priorities have dominated U.S. trade policy decisions over long periods of time; conversely, domestic policy priorities have held sway in other eras. In today’s post September 11th world, foreign policy and national security priorities may be gaining increased...
A Review of Medical Child Support: Background, Policy, and Issues
Medical child support is the legal provision of payment of medical, dental, prescription, and other health care expenses of dependent children. It can include provisions to cover health insurance costs as well as cash payments for unreimbursed medical expenses. According to 2001 Child Support Enforcement (CSE) data, 93% of medical child support is provided in the form of health insurance coverage. The requirement for medical child support is apart of all child support orders (administered by CSE agencies), and it only pertains to the parent's dependent children. Activities undertaken by...
Agricultural Trade in the Free Trade Area of the Americas
Leaders of Western Hemisphere countries have agreed to negotiate a Free Trade Area of the Americas (FTAA) agreement by 2005. FTAA's objective is to promote economic growth and democracy by eliminating barriers to trade in all goods (including agricultural and food products) and services, and to facilitate investment. If diplomats reach agreement, free trade in the hemisphere could occur by 2020. Negotiations on FTAA's agriculture component have become contentious. FTAA's negotiating objectives for agriculture call for removing tariffs and other barriers to agricultural imports in...
High-Threat Biological Agents: Characteristics, Effects, and Policy Implications
The anthrax mailings in 2001, which culminated in 5 deaths, 22 infections, and contamination of both postal and congressional buildings, intensified concerns about terrorist use of biological agents. This event increased Congressional interest in actions to limit the vulnerability of the United States to such attacks. High-threat biological agents, defined by the Centers for Disease Control and Prevention as Category A pathogens, are considered relatively easy to disseminate, have high mortality, and have the potential for major public health impacts. High-threat biological agents cause...
Industry Trade Effects Related to NAFTA
The North American Free Trade Agreement (NAFTA), signed by President George Bush on December 17, 1992, has been in effect since January 1994. After eight years of implementation, the full effects of NAFTA on the U.S. economy are still unclear. There are numerous indications that NAFTA has achieved many of the trade and economic benefits that proponents claimed it would bring, although there have been adjustment costs. However, there is not enough evidence to quantify the impacts on specific U.S. industries. Some studies show that the agreement has had an overall positive effect on the U.S....
Africa's Great Lakes region is slowly becoming more stable after almost a decade of conflicts. The region remains vulnerable, however, since armed rebel groups are active in eastern Congo, Burundi, Rwanda and northern Uganda. This report discusses conflicts in these areas in detail, as well as U.S.-led efforts to reach peaceful resolutions.
The History of the Blue Slip in the Senate Committee on the Judiciary, 1917-Present
The blue-slip process had its genesis in the Senate tradition of senatorial courtesy. Under this informal custom, the Senate would refuse to confirm a nomination unless the nominee had been approved by the home-state Senators of the President's party. The Senate Committee on the Judiciary created the blue slip (so called because of its color) out of this practice in the early 1900s. Initially, the blue slip permitted Senators, regardless of party affiliation, to voice their opinion on a President's nomination to a district court in their state or to a circuit court judgeship...
The "FTO List" and Congress: Sanctioning Designated Foreign Terrorist Organizations
The purpose of this report is to provide Congress with an overview of the nature and status of the designated foreign terrorist organizations list, as a potential tool in overseeing the implementation and effects of U.S. legislation designed to sanction terrorists. It centers on the list of terrorist groups that are formally designated by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act, as amended under the Antiterrorism and Effective Death Penalty Act of 1996 ( P.L. 104-132 ). These groups are often collectively referred to as the "FTO list." FTO...
Reorganization of the House of Representatives: Modern Reform Efforts
On January 7, 2003, the House created a Select Committee on Homeland Security. One of its responsibilities is to conduct a "thorough and complete study of the operation and implementation of the rules of the House, including Rule X, with respect to the issue of homeland security." The select committee is required to submit its recommendations on possible changes to the Committee on Rules not later than September 30, 2004. Numerous official and unofficial reviews by Congress have been conducted in the past 60 years. Three joint committees, two select committees, two commissions, and...
Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America
U.S. soybean growers and trade officials charge that Argentina and Brazil -- the United States' two major export competitors in international soybean markets -- gain an unfair trade advantage by routinely saving genetically-engineered (GE), Roundup Ready (RR) soybean seeds from the previous harvest (a practice prohibited in the United States) for planting in subsequent years. These groups also argue that South American farmers pay no royalty fees on the saved seed, unlike U.S. farmers who are subject to a technology fee when they purchase new seeds each year. The cost saving to South...
Missile Proliferation and the Strategic Balance in South Asia
This report analyzes the policy implications of missile proliferation in South Asia, providing information on India's and Pakistan's missile programs and their role in regional security. The report also provides background on the India-Pakistan conflict and the U.S. role, and reviews the region's strategic security dynamics. The report concludes with a review of key issues and options for U.S. policy. The United States has long been concerned about the proliferation of nuclear weapons and their delivery systems in South Asia. This concern became acute after May 1998, when both India...
Animal Agriculture: Selected Issues in the 108th Congress
Animal agriculture accounts for a significant segment of U.S. agriculture: in 2002, for example, U.S. Farmers and ranchers received $94 billion from the sale of animal products, or about half of all U.S. Farm cash receipts.
Various issues important to animal agriculture have generated interest among lawmakers in the first session of the 108th Congress. For example, under the 2002 farm bill ( P.L. 107-171 ) many food stores in 2004 must provide country-of-origin labeling (COOL) on ground and fresh cuts of beef, pork, and lamb. The House-passed USDA appropriation for FY2004 ( H.R. 2673 )...
Reorganization of the Senate: Modern Reform Efforts
Numerous reviews of the operations and structure of the Senate have been conducted in the past 60 years. Three joint committees, two select committees, two commissions, one study group, one standing committee, and party conferences have studied various aspects of the Senate and its committee system. The contemporary Senate is primarily a product of two major laws and a significant overhaul of Senate Rules. The Legislative Reorganization Act of 1946, among other things, codified committee jurisdictions, streamlined the committee system, and instituted a professional committee staffing...
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and...
Comparing Quota Buyout Payments for Peanuts and Tobacco
Legislation is pending in the 108th Congress ( S. 1490 , H.R. 3160 ) to eliminate tobacco quotas and compensate quota owners (whether they are absentee owners or active producers) at the rate of $8 per quota pound. Active producers would lose price support, but would receive a lump sum transition payment of $4 per pound on their production history, including the quota they own as well as any quota they rent. A precedent for quota buyouts was established in the 2002 farm bill, which terminated peanut quotas and compensated the owners with a $0.55 per pound payment. Active peanut producers...
This report examines trends and contributing factors in Unemployment Compensation (UC) benefit exhaustion rates. To counter the disincentive effect of benefit receipt, most state UC programs limit the duration of UC benefits to a maximum of 26 weeks and many require some evidence of a job search. The limited duration of UC benefits results in some unemployed individuals exhausting their benefits before finding work or voluntarily leaving the labor force. Furthermore, the availability of compensation (UC benefits) may create disincentives to search for and accept reemployment....
An Enhanced European Role in Iraq?
Bush Administration officials have said that they wish to see NATO countries contribute forces to bring stability to Iraq, possibly as part of a U.S.-led NATO or U.N. force. Key European allies such as France and Germany would first like to see a new U.N. mandate that would include objectives, such as a timetable for turnover of authority to Iraqis and a transparent process for improving Iraq's petroleum industry, that the Administration now opposes. Some European allies do not wish to serve under a U.S. command in Iraq; other European allies already have troops in Iraq. Administration...
Recently, controversy has surfaced over the rate of pay for two specific types of military compensation: Hostile Fire/Imminent Danger Pay (HF/IDP) and the Family Separation Allowance (FSA). The rates for these forms of compensation were temporarily increased for FY2003 by the Emergency Wartime Supplemental Appropriations Act, 2003, and extended by a continuing resolution, H.J.Res. 69 . If no further action is taken by Congress, the statutory authority for the higher rates will expire on October 31, 2003. However, both the House and Senate versions of the 2004 Emergency Supplemental...
Climate Change: Senate Proposals to Reduce Greenhouse Gas Emissions
A number of congressional proposals to advance programs that reduce greenhouse gases have been introduced in the 108th Congress. Proposals receiving particular attention would create a market-oriented greenhouse gas reduction program along the lines of the trading provisions of the current acid rain reduction program established by the 1990 Clean Air Act Amendments. One bill ( S. 139 ) focuses directly on reducing greenhouse gas emissions, while two others ( S. 366 and S. 843 ) incorporate carbon dioxide reduction schemes into an overall framework to reduce pollution from power plants....
This CRS Report discusses security concerns, significant congressional and administration action, and a comprehensive chronology pertaining to satellite exports to the PRC. The report discusses issues for U.S. foreign and security policy (including that on China and weapons nonproliferation), such as: What are the benefits and costs of satellite exports to China for U.S. economic and security interests? Should the United States continue, change, or cease the policy in place since the Reagan Administration that has allowed exports of satellites to China (for its launch and – increasingly –...
Congress has been concerned about whether U.S. firms, in activities connected with exporting satellites, provided expertise to China for use in its ballistic missile and space programs and whether U.S. policy has facilitated transfers of military-related technology to China. This CRS Report discusses security concerns, policy changes, congressional action, and a chronology of major developments since 1988 under President Reagan. It is updated as warranted. Some critics opposed satellite exports to China, while others were concerned that the Clinton Administration relaxed export controls...
The Environmental Protection Agency's FY2004 Budget
For FY2004, the President’s budget requested $7.6 billion in budget authority for the Environmental Protection Agency (EPA), $448 million (or 6%) less than the $8.1 billion current funding level. The House approved $8.0 billion in H.R. 2861 (H.Rept. 108-235) on July 25. Senate action is anticipated in September. The request consisted of $3.1 billion for EPA operating expenses, $3.1 billion for assisting state and local governments, and $1.4 billion for cleaning up Superfund toxic waste sites. Wastewater infrastructure needs and the future of Superfund are prominent topics.
On September 23, 2003 an eleven member panel of the U.S. Court of Appeals for the Ninth Circuit unanimously reversed the decision in Southwest Voter Registration Education Project v. Shelley in which a three-judge panel of the Ninth Circuit had ordered the California gubernatorial recall election postponed. The en banc panel determined that the plaintiffs had not shown a strong likelihood of success on the merits of their argument that holding the recall election on October 7, 2003 would violate the Equal Protection Clause of the U.S. Constitution because voters in counties that use...
College Costs and Prices: Background and Issues for Reauthorization of the Higher Education Act
Based on available data, college tuition and fees have been rising more rapidly than household income over the past 2 decades. The divergence is particularly pronounced for low-income households and becomes less pronounced as household income increases. In analyzing price increases, researchers have considered whether a relationship exists between federal aid and price increases. There are several ways Congress could consider addressing the issue, such as imposing price controls, offering incentives for controlling prices or costs, ensuring the public is better educated about college cost...
The Alien Tort Statute: Legislative History and Executive Branch Views
The Alien Tort Statute (ATS), also known as the Alien Tort Claims Act (ACTA), provides that "district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." The Second Circuit's 1980 decision in Filartiga v. Pena-Irala, a case involving torture and wrongful death that occurred in Paraguay, opened the door for the use of the ATS for aliens to assert jurisdiction in federal court for human rights violations and other violations of international law. Since 1980, the ATS has...
Disaster Relief and Response: FY2003 Supplemental Appropriations
Federal departments and agencies are authorized to undertake a range of emergency management activities, including disaster relief and response efforts. The Department of Homeland Security (DHS) has primary responsibility, but other departments and agencies provide grants and loans to disaster victims and reimburse state and local governments overwhelmed by costs associated with clearing debris and rebuilding facilities, among other forms of assistance. FY2003 supplemental funding for these activities has been the issue of debate.
Weapons of Mass Destruction Counterproliferation: Legal Issues for Ships and Aircraft
President Bush outlined a specific plan to counter WMD proliferation in his National Strategy to Combat Weapons of Mass Destruction of December, 2002. The Administration's plan combines efforts aimed at counterproliferation, nonproliferation, and WMD consequence management. The intent, it says, is to eliminate or "roll back" WMD in the possession of certain States and terrorist groups, including potentially the use of force and aggressive methods of interdiction of WMD-related goods, technologies, and expertise. The use of interdiction as a counterproliferation measure appears to be part...
Tax Rules and Rulings Specifically Applicable to Members Of Congress
This report examines provisions of federal law, and interpretations thereof, which provide tax rules with specific applicability to Members of Congress. These include rules applicable only to Members and rules that, while generally applicable, apply in some specific way to Members. Topics covered include: immunity from certain State and local income and personal property taxes; specific rules for certain items which must be included in gross income for federal tax purposes (including honorarium and official allowances); rules allowing certain amounts to be excluded from gross income; and...
Defense Research: DOD's Research, Development, Test and Evaluation Program
The Administration has requested $34.4 billion for the Department of Defense (DOD) Research, Development, Test and Evaluation (RDT&E) program for FY2000. This is almost $3 billion below what was available for RDT&E in FY1999. In addition, the 6-year budget would maintain RDT&E between $34 billion and $35 billion over the next 6 years. In constant dollars, RDT&E spending will decline.
Immigration of Religious Workers: Background and Legislation
A provision in immigration law that allows for the admission of immigrants to perform religious work is scheduled to sunset on September 30, 2003. Although the provision has a broad base of support, some have expressed concern that the provision is vulnerable to fraud. The foreign religious worker must be a member of a religious denomination that has a bona fide nonprofit, religious organization in the United States, and must have been in the religious vocation, professional work, or other religious work continuously for at least 2 years. Bills ( H.R. 2152 / S. 1580 ) to extend the...
Agriculture in WTO Negotiations
The World Trade Organization's (WTO) fifth ministerial conference (held September 10-14, 2003 in Cancun, Mexico) ended without an agreement on a framework for continuing multilateral negotiations on agricultural trade liberalization. The inconclusive end of the Cancun ministerial places in doubt the ability of WTO member countries to complete the current round of negotiations by the scheduled January 1, 2005 deadline. WTO member countries launched this new round of multilateral trade negotiations in November 2001 at the WTO's fourth ministerial conference in Doha, Qatar. Because of its...
First Responder Initiative: Policy Issues and Options
This report provides background information and policy analysis pertinent to proposals to restructure first responder assistance programs. Specifically, this report provides information on existing programs, appropriations, legislation in the 108th Congress, and selected policy issues. This report does not discuss all relevant policy issues, but, rather, those issues that may be germane to any significant restructuring of existing programs.
Foreign Investor Protection Under NAFTA Chapter 11
Chapter 11 of the North American Free Trade Agreement (NAFTA) affords various protections to investors of one signatory nation having investments in the territory of another. Such foreign-investor protections exist in the large majority of modern bilateral investment treaties, but NAFTA is different. NAFTA is apparently the only instance where such protections, including a mechanism for resolving investor-state disputes by binding arbitration, have been made available for use against the United States by countries (Mexico and Canada) that invest heavily in the U.S. NAFTA, that is, has...
European Union Candidate Countries: 2003 Referenda Results
The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia held public referenda from March through September 2003 on becoming members of the European Union (EU). These nine countries plus Cyprus are expected to accede to the EU in May 2004, bringing the EU's total membership to twenty-five. This report briefly analyzes the referenda results and implications. It will not be updated. For additional information see CRS Report RS21344 , European Union Enlargement .
Congressional Intervention in the Administrative Process: Legal and Ethical Considerations
When congressional committees engage in oversight of the administrative bureaucracy, or when Members of Congress intervene in agency proceedings on behalf of private constituents or other private entities with interests affecting the Members’s constituency, such interventions involve varying degrees of intrusion into agency decisionmaking processes. This report will briefly examine the currently applicable legal and ethical considerations and standards that mark the limits of such intercessions.
The report initially reviews the judicial development and application of standards for...
Legal Analysis of H.R. 1429, the "One Strike and You're Out! Act of 2003"
H.R. 1429 would create an exception for victims of domestic violence from current federal law and policy mandating zero tolerance for criminal activity in federally assisted housing. Under HUD's "One Strike Policy," tenants may be held strictly liable and evicted by public housing authorities for criminal behavior by "a tenant, any member of a tenant's household, a guest or another person under the tenant's control." Reportedly, the policy has been applied to evict public housing tenants who were victims of domestic violence at the hands of their own household members or guests. The...
The Electoral College: Reform Proposals in the 107th Congress
Seven proposals to reform the Electoral College system have been introduced to date in the 107th Congress. H.J.Res. 3 (Representative Green of Texas), and H.J.Res. 5 (Representative Delahunt) would eliminate the electoral college, substituting direct popular election of the President. H.J.Res. 1 (Representative Clyburn), H.J.Res. 18 (Representative Engel), and H.J.Res. 37 (Representative Clement) would incorporate the “district” method of awarding electoral votes, and H.J.Res. 17 (Representative Engel) would provide for proportional award of electoral votes. H.J.Res. 25 (Representative...
Debate over the future of federal support for highway research and development (RD) and technology deployment (TD) is part of the broader debate over reauthorization of federal policy regarding highway and transit programs. This report discusses the scope and nature of the RD and TD program of the Federal Highway Administration (FHWA) and surveys issues associated with its reauthorization.
Surface Transportation and Aviation Extension Legislation: A Historical Perspective
Congress is currently considering the issue of providing extension legislation to keep surface transportation and aviation programs operating beyond October 1, 2003. In the case of surface transportation, congressional authorizing and tax committees have been unable to reach final agreement on the details of a multi-year reauthorization bill. For aviation it is not clear that conference agreed upon legislation ( H.R. 2115 ) will be brought before either the House or the Senate before October 1st and may be reconsidered at a later date. In order to keep certain federal transportation...
Russian Oil and Gas Companies and Central and Eastern Europe
The collapse of the Warsaw Pact in 1989, and of the Soviet Union itself in 1991, heralded a major reduction in Russian influence in Central and Eastern Europe during the 1990s. Russia's armed forces and the Russian economy went into steep decline. In recent years, one key sector of the Russian economy, the Russian oil and gas sector, has shown signs of revival. The Russian energy sector occupies a central place in Russia's economy and political system. In 2000, the energy sector accounted for 16% of Russia's GDP, 29% of the gross value of industrial output, 45%-48% of Federal budget...
Among the many issues in the ongoing national discussion about the Internet is its use in the voting process. Because voting determines who runs the government and entails two absolute requirements -- the secret ballot and security from fraud -- the stakes are higher than for many other transactions routinely conducted via the Internet. Public confidence about Internet security is increasing, but many feel that voting online requires a degree of security from fraud beyond the current standard for everyday Internet use. The National Defense Authorization Act for FY2002 and the Help...
Crime Control: The Federal Response
Under the federal system in the United States, the states and localities traditionally have held the major responsibility for prevention and control of crime and maintenance of order. For most of the Republic’s history, “police powers” in the broad sense were reserved to the states under the Tenth Amendment to the Constitution. Many still hold that view, but others see a string of court decisions in recent decades as providing the basis for a far more active federal role. Several bills are discussed in this report that address issues related to crime, juvenile justice, and Congress’...
Conventional Arms Transfers to Developing Nations, 1995-2002
This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world. The data in the report illustrate how global patterns of conventional arms transfers have changed in the post-Cold War and post-Persian Gulf War years.
Grants Work in a Congressional Office
Members of Congress often get requests from constituents for information and help in obtaining funds for projects. Many state and local governments, nonprofit social service and community action organizations, private research groups, small businesses, and individuals approach congressional offices to find out about funding, both from the federal government and from the private sector.
The success rate in obtaining federal assistance is not high, given the
competition for federal funds. A grants staff’s effectiveness often depends on both an understanding of the grants process and on the...
Nuclear Weapons and U.S. National Security: A Need for New Weapons Programs?
In the 2001 Nuclear Posture Review, the Bush Administration outlined a new role for U.S. nuclear weapons that goes beyond the concept of deterrence from the Cold War. It also identified a new targeting strategy that would seek to threaten specific capabilities in adversary nations. Furthermore, the Administration has pledged to restore and enhance the U.S. nuclear weapons infrastructure, as part of the U.S. effort to deter the emergence of new threats in the future. In implementing the NPR, the Administration has requested funding for studies on new types of nuclear weapons....
Fair Credit Reporting Act: Frequently Asked Questions
As financial privacy issues are debated in Congress, numerous questions about the Fair Credit Reporting Act (FCRA) have emerged. Enacted in 1970, the Fair Credit Reporting Act is the federal statute that establishes a regulatory framework for credit reporting in the United States and establishes a consumer’s rights with respect to his or her credit report. This report attempts to answer frequently asked questions about the Fair Credit Reporting Act.
Bomb-Making Online: An Abridged Sketch of Federal Criminal Law
Subsection 842(p) of title 18 of the United States Code outlaws teaching, demonstrating, or distributing information on how to make or use explosives, destructive devices, or weapons of mass destruction either when the offender intends the instruction or information to be used to commit a federal crime of violence or when the offender knows that a person to whom the instruction or information has been given intends to use it to commit a federal crime of violence. Passage stretched over three Congresses, delayed in part by First Amendment concerns, but ultimately bolstered by submission...
Extradition To and From the United States: Overview of the Law and Recent Treaties
“Extradition” is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred of the nations of the world. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. This is a brief overview of federal law in the area and of the adjustments in recent treaties to make them more responsive to American law enforcement interests.
Homeland Security Extramural R&D Funding Opportunities in Federal Agencies
This inventory identifies and lists websites for major federal agency homeland security programs that provide funding opportunities for extramural researchers to conduct research and development (R&D) for the government. Two tables are given, one on R&D in the Department of Homeland Security, and the second on homeland security R&D in other federal agencies. This report is not a complete list of all federal homeland security R&D programs. It will be updated as needed.
The U.S.-Chile Free Trade Agreement: Economic and Trade Policy Issues
On June 6, 2003, the United States and Chile signed a long anticipated bilateral free trade agreement (FTA) in Miami, Florida, concluding a 14-round negotiation process that began on December 6, 2000. Following hearings before the House Ways and Means, Senate Finance, and both Judiciary Committees, the House passed the U.S.-Chile Free Trade Implementation Act ( H.R. 2738 ) by a vote of 270 to 156, followed by the Senate one week later, 66 to 31. President George W. Bush signed the bill into law on September 3, 2003 ( P.L. 108-77 ) and it will take effect on January 1, 2004. Chile has now...
High-Threat Chemical Agents: Characteristics, Effects, and Policy Implications
Terrorist use of chemical agents has been a noted concern, highlighted after the Tokyo Sarin gas attacks of 1995. The events of September 11, 2001, increased Congressional attention towards reducing the vulnerability of the United States to such attacks. High-threat chemical agents, which include chemical weapons and some toxic industrial chemicals, are normally organized by military planners into four groups: nerve agents, blister agents, choking agents, and blood agents. While the relative military threat posed by the various chemical types has varied over time, use of these chemicals...
Severe Acute Respiratory Syndrome (SARS): The International Response
Severe Acute Respiratory Syndrome (SARS), a new highly infectious disease, was first identified by the World Health Organization (WHO) in February 2003. While the overall number of confirmed cases is not high by comparison with statistics for other infectious diseases, the distance and speed with which SARS spread raised an alarm over the potential risks to international public health. Containment appears to be working; however, there are fears that another SARS outbreak could take place during the regular influenza season later in 2003. The United States was instrumental in the global...
The Electoral College: How it Works in Contemporary Presidential Elections
The Constitution assigns each state a number of electors equal to the combined total of the state’s Senate and House of Representatives delegations; at present, the number of electors per state ranges from three to 55, for a total of 538. This report discuses constitutional origins, the electoral college today and explains the allocation of electors and electoral votes.
Fairness in Asbestos Injury Resolution Act of 2003 (S. 1125, 108th Congress)
This report summarizes salient features of S. 1125 , 108th Congress, the Fairness in Asbestos Resolution Act of 2003 (or FAIR Act of 2003), as reported by the Committee on the Judiciary on July 30, 2003 ( S.Rept. 108-118 ). S. 1125 would create the Office of Special Asbestos Masters, within the United States Court of Federal Claims, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously made payments related to asbestos claims filed against them, and by...
Creation of Executive Departments: Highlights from the Legislative History of Modern Precedents
On November 25, 2002, President George W. Bush signed legislation to establish a Department of Homeland Security ( P.L. 107-296 , 106 Stat. 2135). In the period from World War II until the establishment of this latest department, Congress also created or implemented major reorganizations of seven other Cabinet departments. This report provides a brief legislative history of the establishment of the Department of Homeland Security (DHS) and for the purpose of comparison, describes the principal elements of the legislative process that established the Departments of Defense; Health,...
Bomb-Making Online: Explosives, Free Speech, Criminal Law and the Internet
Subsection 842(p) of title 18 of the United States Code outlaws teaching, demonstrating, or distributing information on how to make or use explosives, destructive devices, or weapons of mass destruction either when the offender intends the instruction or information to be used to commit a federal crime of violence or when the offender knows that person to whom the instruction or information has been given intends to use it to a commit a federal crime of violence. Passage stretched over three Congresses, delayed in part by First Amendment concerns, but ultimately bolstered by submission...
Ozone and Particulate Air Quality: Should Deadlines for Attainment Be Extended?
Over the next year, Congress and the Environmental Protection Agency (EPA) will consider whether to maintain the Clean Air Act's strict requirements for areas that have not attained air quality standards. These "nonattainment" areas, many of which will be so designated for the first time as EPA implements more stringent standards for ozone and fine particles in 2004, must implement controls on pollution sources or face sanctions, including a cutoff of federal highway funds and requirements that new sources offset their emissions by reducing emissions at existing facilities. In its Clear...
NASA's Space Shuttle Columbia: Synopsis of the Report of the Columbia Accident Investigation Board
NASA's space shuttle Columbia broke apart on February 1, 2003 as it returned to Earth from a 16-day science mission. All seven astronauts aboard were killed. NASA created the Columbia Accident Investigation Board (CAIB), chaired by Adm. (Ret.) Harold Gehman, to investigate the accident. The Board released its report (available at http://www.caib.us ) on August 26, 2003, concluding that the tragedy was caused by technical and organizational failures. The CAIB report included 29 recommendations, 15 of which the Board specified must be completed before the shuttle returns to flight...
The Air Force KC-767 Tanker Lease Proposal: Key Issues For Congress
The Air Force wishes to replace its KC-135E aircraft by leasing 100 new Boeing KC-767 tankers. The Air Force indicates that leasing is preferred because it will result in faster deliveries than outright purchasing. Air Force leaders argue that a lease will allow them to husband scarce procurement dollars by making a small down payment. Although Congress authorized the proposed lease in the FY2002 DOD Appropriations Act, it stipulated that the defense oversight committees must approve the lease -- only the Senate Armed Services Committee has yet to approve. The lease proposal has been...
The Middle East and North Africa: Political Succession and Regime Stability
This report discusses the political future of various countries in the Middle East-North Africa (MENA) region. A change in the leadership in these countries could significantly affect their policies toward the United States and their willingness to cooperate with the United States in achieving the stability needed to advance U.S. interests in this important region.
Casework in a Congressional Office
This report and its appendices present a general overview of congressional office procedures associated with handling casework and the assistance provided by a Member of Congress to help constituents in their dealings with federal agencies. It discusses options for assisting Members’ constituents and the role of Members and staff in providing casework services.
Economic Development Administration: Overview and Issues
The Economic Development Administration (EDA), targeted for elimination or major “reinvention” early in the 104th Congress, gained a new lease on life in the waning days of the 105th. Having been kept alive via appropriations bills since its last authorizing legislation expired in 1982, P.L. 105-393 reauthorized the EDA and its programs for 5 years. On October 27, Congress approved a conference agreement recommending $286.7 million for EDAP and $28 million for S&E, for a totalFY2001 appropriation of$411.9 million for EDA. It became part of the Consolidated Appropriations Act (H.R. 4942,...
Interstate Compact on the Placement of Children: ICPC
The Interstate Compact on the Placement of Children ("ICPC") provides a uniform legal framework for the placement of children across State lines in foster homes and/or adoptive homes. At the present time, all fifty States, the District of Columbia, and the Virgin Islands have enacted the provisions of the ICPC in their individual laws. This report examines the ICPC, the regulations which implement the ICPC, and various federal laws which impact the ICPC.
Terrorists and Suicide Attacks
Suicide attacks by terrorist organizations have become more prevalent globally, and assessing the threat of suicide attacks against the United States and its interests at home and abroad has therefore gained in strategic importance. This report focuses on the following questions: What are suicide attacks? What have been the patterns and motivations for terrorist organizations using suicide attacks in the past? What terrorist groups and other organizations are most likely to launch such attacks? How great a threat are terrorist suicide attacks to the United States, at home and abroad?...
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major...
Electric Utility Policy: Comparison of House-Passed H.R. 6 and S.Amdt. 1412, 108th Congress
Electric utility provisions are included in comprehensive energy legislation that has passed both the House and Senate. The House passed H.R. 6 on April 11, 2003. On July 31, 2003, the Senate suspended debate on S. 14 , the comprehensive energy bill that had been reported by the Energy and Natural Resources Committee. It then passed H.R. 6 with the text of the Senate-passed version of H.R. 4 from the 107th Congress. For a comparison of the House- and Senate-passed versions of the bill, see CRS Report RL32033, Omnibus Energy Legislation: Side-by-Side Comparison of Non-Tax Provisions...
Redistricting and the Voting Rights Act: A Legal Analysis of Georgia v. Ashcroft
In Georgia v. Ashcroft, the Supreme Court found that a three-judge federal district court panel did not consider all of the requisite relevant factors when it examined whether the 2001 Georgia senate redistricting plan resulted in retrogression of black voters’ effective exercise of the electoral franchise in contravention of Section 5 of the Voting Rights Act of 1965, as amended (VRA). Section 5, which only applies to those states or political subdivisions that are considered “covered” under Section 4(b) of the VRA, requires that before any change in voting procedure can take effect, it...
Chaplain of the House: Selection and Related Procedures
House procedures to elect an officer during a Congress differ from those followed at the start of a Congress. A resolution to elect a replacement officer to fill a vacancy during a Congress is privileged and debatable under the hour rule. By statute, the Speaker has authority to appoint a temporary replacement officer, and in some cases, temporary appointments have continued in effect for the remainder of a Congress. This report describes the consultative process that ultimately led to Father Coughlin’s temporary appointment, and related parliamentary issues concerning the selection of...
Soon after taking office in 2001, President Bush put forward an agenda "to enlist, equip, enable, empower, and expand the heroic works of faith-based and community groups across American." That agenda included a substantial expansion of tax incentives for charitable giving and an extension of charitable choice to most of the federal government's social services programs. But the 107th Congress refused to adopt these initiatives. The House adopted a modified version of the President's initiative; but H.R. 7 bogged down in the Senate due to concerns about the constitutionality and...
Cloning: A Select Chronology, 1997-2003
This report includes a selected chronology of the events surrounding and following the cloning of a sheep from a single adult sheep cell by Scottish scientists, which was announced in February 1997. The project was cosponsored by PPL Therapeutics, Edinburgh, Scotland, which has applied for patents for the techniques used. This chronology also addresses subsequent reports of other cloning experiments, including the first one using human cells. Information on presidential actions and legislative activities related to the ethical and moral issues surrounding cloning is provided, as well as...
This report discusses energy taxes incentives, which have long been an integral component of this nation’s energy policy. Efforts to significantly expand existing energy tax subsidies have been undertaken since the 106th Congress, but controversy over various non-tax energy policy provisions — corporate average fuel economy standards, the Alaskan National Wildlife Refuge, etc. — have helped stall the legislation.
Long-Range Bombers: Background and Issues for Congress
The Air Force's long-range bombers were designed during the Cold War to deliver nuclear strikes against the Soviet Union. Although they can be vulnerable to enemy defenses if detected, they combine the ability to fly extended distances, much farther than most other combat aircraft, with the ability to carry weapons payloads many times larger than that of fighters. Over the past decade, the Air Force has taken advantage of these characteristics by migrating its bomber fleet from a nuclear to a conventional role. Today, the Air Force maintains three bombers: the B-1B, the B-2, and the B-52,...
Global Climate Change: U.S. Greenhouse Gas Emissions - Status, Trends, and Projections
According to the summary, this report reviews U.S. emissions of greenhouse gases in the contexts both of domestic policy and of international obligations and proposals.
Global Climate Change: U.S. Greenhouse Gas Emissions -- Status, Trends, and Projections
This report reviews U.S. emissions of greenhouse gases in the contexts both of domestic policy and of international obligations and proposals. On October 15, 1992, the United States ratified the United Nations Framework Convention on Climate Change (UNFCCC), which entered into force on March 21, 1994. This committed the United States to "national policies" to limit "its anthropogenic emissions of greenhouse gases," with a voluntary goal of returning "emissions of carbon dioxide [CO2] and other greenhouse gases [methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons...
Zimbabwe is facing triple digit inflation, shortages of cash and fuel, and an adult HIV infection rate of 33.7%. The commercial farm sector has been severely damaged by land seizures, and both food production and tobacco exports are declining. The government of President Robert Mugabe, now 79, has taken some measures to deal with economic problems, but these have not proven effective. Meanwhile, the political situation remains stalemated despite reports of possible talks between the ruling party and the opposition. Opposition leader Morgan Tsvangirai is facing treason charges, and human...
The Federal Arbitration Act: Background and Recent Developments
Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or . . . contract evidencing a transaction involving commerce.” In general, the FAA evidences a national policy favoring arbitration. However, the application of the FAA to various types of arbitration agreements has been the subject of numerous lawsuits. As more employers and businesses use arbitration agreements as a way to avoid the judicial system for resolving disputes, Congress may become more involved by amending the FAA or by...
Emergency Electronic Communications in Congress: Proposals and Issues
The events of September 11, 2001, and the subsequent anthrax incidents have prompted some observers to suggest creating an emergency electronic communications system for Congress to ensure continuity of its operations. On July 25, 2003, Representative James R. Langevin introduced H.R. 2948. The bill would direct the Comptroller General of the United States to enter into arrangements with the National Academy of Sciences (NAS) and the Librarian of Congress for conducting a study on the feasibility and costs of implementing such a system for Congress to use during an emergency.
Departmental Organization, 1947-2003
Since the end of World War II, nine federal departments have been created in the executive branch. The tables in this report provide selected information on the organization of those departments.
International Support for the U.S.-Led War on Terrorism
Since the September 11, 2001 terrorist attacks in the United States, the U.S.-led war on terrorism has evolved from ridding Afghanistan of the ruling Taliban regime and seeking to prevent Al Qaeda from using the nation as a base for worldwide operations to encompass confronting and defeating terrorism in a number of countries. Many countries and international organizations have become involved in the war on terrorism, ranging from military support and basing rights to reconstruction assistance and diplomatic support.
This report summarizes international support for the ongoing war on...
On June 27, 2003, the Senate passed the Prescription Drug and Medicare Improvement Act of 2003 ( S. 1 ) and the House passed the Medicare Prescription Drug and Modernization Act of 2003 ( H.R. 1 ). Title II of each bill would establish a new Medicare managed care program to replace the current Medicare+Choice program. Under S. 1 , Title II would establish the MedicareAdvantage (MA) program to replace the M+C program. The MA program would continue to offer coordinated care and other plans on a county-wide basis as under current law. The bill would also establish regional Preferred...
This report presents an overview of the Armenia-Azerbaijan conflict. This is a clash between the principles of territorial integrity and self-determination that is occurring in the Caucasus, creating the longest inter-ethnic dispute in the former Soviet Union. The report includes the background and analysis of history, warfare and peace process in the region. The report discusses the Armenian and Azerbaijani perspective, the role and views of others (Iran, Turkey, Russia), as well as the U.S. policy regarding the conflict.
The International Wine Market: Description and Selected Issues
Global trade in wine has increased rapidly during the past 25 years, steadily rising from under $1 billion in 1977 to over $7 billion in 2001. Reports of health benefits and rising global incomes have spurred increasing demand for wine, particularly in mid- to upper-income countries. In 2001, the United States was the world's leading importer, just ahead of the European Union (EU). Together, the two countries accounted for over 60% of global imports. The European Union has traditionally dominated global wine production and exports. However, the United States, along with several Southern...
Congressional Redistricting: Is At-Large Representation Permitted in the House of Representatives?
Section 2c of Title 2 of the U.S. Code requires members of the House of Representatives to be elected from single-member districts, however, Section 2a(c) requires Representatives to be elected at large if a state fails to create new districts after the reapportionment of seats following a decennial census. These apparently contradictory provisions raise questions about whether and under what circumstances federal law permits at-large representation in the House of Representatives. The legislative history of 2 U.S.C. § 2c is sparse because it was adopted as a Senate floor amendment to a...
Background on NEPA Implementation for Highway Projects: Streamlining the Process
Before a federally funded surface transportation project can proceed, the Department of Transportation's (DOT) Federal Highway Administration (FHWA) must ensure compliance with all local, state, and federal legal requirements regarding the environment, including the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.). NEPA requires all federal agencies to provide an Environmental Impact Statement (EIS) for every proposed major federal action significantly affecting the quality of the environment. Projects with uncertain or insignificant impacts also require...
Tax Subsidies for Expanding Health Insurance Coverage: Selected Policy Issues for the 108th Congress
Chile: Political and Economic Conditions and U.S. Relations
This report discusses U.S. relations with Chile, a South American nation with a population of about 15 million, Chile returned to democratic rule in 1990 after 17 years of military government. The report describes the political situation in Chile, economic conditions, and U.S.-Chilean relations.
Social Security Notch Issue: A Summary
This report discusses recent attempts at legislative action regarding changes to the computation of benefits under Social Security Amendments of 1977 (P.L. 95-216), which directly affected retirees born in the 5- to 15-year period after 1916. These persons fall in the "notch" between previous Social Security legislation and those affected by the amendments.
Trade Remedies and The U.S.-China Bilateral WTO Accession Agreement
The November 1999 U.S.-China bilateral agreement on China's accession to the World Trade Organization (WTO) addresses a range of U.S. foreign trade and investment concerns related to China's entry into the WTO. In particular, U.S. import-sensitive industries are wary of the impact from increased imports that might result from China's WTO membership. The bilateral agreement allows the United States to continue to use, at least temporarily, special trade remedy procedures against surges of imports and against dumped and subsidized imports from China that it has used since the two countries...
Copies of the Constitution of the United States and the Declaration of Independence are available from many sources, including the Internet. This report provides information on selected sources, both governmental and private, and is not intended to be all inclusive.
North Korean Crisis: Possible Military Options
North Korea has confronted the United States with its decision, failing other security accommodations, to pursue production of nuclear weapons. The Bush Administration has stated that, although the situation is unacceptable, it will pursue its resolution through diplomatic means. Military means, however, could be considered at some point and become a serious issue for Congress. This short report discusses the geography and military balance on the Korean Peninsula, presents the range of military options that might be applied there to specific U.S. political objectives, and assesses...
Mexico's Congress and July 2003 Elections
On July 6, 2003, Mexico held nation-wide elections to renew the membership of the 500-seat Chamber of Deputies and to elect local officials in ten states. Coming at the mid-point of the six-year term of President Vicente Fox, these elections, by determining the balance of power in the lower chamber of Congress, significantly affect President Fox's ability to enact his programs and set the stage for coming presidential elections in 2006. Official results indicate that President Fox's conservative National Action Party (PAN) fared poorly, while the long-ruling centrist...
Federal/State Relations Under the Clean Air Act: The Supreme Court Takes Two Cases
Recently, the Supreme Court agreed to hear two cases involving federalism issues under the Clean Air Act (CAA). In Alaska Dep't of Environmental Conservation v. EPA , the Court will wrestle with whether EPA can enforce a Prevention of Significant Deterioration (PSD) provision in the CAA contrary to a prior state determination under its EPA-approved PSD program. In Engine Manufacturers Ass'n v. South Coast Air Quality Mgmt. Dist ., the issue is the preemptive scope of the CAA program regulating mobile sources of air pollution. Why the Court has taken these cases is unclear, given that...
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2003
The Department of Defense (DOD) administers five environmental programs in response to various requirements under federal environmental laws. These programs include environmental cleanup, environmental compliance, pollution prevention, environmental technology, and conservation. Additionally, the Department of Energy (DOE) is responsible for managing defense nuclear waste and cleaning up contaminated nuclear weapons sites. The Administration requested a total of $11.17 billion for these programs in FY2003, about $390 million more than the FY2002 funding level of $10.78 billion. Some of the...
The Al-Jazeera News Network: Opportunity or Challenge for U.S. Foreign Policy in the Middle East?
Al-Jazeera, the Arab world's first all-news network was started by the Persian Gulf monarchy of Qatar. It has come to be recognized as a key player in covering issues of central importance to U.S. foreign policy in the Middle East: the conflict in Iraq, the war on terrorism, and the Israeli-Palestinian conflict. Al-Jazeera has become so publicly influential that U.S. officials now regularly appear on the network. Although Al-Jazeera has received praise for its uncensored format and for airing interviews with U.S. and Israeli officials, as well as Arab critics of the policies of...
In 2002 and continuing into 2003, Congress considered President Bush's requests for FY2002 supplemental and FY2003 assistance for Colombia and six regional neighbors in a continuation of the Andean Regional Initiative launched in 2001. On February 4, 2002, President Bush submitted a FY2003 budget request that would provide $979.8 million for the Andean Regional Initiative (ARI), with $731 million in counternarcotics assistance under the Andean Counterdrug Initiative (ACI). This request included $537 million in ARI funding for Colombia, with $439 million in ACI funding and $98 million in...
Trade Remedy Law Reform in the 108th Congress
Trade remedies are government measures to minimize the adverse impact of imports on domestic industries. Antidumping duties are used to counter the effects of imports sold at unfairly low prices on the domestic market. Countervailing duties are used to counter the price effects of imports that benefit from government subsidies in the exporting countries. Safeguard remedies (also called Section 201 and escape clause remedies) are used to reduce the injurious impact of surges in fairly trade imports. Some of the bills introduced in the 108th Congress would revise safeguard remedies....
Export-Import Bank: Financing Requirements and Restrictions
The Export-Import Bank is an independent U.S. government agency that is charged with financing and promoting exports of U.S. goods and services. The Bank operates under a renewable charter, the Export-Import Bank Act of 1945, as amended, and has been authorized through September 30, 2006. Congress has amended the Bank’s charter at times to meet various objectives, primarily U.S. foreign policy and international economic goals. These amendments restrict the Bank’s activities relative to particular types of economic activities or have acted to advance other U.S. goals and objectives, such as...
“Fast-Track” or Expedited Procedures: Their Purposes, Elements, and Implications
“Fast-track” or expedited procedures are special legislative procedures that apply to one or both houses of Congress and that expedite, or put on a fast track, congressional consideration of a certain measure or a narrowly defined class of measures.
Congress typically has enacted sets of expedited procedures into law when (1) the same law imposes a deadline for congressional action on a measure in one or both houses, and (2) Congress wants to ensure, or at least increase the likelihood, that the House and Senate have an opportunity to vote on the measure before the deadline is reached....
"Fast-Track" or Expedited Procedures: Their Purposes, Elements, and Implications
This report discusses certain provisions of law that commonly are known as “fast-track” or expedited procedures. They are so labeled because these statutory provisions contain special legislative procedures that apply to one or both houses of Congress and that expedite, or put on a fast track, congressional consideration of a
certain measure or a narrowly defined class of measures. This report first presents the nature, purpose, and elements of fast-track procedures. Then the report discusses some of the most important ways in which these procedures differ from the normal procedures of...
Calling Up Measures on the Senate Floor
The Senate takes up measures under procedures set in Senate rules and by longstanding customs, thereby giving it flexibility in setting its floor agenda. This report first treats those processes or customs most often used by the Senate and then discusses some procedures less often used to call up measures.
Taxation of Life Insurance Products: Background and Issues
Owners and beneficiaries of life insurance contracts receive favorable treatment under the federal income tax laws. Before examining this tax treatment, this report provides an overview of the term life insurance and cash value life insurance products, including "whole" life insurance, "universal" life insurance, and "variable" life insurance. This discussion illustrates how cash value life insurance can operate as an investment vehicle that combines life insurance protection with a financial instrument that operates similarly to bank certificates of deposit and mutual fund investments. ...
A User's Guide to the Congressional Record
The Congressional Record is a substantially verbatim account of remarks made during the proceedings of the House and Senate, subject only to technical, grammatical, and typographical corrections. It consists of four main sections: the proceedings of the
House and Senate, the Extensions of Remarks, and the Daily Digest. This fact sheet is one of a series on the legislative process.
The Congressional Budget Process Timetable
The Congressional Budget Act (CBA) of 1974 (Titles I-IX of P.L. 93-344, 88 Stat. 297-332) established the congressional budget process, which coordinates the legislative activities on the budget resolution, appropriations bills, reconciliation legislation, revenue measures, and other budgetary legislation. Section 300 of this act provides a timetable (see Table 1) so that Congress may complete its work on the budget by the start of the fiscal year on October 1.
Congressional Record: Its Production, Distribution, and Accessibility
The Congressional Record is the most widely recognized published account of the debates and activities in Congress. The Record often reflects the intent of Congress in enacting legislation. This fact sheet is one of a series on the legislative process.
Budget Reconciliation Legislation: Development and Consideration
Budget reconciliation is an optional two-step process Congress may use to assure compliance with the direct spending, revenue, and debt-limit levels set forth in budget resolutions.
Flow of Business: Typical Day on the Senate Floor
Several authorities govern the daily chamber work of the Senate: the standing rules, the “standing orders,” unanimous consent agreements, precedent, and tradition. Because these authorities have different influence at certain times, no Senate session day is truly typical. This report discusses procedures and business that usually occur every session day, and refers to certain business items that may occur less frequently.
Guide to Individuals Seated on the Senate Dais
This report is a brief summary of House and Senate procedures for reaching agreement on legislation. It discusses the provisions of House Rule XXII and Senate Rule XXVIII as well as other applicable rules, precedents, and practices. The report focuses on the most common and customary procedures.
For decades, the administrative authority to interpret, implement, enforce, and adjudicate immigration law within the U.S. lay almost exclusively with one officer: the Attorney General. The most general statement of this power was found in Section 103(a)(1) of the Immigration and Nationality Act of 1952 (INA), the statute that comprehensively regulates immigration law in the United States. With the transfer of nearly all immigration functions to the Department of Homeland Security on March 1, 2003, however, Section 103(a)(1) of the INA has necessarily required various modifications to...
The Endangered Species Act (ESA), "Sound Science," and the Courts
Decisions to list species under the Endangered Species Act (ESA) must rest only on the best available scientific data, and science plays a part in other important aspects of the Act. Yet many times the relevant science may be complex or incomplete. Recent situations involving economic and social conflicts over resources have resulted in a renewed focus on and criticism of how science is used under the ESA. This report reviews how some courts have regarded these issues. It will be updated as developments warrant.
Diamonds and Conflict: Background, Policy, and Legislation
In several diamond-rich countries affected by armed conflict, notably in Africa, belligerents have funded their military activities by mining and selling diamonds, and competition over the use and control of diamond wealth has contributed significantly to the depth and extended duration of these conflicts. Diamonds used in this fashion, labeled "conflict diamonds," were estimated to have comprised an estimated 3.7 % to 15% of the value of the global diamond trade in 2000. The present volume of such trade appears is difficult to estimate. Several diamond-related conflicts have ended, but...
Capital Punishment: Summary of Supreme Court Decisions of the 2002-2003 Term
In its 2001-2002 term, for the first time since 1988, the Supreme Court placed substantial new restrictions on the powers to impose the death penalty. In Ring v. Arizona (1) , it overturned a death sentence imposed by a judge, holding that defendants have a Sixth Amendment right to have a jury--not a judge--determine whether aggravating factors warrant the imposition of the death penalty. In Atkins v. Virginia , (2) it held that the execution of the mentally retarded is cruel and unusual punishment. In the 2002-2003 term, in Miller-El v. Cockrell the Court imposed...
Campaign Finance and Prohibiting Contributions by Tax-Exempt Corporations: FEC v. Beaumont
The Federal Election Campaign Act (FECA) prohibits corporations, including tax-exempt, advocacy corporations, from using treasury funds to make direct contributions and expenditures in connection with federal elections. Corporations seeking to make such contributions and expenditures may legally do so only through a political action committee or PAC, 2 U.S.C. § 441b. The Supreme Court has long upheld the ban on corporate contributions, including those made by corporations that are tax-exempt under the Internal Revenue Code. However, in FEC v. Massachusetts Citizens for Life, Inc., 479 U.S....
"Sense of" Resolutions and Provisions
One or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically “sense of the House,” “sense of the Senate,” or “sense of the Congress” resolutions). These opinions may also be added to pending legislative measures by amendments expressing the views of one or both chambers. This fact sheet identifies the various forms such expressions may take and the procedures governing such actions.
Proposals to limit the federal government's authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress's ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might...
Supreme Court Opinions: October 2002 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 2002 Term through the end of the Term on June 26, 2003. Included in this listing are all cases decided by signed opinion and selected cases decided per curiam . In addition to the summary, the date of decision is indicated, and cites to United States Law Week and West's Supreme Court Reporter are provided. Following each synopsis the vote on the Court's holding is indicated in bold typeface, and authors of the Court's opinion and of any concurring and dissenting opinions, along with the...
Jordan-U.S. Free Trade Agreement: Labor Issues
The U.S.-Jordan Free Trade Agreement (FTA), implemented as P.L. 107-43 , which went into effect December 17, 2001, breaks new ground by including multiple worker rights provisions in the body of a U.S. trade agreement, rather than as a side agreement, for the first time. For this reason, it adds some controversy to the congressional debate over whether worker rights provisions should be included in future trade agreements. Some observers eye this configuration of worker rights protections as a model for future trade agreements; others view it as a one-time occurrence justified only...
The University of Michigan Affirmative Action Cases: Racial Diversity in Higher Education
The United States Supreme Court concluded its 2002-03 term with a pair of much anticipated rulings in the University of Michigan affirmative action cases. In Grutter v. Bollinger a 5 to 4 majority of the Justices held that the University Law School had a "compelling" interest in the "educational benefits that flow from a diverse student body," which justified its race-based efforts to construct a "critical mass" of "underrepresented" minority students. But in a companion decision, Gratz v. Bollinger , six Justices decided that the University's policy of awarding "racial bonus points" to...
The United States Territories—American Samoa, Guam, Northern Mariana Islands, and the U. S. Virgin Islands—all receive federal funding for their roads and highways. The Territories’ treatment under the Federal-Aid Highway Program (FAHP), however, differs significantly from that of the 50 states and the District of Columbia. Prior to 1970 most of the road construction and maintenance activity was financed and carried out by the territorial governments. In 1970, Congress established the Territorial Highway Program (THP) in the Federal-Aid Highway Act of 1970 (P.L. 91-605). The Act authorized...
Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might...
Geographical Indications and WTO Negotiations
The issue of expanding intellectual property protections for geographical indications for wines, spirits, and agricultural products is being debated in the World Trade Organization (WTO). Geographical indications are important in international trade because they are commercially valuable. Some European and developing countries want to establish tougher restrictions and limits on the use of geographical names for products, while the United States and associated countries argue that the existing level of protection of such terms is adequate. Decisions about the future scope of protection of...
During the 107th Congress, 109 nominations to full-time positions in independent and other agencies were submitted to the Senate. Of these nominations, three were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 106 nominations, of which 94 were confirmed, 10 were returned to him, and two were withdrawn. President Clinton made three recess appointments to these positions during the intersession between the 106th and 107th Congresses; all expired at the end of the first session of the 107th Congress....
Political Action Committees: Their Role in Financing Congressional Elections
Political action committees, or PACs, are legal entities through which interest groups raise and spend money in elections. They constitute one of four major sources of funds contributed to congressional campaigns, along with individual citizens, political parties, and candidates. While PACs proliferated and became an issue in the 1970s and 1980s, interest groups have long played a major role in funding American elections.
This report discusses differences in the specifics of the prescription drug provisions in S. 1 and H.R. 1 and provides a side-by-side comparison of the Title I provisions of both bills.
House Leadership Structure: Overview of Party Organization
At the beginning of each Congress, Members meet to organize and select their leaders. Democrats call their party organization the Democratic Caucus; Republicans call their party organization the Republican Conference. Within the caucus and conference are numerous entities that assist party leaders in determining the work and role of the Members of that party. This report serves as a companion piece to CRS Report RS20499(pdf) , House Leadership: Whip Organization , and CRS Report RS20881 , Party Leaders in the House .
Chemical Weapons Convention: Issues for Congress
The CWC bans the development, production, stockpiling, and use of chemical weapons by members signatories. It also requires the destruction of all chemical weapons stockpiles and production facilities. Neither the United States nor Russia will be able to meet the original CWC’s deadlines for destruction of their CW stockpiles, and have been granted extensions to at least 2012. The Convention provides the most extensive and intrusive verification regime of any arms control treaty, extending its coverage to not only governmental but also civilian facilities. The Convention also requires...
Bosnia: U.S. Military Operations
This report outlines U.S. military operations in Bosnia and discusses issues such as U.S. and Allied Participation in Bosnia Peacekeeping (IFOR/SFOR), duration, cost, arms control and military assistance. This report also includes most recent development, background analysis, and legislation.
The Jones Act is a perennial issue in Congress. The Act requires that all waterborne shipping between points in the United States be carried by vessels built in the United States and owned and operated by Americans. The purpose of the Act is to ensure that the nation has a sufficient merchant marine and shipbuilding base to protect the nation's defense and commercial interests. Critics claim that the Act does not accomplish this goal and furthermore raises shipping costs, thereby making U.S. farmers and manufacturers less competitive. Jones Act supporters claim that the Act is needed to...
Army Aviation: The RAH-66 Comanche Helicopter Issue
Although it has been a high Army priority, a number of factors have complicated the RAH-66 Comanche program. Since its inception, the program has been restructured several times--postponing the initial operational capability (IOC) and increasing overall program costs. In late 2002, DoD restructured the RAH-66 program again, cutting the number of aircraft to be procured in half. This report will be updated
Emergency Communications: Meeting Public Safety Spectrum Needs
This report has two main sections. In the first section “Identifying Public Safety Needs,” some of the organizations involved with public safety telecommunications are introduced, and key activities dealing with wireless and spectrum issues are summarized. The second main section, “Spectrum for Public Safety,” is organized by the major spectrum bands where public safety wireless communications are in use or planned. These are at: 100-512 MHz; 700 MHz; 800 MHz; 900 MHz and 4.9 GHz. Ultra-wide band (UWB), that broadcasts across a broad range of frequencies, is also discussed. The final...
The Congress, which has exclusive constitutional power to regulate foreign trade, has authorized the President to negotiate and enter into certain trade agreements with foreign countries and have them implemented by legislation considered under a mandatory expedited procedure and without amendments. Because of this nonamendability requirement on one hand and, on the other, the Congress’s intent to exercise its constitutional function of fashioning foreign trade policy so as to assure that such agreements reflect the objectives set for them by the legislation authorizing their negotiation...
Monkeypox: Technical Background and Outbreak Implications for Bioterrorism Preparedness
Monkeypox, a viral disease related to smallpox, has appeared in humans in the Midwest. Though monkeypox usually has a fatality rate of 1 to 10%, no fatalities have occurred in the outbreak, which has been linked to pet rodents. Although officials do not believe that this outbreak is bioterrorism, the delay between the initial presentation of an unusual disease and the notification to the federal government has raised concerns regarding the state of bioterrorism preparedness. The Centers for Disease Control and Prevention (CDC) have provided guidance to local communities regarding handling...
Construction of large water resource projects, such as those of the Army Corps of Engineers (Corps), can be controversial because they involve trade-offs among various river uses, and between current and future generations. Pursuant to federal water project planning guidelines, the Corps weighs these trade-offs using benefit-cost analysis. If its analysis shows that a project's national economic development (NED) benefits exceed its NED costs, the Corps seeks project authorization from Congress. Congress authorizes the Corps to construct some of these large water projects through (usually)...
Private Crude Oil Stocks and the Strategic Petroleum Reserve Debate
Periodically, since the inception of the Strategic Petroleum Reserve (SPR) in 1975, debate has occurred concerning its optimal size. In the 108th Congress, the House has passed energy legislation ( H.R. 6 ) which would require the SPR to be filled to its current capacity of approximately 700 million barrels and would authorize funds to further expand the capacity of the reserve to 1 billion barrels. Analysis of the SPR issue has been carried out in a benefit/cost framework in which benefits, the avoided cost to the national economy of a supply disruption, are set against the real...
Campaign Finance: Issues Before the U.S. Supreme Court in McConnell v. FEC
Shortly after the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155 ( H.R. 2356 , 107th Cong.) was enacted in March 2002 (also known as the McCain-Feingold campaign finance reform legislation), Senator Mitch McConnell and others filed suit in U.S. District Court for D.C. against the Federal Election Commission (FEC) and the Federal Communications Commission (FCC) arguing that provisions of the law are unconstitutional. Ultimately, eleven suits challenging BCRA were brought by more than 80 plaintiffs and consolidated into one lead case, McConnell v. FEC. On May 2, 2003, the...
The 108th Congress is considering two major bills to provide tax incentives to increase the supply of, and reduce the demand for, fossil fuels and electricity: S.1149, the Energy Tax Incentives Act of 2003, approved by the Senate Finance Committee (SFC) on April 2, 2003 (superseding S. 597), and H.R. 6, introduced as H.R. 1531 and approved by the House on April 11, 2003, by a vote of 247-175.
U.S. Agricultural Biotechnology in Global Markets: An Introduction
U.S. farmers have been rapidly adopting genetically engineered (GE) crops -- mainly corn, soybean, and cotton varieties -- to lower production costs and improve management. However, the U.S. agricultural economy is highly dependent upon exports, at a time when many foreign consumers are wary of the products of agricultural biotechnology. As a result, U.S. exporters often have encountered barriers to trade in these markets. Among the most controversial barriers is in the European Union (EU). The EU, the fourth-largest foreign market for U.S. agricultural products, since 1998 has...
The Vietnam-U.S. Textile Agreement
In December 2001, the United States granted Vietnam most-favored-nation status, a key condition of the U.S.-Vietnam Bilateral Trade Agreement (BTA) that was approved by Congress and signed by President Bush earlier in the year. Since the BTA went into effect, U.S. imports from Vietnam have more than doubled. Most of this increase is due to the sharp rise in clothing imports, which increased to almost $900 million in 2002, nearly twenty times the $45-$50 million range that Vietnam had recorded in 2000 and 2001. By dollar value, clothing is now the largest import item from Vietnam. In 2002,...
Financial Management in the Federal Government: Efforts to Improve Performance
This report provides an overview of efforts to reform and improve financial management in the federal government in the last 25 years. The Federal Managers Financial Integrity Act of 1982, generally regarded as the first of these efforts, was intended to strengthen internal controls and accounting systems. The Chief Financial Officers Act of 1990 followed and created a new leadership structure for financial management, including two new positions in the Office of Management and Budget and 24 chief financial officer (CFO) and deputy CFO positions in the major executive departments and...
The Environmental Protection Agency's FY2003 Budget
In the 107th Congress, S. 2797 (S.Rept. 107-222) would have provided $8.30 billion for EPA in FY2003. H.R. 5605 (H.Rept. 107- 740) would have provide $8.20 billion. Both bills would restore much of the water infrastructure funding but there was no final action by the end of Congress. Continuing resolutions funded at the same level as in FY2002. In the 108th Congress, P.L. 108-7 (H.J.Res. 2) provides EPA with $8.08 billion for FY2003.
Child Welfare Waiver Demonstrations
This report provides background information on the child welfare waivers and a description of the progress states have made on these demonstration projects. Waiver projects must be cost neutral to the federal government; may be conducted for no longer than 5 years (though HHS may grant an extension of up to 5 years); and must include an evaluation comparing the existing state program to the waiver project.
Smallpox Vaccine Injury Compensation
Four and a half months after announcing his decision to vaccinate military personnel and front-line civilian health workers against smallpox, President George W. Bush, on April 30, 2003, signed the Smallpox Emergency Personnel Protection Act of 2003 ( P.L. 108-20 ). Under the new law, the federal government will provide -- to eligible individuals (or their survivors), for covered injuries -- payment for related medical care, lost employment income, and death benefits. Compensation had emerged as a major obstacle to the successful implementation of the Administration's smallpox...
Theft of Debris from the Space Shuttle Columbia: Criminal Penalties
The breakup of the Space Shuttle Columbia strewed debris over parts of the West and the South, and recovery of this debris was considered vital to the investigation into the Columbia's final moments of flight. Almost immediately after the breakup, however, press stories reported that members of the public were recovering pieces of Columbia's wreckage and converting them to their personal use. Even though the organized search for Columbia debris is winding down, prosecutions continue for stealing debris and new ones could possibly arise in the future. This report briefly describes...
Chemical Facility Security: A Comparison of S. 157 and S. 994
The 108th Congress is considering legislation to reduce chemical facilities’ vulnerability to acts of terrorism, so as to protect critical sectors of the U.S. infrastructure and reduce risks to public health and the environment. Competing bills, S. 994 and S. 157, have been introduced into the Senate. Both would require chemical facilities to conduct vulnerability assessments and develop and implement site security plans, but the approaches of the bills differ with respect to the chemicals and facilities covered, planning requirements and mechanisms for federal and facility accountability.
Countries of the World and International Organizations: Sources of Information
This report provides a selection of materials for locating information on foreign countries and international organizations. In the general information section, it presents sources giving an overview of politics, economics, and recent history. A specialized information section cites sources on human rights, immigration, international organizations, military strengths, terrorism, and other topics. Included are titles of some of the most frequently consulted bibliographic sources that are available for use in many libraries. Electronic information on foreign countries is also provided, via...
Federal Regulation of Sports Agents: Sports Agents Responsibility and Trust Act (SPARTA)
H.R. 361 , the Sports Agent Responsibility and Trust Act (SPARTA), would make certain activities of alleged or actual sports agents -- providing gifts or cash, inducing a student athlete to sign an agent contract, or providing questionable information concerning the athlete's possible professional prospects -- unfair practices to be regulated by the Federal Trade Commission (FTC). Witnesses at hearings emphasized the far reaching consequences of frequently "unethical" or "unscrupulous" conduct of sports agents in pursuing and soliciting student athletes; such conduct can subject student...
Medicare has a long-standing history of offering its beneficiaries an alternative to the traditional fee-for-service program. Health Maintenance Organizations and other types of managed care plans have been allowed to participate in the Medicare program, beginning with private health plans contracts in the 1970s and the Medicare risk contract program in the 1980s. Then, in 1997, Congress passed the Balanced Budget Act of 1997 (BBA, P.L. 105-33 ), replacing the risk contract program with the Medicare+Choice (M+C) program. The M+C program established new rules for beneficiary and plan...
The Financial Crisis in Argentina
After nearly four years of recession, Argentina plunged into a severe political and financial crisis that ended the presidency of Fernando de la Rua on December 20, 2001. On January 1, 2002, the Argentine Congress selected Peronist Party leader Eduardo Duhalde to complete his term of office. For over a year, President Duhalde struggled with Congress to define an economic strategy that would unify the country and solidify support for a new round of international financial assistance. Unable to come to terms with the IMF over a medium-term package, on January 24, 2003 the Fund approved,...
The Argentine Financial Crisis: A Chronology of Events
In December 2001, after four years of recession and escalating social unrest, Argentina's economy collapsed, forcing the resignation of President Fernando de la Rua. After a period of short-term presidential successions, on January 1, 2002, the Argentine Congress selected Eduardo Duhalde to complete de la Rua's December 2003 term. Duhalde then struggled to resolve Argentina's deep-seated economic and political problems. The seeds of Argentina's financial and political crisis were planted in 1991 with adoption of a currency board to fight hyperinflation, a plan that rested on the guaranteed...
Iraq War: Defense Program Implications for Congress
The recent war against Iraq may have implications for various defense programs of interest to Congress. This report surveys some of those potential implications, and will be updated periodically as new information becomes available. Three cautionary notes associated with post-conflict "lessons-learned" reports apply to this report: Information about the Iraq war is incomplete and imperfect, so early lessons are subject to change. Each war is unique in some ways, so observers should avoid "overlearning" the lessons of the Iraq war. And potential U.S. adversaries can derive lessons from the...
E-Commerce Statistics: Explanation and Sources
Congress will play a vital role in many e-commerce policy issues, including Internet taxation, encryption and electronic authentication (i.e., digital signatures), intellectual property protection (i.e., patent or copyright infringement), computer network security, and privacy safeguards for individuals and organizations, as well as consideration of how European Union (EU) and World Trade Organization (WTO) policies may affect U.S. e-commerce activities. This report addresses the complexities of measuring e-commerce growth, and provides background information on government and private...
U.S. Tobacco Production, Consumption, and Export Trends
Examination of historical tobacco data reveals a declining long-term trend in the utilization of tobacco by U.S. manufacturers and leaf exporters. While world tobacco exports increased over the past two decades, U.S. leaf tobacco exports declined in relative and absolute terms. Cigarette manufacturers have been increasing the use of less expensive foreign tobacco and decreasing the use of more costly U.S.-grown tobacco. Now, actions taken as a result of the 1998 Master Settlement Agreement between cigarette manufacturers and states' attorneys general are further diminishing the consumption...
Iraq's Economy: Past, Present, Future
This report discusses the government of Iraq and its active role in stimulating and directing the Iraqi economy.This report identifies issues to be addressed before Iraq can participate normally in the world economy.
Budget Enforcement Procedures : Senate's Pay-As-You-Go (PAYGO) Rule
This report describes the legislative history of the Senate's PAYGO rule, explains its current features, and reviews Senate actions under the rule .
Civil Service Reform: H.R. 1836, Homeland Security Act, and Current Law
On May 8, 2003, the House Government Reform Committee ordered a bill to be reported that would significantly change the system for managing civilian personnel within the Department of Defense (DOD) and the National Aeronautics and Space Administration (NASA). If passed, H.R. 1836 would also change the compensation system for Senior Executive Service members throughout the government and make other general systemic changes with regard to human resources management. In April 2003, DOD General Counsel William Haynes sent Congress a significant reform proposal packaged as the "Defense...
At the state and local level, many observers have expressed long-standing concerns over delays, duplication of effort, and additional costs frequently associated with the environmental review process for highway projects that must be completed under the National Environmental Policy Act of 1969 (NEPA, P.L. 91-190). To address these concerns, the Transportation Equity Act for the 21st Century (TEA21, P.L. 105-178), enacted in 1998, requires the Federal Highway Administration(FHWA) to streamline the environmental review process for highway projects.
Innovation, Intellectual Property, and Industry Standards
An "industry standard" is a set of technical specifications that provides a common design for a product or process. Relating to products ranging from typewriter keyboards to high technology computer protocols, standards are pervasive in the modern economy. Standards sometimes arise through government action or through the operation of the marketplace. However, private industry groups called standards bodies have long been active in promulgating standards. Standards bodies and their members have encountered a growing number of claims that a privately held "intellectual property right" --...
Intelligence to Counter Terrorism: Issues for Congress
For well over a decade international terrorism has been a major concern of the U.S. Intelligence Community. Collection assets of all kinds have long been focused on Al Qaeda and other terrorist groups. Intensive analytical expertise has been devoted to determining such groups' memberships, locations, and plans. Intelligence agencies had been acutely aware of the danger for years. In February 2001, Director of Central Intelligence (DCI) George Tenet publicly testified to Congress that "the threat from terrorism is real, it is immediate, and it is evolving." Furthermore, "[Osama] bin Ladin...
Local Telephone Competition: A Brief Overview
One of the central goals of the Telecommunications Act of 1996 (P. L. 104-104) is to promote competition in the local(exchange) telephone market. The 1996 Act attempts to foster this competition by, among other provisions, requiring that the local monopoly infrastructure be opened up to competitors. The Federal Communications Commission (FCC) has been tasked with implementing a series of rulemakings to achieve this goal. In the seven years since the Act's passage, policy makers have continued to debate the extent to which this goal has been realized. Although the local telephone market...
U.S. - European Union Disputes in the World Trade Organization
U.S.-EU relations have been affected by a number of trade disputes in recent years. While the majority of trade disputes do get resolved, attempts to settle some of the disputes have been met with refusal or inability by one or another of the parties to comply in a timely manner with the World Trade Organization (WTO) panel rulings. The 108th Congress inherits several of these disputes where the WTO has ruled that U.S. laws violate trade obligations. Absent U.S. compliance through legislative action, the EU could in some cases decide to retaliate against U.S. exports this year or next. In...
Severe Acute Respiratory Syndrome (SARS): Public Health Situation and U.S. Response
Severe Acute Respiratory Syndrome (SARS) is a new influenza-like disease; the overall case fatality rate is currently estimated to be about 15%. Scientists have isolated a previously unknown type of coronavirus which they believe is the cause of the disease. The genetic material of the SARS virus has been sequenced and this may be helpful in determining the origin of the virus and understanding its behavior as well as developing a treatment and a vaccine. Currently, all tests for SARS infection are considered experimental. The World Health Organization (WHO) and others are working...
Al Qaeda after the Iraq Conflict
The May 12, 2003, suicide bombings of three Western housing compounds in Riyadh, Saudi Arabia reopened questions about the strength and viability of Al Qaeda in the post-Iraq conflict environment. The apprehension of a number of senior Al Qaeda leaders in recent months, combined with the absence of major terrorist attacks during the military campaign in Iraq, had led some to believe that Al Qaeda was severely crippled and unable to launch major attacks. Others argued that the organization was in transition to a more decentralized structure, had gained new recruits, and might even be a...
Department of Homeland Security: Consolidation of Border and Transportation Security Agencies
The Homeland Security Act of 2002 ( P.L. 107-296 ) transferred several border and transportation security agencies to the newly established Department of Homeland Security (DHS), which became operational March 1, 2003, consolidating some of them in a Directorate of Border and Transportation Security. The Act charges this new directorate with securing the borders; territorial waters; terminals; waterways; and air, land and sea transportation systems of the United States; and managing the nation's ports of entry. As in the past, the challenge for policymakers is to provide a level of border...
Immigration and Naturalization Fundamentals
Congress typically considers a wide range of immigration issues and now that the number of foreign born residents of the United States—32.5 million in 2002—is at the highest point in U.S. history, the debates over immigration policies grow in importance. As a backdrop to these debates, this report provides an introduction to immigration and naturalization policy, concepts, and statistical trends. It touches on a range of topics, including numerical limits, refugees and asylees, exclusion, naturalization, illegal aliens, eligibility for federal benefits, and taxation. This report does not...
Employee Stock Ownership Plans (ESOPs): Legislative History
Employee Stock Ownership Plans (ESOPs) are defined contribution plans primarily invested in the employer's securities. Employee stock plans in the form of an ESOP pre-date the 1974 Employee Retirement Income Security Act (ERISA). (1) ERISA, however, was the first law to recognize ESOPs. Congress has routinely revisited ESOPs and amended the IRC to reflect policy. The 1975 Tax Reduction Act created a tax credit for ESOPs. The Revenue Act of 1978 added new formalities to ESOPs through creation of IRC Section 409A. In the mid-1980s, the 1984 Tax Reform Act created new and substantial tax...
Trends in U.S. Foreign Food Aid, FY1992-FY2002
Over the 11-year period from FY1992 to FY2002, more than 50 types of agricultural commodities have been donated to more than 100 countries through U.S. food aid programs. The Agricultural Trade Development and Assistance Act of 1954, the Food for Progress Act of 1985, and the Agricultural Act of 1949 established three main U.S. food aid programs: Public Law 480 (P.L. 480), Food for Progress (FFP), and Section 416(b) to meet humanitarian needs, alleviate malnutrition, and establish a market presence in recipient countries. Three other food aid programs are the Bill Emerson Humanitarian...
Floor Consideration of Conference Reports in the Senate
This report briefly discusses procedure regarding conference reports in the Senate.
Amendments in the Senate: Types and Forms
The amending process is central to the consideration of legislation by the Senate. This report briefly describes the various types of amendments that take place in the Senate.
Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States
This paper summarizes pending legislation relating to domestic intelligence, briefly explains the jurisdiction and functions of MI-5, and describes some of the factors that may be relevant to a discussion regarding the applicability of the MI-5 domestic intelligence model to the United States.
Defense Department Original Transformation Proposal: Compared to Existing Law
The Department of Defense (DOD) has sent the Congress a major proposal entitled "Defense Transformation for the 21st Century Act of 2003"on April 10, 2003. The complex proposal would have made many changes, and in some cases, major changes, in the military personnel and acquisition systems, and in the statutory basis for much of DOD's civilian personnel system. The changes would have affected in a number of titles in the United States Code but primarily in Title 5 (Government Organization and Employees), and Title 10 (Armed Forces). A number of congressional committees have begun action on...
Highway Finance: RABA's Double-edged Sword
The debate over a possible reduction in federal highway program spending during FY2003 has ended. Congress has chosen to overrule provisions of law that would have reduced the FY2003 spending level to $23.2 billion, and has instead settled on $31.8 billion, the same as the FY2002 level. In early 2002, it appeared that a major reduction in highway program spending was in the offing. An Office of Management and Budget calculation in the President's budget indicated that the RABA adjustment for FY2003 would be negative. The Administration and Congress were not proposing a cutback. Rather a...
Campaign Finance: Brief Overview of District Court Opinion in McConnell v. FEC
On March 27, 2002, the President signed into law the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155 ( H.R. 2356 , 107th Cong.), which was also known as the McCain-Feingold campaign finance reform legislation prior to enactment. Most provisions of the new law became effective on November 6, 2002. Shortly after President Bush signed BCRA into law, Senator Mitch McConnell filed suit in U.S. District Court for the District of Columbia against the Federal Election Commission (FEC) and the Federal Communications Commission (FCC). Ultimately, eleven suits challenging the campaign...
This report briefly summarizes the process of amendments between the House of Representatives and the Senate, which occurs if the House and Senate approve differing versions of a measure. An exchange of amendments between the houses resolves these differences.
Floor Consideration of Conference Reports in the House
This report briefly discusses procedure regarding conference reports in the House.
Colombia: Summary and Tables on U.S. Assistance, FY1989-FY2004
Over the past 15 years, from FY1989-FY2003, the United States has provided Colombia with over $3.6 billion in assistance, most of it directed to counternarcotics or related efforts. During the first 11 fiscal years (FY1989-FY1999), when assistance totaled just over $1 billion, the annual levels were considerably lower than during the past three fiscal years and the current fiscal year. From FY2000-FY2003, assistance totals about $2,556 billion. The Clinton Administration increased assistance in FY2000 to fund its "Plan Colombia" programs to counter the spread of coca cultivation in...
The United Nations Security Council -- Its Role in the Iraq Crisis: A Brief Overview
On September 12, 2002, President Bush in his address to the U.N. General Assembly, focused on Iraq and its failure to comply with various resolutions adopted by the U.N. Security Council. He urged the Council to act in the face of such repeated violations. On November 8, 2002, the Council responded, adopting Resolution 1441 (2002) unanimously. This short report provides background information on what the U.N. Security Council is and what it does, including the occasions when it has authorized the use of force or its equivalent. As the U.N. organ having primary responsibility for the...
A Sketch of the PROTECT (Amber Alert) Act and the Sentencing Guidelines
Title IV of the Protect Act, P.L. 108-21 ( S. 151 / H.R. 1004 ), sometimes known as the Amber Alert Act: (1) restricts the future membership of the Sentencing Commission to no more than 3 federal judges; (2) limits downward departures from the sentencing guidelines in various child or sex offense cases; (3) regardless of the offense requires a motion by the government to trigger the offense level reduction available for acceptance of responsibility in serious cases; (4) demands that in the case of either an upward or downward departure the court's statement of its reasons for the...
The Debt Limit: Why It Rose After Four Years of Surpluses and the Debt Changes Since
In December 2002, the Administration began warning Congress that the debt limit ($6.4 trillion) would be reached in the first half of 2002. As the limit was approached in February 2003, the Administration resorted to suspension of certain internal fund investments to avoid a default. The adoption of the budget resolution (H.Con.Res. 95; April 11, 2003) for FY2004 generated legislation (H.J.Res. 51) — deemed passed by the House — that would increase the debt limit to $7.4 trillion.
Defense Acquisition Reform: Status and Current Issues
The end of the Cold War and its impact on defense spending has created a strong need to reform Department of Defense’s (DOD) acquisition system. With procurement spending down, DOD expects to depend on savings from acquisition reform to help finance future force modernization. Policymakers believe that DOD should use more commercial products because, in many instances, they cost less and their quality is comparable to products built according to DOD military specifications. Many such reform proposals are based on recognition that DOD regulatory barriers and a Cold War acquisition “culture”...
Arctic National Wildlife Refuge: Background and Issues
The rich biological resources and wilderness values of northeastern Alaska have been widely known for about 50 years, and the rich energy resource potential for much of that time. The future of these resources has been debated in Congress for over 40 years. The issue for Congress is whether to open a portion of what is now the Arctic National Wildlife Refuge (ANWR) to allow the development of potentially the richest on-shore source of oil remaining in the United States, and if so under what restrictions. Alternatively, Congress might choose to provide further protection for the...
Unsolicited commercial e-mail (UCE), also called “spam” or “junk e-mail,” aggravates many computer users. Not only can spam be a nuisance, but its cost may be passed on to consumers through higher charges from Internet service providers who must upgrade their systems to handle the traffic. Proponents of spam insist it is a legitimate marketing technique and protected by the First Amendment. While 27 states have anti-spam laws, there is no federal law. Four bills are pending in the 108th Congress: H.R. 1933, S. 563, S. 877, and S. 1052. (Spam on wireless devices such as cell phones is...
Labor Certification for Permanent Immigrant Admissions
The foreign labor certification program in the U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect working conditions of U.S. workers. DOL handles the labor certifications for permanent employment-based immigrants, temporary agricultural workers, and temporary nonagricultural workers as well as the simpler process of labor attestations for temporary professional workers. (1) This report is organized into five sections: a brief history of employment-based immigration; a summary of the role of the DOL in...
Iraq's Agriculture: Background and Status
Iraq's agricultural sector represents a small, but vital component of Iraq's economy. Over the past several decades agriculture's role in the economy has been heavily influenced by Iraq's involvement in military conflicts, particularly the 1980-88 Iran-Iraq War and the 1991 Gulf War, and by varying degrees of government efforts to promote and/or control agricultural production. In the mid-1980s, agriculture accounted for only about 14% of the national GDP. After the imposition of U.N. sanctions and the Iraqi government's non-compliance with a proposed U.N. Oil-for-Food program in 1991,...
Mercury in Products and Waste: Legislative and Regulatory Activities to Control Mercury
Mercury is a highly volatile, naturally-occurring element. It is a potent neurotoxin that can cause brain, lung, and kidney damage. Mercury also has properties that make it useful in a variety of household, medical, and industrial products and processes. It is a component in such products as thermometers, flourescent lamps, electrical switches, dental fillings, and batteries. This report discusses the health effects of mercury, how it is released into the environment, and current federal and state activities and recent legislative activity in Congress to control mercury releases into...
Small Business Tax Relief: Proposals in the 108th Congress and Their Economic Justification
This report examines the economic arguments for and against small business tax subsidies in the context of current congressional proposals to expand them. It begins with a brief description of current federal tax subsidies for small firms, moves on to consider the principal economic arguments for and against these subsidies, and concludes with a discussion of proposals in the 108th Congress to expand small business tax subsidies and their likely economic effects.
"Innocent Landowners" and "Prospective Purchasers" Under the Superfund Act
The Superfund Act contains several mechanisms that eliminate or contain liability, or reduce liability-related transaction costs, normally incurred under the Act by persons that acquire contaminated land. This report covers three of them. Two mechanisms use innocent landowner status -- "innocent" referring to a landowner's lack of actual or constructive knowledge on the date of site acquisition as to the presence of hazardous contamination there. The third is based on the bona fide prospective purchaser concept, and is intended to encourage redevelopment of sites known at the time of...
Revenue Reconciliation Directives in the FY2004 Budget Resolution
This report discusses the proposed levels of revenue reduction in the President’s budget and the congressional budget resolution for FY2004, the features of the budget reconciliation process, the inclusion of revenue reconciliation directives in the FY2004 budget resolution, and selected procedural issues pertaining to the consideration of the resultant reconciliation legislation.
Committee Funding for the House and Senate, 108th Congress
The Senate adopted ad hoc procedures in approving committee operating budgets. With the Senate divided 51-48-1 at the beginning of the 108th Congress, Senate Democrats argued for a proportional allocation of committee staff between the parties. On January 15, after a week-long delay in the appointment of Senate committees, a unanimous consent agreement was reached providing for the proportional allocation of staff and office space between the parties on each committee, with a separate provision for each committee chair to control up to 10% of the committee budget to employ administrative...
South Korean Politics and Rising "Anti-Americanism": Implications for U.S. Policy Toward North Korea
In December 2002, South Koreans elected Roh Moo-hyun, a little-known, self-educated lawyer, as their president. The left-of-center Roh narrowly defeated the conservative candidate, Lee Hoi Chang. Roh ran on a platform of reform, pledging to make South Korean politics more transparent and accountable, to make the economy more equitable, and to make South Korea a more equal partner in its alliance with the United States. During the campaign, Roh pledged to continue his predecessor, Kim Dae Jung's, "sunshine policy" of engaging North Korea, and harshly criticized the Bush Administration's...
Department of Homeland Security: State and Local Preparedness Issues
The Homeland Security Act of 2002 (P.L. 107-296) makes the new Department of Homeland Security (DHS) responsible for providing assistance to state and local governments to ensure adequate preparedness for all disasters, including terrorist attacks. Several federal entities with functions relating to state and local preparedness, ranging from entire independent agencies to units of agencies and departments, will be transferred to the new department.
This report provides a brief summary of the last round of NATO enlargement. The report analyzes the key military and political issues in the debate over seven prospective members named at NATO's Prague summit. It then provides an overview of the positions of the allies and of Russia on enlargement, citing the effects of the terrorist attacks of September 11, 2001, on the United States. It concludes with a discussion of recent legislation on enlargement. This report will be updated as needed. See also CRS Report RS21354 , The NATO Summit at Prague, 2002 , CRS Report RL30168, NATO...
On March 25, 2003, President Bush requested $74.8 billion in the FY2003 Emergency Supplemental for ongoing military operations in Iraq, postwar occupation, reconstruction and relief in Iraq, international assistance to countries contributing to the war in Iraq or the global war on terrorism, the cost of the continued U.S. presence in Afghanistan, and additional homeland security. On April 12, 2003, the House and Senate passed the conference version of the FY2003 supplemental ( H.R. 1559 / H.Rept. 108-76 / P.L. 108-11 ). It includes $78.49 billion, $3.7 billion more than requested by the...
Appropriations for FY2003: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share -- about two-thirds -- of total U.S. international affairs spending. President Bush requested $16.45 billion (amended on September 3, 2002) for FY2003 Foreign Operations, an amount 7% higher than regular FY2002 appropriations, but slightly less than enacted FY2002 foreign aid appropriations when amounts ($1.2 billion) allocated from two...
Iraq: Turkey, the Deployment of U.S. Forces, and Related Issues
On March 1, 2003, the Turkish parliament rejected a resolution authorizing the deployment of U.S. forces to Turkey to open a northern front in a war against Iraq. The rejection resulted from strains within the ruling Justice and Development Party (AKP), an inexperienced leadership, competing influences, and the overwhelming opposition of Turkish public opinion. Moreover, the powerful Turkish military had not actively supported the government's position before the vote, and the President had suggested that the resolution would be unconstitutional. For a long time, Turkey had serious...
The Museum and Library Services Act of 2003, H.R. 13 , 108th Congress, as passed by the House, reauthorizes funding for the Institute of Museum and Library Services. It requires the Director to deny funding to any project that has been found to be obscene by a court, and requires the Director, in making grants, to "tak[e] into consideration general standards of decency and respect for the diverse beliefs and values of the American public." The Spending Clause of the Constitution gives Congress broad power to appropriate funds, and the content standards in H.R. 13 appears to fall well...
New Partnership for Africa's Development (NEPAD)
The New Partnership for Africa's Development (NEPAD), described by its proponents as a multi-sector, sustainable development policy framework, seeks to reduce poverty, increase economic growth, and improve socio-economic development prospects across Africa. Major NEPAD aims are to attract greater investment and development aid to Africa, reduce the continent's debt levels, and broaden global market access for African exports. NEPAD emphasizes increased democratization, political accountability, and transparency in governance in African states as primary means of achieving its goals. NEPAD...
A Brief Summary of the HIPAA Medical Privacy Rule
This report provides a brief overview of the modified HIPAA Privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). Issuance of the modified Privacy Rule by the Bush Administration is the culmination of a decades long debate over access to medical records that has pitted privacy advocates and civil libertarians against employers and much of the health care industry. As required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), a...
The Balance of Payments: Meaning and Significance
This report provides a basic discussion of the U.S. balance of payments (BOP). The BOP is a systematic accounting of the U.S.'s international transactions for a specified period of time. It is an economic indicator that is followed closely by Members and Committees concerned with international trade and financial flows. The BOP measures flows between U.S. and non-U.S. residents. Transactions involving items capable of directly satisfying economic needs and wants are recorded in the BOP's current account. These are further distinguished as goods and services trade, receipt or payment of...
In July 2002, the Organization of African Unity (OAU), founded in 1963 during the decolonization era, was superseded by the African Union (AU). An AU Interim Commission, created to transfer the institutional and real assets and liabilities of the OAU to the AU, and establish the AU's organizational structure, is the focal point of AU activities during its inaugural year. The AU's policy agenda overlaps substantially with that of the OAU, but more strongly emphasizes a need for greater economic growth and for governance reforms. The AU is likely to confront many of the same policy and...
Appropriations for FY2003: Commerce, Justice, and State, the Judiciary, and Related Agencies
The Commerce, Justice, and State, the Judiciary, and other related agencies (often referred to as CJS) appropriations for FY2003 were completed by Congress and signed ( P.L. 108-7 ) by the President on February 20, 2003, five months into the budget year. The enacted CJS appropriation provides $44,773.7 million in new budget authority (before applying an across-the-board rescission of 0.65%). President Bush sent the FY2003 budget request to Congress on February 4, 2002 seeking a total budget authority level for CJS appropriations of $44,019.0 million -- a mandatory level of $649.3 million...
Middle East Oil Disruption: Potential Severity and Policy Options
Military action in Iraq disrupted the world's crude oil supplies, but sufficient world supply was available during the disruption to keep the resulting price spikes within tolerable levels. With the elimination of the regime of Saddam Hussein, the resumption of Iraqi oil exports seems near, world oil prices have fallen, and adequate supplies from other exporters are available to satisfy near-term demand, which is entering the seasonally slack spring period. Until they halted in mid-March 2003, Iraq's petroleum exports recently averaged about 1.5 million barrels per day (mbd),...
Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives
This report discusses the Rehabilitation Act of 1973, which is the nation's major program providing comprehensive vocational rehabilitation (VR) services to help persons with physical and mental disabilities become employable and achieve full integration into society.
Post-War Iraq: Potential Issues Raised by Previous Occupation and Peacekeeping Experiences
In the immediate aftermath of the coalition victory in Iraq, U.S. policymakers face a number of decisions regarding security and government in post-war Iraq. While there are significant differences between the Iraq situation and other post-war experiences, observations and "lessons learned" from such experiences might be relevant. This report will discuss six security and governance issues raised by previous experiences, with particular reference to U.S. post-World War II occupation experiences and also peacekeeping experiences in the Balkans and Afghanistan. It may be updated as new...
Compliance with the HIPAA Medical Privacy Rule
As of April 14, 2003, most health care providers (including doctors and hospitals) and health plans are required to comply with the new Privacy Rule mandated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and must comply with national standards to protect individually identifiable health information. The HIPAA Privacy Rule creates a federal floor of privacy protections for individually identifiable health information; establishes a set of basic consumer protections; institutes a series of regulatory permissions for uses and disclosures of protected health...
This report is an overview of proposed constitutional amendments (including H.J.Res. 50 and H.J.Res. 54 , 108th Cong.) to require a super-majority vote for certain tax increases. Proponents of an extraordinary majority requirement argue that it would lead to greater public confidence in the predictability and stability of the tax system; opponents counter that such a requirement would disregard the constitutional principle of majority rule. There are now only a few constitutional provisions which expressly impose super-majority voting requirements. This report will be updated as...
Workplace Codes of Conduct in China and Related Labor Conditions
This report provides an overview of U.S. interests and policies regarding China's labor conditions. It compares a cross section of labor codes of conduct utilized by U.S. corporations and their suppliers that manufacture toys, shoes, apparel, and other labor intensive merchandise in China for export. Many consumer goods imported from China to the United States are produced by Hong Kong, Taiwanese, and South Korean factories in China for U.S. brands. Serious labor rights abuses have been reported in many of these factories. All of the codes sampled in this report mandate labor standards...
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
This report summarizes the major provisions of the Americans with Disabilities Act (ADA), and also discusses selected recent issues, including ten ADA Supreme Court cases.
On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002, P.L. 107-204 . This law has been described by some as the most important and far-reaching securities legislation since passage of the Securities Act of 1933, 15 U.S.C. Sections 77a et seq ., and the Securities Exchange Act of 1934, 15 U.S.C. Sections 78a et seq ., both of which were passed in the wake of the Stock Market Crash of 1929.
The Act establishes a new Public Company Accounting Oversight Board which is to be supervised by the Securities and Exchange Commission. The Act restricts accounting...
Iraq War: Background and Issues Overview
The Iraq war was launched on March 19, 2003, with a strike against a location where Iraqi President Saddam Hussein and top lieutenants were believed to be meeting. On March 17, President Bush had given Saddam an ultimatum to leave the country or face military conflict. Although some resistance was encountered after U.S. troops entered Iraq, all major Iraqi population centers had been brought under U.S. control by April 14. In November 2002, the United Nations Security Council had adopted Resolution 1441, giving Iraq a final opportunity to "comply with its the disarmament obligations" or...
Sponsorship and Cosponsorship of House Bills
This report discusses the sponsorship and co-sponsorship of House bills. A Representative who introduces a bill or other measure in the House is called its sponsor. Under House Rule XII, clause 7, several Members together may submit a bill, but the first-named Representative is considered the chief or primary sponsor; the others are considered cosponsors.
Introducing a Senate Bill or Resolution
This report discusses the beginning steps in the Senate's legislative procedure. Ideas and recommendations for legislation may come from private sources, like ordinary citizens or interest groups; executive branch agencies and the White House; states and localities; and, of course, from individual Senators, committees and other Senate work groups, and party and chamber leaders. Any or all of these entities may also participate in drafting legislation (resolutions as well as bills).
Budget FY2003: A Chronology with Internet Access
This is a select chronology of, and a finding guide for information on, congressional and presidential actions and documents related to major budget events in calendar year 2002, covering the FY2003 budget. Brief information is provided for the President’s budget, congressional budget resolutions, appropriations measures (regular, continuing, supplementals, and rescissions), budget reconciliation, House and Senate votes, line-item vetoes, publications, testimony, charts, and tables.
The Bill Emerson Humanitarian Trust: Background and Current Issues
The Bill Emerson Humanitarian Trust is becoming a critical component of the U.S. response to humanitarian food emergencies in Africa, Iraq, and elsewhere. The Trust, as presently constituted, was enacted in the 1998 Africa Seeds of Hope Act ( P.L. 105-385 ). It replaced the Food Security Commodity Reserve established in 1996 and its predecessor the Food Security Wheat Reserve of 1980. The Trust is a reserve of up to 4 million metric tons of wheat, corn, sorghum and rice that can be used to help fulfill P.L. 480 food aid commitments to developing countries under two conditions: (1) to meet...
The Discharge Rule in the House: Recent Use in Historical Context
The discharge rule of the House of Representatives affords a way for Members to bring to the floor a measure not reported from committee. Before a motion to discharge may be made, 218 Members must sign a petition for that purpose. This report provides summary data on discharge petitions filed since adoption of the present form of discharge rule in 1931. It also identifies the 32 occasions since 1967 on which a committee report or floor action occurred on a measure against which a petition was filed (or an alternative measure on the same subject).
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 107th Congress
Federal mandatory minimum sentencing statutes (mandatory minimums) demand that execution or incarceration follow criminal conviction. They cover drug dealing and using a gun to commit a federal crime, among other crimes. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentencing and a certain means of incapacitating the criminally dangerous. Among the bills introduced in the 107th Congress, some would have created new...
The Discharge Rule in the House: Recent Use in Historical Context
The discharge rule of the House of Representatives affords a way for Members to bring to the floor a measure not reported from committee. It may also be used to bring to the floor a special rule for consideration of a measure, either reported or unreported, if the Committee on Rules declines to do so. Before a motion to discharge may be made, 218 Members must sign a petition for that purpose.
Since the present form of discharge rule was adopted in 1931, 563 discharge petitions have been filed, of which 47 obtained the required signatures. The House voted for discharge 26 times, and passed...
During the 107th Congress, 125 nominations to full-time positions on 33 regulatory and other boards and commissions were submitted to the Senate by the President. President Clinton submitted 12 of these nominations before he left office on January 20, 2001, and these 12 were withdrawn by President Bush on March 19, 2001. President Bush submitted 113 nominations, of which 72 were confirmed, 6 were withdrawn, and 35 were returned to him (13 at the August 2001 recess and 22 at the end of the Congress). President Clinton made 12 recess appointments during the intersession between the 106th and...
Transit Program Reauthorization in the 108th Congress
This report discusses the re authorization of transit programs funded by the Federal Transit Administration’s (FTA).
Russia's Chechnya Conflict: Developments in 2002-2003
After the terrorist attacks on the United States in September 2001, the United States and Russia adopted a cooperative stance against global terrorism that many observers viewed as including enhanced U.S. recognition that Russia's conflict in its breakaway Chechnya region (with a population estimated at less than one-half to one million) was, in part, a struggle against terrorism. This cooperation became strained in recent months -- for reasons that included more U.S. criticism of intensified Russian fighting in Chechnya deemed to violate human rights -- but appeared to be re-affirmed...
The Endangered Species Act: Consideration of Economic Factors
The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be "endangered" or "threatened" -- species that might become extinct. The listing of a species as endangered triggers the prohibitions in the act against "taking" (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential...
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral...
Now that the U.S.-led coalition has overthrown Saddam Hussein's regime in Iraq, the question of Russia's position on the conflict again focuses on political and economic issues, including Russia's role in the U.N.. President Putin still appears to be trying to balance three competing interests: protecting Russian economic interests in Iraq; restraining U.S. global dominance; and maintaining friendly relations with the United States. This report will be updated periodically.
Army Corps of Engineers: Civil Works Reform Issues for the 107th Congress
This report presents the issues considered by the 107th Congress related to the civil works program of the U.S. Army Corps of Engineers (Corps). The Corps plans, constructs, and operates water resources facilities primarily for flood control, navigation, and environmental purposes.
U.S. Use of Preemptive Military Force
This report reviews the historical record regarding the uses of U.S. military force in a "preemptive" manner, an issue that emerged during public debates prior to the use of U.S. military force against Iraq in 2003. It examines and comments on military actions taken by the United States that could be reasonably interpreted as preemptive in nature. For purposes of this analysis a preemptive use of military force is considered to be the taking of military action by the United States against another nation so as to prevent or mitigate a presumed imminent military attack or use of force by...
International Law and the Preemptive Use of Force Against Iraq
On March 19, 2003, the United States, aided by Great Britain and Australia, initiated a military invasion of Iraq. Both the U.S. and Great Britain contended that they had sufficient legal authority to use force against Iraq pursuant to Security Council resolutions adopted in 1990 and 1991. But President Bush also contended that, given the "nature and type of threat posed by Iraq," the U.S. had a legal right to use force "in the exercise of its inherent right of self defense, recognized in Article 51 of the U.N. Charter." Given that the U.S. had not previously been attacked by Iraq,...
Stewardship Contracting for Federal Forests
Many forests, especially the national forests, are widely thought to have unnaturally high amounts of dead and dying trees, dense undergrowth, and dense stands of small trees. This biomass can exacerbate insect and disease infestations and wildfire threats. Because much of this biomass has little or no commercial value, some have proposed stewardship contracting to reduce these threats. Two approaches have been suggested: traditional service procurement contracts and contracts that include exchanging goods (timber) for stewardship services. Congress authorized...
A History of Federal Estate, Gift, and Generation-Skipping Taxes
In this report, the history of the federal transfer taxes, has been divided into four parts: (1) the federal death and gift taxes utilized in the period 1789 to 1915; (2) the development of the modern estate and gift taxes from 1916 through 1975; (3) the creation and refinement of a unified estate and gift tax system, supplemented by a generation-skipping transfer tax; and (4) the phase out and repeal of the estate and generation-skipping taxes, with the gift tax being retained as a device to protect the integrity of the income tax.
Appropriations for FY2003: VA, HUD, and Independent Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This Report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittee on VA, HUD, and Independent Agencies.
"Safe Haven" for Abandoned Infants: Background on the Issue and State Laws
The number of infants abandoned by their birth parents in public places appears to have increased in recent years, prompting legislatures in 42 states to enact new legislation since 1999. For the most part, these laws are intended to provide a "safe haven" for birth parents to surrender their unharmed children and provide them protection from liability. Anecdotal reports suggest this issue may be growing in scope, but no comprehensive information is available. The 107th Congress passed the Promoting Safe and Stable Families Amendments of 2001 ( P.L. 107-33 ), which amended the definition...
On November 25, 2002, ninety-two countries, including the United States, signed a draft international code of conduct (ICOC) intended to control the proliferation of ballistic missiles. This code of conduct joins the 1987 Missile Technology Control Regime (MTCR) as the primary means by which the international community attempts to regulate missile proliferation. Both are arrangements, not treaties, requiring voluntary application of standards and measures by participating countries. While the MTCR has been credited with a number of successes over the years, critics point out that it lacks...
Agricultural Trade Issues in the 108th Congress
Agricultural exports contribute to the prosperity of the U.S. agricultural economy. Their value is projected at $57 billion for FY2003, and they are expected to grow over the long term. These exports are the equivalent of about a quarter of the gross income of U.S. farmers and generate both farm and nonfarm employment. U.S. agricultural imports, expected to reach $43 billion in FY2003, are fostered by low average U.S. tariffs, the relative strength of the U.S. dollar, and consumer tastes and preferences for high value food products, the largest component of imports. A large share...
Violence Against Women Office: Background and Current Issues
This report discusses issues regarding the Violence Against Women Office (VAWO), which was created in 1995 to address legal and policy issues concerning violence against women.
Congressional Investigations: Subpoenas and Contempt Power
When conducting investigations of the executive branch, congressional committees and Members of Congress generally receive the information required for legislative needs. If agencies fail to cooperate or the President invokes executive privilege, Congress can turn to a number of legislative powers that are likely to compel compliance. The two techniques described in this report are the issuance of subpoenas and the holding of executive officials in contempt. These techniques usually lead to an accommodation that meets the needs of both branches. Litigation is used at times, but federal...
One of the major trade issues in the 107th Congress (2001-2002) was whether Congress would approve trade promotion authority (TPA; formerly called fast-track authority) for trade agreements. Under these provisions, Congress agrees to consider legislation to implement a trade agreement under special legislative procedures that limit debate and allow no amendment. The President is required to consult with congressional committees during negotiation and notify Congress at major stages. This report gives background on the origin of TPA/fast-track legislation, trade agreements negotiated...
In Ashcroft v. Free Speech Coalition , the Supreme Court declared unconstitutional the federal child pornography statute to the extent that it prohibited material that was produced without the use of an actual child. (1) The case held, in other words, that pornography produced without the use of a minor, whether drawn or painted, computer-generated, or produced only with adult actors, is protected by the First Amendment, even if it appears to portray a minor, unless it is obscene. (2) In response to this decision, the Senate and House passed differing versions of S. 151 , 108th...
Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation
In Ashcroft v. Free Speech Coalition , the Supreme Court declared unconstitutional the Child Pornography Prevention Act of 1996 (CPPA), P.L. 104-208 , to the extent that it prohibited material that was produced without the use of an actual child. The only possible means that the Court explicitly left open for Congress to try to restrict such material was to ban it, but allow an affirmative defense that the material was produced without using actual children. Even this approach the Court did not say would be constitutional, but merely found no need to decide whether it would be. This...
In Ashcroft v. Free Speech Coalition , the Supreme Court declared unconstitutional the federal child pornography statute to the extent that it prohibited material that was produced without the use of an actual child. (1) The case held, in other words, that pornography produced without the use of a minor, whether drawn or painted, computer-generated, or produced only with adult actors, is protected by the First Amendment, even if it appears to portray a minor, unless it is obscene. (2) In response to this decision, the Senate and House passed differing versions of S. 151 , 108th...
Terrorist Motivations for Chemical and Biological Weapons Use: Placing the Threat in Context
There is widespread belief that the likelihood of terrorist use of chemical and biological weapons (CBW) is increasing, in part as a result of publicized new evidence of terrorist interest and capabilities, as well as the political fall-out from the war in Iraq. This is a serious present concern that deserves examination in the broader framework provided by the patterns, motivations and historical context for the current terrorist threat. Although it can have a powerful psychological impact, past CBW use by terrorists has been rare and has not caused a large number of...
Pakistan-U.S. Anti-Terrorism Cooperation
Pakistan is a key front-line ally in the U.S.-led anti-terrorism coalition. After September 2001, Pakistani President Musharraf ended his government's ties with the Taliban regime of Afghanistan and has since cooperated with and contributed to U.S. efforts to track and capture remnants of Al Qaeda and Taliban forces that have sought refuge inside Pakistani territory. Pakistan's cooperation has been called "crucial" to past and ongoing U.S. successes in the region, but there is growing concern that the bilateral relationship is fragile and may be undermined by potentially...
Iraq: A Compilation of Legislation Enacted and Resolutions Adopted by Congress, 1990-2003
This report is a compilation of legislation on Iraq from 1990 to the present. The list is composed of resolutions and public laws relating to military action or diplomatic pressure to be taken against Iraq. (1) The list does not include foreign aid appropriations bills passed since FY1994 that deny U.S. funds to any nation in violation of the United Nations sanctions regime against Iraq. (2) Also, measures that were not passed only in either the House or the Senate are not included (with the exception of the proposals in the 108th Congress and several relevant concurrent and joint...
The Treasury and General Government accounts are funded for FY2003 through the Consolidated Appropriations Resolution, 2003 ( P.L. 108-7 ; Division J). Because the accounts in this appropriation were not funded, other than under continuing resolution, as the 107th Congress adjourned, legislation was required for that purpose early in the 108th Congress. During the interim, the accounts were funded at FY2002 enacted levels. P.L. 108-7 also requires a rescission across all discretionary funding within the Act. On February 4, 2002, President George W. Bush submitted his FY2003 budget to...
Federal Pay: FY2003 Salary Adjustments
Federal white-collar employees are to receive an annual pay adjustment and a locality-based comparability payment, effective in January of each year, under Section 529 of P.L. 101-509 , the Federal Employees Pay Comparability Act (FEPCA) of 1990. In January 2003, they received a 3.1% annual pay adjustment under Executive Order 13282 issued by President Bush on December 31, 2002 and a locality-based comparability payment, averaging about 1.0% of the General Schedule payroll, under Executive Order 13291 issued by the President on March 21, 2003. The locality pay adjustment is retroactive to...
The United States Supreme Court has rejected constitutional challenges to two state sex offender registration and notification statutes (SORA), Connecticut Dept. of Public Safety v. Doe , 123 S.Ct. 1140 (2003); Smith v. Doe , 123 S.Ct. 1160 (2002). In one, it concluded that as a matter of due process registrants under the Connecticut statute need not be afforded the opportunity of a hearing to establish that they should be released from the burdens of the statute because they are not currently dangerous. In the other, it held that the ex post facto clause does not ban application of the...
RICO and Abortion Clinic Protests in the Supreme Court: Scheidler v. NOW
The Supreme Court has ruled that the National Organization for Women (NOW) and two abortion clinics may not sue anti-abortion protesters under the federal Racketeer Influence and Corrupt Organizations (RICO) provisions based solely upon allegations that the protesters' efforts to shut down the clinics constituted extortion, Scheidler v. NOW , 123 S.Ct. 1057 (2003). The majority opinion by Chief Justice Rehnquist, joined by seven other justices noted that RICO requires the commission of a pattern of racketeering activity. Racketeering activity is defined to include extortion under the...
The Eighth Amendment's cruel and unusual punishments clause forbids grossly disproportionate sentences. The question of how to determine whether a particular term of imprisonment is grossly disproportionate under the facts of a particular case has divided the Court for years. The division was evident in the Court's recent treatment of the issue in two cases arising under the California Three Strikes law, Lockyer v. Andrade , 123 S.Ct. 1166 (2003), and Ewing v. California , 123 S.Ct. 1179 (2003). In Andrade , the Court conceded that its precedents were unclear. As a consequent, federal...
"Digital Rights" and Fair Use in Copyright Law
This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost
always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.
Appropriations for FY2003: District of Columbia
On February 20, 2003, President Bush signed the Consolidated Appropriations Act for FY2003, P.L. 108-7 (formerly H. J. Res. 2). Division C of the act appropriates $512 million in federal funds for the District of Columbia. for fiscal year 2003. On February 13, 2003, the House and the Senate approved the conference report ( H.Rept. 108-10 ) accompanying H. J. Res. 2. The Senate approved an earlier version of H.J.Res. 2 , on January 23, 2003, that would have allowed the District of Columbia to spend $5.8 billion in locally raised funds while Congress completed action on the proposed $517...
Total Information Awareness Programs: Funding, Composition, and Oversight Issues
Late last year controversy erupted about a Department of Defense (DOD) R&D effort called Total Information Awareness (TIA) under an office headed by retired Admiral John D. Poindexter within the Defense Advanced Research Projects Agency (DARPA). By integrating various new tools designed to detect, anticipate, train for, and provide warnings about potential terrorist attacks, DARPA hopes to develop a prototype Total Information Awareness system. This system would integrate a number of ongoing R&D efforts, referred to in this paper as Total Information Awareness programs. While concern has...
This report describes the Total Information Awareness (TIA) programs in the Defense Advanced Research Projects Agency (DARPA) of the Department of Defense, and related information access, collection, and protection laws. TIA is a new technology under development that plans to use data mining technologies to sift through personal transactions in electronic data to find patterns and associations connected to terrorist threats and activities. Data mining technologies are currently used by federal agencies for various purposes. DARPA has underway a five year research project to develop and...
U.S. Global Health Priorities: USAID's Global Health FY2003 Budget
Global health has become a major focus of the U.S. foreign assistance program. Congressional proponents of more health assistance have successfully increased appropriations above Administration requests in recent years. Some have challenged the Administration's FY2003 budget proposal during the foreign operations debate, particularly the manner in which the Administration proposed the United States Agency for International Development (USAID) allocate its funds. It requested a $36 million increase in FY2003 for global health programs. It proposed that more than 40% of the global health...
Potential Humanitarian Issues in Post-War Iraq: An Overview for Congress
Since 1996, the Oil For Food Program (OFFP) has alleviated some of the worst effects of the 1991 Gulf-War international sanctions regime, but the humanitarian situation in Iraq (defined as an urgent need for food, shelter and basic health care) remains serious. While some improvements have been seen in nutrition, health services, water supply and sanitation, there is greater dependence on government services, and observers of the Iraq situation have identified disturbing health and nutrition problems affecting the civilian population. These have been tied to the consequences of war,...
Australian-U.S. Economic Relations
Australia and the United States maintain extensive economic relations. Each is a strong proponent of more liberalized trade in the World Trade Organization. Australia, like the U.S., maintains relatively few trade barriers. U.S.-Australian economic ties have expanded steadily over the past several years, although some trade disputes have arisen, especially in regard to agriculture issues. In 2002, the two nations agreed to begin negotiations for a free trade agreement, which, if achieved, could further boost bilateral economic ties. This report will be updated as events warrant.
Enron: A Select Chronology of Congressional, Corporate, and Government Activities
This report presents basic background information on the collapse of the Enron Corporation, identifying public policy issues in financial market oversight. This report briefly summarizes some federal laws carrying criminal penalties which may be implicated in the events surrounding the collapse of the Enron Corp. This report compares the auditing and accounting reform measures passed by the House (H.R. 3763) and reported by the Senate Committee on Banking, Housing, and Urban Affairs. This report compares the major provisions of three auditor and accounting reform proposals: H.R. 3763, S....
The Amending Process in the Senate
This report summarizes many of the rules, precedents, and practices of the Senate affecting the consideration of amendments to measures on the floor. Much of the information presented here has been extracted from Riddick’s Senate Procedure (Senate Document 101-28) the published collection of Senate precedents.
Appropriations for FY2003: Interior and Related Agencies
The Interior and Related Agencies Appropriations bill includes funds for the Department of the Interior (DOI), except for the Bureau of Reclamation, and funds for some agencies or programs within three other departments--Agriculture, Energy, and Health and Human Services. It also funds numerous smaller related agencies. On February 4, 2002, President Bush submitted his FY2003 budget for Interior and related agencies, totaling $18.94 billion compared to $19.17 billion enacted for FY2002 ( P.L.107-63 ). While the House passed an Interior funding bill in the 107th Congress, the Senate did...
Appropriations for FY2003: Labor, Health and Human Services, and Education
This report tracks the legislative progress of the FY2003 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED). This Act provides discretionary funds for three federal departments and related agencies. The report summarizes L-HHS-ED discretionary funding issues, but not authorization or entitlement issues. On February 4, 2002, the President submitted the FY2003 budget request to the Congress. The L-HHS-ED request is $130.7 billion in discretionary funds; the comparable FY2002 amount was $128.1 billion, enacted...
Federal Services for Constituents Available in Foreign Languages: Selected Sources
This report is a directory of sources on various federal constituent services available in foreign languages, to assist congressional offices in serving non-English speaking constituents. The topics covered are: access to jobs and workers’ issues, Americans with Disabilities Act, childcare, consumer protection, disaster relief, elder care, emergency preparedness, environmental protection, Federal Bureau of Investigation, food safety, health, higher education, homeland security, housing, immigration, immunizations, Medicaid, Medicare, the Presidency, retirement, Small Business...
Animal Agriculture Issues in the 107th Congress: A Retrospective
A variety of animal agriculture issues, including prices, the impact of consolidation in the meat production/packing industry, trade, and the environmental impacts of large feedlots, generated interest in the 107th Congress. The farm bill ( P.L. 107-171 ; H.R. 2646 ), signed by the President on May 13, 2002, contained several provisions affecting animal agriculture, including protections for contract growers, disaster assistance, required country-of-origin labeling for consumer meat products, and increased funding for conservation purposes. USDA announced on September 19, 2002, that...
Risk Assessment and Regulation in the Federal Government: A Brief Overview
An important function of the regulatory process on the federal level is to assess and control risks--damage from events that may or may not occur--that confront the citizenry. Some agencies use risk assessment methods to help understand and control risks; they then use the rulemaking process to select which methods of risk control to use. Risk assessment, the rulemaking process, and methods of risk control all generate controversy. Congress sometimes mandates which risks federal agencies address, to what extent they are controlled, and how they are controlled. Congress may change how...
The Effect of the President’s Dividend Relief Proposal on Corporate Tax Subsidies
The first section of this report explains how these excludable dividend amounts (EDAs) work and how they affect the value of corporate tax preferences. The second section of the report details alternative approaches and their effects on corporate tax subsidies. The next section of the report explores the rationale for EDAs. The final section concludes with a review of general policy issues, including a discussion of the general types of corporate tax preferences currently allowed and a discussion of possible alternative approaches.
Environmental Protection Issues in the 107th Congress
This report discuss issues that received congressional attention in the 107th Congress, such as The impact of air quality regulations, key water quality issues, superfund, solid/hazardous wastes, multibillion dollar cleanup and compliance programs, climate change, pesticides, EPA budget, and Science and Technology.
Trade and the 108th Congress: Major Legislative and Oversight Initiatives
Trade will continue to be an active topic for the 108th Congress. However, with the passage of the Trade Act of 2002, it is not expected that the 108th Congress will consider comprehensive legislation that might alter the basic foundation of U.S. trade statutes. Nevertheless, several legislative initiatives and active oversight of a growing number of specific issues can be expected. Legislatively, the Bush Administration later this year is expected to ask Congress to approve free trade agreements (FTAs) it has concluded with Chile and Singapore. If the Administration this year or early...
Iraq - U.S. Confrontation: A Chronology of Events from October 2002 to March 2003
This chronology, which begins in October 2002 and ends in March 2003, covers events surrounding the evolving confrontation between Iraq and the United States on the issue of Iraq's possession of weapons of mass destruction. The chronology will not be updated past March 10, 2003. For the latest information on the developing Iraq-U.S. confrontation, see Iraq-U.S. Confrontation: Daily Developments , online at http://www.crs.gov/products/browse/iraqdocs/iraqdaily.shtml .
FY2004 Budget Documents: Internet Access and GPO Availability
Every year the President submits to Congress a series of budget volumes which provides the text of the President’s proposed budget for the coming fiscal year. Neither CRS nor the Library of Congress can provide giveaway copies of these documents. This report provides brief descriptions of these budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices to obtain these publications.
Child Care Issues in the 107th Congress
Many bills relating to child care have been introduced since 1996, but most have failed to be enacted into law. The notable exceptions were appropriations acts that included increases in discretionary funding for child care and some related programs. In 2001, the Bush Administration introduced new proposals and initiatives as part of the FY2002 budget, and the FY2002 appropriations process addressed the issue of funding levels for some of those proposals. The FY2002 appropriations act for the Departments of Labor, Health and Human Services (HHS) and Education (Ed) ( P.L. 107-116 )...
District of Columbia: Issues in the 108th Congress
This report provides an overview of District of Columbia-related policy and funding issues of interest to Congress. The United States Constitution gives Congress exclusive legislative authority over the affairs of the District of Columbia. As a result, the 108th Congress may debate a number of funding, governance, and constitutional issues affecting the District of Columbia, including approval of the city’s budget, enactment of a general federal payment, budget autonomy for the city, and voting representation in Congress. In addition, Congress will consider whether to continue to include...
Export-Import Bank: Background and Legislative Issues
This report discusses the Export-Import Bank (Ex-In Bank), the chief U.S. government agency that helps finance American exports of manufactured goods and services with the objective of contributing to the employment of U.S. workers.
Turkmenistan's Attempted Coup: Repercussions and U.S. Concerns
Turkmenistan's President Saparamurad Niyazov announced on November 25, 2002, that assassins had just tried to kill him, and alleged that several prominent expatriate oppositionists had been aided at least tacitly by neighboring countries in hatching the attempted coup. The United States, international human rights organizations, and others have raised strong concerns about apparent human rights abuses committed by the Turkmen government in pursuing the coup plotters. This report may be updated. Related products include CRS Issue Brief IB93108, Central Asia's New States , and CRS Report...
Georgia's Pankisi Gorge: Russian Concerns and U.S. Interests
Georgia has faced difficulty in asserting control over its Pankisi Gorge area bordering Russia's breakaway Chechnya region. During 2002, Russia increasingly threatened to intervene in the Gorge, claiming that Chechen rebels and international terrorists based there were making forays into Russia. U.S. interest in the Gorge was spurred by evidence that terrorists there might have been linked to Al Qaeda, and the United States provided training and equipment to help Georgia reassert control over the area. This report may be updated. Related products include CRS Issue Brief IB95024, ...
The Community Oriented Policing Services (COPS) Program: An Overview
This report provides an overview of the Community Oriented Policing Services (COPS) program, administered by the Department of Justice (DOJ), which provides financial assistance to eligible police departments to help improve community policing efforts. It includes a brief discussion of the establishment of the program, guidelines and requirements for grantees, and a summary of various Department of Justice initiatives under the COPS program.
Iraq: Potential Post-War Foreign Aid Issues
Following a possible war in Iraq, the United States would be likely to launch a program of foreign assistance there to help reconstruct the country. This report considers the amount of aid potentially required, how long it might be needed, and the purposes to which it might be put, among other issues. It will not be updated.
The World Trade Organization: Background and Issues
The World Trade Organization (WTO) was established on January 1, 1995,
under an agreement reached during the Uruguay Round of multilateral trade negotiations. The Uruguay Round was the last of a series of periodic trade negotiations held under the auspices of the WTO’s predecessor, the General Agreement on Tariffs and Trade (GATT). Among the questions asked during debate on U.S. trade policy and the WTO are: To what extent should the United States meet its trade goals in theWTO versus other options? Can the United States maintain its sovereignty as a member of the WTO? Are U.S. interests...
Distribution of Child Support Collections
P.L. 104-193 , the 1996 welfare reform law, substantively changed the rules governing how child support collections are distributed among families, states, and the federal government. The general rules in effect as of October 1, 2000 are that child support collected during the time a family receives cash welfare belongs to the state; current child support and arrearages (past-due payments) that are owed to a family that is no longer receiving welfare belongs to the family; and child support owed to a family that never received welfare belongs to the family. This is referred to as the...
Appropriations for FY2003: U.S. Department of Agriculture and Related Agencies
On February 20, 2003, the President signed into law the FY2003 omnibus appropriations act ( P.L. 108-7 , H.J.Res. 2 ), containing funding for agencies and programs within the eleven regular FY2003 appropriations bills that were unresolved in the 107th Congress. For the U.S. Department of Agriculture (USDA) and related agencies, P.L. 108-7 contains a total regular annual appropriation of $74.25 billion, of which $56.7 billion is for mandatory programs and $17.55 billion is for discretionary programs. The $17.55 billion in discretionary funds is $805 million below the Senate-passed...
Eliminating International Child Labor: U.S. and International Initiatives
International child labor has become an increasingly important issue in discussions concerning international trade, human rights and foreign aid. While a number of international, national and local initiatives seek to abolish the practice, there continues to be a debate on what constitutes child labor. Some consider any work undertaken by children to be child labor, while others may use the term to refer to work under abusive conditions. The International Labor Organization (ILO) defines child labor as a form of work that is inherently hazardous, employs children below the...
Appropriations for FY2003: Legislative Branch
Final congressional action on the FY2003 legislative branch bill was completed on February 13, 2003, when both houses agreed to the conference report on H.J.Res. 2 , the FY2003 omnibus appropriations resolution. The President signed the resolution into law on February 20 ( P.L. 108-7 ) Division H of P.L. 108-7 contains $3.36 billion for legislative branch activities. Language in the Act also requires a rescission of 0.65% in the appropriations of most entities funded in the bill, including those for the legislative branch. The FY2003 legislative branch appropriation of $3.36 billion,...
Conference Reports and Joint Explanatory Statements
The conference report presents the formal legislative language on which the conference committee has agreed. The joint explanatory statement explains the various elements of the conferees’ agreement in relation to the positions that the House and Senate had committed to the conference committee.
Homeland Security Act of 2002: Critical Infrastructure Information Act
The Critical Infrastructure Information Act of 2002 (“CIIA”), to be codified at 6 U.S.C. §§131 - 134, was passed on November 25, 2002 as subtitle B of Title II of the Homeland Security Act (P.L. 107-296, 116 Stat. 2135, sections 211 - 215), and regulates the use and disclosure of information submitted to the Department of Homeland Security (DHS) about vulnerabilities and threats to critical infrastructure. This report examines the CIIA. For further information, see CRS Report RL30153, Critical Infrastructures: Background, Policy, and Implementation, by John D. Moteff. This report will be...
Iraq: The Debate Over U.S. Policy
The passage of H.J.Res. 114 ( P.L. 107-243 ) in both the House and Senate on October 11, 2002, appeared to reflect a consensus on giving the President the authority, subject to several important conditions, to use United States' Armed Forces to eliminate Iraq's weapons of mass destruction (WMD). At the same time, the debate over the Iraq war resolution also reflected continuing divisions in Congress regarding how to deal with the challenge posed by Saddam Hussein's WMD programs and capabilities, and the Administration's handling of this issue. These divisions continue and in some ways...
Special Rules in the House of Representatives
This document also available in PDF Image . The House Rules Committee enables the House to debate and vote on major legislation that is not privileged for floor consideration and that cannot pass by unanimous consent or under suspension of the rules. The Committee reports resolutions, known as rules or special rules, to make individual bills in order for floor action and to affect the procedures for debating, amending, and voting on the bills, usually in Committee of the Whole. Open rules do not restrict the germane floor amendments that Members can propose. Closed rules generally...
Appropriations for FY2003: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil works projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation (BOR), most of the Department of Energy (DOE), and a number of independent agencies. The Bush Administration requested $25.5 billion for these programs for FY2003 compared with $25.2 billion appropriated in FY2002. The House Appropriations Committee recommended a bill, H.R. 5431 , with $26.0 billion on September 5, 2002. On July 24, 2002, the Senate Appropriations Committee had reported out its own bill, S....
Immigration Legislation Enacted in the 107th Congress
The 107th Congress enacted a variety of immigration-related laws. The Homeland Security Act ( P.L. 107-296 ) reorganizes the federal government with the creation of a new Cabinet-level Department of Homeland Security. As part of this reorganization, it abolishes the Immigration and Naturalization Service (INS) and transfers INS's enforcement and service functions to separate bureaus within the new department. The USA PATRIOT Act ( P.L. 107-56 ) and the Enhanced Border Security and Visa Entry Reform Act ( P.L. 107-173 ) contain important provisions on border security, admissions policy, and...
Appropriations for FY2003: Transportation and Related Agencies
On February 20, 2003, President Bush signed the FY2003 Consolidated Appropriations Resolution ( H.J.Res. 2 : H.Rept. 108-10 , P.L. 108-7 ), providing appropriations for the Department of Transportation (DOT) and other departments. Congress agreed to the conference committee report on February 13, 2003. It provides $64.6 billion to the DOT and related agencies for FY2003, minus a 0.65% across-the-board rescission which reduces the total by around $420 million (figures in this report do not reflect the 0.65% rescission, as it is unclear how that cut would be calculated for DOT and related...
Reconstruction Assistance in Afghanistan: Goals, Priorities, and Issues for Congress
Afghanistan has taken the first step toward reconstruction. According to many observers, the most serious challenge facing Afghans and Afghanistan today remains the lack of security. Most experts agree on the need for substantial, long-term reconstruction with international support, but questions are raised about the funds required, the priorities, and the coordination necessary for this process. This report examines U.S. foreign aid to Afghanistan in the context of the international effort and explores the major issues for Congress. As a result of decades of violent conflict,...
Homeland Security: Department Organization And Management -- Legislative Phase
After substantial congressional entreatment, President George W. Bush gave impetus to the creation of a Department of Homeland Security when, on June 6, 2002, he proposed the establishment of such an entity by Congress. At the time, bills to mandate a department were pending in both houses of Congress. The President's action was viewed as an effort to move beyond the coordination efforts of the Office of Homeland Security, established by E.O. 13228 of October 8, 2001, to a strong administrative structure for managing consolidated programs concerned with border security and effective...
Clean Air: New Source Review Policies and Proposals
On November 22, 2002, the Environmental Protection Agency (EPA) finalized revisions to several aspects of the Clean Air Act’s (CAA) New Source Review (NSR) requirements. At the same time, EPA proposed rules to clarify the definition of “routine maintenance” under NSR. The proposed and final rules have generated controversy. The Bush Administration has argued that the new rules will reduce pollution and increase energy efficiency. In contrast, the State and Territorial Air Pollution Program Administrators (STAPPA) and Association of Local Air Pollution Control Officials (ALAPCO) argue that...
Amtrak Issues in the 108th Congress
This report discusses a number of issues connected with Amtrak that Congress may consider. Amtrak does not earn enough revenue, or receive enough assistance, to cover its operating costs and capital needs. As a result, Amtrak is regularly on the verge of insolvency.
Foreign Direct Investment in China
This report provides an overview of global Foreign Direct Investment in the People's Republic of China, examines its effects on the Chinese economy, surveys U.S. FDI in China, and includes a discussion of policy implications for the United States. China, by far, is the largest recipient of FDI among emerging economies with an inflow of $52.7 billion in 2002 and 424,196 foreign-affiliated firms operating in China representing paid-in foreign investment of $448.0 billion. These firms account for about half of China's exports and imports. Nearly 1,500 U.S. companies from 41 states have direct...
Copyright Term Extension: Eldred v. Ashcroft
This report examines the U.S. Supreme Court’s decision in Eldred v. Ashcroft. Plaintiffs/Petitioners challenged the constitutionality under the Copyright Clause of a law adding 20 years to the terms of existing and future copyrights. The law was upheld by both the U.S. district court and the court of appeals considering it. Among the questions before the Supreme Court was whether Congress may retrospectively extend the term of copyright for existing copyrights; and, what role and impact, if any, does the First Amendment have in determining the validity of a congressional extension of...
Liability Issues Associated with the Space Shuttle Columbia Disaster
The loss of the Space Shuttle Columbia resulted in the tragic deaths of seven astronauts and a
hail
of debris strewed over parts of at least two states. Investigators remain uncertain why Columbia was
lost; there have been no definitive determinations of underlying causes or fault. But while the facts
of the Columbia disaster are unclear, the legal principles and processes that govern possible
compensation for the resultant losses of life and property can be identified. This report provides an
overview of these issues and will be updated as circumstances warrant. (1)
1. This...
Appropriations for FY2003: Military Construction
The military construction (MilCon) appropriations bill provides funding for (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) the bulk of base realignment and closure (BRAC)costs. On February 4, 2002, the Administration submitted a $379 billion FY2003 defense budget request. Of this, $9.0 billion was designated for accounts falling within the jurisdiction of the Appropriations Committees' subcommittees on military construction. This request...
This report discusses bills related to Medicare benefits, which include additional assistance for low-income beneficiaries. The assistance would have been in the form of reduced, subsidized or eliminated premiums, deductibles and other cost-sharing. Proposals in the 108th Congress will probably also include some of these features for low-income beneficiaries.
During the 107th Congress, 354 nominations to executive department full-time positions were submitted to the Senate. Of these nominations, seven were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 347 nominations, of which 297 were confirmed, two were withdrawn, 35 were returned to him at the August 2001 recess, one was returned to him at the adjournment of the first session, and 12 were returned to him at the end of the 107th Congress. President Clinton made eight recess appointments during the...
President Bush's Proposed Medicare-Endorsed Drug Discount Card Initiative: Status and Issues
On July 12, 2001, President Bush announced a Medicare-endorsed prescription drug discount card program to help seniors lower their out-of-pocket drug costs. The President stated that the discount card program would be an interim measure until a broader Medicare prescription drug benefit for seniors can be created. Many seniors do not have adequate prescription drug coverage. In 1998, an estimated 10 million elderly people, or 27% of Medicare beneficiaries, did not have any form of prescription drug coverage. The Administration planned to implement the card program in January 2002, but...
The Right of Undocumented Alien Children to Basic Education: An Overview of Plyler v. Doe
In Plyler v. Doe (457 U.S. 202 (1982)), the Supreme Court held that it was unconstitutional for Texas to deny illegal alien children who were residing in the state equal access to its elementary and secondary schools. Though the vote was close (5-4), Plyler remains good law and continues to be cited for the proposition that illegal aliens are not beyond protection under the Constitution. However, while Plyler set limits on state power, it clearly suggested that constitutional restrictions on the ability of states to discriminate against illegal aliens may be influenced...
Clean Air Act Issues in the 107th Congress
In the 107th Congress, the most prominent air quality issue has been whether state and federal regulations designed to protect air quality are having a negative impact on energy production, and, if so, whether legislation should be enacted to reform such regulations. The early discussion focused primarily on California, but with the release of the Administration’s energy policy recommendations in May 2001 and subsequent congressional action, attention shifted to issues more national in scope.
INS Reorganization Under the Homeland Security Act of 2002: Effective Dates and Dual Roles
As a current agency within the US Department of Justice, the Immigration and Naturalization Service (INS) provides immigration and citizenship services as well as law enforcement functions. Under the Homeland Security Act of 2002, INS will be abolished upon the completion of all transfers from INS to the Department of Homeland Security (DHS). Under President Bush's Reorganization Plans and in accordance with the Act, the dual roles of INS will be transferred on March 1, 2003 and will form three distinct bureaus within the DHS. This report discusses the status of the dual roles provided by...
The Commodity Futures Modernization Act (P.L. 106-554)
The last act of the 106th Congress was to pass an omnibus bill that included the Commodity Futures Modernization Act (H.R. 5660; P.L. 106-554), the most significant amendments to the regulation of derivatives trading in 25 years. Derivative financial instruments are those that gain or lose value as some underlying rate, price, or other economic variable changes. The 106th Congress approved an overhaul of derivatives regulation which codified the unregulated status of certain derivatives, permitted the exemption of other currently-regulated contracts from oversight by the Commodity Futures...
Auditing and Its Regulators: Reforms After Enron
Auditors are regulated by both governmental agencies and professional organizations, though many now question whether this oversight is adequate. Enron’s auditor, Arthur Andersen, has been investigated by the U.S. Securities and Exchange Commission (SEC), several congressional committees, and other agencies, and it is facing numerous law suits. A federal jury convicted the firm on obstruction of justice charges on June 15, 2002. Other corporations and their auditors are also under scrutiny.
Numerous accounting and audit reforms have been proposed, including some by the accounting...
Managing International Financial Crises: Alternatives to "Bailouts," Hardships and Contagion
Since 1995, a number of measures have been adopted to help prevent future international financial crises. Similar progress, however, has not been made in the management of such crises. Currently there is no clear alternative to large loans (often called bailouts) by the IMF or letting the debtor country fend for itself (which may lead to severe recession in the debtor country and/or the spread of the crisis to other countries). Two recent proposals -- one by Anne Krueger of the IMF and the other by John Taylor of the U.S. Treasury - aim to resolve this dilemma by establishing a...
India and Pakistan: U.S. Economic Sanctions
In 1998, India and Pakistan each conducted tests of nuclear explosive devices, drawing world condemnation. The United States and a number of India's and Pakistan's major trading partners imposed economic sanctions in response. Most U.S. economic sanctions were lifted or eased within a few months of their imposition, however, and Congress gave the President the authority to remove all remaining restrictions in 1999. The sanctions were lifted incrementally. President Bush issued a final determination on September 22, 2001, to remove the remaining restrictions, finding that denying export...
Federal Energy Regulatory Commission's Standard Market Design Activities
On July 31, 2002, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on standard market design (SMD) that is intended to remove the remaining impediments to competitive electricity markets. FERC expects to issue a final rule in the summer of 2003. The SMD NOPR addresses congestion management, long-term resource planning, day-ahead and spot market design, and market monitoring and mitigation. Those in favor of the SMD NOPR argue that it is necessary to eliminate discrimination in the transmission system and to create competitive markets. Opponents...
This report discusses the background information and most recent development in U.S.-China relations since mid-1996. The relations also have been marred by continuing allegations of Chinese espionage, ongoing controversy over human rights, charges that China continues to violate its non-proliferation commitments, controversy over the accidental NATO bombing of the Chinese Embassy in Belgrade, and renewed tensions over Taiwan. The report describes current issues in U.S.-China relations such as; Human Rights Issues, Issues in U.S.-China Security Relations, Economic Issues, and Sovereignty...
Individuals with Disabilities Education Act (IDEA) and Medicaid
This report begins with an overview of Individuals with Disabilities Education Act (IDEA). It then discusses the distinction made in IDEA between medical services and health services. The report then summarizes the provisions in law that link Medicaid funding to IDEA. Next the report provides an overview of the complexities of Medicaid eligibility and covered services. Following that discussion, the report analyzes possible reasons why Medicaid appears to cover relatively little of IDEA health-related costs. Finally the report outlines possible legislative approaches with respect to...
This is a brief sketch of the death penalty, terms of imprisonment, fines, sentencing guidelines, forfeitures, civil penalties and other sanctions associated with the proscriptions of the federal Controlled Substances Act and related statutes. The Controlled Substances Act (CSA) assigns various plants, drugs and chemicals to one of five schedules and authorizes the Attorney General to add or reassign substances to the schedules according to the risks they represented and medical benefits they provided. Those who wish to manufacture, distribute or dispense controlled substances must be...
The Child Tax Credit After the Economic Growth and Tax Relief Reconciliation Act of 2001
This report discusses the child tax credit was initially enacted as part of the Taxpayer Relief Act of 1997. Congress passed the credit because it believed that the tax structure did not adequately reflect a family’s reduced ability to pay taxes as family size increased. The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) increases the child tax credit from its prior law level of $500 to $1,000.
Drug Offenses: Sentencing Under the United States Sentencing Guidelines - An Example
The federal sentencing guidelines determine the sentences imposed as punishment for most federal crimes. The guidelines system is essentially a scorecard system. This is the application of the sentencing guidelines to the case of a defendant convicted of possession of crack cocaine with the intent to distribute and with unlawful possession of a firearm. The example follows the outline that governs federal sentencing under the guidelines: I. The applicable guideline which sets the base offense level for the crime(s) of conviction (i.e., the level assigned based on the nature of the...
U.S. Occupation of Iraq? Issues Raised by Experiences in Japan and Germany
This report provides background on the U.S. occupation experiences in Japan and Germany after World War II, and discusses four sets of factors from this period that could be relevant to a U.S. occupation of Iraq. These are: (1) acceptance of U.S. goals, (2) homogeneity of the occupied populations, (3) ability to manage their own affairs, and (4) international legitimacy and support. This report will not be updated
Sports Legislation in the 106th Congress
Over the past few decades, Congress and other federal agencies have given greater attention to public policy issues associated with amateur and professional sports in the United States. Congress has focused on sports in the context of other public policy issues: antitrust, labor relations, immigration, gambling and other criminal behavior, player and fan violence, broadcasting and cable issues, taxation, drug abuse and testing, federal spending relative to the conduct of U.S. held Olympic Games, sports franchise relocations, legal and illegal gambling, and equal access for women to...
EPA's Water Quality Trading Policy
On January 13, 2003, the Environmental Protection Agency announced a Water Quality Trading Policy intended as an innovative approach to assist industry and municipalities in meeting Clean Water Act obligations. Trading allows one source to meet regulatory requirements by buying credit for pollutant reductions from another source that has lower pollution control costs. The policy revises a 2002 proposal which reflected lessons learned from a similar trading policy issued by the Clinton Administration in 1996. Water quality or effluent trading projects have occurred in the United States...
Economic and Revenue Effects of Permanent and Temporary Capital Gains Tax Cuts
Recent proposals have been made to enact either a temporary or a permanent capital gains tax cut. The former would probably gain revenue in the first 2 years but lose that revenue and more, most likely within the following 3 years. H.R. 3090, passed by the House, would lower the top tax rate from 20% to 18% for assets held at least a year. The Senate Finance Committee version of H.R. 3090, does not reduce capital gains taxes. A capital gains tax cut appears the least likely of any permanent tax cut to stimulate the economy in the short run; a temporary capital gains tax cut is unlikely to...
Animal Agriculture: Issues in the 107th Congress
A variety of animal agriculture issues, including prices, the impact of consolidation in the meat production/packing industry, trade, and the environmental impacts of large feedlots, continue to generate interest in Congress. This issue brief discusses these issues, as well as the 2002 farm bill, which contains several provisions affecting animal agriculture, including protections for contract growers, disaster assistance, country-of-origin labeling, and increased funding for conservation purposes.
Critical Infrastructure Information Disclosure and Homeland Security
Critical infrastructures have been defined as those systems and assets so vital to the United States that the incapacity of such systems and assets would have a debilitating impact on the United States. One of the findings of the President’s Commission on Critical Infrastructure Protection, established by President Clinton in 1996, was the need for the federal government and owners and operators of the nation’s critical infrastructures to share information on vulnerabilities and threats. However, the Commission noted that owners and operators are reluctant to share confidential business...
Critical Infrastructures: What Makes an Infrastructure Critical?
A fluid definition of what constitutes a critical infrastructure could complicate policymaking and actions. At the very least, a growing list of infrastructures in need of protection will require the federal government to prioritize its efforts. Essentially the federal government will have to try to minimize the impact on the nation’s critical infrastructure of any future terrorist attack, taking into account what those impacts might be and the likelihood of their occurring.
Enron and Stock Analyst Objectivity
Stock analysts provide research on companies and make recommendations on their stocks. When analysts are employed by brokerage firms and provide information for the firms’ retail and institutional clients, they are called sell-side analysts. Analysts who work specifically for institutional investors like mutual and pension funds are known as buy-side analysts. Because of their widespread presence
in the national media, sell-side analysts’ recommendations have become part of the public domain and they can have significant influence on stock prices. This report examines the performance of...
Employer Liability Provisions in Selected Patient Protection Bills
In the various patient protection bills introduced in the 106th (H.R. 5628, S.Amdt. 3694, H.R. 2990) and to date in the 107th (H.R. 526, H.R. 2315, H.R. 2563, S. 889, S. 1052), Congress has attempted to address the issue of employer liability by limiting liability to certain persons or circumstances. This report provides an overview of the employer liability provisions of selected bills from the 106th and 107th Congress.
Farm Bill Trade and Food Aid Provisions
This report discusses the trade provisions of omnibus farm legislation, passed and signed into law in May 2002. The
measure includes a trade title reauthorizing, through 2007, the major foreign food aid and agricultural export programs. It also contains other provisions affecting agricultural trade, including new country-of-origin labeling requirements for meat, seafood, and produce; and increased domestic farm subsidies with possible implications for U.S. trade relations.
Employer Stock in Retirement Plans: Investment Risk and Retirement Security
This CRS Report begins by describing the shift from traditional defined benefit pensions to defined contribution plans – like the 401(k) – that has occurred over the last 20 to 25 years. It then summarizes recent research findings on the extent to which employees’ retirement savings are invested in employer stock. The third section of the report outlines the provisions of federal law that define an employer’s duty to manage its retirement plan in the best interest of the plan’s participants. The report concludes with a summary of pension reform legislation passed by the House of...
A Primer on E-Government: Sectors, Stages, Opportunities, and Challenges of Online Governance
Electronic government (e-government) intersects many legislative issues, including privacy, digital divide (the lack of equal access to computers, whether due to a lack of financial resources or necessary skills), public access to government information, service delivery, and information security. E-government solutions are prominently represented in efforts to improve the management and efficiency of government information technology resources. To help policymakers discern e-government initiatives relative to their role in various issues, this report identifies and defines the principal...
Accounting Problems Reported in Major Companies Since Enron
Since the sudden collapse of Enron Corp. in the fall of 2001, and the series of accounting scandals that followed, the integrity of corporate financial accounting has emerged as a public policy concern. Over 100 U.S. companies, including several of the largest, restated (or corrected) their previously-announced financial results in the first half of 2002. During the 1980s and early 1990s, by contrast, there were an average of about 50 restatements per year. Does the increase represent a decline in the quality of corporate accounting, the inevitable fallout from the end of an...
Medicare Structural Reform: Background and Options
THis report provides a brief overview of major issues underlying the debate about possible structural reforms or improvements to the current Medicare system. Medicare is a nationwide health insurance program for the aged and certain disabled persons.
Iraq-Kuwait: United Nations Security Council Resolutions Texts -- 1992-2002
The United Nations Security Council has adopted 39 resolutions relating to the Iraq-Kuwait situation since the end of 1991. This report lists these 39 resolutions, provides the Security Council vote on each, and sets out the complete text of each resolution. In addition, a number of relevant U.N. documents are included. The texts of the 24 resolutions adopted in 1990 and 1991 may be found in two CRS reports, 90-513 and 91-395. This report will not be updated. A new report will be issued for resolutions adopted on Iraq by the U.N. Security Council in 2003 and thereafter.
Pension Reform: The Economic Growth and Tax Relief Reconciliation Act of 2001
On June 7, 2001 the President signed into law the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16 ). Title VI of this law deals with pension plans and retirement savings accounts. P.L. 107-16 increases the maximum annual contribution to an individual retirement account (IRA) from $2,000 per individual to $5,000. It also increases the annual contribution limits on Section 401(k) plans, Section 403(b) annuities, and Section 457 deferred compensation plans for employees of state and local governments. Other measures are intended to encourage employers to...
Designating Lake Saint Clair a "Great Lake": Legal Analysis
The Great Lakes and their connecting waters form the largest fresh surface water system on Earth. The Great Lakes affect millions of people as well as aspects of the natural environment. Consequently, law makers have now become sensitive to the industrial and environmental needs of the Lakes. Several federal agencies play key roles in the management and protection of the Great Lakes by implementing programs for pollution control, conservation, navigation, and scientific research. Lake Saint Clair is located between Lakes Huron and Erie, and is the smallest lake in the Great Lakes system....
Terrorism and the Military's Role in Domestic Crisis Management: Background and Issues for Congress
The United States faces a number of significant national security threats, ranging in scope from intercontinental ballistic missiles to the use of weapons of mass destruction (WMD) by terrorists. The debate over the seriousness of the various threats intensified recently, even before the events of September 11, 2001. Various studies and commissions recommended far reaching changes in the U.S. approach to domestic preparedness and response to threats to the homeland, many now being implemented. Many experts believe the probable long term effects of a WMD attack by terrorists on the...
The Low-Income Home Energy Assistance Program (LIHEAP)
This report provides background on the Low-Income Home Energy Assistance program (LIHEAP), originally established in 1981 by Title XXVI of P.L. 97-35 and reauthorized several times. It is a block grant program under which the federal government gives states, the District of Columbia, U.S. territories and commonwealths, and Indian tribal organizations (referred to as grantees) annual grants to operate multi-component home energy assistance programs for needy households.
Immigration of Agricultural Guest Workers: Policy, Trends, and Legislative Issues
This report discusses the revision of U.S. immigration policy on agricultural guest workers that are coming from various perspectives, and several major bills have already been introduced in the 107th Congress.
This report discusses federal, state, and local government funding for faith-based organizations (FBOs) to provide services to needy citizens. It provides an overview of several selected issues including the effectiveness of FBOs, their accountability for results, and the working relationship that FBOs have at various levels of government.
Ergonomics in the Workplace: Is It Time for an OSHA Standard?
Improper ergonomic design of jobs is one of the leading causes of work-related illness, accounting for perhaps a third of employers’ costs under state workers’ compensation laws. Due to the wide variety of circumstances, however, any comprehensive standard would probably have to be complex and costly, while scientific understanding of the problem is not complete.
This report provides a side-by-side comparison of the energy provisions of the new law with previously existing law, as well as the versions engrossed by the House and Senate in the 107th Congress. While the energy provisions in the House version were spread throughout the bill, the Senate version consolidated most of its energy provisions into Title IX - Energy. Both bills provided for the use of reserve land for renewable energy production. The House version also allowed for loans to farmers in response to high energy prices, while the Senate version did not.
The Partnership for a New Generation of Vehicles: Status and Issues
The Partnership for a New Generation of Vehicles (PNGV) was a cooperative research program between the federal government and the "big three" American automakers, Ford, DaimlerChrysler, and General Motors. It was financed by private contributions and the re-channeling of research funds for ongoing federal programs. Partners agreed to share research responsibilities and achievements. The goals of the program were to improve domestic manufacturing capabilities and to develop prototypes of a mid-sized family car with three times the fuel economy of a comparable 1994 model. All three...
House and Senate Vacancies: How Are They Filled?
Vacancies in Congress occur due to the death, resignation, or declination (refusal to serve) of a Senator or Representative, or as the result of expulsion or exclusion by either house. The Constitution requires that vacancies in both houses be filled by special election, but in the case of the Senate, it empowers state legislatures to provide for temporary appointments by the state governor until special elections can be scheduled. This report describes this process.
Military Base Closures: Agreement on a 2005 Round
Ninety-seven major military bases were recommended for closure and realignment by the 1988, 1991, 1993, and 1995 base realignment and closure (BRAC) commissions. Action on all 451 installations (major and minor) from the first four rounds was completed by the end of FY2001, as scheduled. The U.S. General Accounting Office has estimated that these closures and realignments produced net savings of about $16.7 billion as of the end of FY2001 and will continue to produce an estimated annual recurring savings thereafter of about $6.6 billion. In mid-1997, Secretary of Defense William Cohen...
This report discusses the M+C program that established new rules for beneficiary and plan participation. This report focuses on M+C payments.
House and Senate Vacancies: How Are They Filled?
This report discusses how vacancies in Congress are filled when a Senator or Representative dies, resigns, declines to serve, or is expelled or excluded from either house. The Constitution requires that vacancies in both houses be filled by special election, but in the case of the Senate, it empowers state legislatures to provide for temporary appointments by the state governor until special elections can be scheduled.
Ecstasy: Legislative Proposals in the 107th Congress to Control MDMA
Legislation has been proposed in the 107th Congress to combat the use and abuse of Ecstasy (MDMA) and other “club drugs.” In a 2001 survey, 12% of 12th graders reported ever having taken the drug. The Ecstasy Anti-Proliferation Act of 2000, enacted by the 106th Congress, directed the U.S. Sentencing Commission to increase penalties for Ecstasy offenses. As of March 2001, MDMA penalties became more severe than for powder cocaine but less severe than for heroin.
The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") is a specialized court with exclusive appellate jurisdiction over patent appeals. Congress established the Federal Circuit in 1982 in order to promote predictability and uniformity in the patent law. Now that the Federal Circuit has celebrated its twentieth anniversary, it is appropriate to consider the influence of the court upon patent law and, more generally, the climate for innovative industry within the United States. A number of commentators believe that the Federal Circuit has strengthened the economic, legal...
A New Farm Bill: Comparing the 2002 Law with Previous Law and House and Senate Bills
On May 13, 2002, President Bush signed a new farm bill -- The Farm Security and Rural Investment Act of 2002 ( P.L.107-171 ). This comprehensive new law contains ten titles covering commodity support, conservation, nutrition, trade, research, credit, rural development and other related programs. It makes significant changes to commodity, conservation and nutrition programs, and is intended to guide most federal farm and food policies through FY2007. The Congressional Budget Office (CBO) estimates (using the March 2002 baseline) place the total cost of the new bill (i.e., baseline plus new...
House Rules Changes Affecting Floor Proceedings in the 108th Congress
On the first day of the 108th Congress, the House agreed to H.Res. 5 , which made several rules changes affecting floor proceedings. The 108th Congress was the first Congress to convene after the terrorist attacks of September 11, 2001, and the House modified three rules to prepare for a catastrophic event. In addition, the House adjusted its rules regarding motions to instruct conferees and the admission of electronic devices on the floor. It also repealed the term limit on the Speaker. The House clarified rules concerning the access of leadership staff to the floor, five-minute voting...
Committee System Rules Changes in the House, 108th Congress
This fact sheet details changes in the committee system contained in H.Res. 5 , the rules of the House for the 108th Congress, adopted by the House January 7, 2003. (1) The fact sheet will not be updated unless further rules changes for the 108th Congress are adopted. 1. The resolution agreed to by the House, H.Res. 5 , also changed the rules affecting floor procedure. These changes are described in CRS Report RS21388(pdf) , House Rules Changes Affecting Floor Proceedings in the 108th Congress . The resolution also made technical and grammatical changes to the House rules.
Agricultural Trade Issues in the 107th Congress
The 107th Congress is considering trade issues with implications for the U.S. agricultural sector. Trade in agricultural commodities and food products affects farm income and rural employment, and it also generates economic activity beyond the farm gate. With agricultural export sales the equivalent of one-quarter of farm income, some policymakers view U.S. efforts to develop market opportunities overseas as vital to the sector’s financial health. Decisions taken by the Bush Administration, and actions taken by Congress, thus will affect the outlook for agricultural trade.
Military Transformation: Intelligence, Surveillance and Reconnaissance
The Department of Defense (DOD) indicates it is undertaking a major alteration in its capabilities, from a force designed to fight the Soviet Union to one tailored to 21st century adversaries including terrorism. This shift has been prompted by the perception of a changing threat and improved technology, especially information technology. As the military services attempt to increase the agility and versatility of their weapon systems, they also see a need to increase the capabilities of military intelligence, surveillance and reconnaissance (ISR) to support the new weapon systems...
The Intelligence Community and 9/11: Congressional Hearings and the Status of the Investigation
The terrorist attacks of September 11, 2001 led many to inquire whether there had been a failure by United States intelligence agencies to collect all available information about the plots that led to the attacks, to analyze it properly, and disseminate it in time to protect the American public. Congressional intelligence committees responded by launching an unprecedented Joint Inquiry to investigate the Intelligence Community's record in regard to the 9/11 attacks and make recommendations for further legislative action. The Joint Inquiry began its investigation in February 2002 and held...
U.S. Bilateral Assistance to Russia: 1992-2002
For more than ten years, the U.S. program of foreign assistance to Russia has supported three aims -- security , by promoting nuclear and chemical weapons nonproliferation activities; stability , by supporting a range of programs to create a democratic and economically prosperous Russia that would be a cooperative member of the international community; and humanitarian relief , reflecting traditional American values. Since it was launched, the Russia foreign aid program has been subject to considerable criticism. Some argued the amount of funding was too little, too late; others that...
Immigration: Adjustment to Permanent Resident Status Under Section 245(i)
Bills have been introduced in the 108th Congress to extend ( H.R. 85 ) or make permanent ( H.R. 47 ) a controversial immigration provision known as Section 245(i). Section 245(i) of the Immigration and Nationality Act (INA) was first enacted as a temporary provision in 1994 and has been extended several times since then. It enables unauthorized aliens in the United States who are eligible for immigrant visas based on family relationships or job skills to become legal permanent residents (LPRs) without leaving the country, provided they pay an additional fee. Before an alien can apply to...
Tax Activity in the 107th Congress
After passing a major multi-year tax cut in Mid-2001 (which was sunsetted after 10 years) and a stimulus bill in 2002, Congress considered, but did not complete, work on energy tax subsidies, tax incentives for charitable giving deductions, pension diversification in the wake of the ENRON problems, and tax shelters. The House passed several bills that would make the multiyear tax cut permanent as well as a bill to speed up certain provisions. This report will not be updated.
Energy Policy: Setting the Stage for the Current Debate
This report discusses the energy policy. Comprehensive energy legislation was introduced in the Senate by both parties by late March (S. 388, S. 389, S. 596, S. 597).
Sports Legislation in the 107th Congress
As a result of increasing conflict within the sports industry over the past few decades, Congress and other federal agencies have given greater attention to public policy issues associated with amateur and professional sports in the United States. Congress has focused on sports in the context of related public policy areas. These areas are: antitrust, labor relations, immigration, player and fan violence, broadcasting and cable issues, taxation, drug abuse and testing, federal spending relative to the conduct of U.S.-held Olympic Games, sports franchise relocations, legal and illegal...
Smallpox: Technical Background on the Disease and Its Potential Role in Terrorism
Smallpox, which kills approximately 30% of its victims, is estimated to have killed between 300 and 500 million people in the twentieth century before the World Health Organization's successful eradication program. The smallpox vaccine is effective at preventing smallpox but has a higher complication rate than any other currently used vaccine. The terrorist attacks of 2001 have increased fears that smallpox might be used as a weapon of terror. Smallpox has several properties that might make it desirable by terrorists, such as contagiousness and high lethality. These factors and its limited...
Smallpox Vaccine Stockpile and Vaccination Policy
On December 13, 2002, President George W. Bush announced the administration's long-awaited policy for vaccinating U.S. citizens against smallpox. That same day, the government began vaccinating an estimated 500,000 troops and other personnel who serve in high risk parts of the world. Voluntary vaccination of up to 500,000 civilian health care and public health workers probably would not begin until after January 24, 2003, a date set by Section 4 of the Homeland Security Act of 2002 ( P.L. 107-296 ). The Bush Administration plan for civilian health care workers follows the October 17, 2002,...
Interstate Waste Transport: Legislative Issues
This report discusses ten issues raised by proposed legislation to allow controls on interstate commerce in solid waste. Such legislation has been considered in every Congress since 1990. Renewed interest has been generated by developments in Michigan, which has seen a sharp increase in waste imports from Canada as Toronto has closed local landfills. New York City's closure of its last remaining landfill in March 2001 also generated concern in several states that now receive its waste. Issues discussed in the report include whether to presumptively ban new waste shipments, whether to...
Clean Water Issues in the 107th Congress
Key water quality issues currently include: actions to implement existing provisions of the Clean Water Act (CWA), whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water infrastructure and other activities. In the second session of the 107th Congress, House and Senate committees approved legislation to reauthorize water infrastructure funding programs (H.R. 3930, S. 1961), but no further action occurred. Congress has been examining impacts on agricultural producers and how the programs will be funded.
National Identification Cards: Legal Issues
In the wake of the tragic events of September 11, 2001, renewed debate has arisen regarding the efficacy and legal implications of a national identification card, a form of identification that would be something more comprehensive than a driver's license, a Social Security card or a passport. Such debate has centered around finding the appropriate balance between maintaining personal freedom and protecting national security. Proponents contend that a card using "biometric" surveillance technologies such as electronic retinal scans or fingerprints could help reduce and/or track...
This report provides background on the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States, P.L. 107-38 (H.R. 2888) as well as the criteria for use of the funds developed by The Office of Management and Budget (OMB). It also outlines information about supplemental fund distributions in three tables.
Cuba: Issues for the 107th Congress
Cuba remains a hard-line Communist state, with a poor record on human rights. Fidel Castro has ruled since he led the Cuban Revolution, ousting the corrupt government of Fulgencio Batista from power in 1959. With the cutoff of assistance from the former Soviet Union, Cuba experienced severe economic deterioration from 1989 to 1993. There has been some improvement since 1994 as Cuba has implemented limited reforms.
Since the early 1960s, U.S. policy toward Cuba has consisted largely of isolating the island nation through comprehensive economic sanctions. The Bush Administration has...
Iran: Arms and Weapons of Mass Destruction Suppliers
Successive U.S. administrations since Iran's 1979 Islamic revolution have viewed Iran as a potential threat to U.S. allies and forces in the Persian Gulf and in the broader Middle East and have sought to limit its strategic capabilities. The greater visibility of moderate elements inside Iran since 1997 led the United States to seek to engage Iran in a formal governmental dialogue, but the Clinton and George W. Bush Administration did not reduce U.S. efforts to deny Iran advanced conventional arms and weapons of mass destruction (WMD) technology. Iran's moderates appear to see...
U.S. International Refugee Assistance: Issues for Congress
The United States is the largest national contributor to international humanitarian assistance programs for refugees. Traditionally, it contributes to refugee appeals both to alleviate the suffering of innocent victims and out of concern that refugee flows can lead to instability in countries or regions important to U.S. foreign policy interests. The United States is also the largest resettlement country. The money for humanitarian assistance and some of the costs of resettlement in the United States is authorized under the Migration and Refugee Assistance (MRA) account of the Department...
United Nations High Commissioner for Refugees (UNHCR)
Established in 1950, the United Nations High Commissioner for Refugees (UNHCR) provides legal protection, implements long-term solutions, and coordinates emergency humanitarian relief for refugees and other displaced persons around the world. At the beginning of 2002, the populations of concern to UNHCR totaled 19.8 million people, which included 12 million refugees. Currently, UNHCR faces a series of challenges: the protection of displaced populations that are not technically refugees and thus fall outside the mandate of UNHCR; availability of resources; a worldwide asylum crisis;...
Foreign Affairs, Defense, and Trade: Key Issues for the 108th Congress
The 108th Congress will be faced early on with a number of pressing foreign affairs, defense, and trade issues. This report provides background information on the issues most likely to be taken up in the first session, analyzes the congressional role in shaping U.S. policy on these key issues, and lists CRS products that provide more detailed discussion and analysis. The terrorist attacks on the World Trade Center and the Pentagon dramatically altered the U.S. political environment, pushing issues of war and homeland security to the top of the policy agenda. Of particular concern to...
The Export Administration Act: Controversy and Prospects
The 108th Congress again is expected to consider legislation to rewrite or to reauthorize the Export Administration Act (EAA). In the 107th Congress, the Export Administration Act of 2001 (S. 149) was introduced on January 23, 2001. The Senate passed S. 149 on September 6, 2001 by a vote of 85-14. A companion version in the House, H.R. 2581, was introduced by Rep. Gilman on July 20, 2001. The House International Relations Committee reported the measure with 35 amendments on August 1. The House Armed Services Committee further amended H.R. 2581 and reported out the bill on March 6, 2002....
Export Administration Act of 1979 Reauthorization
The Export Administration Act of 2001 was introduced on January 23, 2001. Hearings were held by the Senate Banking, Housing, and Urban Affairs Committee, and the bill was reported for consideration by the full Senate by a vote of 19-1 to March 22, 2001. A companion version in the House, H.R. 2581, was introduced by Rep. Gilmanon July 20, 2001. The House International Relations Committee reported the measure with 35 amendments on August 1. The Export Administration Act of 1979 expired on August 20, 2001, however the President extended export control authority and the Export Administration...
The Military Draft and a Possible War with Iraq
Since the possibility of a second major war with Iraq became apparent in mid-2002, interest and concern about a return to the draft have manifested themselves for the first time since the 1991 Persian Gulf War. As was the case in 1991, a review of military manpower levels and potential war scenarios suggests that only a prolonged war, with major military reverses for U.S. forces, or new international developments creating the need for substantially larger armed forces, would result in a military requirement to reinstitute the draft. Virtually all proposed scenarios for a war with...
Congressional Budget Actions in 2002
During the second session of the 107th Congress, the House and Senate will consider many different budgetary measures. Most of these measures will pertain to FY2003 (which will begin on October 1, 2002) and beyond, but some may make adjustments to the budget for FY2002. As the congressional session progresses, this issue brief will describe House and Senate action on major budgetary legislation within the framework of the congressional budget process and other procedural requirements.
Withdrawal from the ABM Treaty: Legal Considerations
On December 13, 2001, President Bush gave formal notice to Russia, Belarus, Kazakhstan, and the Ukraine that the United States was withdrawing from the Anti-Ballistic Missile Treaty because of the constraints it imposes on the testing of missile defense systems; and six months later, on June 13, 2002, the treaty effectively terminated. The ABM Treaty has been in force since 1972. Pertinent legal questions that have been raised about U.S. withdrawal concern whether the treaty allows it; if so, the procedure to be followed; and, finally, the constitutionality of the President doing...
Telecommunications Services Trade and the WTO Agreement
World telecommunications services trade is growing and evolving very rapidly, appearing to corroborate expectations that the 1997 international agreement to liberalize trade in basic telecommunications services would greatly increase world trade in those services. While the agreement, under the auspices of the World Trade Organization (WTO), faces many obstacles to full effectiveness, it is expected to benefit the highly competitive U.S. telecommunications industries and facilitate world economic growth. Congress, as always, is concerned that trading partners adhere to their commitments....
Government Performance and Results Act: Overview of Associated Provisions in the 106th Congress
The Government Performance and Results Act of 1993 (P. L. 103-62, known as GPRA, or the Results Act) established a new framework for performance management and budgeting in federal agencies. In complying with GPRA, agencies must set goals, devise performance measures, and assess results achieved. This report identifies and analyzes provisions in public laws and committee reports from the 106th Congress (1999-2000) relating to GPRA and its implementation, including comparisons to similar provisions in the 104th and 105th Congresses. The purpose of these studies is to review ways in which...
Constitutional Bounds on Congress' Ability to Protect the Environment
Federal protection of the environment must hew to the same constitutional bounds as any other federal activity. In the past decade, the Supreme Court has invigorated several of these bounds in ways that present new challenges to congressional drafters of environmental statutes. This report reviews five of these newly emergent constitutional areas. For each area, the focus is its significance for current and future federal environmental legislation. First, the Commerce Clause , requiring that activities regulated by federal laws enacted under the Clause have a sufficient nexus with...
Currently, in most parts of the United States, timepieces are moved forward one hour in the spring and back one hour in the fall to provide an extended daylight period during the summer months. This is known as Daylight Saving Time (DST). Much debate and many changes led to this present practice. This report provides a brief history of the issues surrounding DST, an outline of the legislation that created and modified it, and a list of references to more discussions.
Synthetic Poliovirus: Bioterrorism and Science Policy Implications
In July 2002, an online scientific journal published a report describing how to make the virus that causes polio from mail-ordered pieces of DNA. This sparked widespread concern that the same process could be used by terrorists to make this or other biological agents. Most bioterrorism experts agree that it would be much easier, cheaper, and quicker to obtain most such agents from naturally occurring sources. Smallpox and Ebola are frequently cited as exceptions; however, these agents would be significantly more difficult to synthesize than poliovirus. To limit the threat posed by...
Tax Returns of Individuals: Statistical Charts for the Five Most Recent Years
This report provides answers to some of the most frequently asked questions concerning the federal individual income tax, including the number of returns filed, average tax per return, and income tax as percentage of adjusted gross income. This report will be updated as the Internal Revenue Service (IRS) releases new or revised statistics.
Cloture Attempts on Nominations
Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. Until 1949, cloture could not be invoked on nominations, and before 1980 this action was attempted only twice. From 1949 through 2002, cloture was sought on 35 nominations, and invoked on 21. Only three of the 35 nominees were not confirmed; all three were among those on whom the Senate rejected cloture. Except in the 103rd Congress (1993-1994), most of the nominations involved have been judicial. The 103rd and 107th Congress are the only ones in which cloture was...
Multiparty, Multiforum Trial Jurisdiction Act of 2002, P.L. 107-273
Congress enacted the Multiparty, Multiforum Trial Jurisdiction Act of 2002 as section 11020 of the 21st Century Department of Justice Appropriations Authorization Act, P.L. 107-273 , H.R. 2215 . The Act allows the consolidation of causes of action growing out a single accident that involves the deaths of at least 75 individuals that might otherwise have been scattered in state and federal courts throughout the nation. Its provisions were gleaned almost entirely from section 3 of H.R. 860 the Multidistrict, Multiparty, Multiforum Trial Jurisdiction Act of 2001. H.R. 860 addressed...
2001 Tax Cut: Description, Analysis, and Background
A major tax cut, the Economic Growth and Tax Relief Reconciliation Act (EGTRRA), was enacted in June 2001. This report summarizes the provisions of the bill, analyzes effects, and considers the development of the legislation.
Terrorist Financing: The U.S. and International Response
The U.S.-led international campaign to deprive terrorists of funding has so far produced mixed results. Though more than $120 million in terrorists' accounts reportedly has been blocked since September 11, 2001, less than 20 percent of this total has been frozen in the past 11 months. The al Qaeda network increasingly is shifting to non-bank methods of moving and storing value and is relying on a decentralized structure of largely self-financing cells; moreover, Middle Eastern donors apparently continue to provide funds to al Qaeda and other terrorist groups. In addition, the campaign has...
Developing Countries: Definitions, Concepts and Comparisons
What is a developing country? How does one know whether a country is actually developing or not? This report looks at this issue from several perspectives. Using a series of reports by various organizations, it shows how countries rank in their levels of development according to different criteria. Countries ranking high according to one measure may rank lower according to another. It was once commonly believed that raising a country's average per capita income level would lead to improvements in most other areas. Time and experience have shown, however, that social conditions and the...
Latin America and the Caribbean: Legislative Issues in 2001-2002
This report provides an overview of the major legislative issues Congress dealt with in 2001 and 2002 relating to Latin America and the Caribbean. Organized by the regions and subregions of the Western Hemisphere, the report provides reference and linkages to other reports covering the issues in more detail. The importance of the region to the United States has been emphasized by President Bush's trips to Mexico in February 2001 and March 2002 and his trips to Peru and El Salvador in March 2002, and by a number of congressional trips to the region. At the hemispheric level, the major...
Authorization and Appropriations for FY2003: Defense
Congress has completed action on the FY2003 defense authorization ( H.R. 4546 ) and defense appropriations ( H.R. 5010 ) bills. The President signed the FY2003 defense appropriations act into law on October 23 ( P.L. 107-248 ), and he signed the FY2003 defense authorization act into law on December 2 ( P.L. 107-314 ). In addition, Congress has approved, and the President has signed, the military construction appropriations bill ( H.R. 5011 , P.L. 107-249 ). The House and Senate Appropriations Committees did not, however, take up bills to provide $10 billion that the Administration...
The United States welcomed the successful October conclusion of 2002 elections in the Indian state of Jammu and Kashmir, where nearly half of the electorate cast ballots. The elections resulted in the ousting of the long-dominant National Conference party, allies of the national coalition-leading Bharatiya Janata Party, thus bolstering the credibility of the process and dampening criticism from some quarters that the elections were flawed or "farcical." The opposition Indian National Congress and the regional People's Democratic Party (PDP) won a combined 36 seats in the state...
Child Abuse Prevention and Treatment Act: Reauthorization Proposals in the 107th Congress
The Child Abuse Prevention and Treatment Act (CAPTA) expired at the end of FY2001. In 2002 legislation to reauthorize CAPTA passed the House and the Senate Health, Education, Labor and Pensions Committee also approved CAPTA reauthorizing legislation. However no action was taken by the full Senate on CAPTA reauthorization before adjournment of the 107th Congress and each of the CAPTA reauthorizations proposals ( H.R. 3839 , H.R. 5601 , and S. 2998 ) died with the close of that Congress. Despite expiration of its funding authorization, Congress provided FY2002 funding ($81.6 million) for...
The September 11th Victim Compensation Fund of 2001
The Air Transportation Safety and System Stabilization Act, P.L. 107-42 ( H.R. 2926 ), which is designed to aid the airline industry after the terrorist attacks of September 11, 2001, was signed into law on September 22, 2001. Title IV of this statute, titled the "September 11th Victim Compensation Fund of 2001," creates a federal program to compensate victims of the September 11 attacks. A victim or, if he is deceased, his "personal representative," may seek no-fault compensation from the program or may bring a tort action against an airline or any other party, but may not do both,...
Federal Grants to State and Local Governments: Overview and Characteristics
Each fiscal year, Congress appropriates funds for grants to state and local governments to further national goals and assist state and local government operations. Examples of goals include attaining minimum national standards and improving program effectiveness. The federal government provides grants for numerous substantive purposes, such as crime prevention, community development, and transportation. In FY2001, grants to state and local governments totaled $317 billion. Grants can be classified by the substantive purposes they address. This report, however, reviews the...
Persistent Organic Pollutants (POPs): Background and Issues in the 107th Congress
Persistent organic pollutants (POPs) are chemicals that can harm human health and wildlife, do not break down easily in the environment, and tend to accumulate as they move up the food chain. Many POPs are transported in the air and water across international boundaries. In the last four years, the United States has joined in negotiations of three international agreements to address POPs: the 2001 Stockholm Convention on Persistent Organic Pollutants (POPs Convention), negotiated under the auspices of the United Nations (UN), "to protect human health and the environment from persistent...
Invasive Non-Native Species: Background and Issues for Congress
This report compares an approach based on a species-by-species assessment, vs. one based on pathways of entry. It also assesses the choice of an emphasis on prevention vs. post hoc control and intra-state quarantine. It describes existing federal laws and federal agency roles, federal interagency cooperation, and the federal interaction with state governments. Finally, it outlines effects, costs, and issues surrounding 47 selected harmful non-native species.
Iraqi Challenges and U.S. Responses: March 1991 through October 2002
This report is designed as a source of ready reference for congressional offices interested in instances of use of force by the United States against Iraq from the end of the 1990-1991 Gulf war until October 11, 2002.
Collective Bargaining and Homeland Security
This report discusses the personnel provisions of H.R. 5710 , the Homeland Security Act of 2002, and the President's existing authority under 5 U.S.C. Section 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively. H.R. 5710 , described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President's authority under 5 U.S.C. Section 7103(b)(1). The report provides a legislative history of 5 U.S.C....
Concurrent Receipt of Military Retirement and VA Disability Benefits: Budgetary Issues
House and Senate conferees on the FY2003 National Defense Authorization Act (H.R. 4546) are currently considering provisions that would lift the longstanding prohibition on concurrent receipt (simultaneous payment) of Department of Defense (DoD) retired pay and Department of Veterans’ Affairs (VA) disability benefits. The House-passed bill would phase in partial concurrent receipt by providing both retirement and VA benefits for those with disabilities of 60 percent or above by FY2007. The Senate-passed bill provides full concurrent receipt for military retirees with any disability rating...
Department of Homeland Security: Appropriations Transfer Authority
The Administration’s proposals regarding appropriations transfer authority have sparked controversy and engendered significant modifications in pending legislative proposals. This report defines appropriations transfer authority and explains its legal basis, examines recent congressional practices in this area, and assesses the current proposals regarding appropriations transfer authority for the DHS.
Turkey's November 3, 2002 National Election
In Turkey's November 3, 2002 national election, voters vented their frustrations over an impoverishing recession, a painful International Monetary Fund program, and endemic corruption by expelling the governing coalition parties and others. The Justice and Development Party (AKP), which has Islamist roots, won by occupying the terrain of the majority center-right of Turkish politics. It will form a government without its leader, Recep Tayyip Erdogan, who has been banned because of an Islamist speech. AKP's highest priorities are economic recovery and accession negotiations with the...
Benefits for the Aged and the Federal Budget: Short- and Long-Term Projections
As the 108th Congress addresses short-term budget decisions, it may also want to consider the long-run impacts of those decisions and the major shifts in budget composition that are underway. Congress may be pressed to add new benefits in response to population aging, such as improved support for long-term care and broader Medicare drug coverage.
Foreign Relations Authorization, FY2003: An Overview
Congress is required by law to authorize the spending of appropriations for the State Department and foreign policy activities every two years. The authorization process dovetails with the annual appropriation process for the Department of State (within the Commerce, Justice, State and Related Agency appropriation) and foreign policy/foreign aid activities (within the foreign operations appropriation). While Congress intended the legislation would serve as authorization for both FY2002 and FY2003, the delay in getting it through Congress led to a waiver of the authorization...
In their recent parliamentary elections, Slovaks surprised most outside observers by renewing the mandate of Prime Minister Mikulas Dzurinda and providing him with a more coherent governing coalition. The outcome may prove decisive in determining the country's foreign policy outlook. Slovakia is among the nine countries bidding for invitations to join NATO at the alliance's November 2002 Prague summit, and the ten leading candidate countries for European Union membership. Although no formal decision has yet been made on the selection of NATO candidate countries, U.S. and allied officials...
Agriculture and Fast Track or Trade Promotion Authority
New “fast track,” or trade promotion, authority (TPA) cleared the 107th Congress, and was signed into law (P.L. 107-210) on August 6, 2002. Such authority enables the Administration to submit negotiated foreign trade agreements to Congress for consideration under expedited procedures. Many agricultural and food industry interests were among the export-oriented enterprises that supported TPA, arguing that foreign trading partners would not seriously negotiate with an Administration that lacked it. However, some farm groups argued that fast track ultimately will lead to new agreements that...
The Contractor Responsibility Regulation: Needed Clarification or a Potential Blacklist?
This report analyzes the controversy, for the most part now concluded, surrounding a Clinton Administration revision of the Federal Acquisition Regulation to clarify the meaning and application of a statutory requirement that federal contracting officers must determine that a prospective contractor has "a satisfactory record of integrity and business ethics." The new rule issued in the Clinton Administration's final days, instructed contracting officers to consider compliance with a wide range of tax, employment, environmental, antitrust, and consumer protection laws in deciding whether a...
Each year, over one hundred commissioned military officers and Department of Defense (DOD) civilians participate in diverse programs outside DOD aimed at professional education of the individual and enrichment for the services and the host agency. Over the years, the general process of assigning DOD personnel, and especially military officers, outside of the Department has drawn public scrutiny. With U.S. forces involved in numerous military operations around the world and experiencing a high degree of personnel tempo, many have raised concerns that assignment of military officers to...
Detention of Noncitizens in the United States
The events following the attacks of September 11 have increased interest in the authority of the Attorney General to detain noncitizens (aliens) in the United States. The Attorney General has broad authority to detain aliens (noncitizens) while awaiting a determination of whether the noncitizen should be removed from the United States. The law also mandates that certain categories of aliens are subject to mandatory detention, i.e., the aliens must be detained. Aliens subject to mandatory detention include those arriving without documentation or with fraudulent documentation, those who are...
Florida Everglades Restoration: Background on Implementation and Early Lessons
Several complex water resource systems are receiving increasing intergovernmental and private sector efforts to balance human and broader ecosystem values. Examples include the Florida Everglades, San Francisco Bay-Sacramento/San Joaquin River Delta, and the Chesapeake Bay, among others. The Florida Everglades is especially prominent because of its inclusion of Everglades National Park and because human impacts in and around the Park have caused a substantial erosion of the balance and diversity of the original ecosystem. Government and private sector efforts to mitigate the effects of...
Agency Enforcement of the Prohibition Against Sex Discrimination Mandated by Title IX and EO 13160
This report provides a summary of the federal agencies’ enforcement of and compliance with the prohibition against sex discrimination mandated by Title IX and Executive Order 13160. Specifically, this report discusses the implementation of regulations and procedures for enforcing the Title IX compliance of grant recipients and for enforcing the compliance of the federal agencies themselves with President Clinton’s Executive Order.
Air Quality and Electricity: Initiatives to Increase Pollution Controls
Since the mid-1990s, EPA has initiated actions resulting in regulatory mandates and enforcement actions directed primarily at coal-fired electric generating utilities. These actions would, if implemented, substantially reduce air pollutants, particularly nitrogen oxides (NOx). These initiatives include the Ozone Transport Rule (also called the NOx SIP Call); a set of "Section 126 petitions" in which 12 states allege under Section 126 of the Clean Air Act (CAA) that pollutants originating in upwind states prevent their attainment of clean air standards; and a set of enforcement actions...
Budget Enforcement Procedures: Senate Pay-As-You-Go (PAYGO) Rule
The Senate “pay-as-you-go,” or PAYGO, rule generally requires that any legislation increasing direct spending or reducing revenues be offset. A motion to waive the rule requires an affirmative vote of three-fifths of the membership (i.e., 60 Senators if no seats are vacant). Beginning in 1993, six points of order under the PAYGO rule have been raised against an entire bill or an amendment. Of these six points of order, four were sustained and two fell upon the adoption of a waiver motion.
Nuclear Smuggling and International Terrorism: Issues and Options for U.S. Policy
The collapse of the USSR and its framework of totalitarian control raised fears of rampant nuclear proliferation, fueled by leakages of fissile materials from increasingly insecure Russian stockpiles. A major U.S. concern is that such materials and even complete nuclear weapons could gravitate into dangerous hands, increasing the array of potentially lethal dangers to Western security and stability. The dimensions of this threat have not been precisely calibrated. The amount of weapons-usable material leaking out of Russia has been small. Little visible evidence exists of participation...
Arctic National Wildlife Refuge: Legislative Issues
This report discusses the ongoing debate about whether or not to open the Arctic National Wildlife Refuge (ANWR) for energy development. The report discusses arguments for and against such development and focuses especially on related pieces of legislation that directly affects the future of the ANWR.
Mexican Drug Certification Issues: U.S. Congressional Action, 1986-2002
Beginning in 1986, Congress required the President to certify annually, subject to congressional review, that drug producing or drug transit countries had cooperated fully with the United States in drug control efforts to avoid a series of aid and trade sanctions. Mexico has been fully certified each year, but Congress closely monitored these certification decisions and submitted resolutions of disapproval in some years. In 1987 and 1988, Congress took some initial steps on resolutions to disapprove the certification of Mexico, and, in 1989 and 1996, it passed some drug-related...
Drug Certification Requirements and Congressional Modifications in 2001-2002
This report provides a brief summary of the existing drug certification requirements for drug producing and drug-transit countries, background on the experience, criticisms, and reform efforts under these provisions; a summary of early congressional options and proposals advanced in 2001, with possible advantages and disadvantages; a summary of later initiatives with legislative activity; and (5) a tracking of legislative action on the major initiatives.
Air Quality: Multi-Pollutant Legislation
One approach being proposed to more cost-effectively achieve national air quality goals is a "multi-pollutant" strategy -- a framework based on a consistent set of emissions caps, implemented through emissions trading. This report discusses this strategy and related legislation.
The attacks of September 11 prompted the Bush Administration to improve law enforcement and other coordination between the United States and European governments dealing with international terrorism. European governments have also taken measures to enhance cooperation among themselves. Most notable are European Union efforts to enhance cross-border sharing of intelligence and police information, extend the reach of warrants, and strengthen external border controls. Some European countries have a long history of fighting terrorism, and have refined existing practices as part of their...
Discriminatory Pricing and the Robinson-Patman Act: Brief Overview, Including Some Exceptions
The Robinson-Patman Act (hereinafter, R-P), 15 U.S.C. § § 13, 13a, 13b, 21a, makes it unlawful, with certain exceptions, to knowingly sell goods “in commerce,” for use or sale within the United States, at differing prices to contemporaneous buyers of those goods. Enacted during the Depression at the behest of small grocers who feared the buying power of large and growing chain grocers, it is the exception to the notion that the antitrust laws protect competition, not competitors in that it generally prohibits precisely the kind of price differentiation which would normally be thought to...
Agriculture: U.S.-China Trade Issues
With China’s entry into the World Trade Organization (WTO) in December 2001, U.S. agricultural interests were hopeful that longstanding barriers to trade with that vast and growing market would begin to fall. However, critics charge that China is failing to honor commitments to open its markets, affecting U.S. exports of grains, oilseeds, meat and poultry, and other products. U.S. agriculture and trade officials have been working to resolve these differences.
On October 16, 2002, the President signed H.J.Res. 114 into law as Public Law 107-243 (116 Stat. 1498), wherein Congress authorized the President to use United States Armed Forces against Iraq. This report presents a side-by-side comparison of Public Law 107-243 and selected alternative legislative proposals considered in 107th Congress. P.L. 107-243 [ H.J.Res. 114 , Hastert-Gephardt], the Spratt amendment, S.J.Res. 45 [Daschle-Lott], a draft proposal by Senators Biden and Lugar [Biden-Lugar], and a draft proposal by Senator Levin were central to the debates waged in the House and...
This report discusses the background information, analysis and the recent developments in the F-22 Raptor Aircraft Program. The F-22 program raises questions about its cost and the need for this aircraft, the capabilities it would have, and the number of these planes needed to meet military requirements. The F-22 has had strong congressional support, although some have criticized the program on grounds of cost, requirements, and coordination with other tactical aircraft programs. Deletion of procurement funds in the FY2000 defense appropriation bill passed by the House made the future of...
Japan's Economic and Security Challenges
This report provides a snapshot of U.S.-Japan relations, current economic and security challenges facing Japan, and policies being adopted or considered to deal with them. The information was gathered primarily during a trip to Japan in February 2002 and augmented by subsequent research. Japan's economy is beginning to recover from its third recession over the past twelve years. This "lost decade of the 1990s" and slow growth means that Japanese gross domestic product is as much as $1.3 trillion dollars (equivalent to Brazil's GDP) below what it could have been if it had continued to...
Iraq: Differing Views in the Domestic Policy Debate
The debate over whether, when, and how to prosecute a major U.S. military intervention in Iraq and depose Saddam Hussein is complex, despite a general consensus in Washington that the world would be much better off if Hussein were not in power. Although most U.S. observers, for a variety of reasons, would prefer some degree of allied or U.N. support for military intervention in Iraq, some observers believe that the United States should act unilaterally even without such multilateral support. Some commentators argue for a stronger, more committed version of the current policy approach...
The Impact Of Mobilization On Student Reservists
The ongoing mobilization of reservists in support of Operations Enduring Freedom and Noble Eagle (OEF/ONE), has been the largest reserve call-up since the Persian Gulf War. Most of these reservists held civilian jobs prior to mobilization and, as such, are entitled to certain legal protections under the Uniformed Servicemembers Employment and Reemployment Rights Act (USERRA; 38 U.S.C. 4301-4333). However, a substantial number of reservists today are students at institutions of higher education, either on a full-time or part-time basis. Their academic status is not covered by USERRA, or...
Value-Added Agricultural Enterprises in Rural Development Strategies
From 1910 to 1990, farmers' share of the overall GDP of the food and fiber system fell from 21% to 5%, while the share contributed by the agricultural input and distribution subsectors rose from 13% to 30%. Congress is concerned about how these and other changes in agriculture are affecting rural America and the role value-added agricultural production might play in future rural economic development strategies. Value-added production is a legislative concern in the 107th Congress; the rural development title in the 2002 enacted farm bill ( P.L.107-171 ) includes provisions for...
Child Care: State Programs Under the Child Care and Development Fund
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( P.L. 104-193 , PRWORA) restructured the major federal-state child care programs. It repealed three welfare-related child care programs and initiated a new set of federal rules referred to as the Child Care and Development Fund (CCDF). The CCDF combines funds provided under Section 418 of the Social Security Act established by PRWORA with funds provided under the Child Care and Development Block Grant (CCDBG). Both streams of funding are authorized through FY2002. Funds are distributed as grants to states for...
Internet Gambling: A Sketch of Legislative Proposals in the 107th Congress
The Internet gambling bill passed by the House on October 1, 2002 ( H.R. 556 )(Reps. Leach & LaFalce), 148 Cong.Rec. H6848, outlaws the acceptance of credit cards, checks, electronic transfers, and the like for purposes of illegal Internet gambling. An amended version of the language approved by the Financial Services Committee and earlier endorsed by the Committee in H.R. 3004 , it enlarges the coverage of the Wire Act to reach gambling-related transmissions by satellite or microwave. It also creates a system of regulation and immunities to ensure the enforcement assistance of...
The Prescription Drug User Fee Act: Structure and Reauthorization Issues
In 1992, Congress passed The Prescription Drug User Fee Act (PDUFA) to speed up the approval of pharmaceuticals in the United States. The legislation created sections 735 and 736 of the Federal Food, Drug and Cosmetic Act (FFDCA), authorizing the Food and Drug Administration (FDA) to collect user fees from drug manufacturers in exchange for the faster review of drug and biological products. The law stipulated that the additional user fee revenues could only be used for activities necessary to the review of human drug applications. It also specified that the revenues raised under the...
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang.
Trade Promotion Authority: Environment Related Provisions of P.L. 107-210
During the past decade, environmental issues have received increased attention in trade liberalization negotiations, and the question of how to address such concerns in trade agreements became a key issue in the debate over renewing the President’s trade promotion authority (TPA). Under this authority, Congress agrees to consider trade agreements using expedited procedures and to vote up or down, with no amendments.
With the Trade Act of 2002 (P.L. 107-210), Congress renewed the President’s trade promotion authority. The Act includes more environment-related provisions than previous TPA...
Global Climate Change: Selected Legal Questions About the Kyoto Protocol
On November 12, 1998, the United States signed the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The Protocol had been concluded a year earlier (on December 10, 1997) by delegates from 161 nations and sets binding targets for reduction of emissions of greenhouse gases by developed nations. It cannot be legally binding on the U.S. until it enters into effect internationally and the Senate gives its advice and consent. Nonetheless, signature of a treaty does impose an obligation under international law to refrain from actions that would undermine the Protocol's...
Political Succession and Leadership Issues in China: Implications for U.S. Policy
In 2002 and 2003, the People's Republic of China (PRC) will be making key leadership changes within the government and the Communist Party. A number of current senior leaders, including Party Secretary Jiang Zemin, Premier Zhu Rongji, and National Peoples' Congress Chairman Li Peng, are scheduled to be stepping down from their posts, and it is not yet clear who will be assuming these positions from among the younger generation of leaders -- the so-called "fourth generation," comprised of those born in the 1940s and early 1950s. It is expected that new leaders will be ascending to positions...
Kashmiri Separatists: Origins, Competing Ideologies, and Prospects for Resolution of the Conflict
The recent military standoff and threatened nuclear exchange between India and Pakistan have lately focused congressional attention on the longstanding territorial dispute over the former princely state of Kashmir. Although recent trips to the region by Secretary of Defense Donald Rumsfeld and Deputy Secretary of State Richard Armitage have dampened the rhetoric of both nations' leaders, state elections set for October of 2002 on the Indian side of the Line of Control raise the specter of more violence in the disputed area and a continued threat of war. And although Pakistani...
Exports, whether commercial or provided as food aid, are viewed by most U.S. agricultural groups as critical to their prosperity. Thus, the trade and food aid provisions of the omnibus farm bill, the Farm Security and Rural Investment Act of 2002 ( H.R. 2646 ), signed into law ( P.L. 107-171 ) by the President on May 13, 2002, are of great interest to the agricultural community. The measure includes a trade title (Title III) amending and/or extending, through 2007, the major agricultural export and foreign food aid programs. These include direct export subsidies (the Export Enhancement...
The Economic Effects of 9/11: A Retrospective Assessment
The tragedy of September 11, 2001 was so sudden and devastating that it may be difficult at this point in time to write dispassionately and objectively about its effects on the U.S. economy. This retrospective review will attempt such an undertaking. The loss of lives and property was not large enough to have had a measurable effect on the productive capacity of the United States even though it had a very significant localized effect on New York City and, to a lesser degree, on the greater Washington, D.C. area. Thus, for the tragedy to affect the economy it would have had to have affected...
Combating Terrorism: 2001 Congressional Debate on Emergency Supplemental Allocations
Within days of the September 11 terrorist attacks on the World Trade Center and the Pentagon, Congress approved a $40 billion emergency supplemental appropriations ( P.L. 107-38 / H.R. 2888 ) to aid victims of the terrorist attacks, to bolster security at airports and other sites, to pursue the investigation and prosecution of those responsible, and to support national security. The appropriation measure partitioned the $40 billion into three clusters. The first $10 billion was available immediately for allocation by the President. The second $10 billion was available 15 days after the...
German Elections of 2002: Aftermath and Implications for the United States
The German parliamentary elections of September 22, 2002, returned Chancellor Gerhard Schroeder and his Red-Green coalition by the narrowest of margins. The Chancellor begins his second term weakened by the slimness of his coalition's majority in parliament and the lack of a clear mandate from the voters. He must deal with serious economic problems left over from his first term. He also faces the challenge of overcoming tensions with the United States brought on by his sharp campaign statements condemning U.S. Iraq policy that may have won him the election. Many now wonder whether...
This report discusses the District of Columbia Appropriations Act for FY2003, as reported by the Senate Appropriations Committee, that does continue existing prohibitions and restrictions on the use of federal and District funds for abortions and medical marijuana.
U.S.-EU Trade Tensions: Causes, Consequences, and Possible Cures
The United States and the European Union (EU) share a large and mutually beneficial trade and investment relationship. Given a huge volume of commercial interactions, trade tensions and disputes are not unexpected. In the past, periodic episodes of rising trade tensions and even threats of a trade war have been followed by successful efforts at dispute settlement. This ebb and flow of trade tensions has occurred again this year with highly publicized disputes involving steel and tax breaks for U.S. exporters. Both disputes have been characterized by mutual feelings that the other side has...
Afghanistan's Path to Reconstruction: Obstacles, Challenges, and Issues for Congress
For the past 22 years, Afghanistan has been embroiled in conflict. Humanitarian assistance programs have been a key part of the overall multilateral effort to relieve human suffering and assist refugees and internally displaced persons (IDPs). Since September 11, 2001, while actions are still being taken to eliminate Taliban and Al Qaeda forces and others supporting terrorism, the needs have only become more urgent. The case of Afghanistan may present a special category of crisis, in which the United States and others play a significant role in the war on terrorism while simultaneously...
Federal Research and Development Organization, Policy, and Funding for Counterterrorism
Before the September 11th terrorist attacks, experts questioned whether the government was prepared adequately to conduct and use research and development (R&D) to counter terrorism. They cited inadequate planning; conflicting information about agency funding; the absence of coordinated ways to set priorities and eliminate duplication; and the need to use research resources effectively. Mechanisms have been established since then to set specific R&D priorities and to coordinate interagency policy. The Office of Homeland Security (OHS), created by Executive Order 13228, does not list R&D...
The National Petroleum Reserve -- Alaska (NPRA)
In May 2002, the United States Geological Survey (USGS) released revised estimates of the oil and gas resources that may lie beneath the surface of the National Petroleum Reserve Alaska (NPRA), an area of more than 20-million acres that lies West of the Arctic National Wildlife Refuge (ANWR). Significantly higher than previous estimates, these numbers may be considered by House and Senate conferees as they seek to reach agreement on a mutually acceptable energy bill ( H.R. 4 ). The House-passed version of omnibus energy legislation, H.R. 4 , would allow oil and gas leasing in ANWR...
Budget FY2002: A Chronology with Internet Access
This is a select chronology of, and a finding guide for information on, congressional and presidential actions and documents related to major budget events in calendar year 2001, covering the FY2002 budget. Brief information is provided for the President’s budget, congressional budget resolutions, appropriations measures (regular, continuing, supplementals, and rescissions), budget reconciliation, House and Senate votes, line-item vetoes, publications, testimony, charts, and tables.
Plants, Patents, and Seed Innovation in the Agricultural Industry
Agricultural research and seed distribution systems within the United States have become increasingly privatized. Private plant breeders have turned to the intellectual property system on the grounds that research and development expenses should be recovered. Intellectual property laws allow innovators to appropriate the benefits of their inventions by excluding others from reproducing and selling the protected subject matter. In recent years, plant breeders have pursued intellectual property rights through three different statutes. The Patent Act of 1952 allows inventors to obtain...
Section 1983 and the Spending Power: Enforcement of Federal "Laws"
In Gonzaga University v. Doe , the Supreme Court in 2002 held that a student may not sue a private university for damages under 42 U.S.C. Section 1983 to enforce provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Section 1983, derived from the Civil Rights Act of 1871, authorizes suits against state officials and others acting "under color" of state law for deprivation of rights derived from the "Constitution and laws" of the United States. In 1980, in Maine v. Thiboutot , the Court interpreted section 1983 broadly to apply to all federal "laws," not...
The Vietnam-U.S. Bilateral Trade Agreement
On July 13, 2000, U.S. and Vietnamese negotiators signed a sweeping bilateral trade agreement (BTA). Following affirmative votes in Congress and the Vietnamese National Assembly, the BTA entered in into force on December 10, 2001, when the two countries formally exchanged letters implementing the agreement. Under the deal, the U.S. will extend temporary most-favored nation (MFN, also known as normal trade relations [NTR] status) status to Vietnam, a step that will significantly reduce U.S. tariffs on most imports from Vietnam. The World Bank has estimated that Vietnam's exports to the...
Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments in Brief
Most crime is territorial. It is proscribed, investigated, tried, and punished under the law of the place where it occurs. As a general rule, no nation's laws apply within the territory of another. Yet in a surprising number of instances, federal criminal law does apply overseas to U.S. citizens and foreign nationals. As long as there is some nexus to the United States, federal law authorizes prosecution -- practical, diplomatic, and procedural impediments notwithstanding. In the 107th Congress, the USA PATRIOT Act and the legislation implementing the international conventions on...
Employer Stock in Pension Plans: Economic and Tax Issues
The loss of retirement assets held in Enron stock by Enron employees has stimulated proposals to restrict the holding of employer stock in retirement plans, and other proposals to regulate these plans. Stock in the Enron plan came from firm contributions in the form of stock that was not allowed to be sold and from voluntary investment by employees. This report focuses on rationales for providing employer retirement plans and for holding (or not holding) employer stock in these plans, both from the perspective of the private sector and of government policy. Retirement plans fall into...
The 2002 Farm Bill: Overview and Status
Federal farm support, nutrition, agricultural trade and food aid, conservation, credit, marketing, rural development, agricultural research, and related policies are governed by a variety of separate laws. Although these laws may be considered and amended as free-standing legislation, many of them are evaluated periodically, revised, and renewed through an omnibus, multi-year farm bill.
On May 2, 2002, the House voted, 280 to 141, to approve the conference report on a new, 6-year omnibus farm bill ( H.R. 2646 ; H.Rept. 107-424 ). The Senate approved the conference report on May 8,...
Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments
A nation's criminal jurisdiction is usually limited to its own territory. In a surprising number of instances, however, federal criminal law applies abroad to U.S. citizens and foreign nationals. The USA PATRIOT Act and legislation implementing treaties on terrorist bombings and on financing terrorism enlarge the extent of federal extraterritorial criminal jurisdiction. The USA PATRIOT Act's contributions involve credit cards, money laundering, and the special maritime and territorial jurisdiction of the United States. Congress has enacted laws proscribing various common law crimes such...
Supplemental Appropriations for FY2002: Combating Terrorism and Other Issues
On March 21, 2002, President Bush requested $27.1 billion in emergency supplemental funding to continue the war on terrorism and provide additional assistance for New York City and aviation security as well as other homeland security needs. With the $1.3 billion FY2002 supplemental request for Pell grants in the President's February budget, the Administration's request was $28.4 billion. Although there was broad congressional support for the new supplemental, Congress debated the total spending level, the amount for homeland security, and inclusion of budget ceilings for FY2003, as well...
Homeland Security Department Proposals: Scope of Personnel Flexibilities
The proposal of President Bush to create a Department of Homeland Security by transferring several existing agencies has generated controversy, among other things, about the nature of the human resources management system for the Department. The debate centers on the degree of flexibility that should be granted to the new system to be able to respond to terrorist threats to the homeland. H.R. 5005 , the Department of Homeland Security Act, as passed by the House on July 26, 2002, creates the Department as an executive agency within the meaning of title 5 of the United States Code,...
Homeland Security and the Davis-Bacon Act
This report discusses section 194 of the Lieberman substitute amendment to S. 2452 , the National Homeland Security and Combating Terrorism Act of 2002. Section 194 would require all laborers and mechanics employed by contractors or subcontractors on construction projects "financed in whole or in part with assistance received under this Act" to be paid locally prevailing wages in accordance with the Davis-Bacon Act. In addition to providing background information on the Davis-Bacon Act, this report considers the effect section 194 could have on construction projects undertaken by agencies...
Corporate Accountability: Sarbanes-Oxley Act of 2002: (P.L. 107-204)
On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002, P.L. 107-204 . This law has been described by some as the most important and far-reaching securities legislation since passage of the Securities Act of 1933, 15 U.S.C. Sections 77a et seq ., and the Securities Exchange Act of 1934, 15 U.S.C. Sections 78a et seq ., both of which were passed in the wake of the stock market crash of 1929.
The Act establishes a new Public Company Accounting Oversight Board which is to be supervised by the Securities and Exchange Commission. The Act restricts accounting...
The Andean Trade Preference Act: Background and Issues for Reauthorization
Following passage by the 102nd Congress, President George Bush signed into law the Andean Trade Preference Act (ATPA) on December 4, 1991( P.L. 102-182 , title II), making it part of a multifaceted strategy to counter illicit drug production and trade in Latin America. For ten years, it provided preferential, mostly duty-free, treatment to selected U.S. imports from Bolivia, Colombia, Ecuador, and Peru. ATPA's goal was to encourage growth of a more diversified Andean export base, thereby promoting development and providing an incentive for Andean farmers and other workers to...
Last fall's anthrax attacks, though small in scale compared to the scenarios envisioned by bioterrorism experts, strained the public health system and raised concern that the nation is insufficiently prepared to respond to bioterrorist attacks. Improving public health preparedness and response capacity offers protection not only from bioterrorist attacks, but also from naturally occurring public health emergencies. On June 12, 2002, the President signed into law the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( P.L. 107-188 , H.R. 3448 ), which is...
NAFTA: Economic Effects on the United States After Eight Years
The North American Free Trade Agreement (NAFTA) among the United States, Canada and Mexico went into effect on January 1, 1994. It is the first trade agreement the United States has entered into with a geographically-close developing country and has raised concerns about its economic effect, particularly on U.S. communities and workers. Since the mid-1980s, when Mexico began reducing trade restrictions, the U.S. and Mexican economies have become more highly integrated. This is evidenced by the rapid growth in U.S. merchandise trade with Mexico, which is now 12% of all U.S. trade (up...
Russian National Security Policy After September 11
Russian President Putin appears to have made a strategic decision to shift Russian policy toward cooperation with the United States and the West. This is a major departure from the policy that Putin inherited from his predecessors, which saw Russia as the leader of a coalition aimed at opposing U.S. "global domination." Putin seized upon the events of September 11 to promote his new policy by: cooperating with the United States against Al Qaeda and the Taliban regime in Afghanistan; softening Russian opposition to NATO enlargement, including admission of former Soviet republics, and...
Passthrough Organizations Not Taxed As Corporations
This report describes the various forms of tax conduit organizations found in the Internal Revenue Code (IRC), or the Internal Revenue Services (IRS) regulations and discusses how the form of organization affects the tax situation of the owners. It is organized according to the major types of conduit organization.
A Shortage of Registered Nurses: Is It on the Horizon or Already Here?
The largest traditionally female-dominated health care occupation is registered nurses (RNs). It has been asserted that there is an ongoing nationwide shortage of RNs of various kinds and in various sectors of the health care services industry. Before the latest (mid-2002) release of supply-demand projections from the U.S. Health Resources and Services Administration (HRSA), it was estimated, based in whole or part on 1996 HRSA projections, that there would likely be a shortage of RNs in 2007 or shortly thereafter.
This report first will analyze recent trends in the RN labor market and...
Agriculture: A List of Websites
This list provides a sampling of the rapidly proliferating number of agricultural resources available on the Internet. It is not intended to be exhaustive. It is divided into 24 main categories and 16 subcategories.
The Law of Church and State: Developments in the Supreme Court Since 1980
The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...." Prior to the past two decades the Supreme Court frequently construed these clauses to create, in Thomas Jefferson's oft- quoted metaphor, a "wall of separation between church and state." However, many of the Court's decisions precipitated substantial public discontent and spawned organized efforts to overturn or otherwise alter its decisions. Particularly since Ronald Reagan was elected to the Presidency in 1980, those...
Congressional Candidacy, Incarceration, and the Constitution's Inhabitancy Qualification
The issue of whether one is permitted to run for and hold office in the House of Representatives either after a felony conviction, and/or while incarcerated in prison, specifically involves a question of the qualifications, or disqualifications, to be a Representative in Congress. There are three, and only three "positive" qualifications for Representative in Congress set out in the United States Constitution: (1) age (25 years); (2) citizenship (7 years); and (3) inhabitancy (one must be an "inhabitant" of the State from which chosen "when elected"). It is now well-settled that these...
Peanut Program: Evolution from Supply Management to Market Orientation
The 2002 farm bill radically overhauls the peanut program, by completely replacing the supply and price management system in place for more than 60 years. It repeals the limit set on the amount of peanuts that farmers can sell domestically for food consumption, and substitutes in large part the revenue this "quota" system with its high level of price support had guaranteed them, with an infusion of annual government payments to "historic" peanut producers. The new program's price support and income subsidy features (covering the 2002 to 2007 crops) are similar to those authorized for...
Toxic Mold: Insurance and Legal Issues
Allegations of bodily injuries and property damage resulting from toxic mold in home and work environments have triggered litigation across the nation, and, as a result, have prompted insurers and governments to grapple with coverage of risks to property and health resulting from exposure to mold. To minimize their financial exposure to these losses, insurance companies have variously been excluding mold risks from coverage on their standard policy forms, raising premiums, increasing deductibles, and capping coverage. The perils associated with toxic mold coupled with the insurance...
Conventional Arms Transfers to Developing Nations, 1994-2001
This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world. The data in the report illustrate how global patterns of conventional arms transfers have changed in the post-Cold War and post-Persian Gulf War years.
Trade Adjustment Assistance for Farmers
The 107th Congress in late July and early August 2002 cleared for the President's signature a wide-ranging trade bill ( H.R. 3009 ) that includes reauthorization and expansion of trade adjustment assistance (TAA) programs for workers and firms. One TAA provision authorizes a new $90 million annual program for agriculture, aimed at addressing low farm prices caused at least partly by imports. Among the issues is the need for a new program designed specifically for farmers in ranchers, particularly after Congressional approval, earlier in 2002, of a comprehensive 6-year farm bill that...
Informing Congress: The Role of the Executive in Times of War and Military Conflict, 1941-2001
Under the Constitution of the United States, the President is responsible for prosecuting war and directing the armed forces during military conflicts, including attacks upon the nation. Congress is constitutionally empowered to declare war, may otherwise authorize the involvement of American armed forces in military conflict, appropriates funds for government activities and operations, including military actions, and engages in oversight to assess the extent to which government operations have been efficiently, economically, and effectively conducted using appropriated funds. Congress...
A new farm bill, the Farm Security and Rural Investment Act of 2002 ( P.L. 107-171 ), covering crop years 2002-2007, was signed into law May 13, 2002. Conferees resolved the differences between the H.R. 2646 and S. 1731 and the conference report ( H.Rept. 107-424 ) was adopted by the House on May 2 and the Senate on May 8. The previous farm bill (now prior law) was the Federal Agriculture Improvement and Reform Act of 1996 ( P.L. 104-127 ), popularly called the FAIR Act. Commodity support authority in the FAIR Act (Title I, Agricultural Market Transition Act (AMTA)) was set to expire...
Sports Gambling in School: A Sketch of Proposals to Strengthen Federal Prohibitions
The National Gambling Impact Study Commission reported wide-spread sports gambling on college campuses and, although closely divided, recommended that gambling on collegiate and amateur athletic events be completely outlawed. As in the 106th Congress, the sports gambling measures introduced thus far in this Congress fall into two categories: those that impose a complete ban on amateur sports gambling ( S. 718 (McCain et al.), H.R. 1110 (Graham et al.)), and those that seek to reduce campus gambling and illegal sports gambling ( S. 338 (Ensign et al.), H.R. 641 (Gibbons et al)). This...
Agriculture Support Mechanisms in the European Union: A Comparison with the United States
The European Union (EU), comprised of 15 member states (countries), is one of the United States’ chief agricultural trading partners and also a major competitor in world markets. Both heavily support their agricultural sectors, with a large share of such support concentrated on wheat, feed grains, cotton, oilseeds, sugar, dairy, and tobacco. However, the EU provides more extensive support to a broader range of farm and food products. According to the Organization for Economic Cooperation and Development (OECD), the EU and United States in 2001 together accounted for nearly two-thirds of...
Sports Gambling in School: A Legal Analysis of Proposals to Strengthen Federal Prohibitions
Several proposals have been introduced in the 107th Congress to combat incidents of youthful gambling on sporting events. S. 718 (McCain et al.) and H.R. 1110 (Graham et al.) seek to accomplish this by implementing a National Gambling Impact Study Commission recommendation that gambling on college and high school sporting events be completely banned. Existing Federal law outlaws gambling on all professional and amateur sporting events, but exempts sports gambling in those states where it had been legalized prior to the federal prohibition. S. 718 and H.R. 1110 effectively repeal...
On July 27, 2002, the House passed (215-212) the conference report on H.R. 3009 ( H.Rept. 107-624 ), which contains, among other things, authorization of presidential trade promotion authority (TPA) . The Senate is expected to vote on the report during the week of July 29. Under TPA, the President can negotiate trade agreements that would be considered by the Congress under expedited legislative procedures that limit debate and permit no amendments. The conference report resulted from negotiations by Senate and House conferees over similar but different versions of the TPA...
The Federal Role in Technology Development
The federal government has traditionally played a role in fostering technological progress. This has involved both direct federal research and development (R&D) funding and indirect measures that create incentives for increased private sector investments in innovation. However, this mix of initiatives was challenged since the 104th Congress. While support for all on-going efforts continues, some programs have been funded at reduced levels. However, since FY2001, appropriations appear to have reversed this trend.
Civics Programs in Washington, D.C.
A number of programs in Washington, D.C., explain the workings of the national government to a diverse range of Americans, from middle school students to senior citizens. This report highlights six of the most popular programs.
Patent Law: The Festo Case and the Doctrine of Equivalents
On May 28, 2002, the U.S. Supreme Court handed down its unanimous decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. , 535 U.S. ___, 122 S. Ct. 1831, 152 L. Ed. 2d 944 [hereinafter Festo ], reversing the most controversial of the holdings in the case by the U.S. Court of Appeals for the Federal Circuit (CAFC), vacating the decision, and remanding the case for further proceedings. The CAFC decision had been criticized as upsetting well-settled expectations and understandings concerning the operation of certain legal principles, namely, the doctrine of equivalents and...
China's Proliferation of Weapons of Mass Destruction and Missiles: Current Policy Issues
This report provides a brief background analysis and recent developments regarding China’s Proliferation of Weapons of Mass Destruction and Missiles. The report includes topics such as: Recent Proliferation Transfers, chemical, nuclear, and missile technology sales to Iran, Pakistan, Libya, Syria, trade controls, nonproliferation and arms control.
Department of Homeland Security: Should the Transportation Security Administration be Included?
President George W. Bush has unveiled a plan to create a new Department of Homeland Security (H.R. 5005, introduced by request). The new department would be formed by consolidating all or part of 22 of the more than 100 different government organizations that are currently involved in antiterrorist activities. As part of this proposal, the recently created Transportation Security Administration (TSA) would be removed from the Department of Transportation (DOT) and transferred to the new entity. This report summarizes these and other arguments on both sides of this issue.
Air Toxics: What Progress Has EPA Made in Regulating Hazardous Air Pollutants?
The Clean Air Act Amendments of 1990 contained four programs to ensure that the Environmental Protection Agency (EPA) would regulate hazardous air pollutants (HAPs) more quickly than the Agency had under the original act. The first program directed EPA to establish emission standards for stationary sources of HAPs based on maximum achievable control technology (MACT). The second program, known as the residual risk program, required EPA to examine the risk remaining from these sources after implementation of MACT standards. If warranted, EPA must promulgate additional standards to protect...
Federal Interagency Coordinative Mechanisms: Varied Types and Numerous Devices
Interagency coordinative mechanisms at the federal level have become more prominent and prevalent recently. The Office of Homeland Security (OHS) and the companion Homeland Security Council (HSC), along with proposals for change, are the most visible. Other examples not only include such well-known entities as the National Security Council (NSC) and the so-called “drug czar” but also extend to a multiplicity of nearly anonymous working groups and task forces. Some of them have short life spans, while others have remained in place for long periods.
Seven different types of interagency...
Class Actions and Proposed Reform in the 107th Congress: Class Action Fairness Act of 2002
On March 13, 2002, the Class Action Fairness Act of 2002 ( H.R. 2341 ) passed the House by a vote of 233-190. Similar legislation is pending in the Senate ( S. 1712 ). Both bills allow defendants to move certain class action cases from state to federal court on diversity grounds (plaintiffs from different states than defendants) even in the absence of the complete diversity. Proponents contend that existing law permits unfair forum shopping for friendly state courts. Opponents argue that the change works to the disadvantage of consumers. Both bills afford consumers and other class action...
The Department of Energy's Weatherization Assistance Program
The U.S. Department of Energy’s (DOE) Weatherization Assistance Program (WAP) is one of the largest energy conservation programs in the nation. The DOE program is implemented in all 50 states, the District of Columbia and Native American Tribes. It weatherizes an average of 70,000 dwellings per year. The program strives to increase the energy efficiency of dwellings occupied by low-income persons in order to reduce their energy consumption and lower their fuel bills. It targets vulnerable groups including the elderly, people with disabilities, and families with children.
Agroterrorism: Options in Congress
Although U.S. intelligence agencies have not identified any terrorist acts targeting agricultural production (i.e., agroterrorism) in the United States to date, the events of September 11, 2001 have awakened the nation to their possibility. Some experts estimate that a single agroterrorist attack using a highly contagious livestock disease could cost between $10 billion and $30 billion to the U.S. economy. This report examines the potential threats to America’s agriculture from a deliberate biological attack, describes the current defense structure and capabilities available to respond to...
The Endangered Species Act and "Sound Science"
This report provides a context for evaluating legislative proposals through examples of how science has been used in selected cases, a discussion of the nature and role of science in general, and its role in the Endangered Species Act (ESA) process in particular, together with general and agency information quality requirements and policies, and a review of how the courts have viewed agency use of science.
Latino Political Participation and Representation in Elective Office
America's Latino population is on the verge of becoming the largest minority group in the country, a phenomenon that is significant with respect to the representational responsibilities of Members of Congress. After several decades of rapid population growth, Latinos will surpass African Americans as the largest minority group within the decade, according to the Census Bureau projections. By 2010, Latinos are projected to be 13.8% of the national population (African Americans are projected to be 13.5%), and 16.3% of the population a decade later. However, Latino voting participation...
Supreme Court Opinions: October 2001 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 2001 Term through the end of the Term on June 28, 2002. The purpose is to provide a quick reference guide for identification of cases of interest. These synopses are created throughout the Term and are accessible via the CRS Home Page http://www.crs.gov/reference/general/law/01_term.shtml , which also provides links from the synopses to the full text of the Court's opinions. The report supersedes an earlier cumulation issued as a congressional distribution memorandum dated April 19, 2002....
Child Pornography Produced Without an Actual Child: Constitutionality of 107th Congress Legislation
In Ashcroft v. Free Speech Coalition , the Supreme Court declared unconstitutional the Child Pornography Prevention Act of 1996 (CPPA) to the extent that it prohibited material that was produced without the use of an actual child. The only possible means that the Court explicitly left open for Congress to try to restrict such material was to ban it, but allow an affirmative defense that the material was produced without using actual children. Even this approach the Court did not say would be constitutional, but merely found no need to decide whether it would be. This approach would...
Student Drug Testing: Constitutional Issues
Issues of personal privacy and application of Fourth Amendment safeguards against "unreasonable" governmental searches and seizures are the focus of judicial rulings on the constitutionality of "suspicionless" random drug testing of public school students. Generally speaking, governmental actors are required by the Fourth Amendment to obtain warrants based on probable cause in order to effectuate constitutional searches and seizure. An exception to ordinary warrant requirements has gradually evolved, however, for cases where a "special need" of the government, not related to criminal law...
Afghanistan: Challenges and Options for Reconstructing a Stable and Moderate State
The U.S.-led effort to end Afghanistan's role as host to Osama bin Laden and other anti-western Islamic terrorists requires not only the defeat of the Taliban but also the reconstruction of a stable, effective, and ideologically moderate Afghan state. Otherwise, the country could continue to be a potential base for terrorism and a source of regional instability. An important milestone was achieved in June 2002 with the generally successful conclusion of an Emergency Loya Jirga ("grand council"), which confirmed Hamid Karzai, an ethnic Pashtun member of the western educated elite with...
H.R. 333, 107th Congress, 1st Sess. (2001), the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2001” and its counterpart in the Senate, S. 220, 107th Congress, 1st Sess. (2001), the “Bankruptcy Reform Act of 2001” were introduced on January 31, 2001. So far, the 107th Congress has demonstrated widespread support for the bills evidenced by the votes. Although President Bush is expected to sign bankruptcy reform into law, the White House has indicated that a bankruptcy bill that contains a federal homestead cap may be unacceptable. This report surveys the bills and the major...
Capital Punishment: Summary of Supreme Court Decisions of the 2001-02 Term
The Supreme Court took six significant actions with respect to capital punishment during the 2001-02 Term. In Atkins v. Virginia, which many consider the most significant case of the term, the Court decided on June 20, 2002, that executing the mentally retarded violates the Eighth Amendment ban on "cruel and unusual punishment." Three cases involved issues concerning the constitutional standards for effective- assistance- of- counsel in death penalty cases. On March 27, 2002, in Mickens v. Taylor , the Court addressed "what a defendant must show in order to demonstrate a Sixth Amendment...
Auditing and Accounting Regulation: Key SEC Powers
Key auditing and accounting reform legislation, S. 2673 (Sarbanes), and H.R. 3763 (Oxley), and proposals for auditor oversight by the Securities and Exchange Commission (SEC) have been launched to help restore public confidence in a system of corporate financial accounting tainted by accounting fiascos at companies like Enron, Tyco, and Worldcom. This report provides background on significant current SEC regulatory powers in the area of accounting and auditing. It will be updated if there are changes in SEC authority.
Remedies for the Improper Disclosure of Personal Information
This report provides an overview of the available remedies in selected federal privacy laws. This report will be updated as events warrant.
Child Welfare and TANF Implementation: Recent Findings
This report examines recent research findings about Temporary Assistance for Needy Families (TANF) implementation as it has affected the nation's child welfare system. The nation's program of cash aid for needy families with children (TANF) and its program to protect and care for children who are abused or neglected (child welfare services) are linked by history and share some of the same clients who have similar service needs. Assessing the full significance of the 1996 welfare reform law ( P.L. 104-193 ) to the child welfare system is complicated by the 1997 enactment of the Adoption and...
Nuclear Waste Repository Siting: Expedited Procedures for Congressional Approval
The Nuclear Waste Policy Act of 1982 (NWPA), as amended, establishes a process for the federal government to designate a site for a permanent repository for civilian nuclear waste. In February 2002, this process culminated in a presidential recommendation for a repository at Yucca Mountain, Nevada. On April 8, the State of Nevada exercised its authority under NWPA to disapprove the site. As a result of this state disapproval, the site may be approved only if a joint resolution of repository siting approval becomes law after being passed by Congress during the first period of 90 days...
Education Vouchers: an Overview of the Supreme Court's Decision in Zelman v. Simmons-Harris
Education vouchers generally refer to school choice programs in which the state will help parents pay tuition for their children to attend out-of-district public schools, charter schools, private schools, and, sometimes, religious schools. When vouchers are used by parents to send their children to religious school, public dollars flow from public to religious coffers, and therefore, may violate the Establishment Clause of the First Amendment. However, in Zelman v. Simmons-Harris , the Supreme Court upheld an Ohio school educational choice program that gave poor families in the Cleveland...
Federal Chief Information Officer (CIO): Opportunities and Challenges
Debate over the creation of a federal Chief Information Officer (CIO) position has ebbed and flowed over the past five years as Congress has sought to address government information technology (IT) management issues. In private sector organizations, a CIO is often a senior decisionmaker providing leadership and direction for information resource development, procurement, and management, with a focus on improving efficiency and the quality of services delivered. Originally considered in an early draft of the Clinger-Cohen Act in 1995 ( P.L. 104-106 ), the idea of a single federal CIO...
Federal Budget Process Reform: Analysis of Five Reform Issues
This report examines several budget process reform options that have received prominent congressional consideration in recent years: an extension of the Budget Enforcement Act; a joint budget resolution; an emergency reserve fund; an automatic continuing resolution; and biennial budgeting. For each reform option, the analysis includes a summary of the procedural issues related to the reform option, the arguments that have been raised for and against the proposal, and the legislative history of past proposals. First, key enforcement procedures under the Budget Enforcement Act (BEA) of 1990...
Electronic Payments and the U.S. Payments System
This report provides a framework for understanding the paper-based and electronic components of the current U.S. payments system. It begins with a basic overview of the payments system, explaining the relative size and growth of various methods of payment. The report discusses paper-based payments and then examines the operations of wholesale and retail electronic payments. Finally, the report discusses some of the major policy issues concerning the regulation and supervision of electronic payments.
France: Election by Default, 2002
On May 5, 2002, the French people re-elected Jacques Chirac president, and on June 16 gave him a center-right parliamentary majority. The tumultuous two-round presidential elections saw the elimination of Socialist Prime Minister Lionel Jospin in the first round, and left the racist, extreme right candidate Jean-Marie Le Pen as Chirac's opponent in the second round. Chirac won by a wide margin, but many voters, perhaps a majority, were voting against Le Pen. Chirac and Le Pen both ran on a campaign to quell "insecurity," a euphemism for a rising crime rate. Many observers believe that the...
ERISA's Impact on Medical Malpractice and Negligence Claims Against Managed Care Plans
This report will examine the preemption provisions of ERISA, the U.S. Supreme Court’s interpretation of these provisions, selected cases applying ERISA to state medical malpractice and negligence claims, and the congressional response to the issue.
The Andean Trade Preference Act: A Comparison of House and Senate Versions of H.R. 3009
In 1991, the 102nd Congress passed the Andean Trade Preference Act (ATPA), which provided for preferential treatment of selected U.S. imports from Bolivia, Colombia, Ecuador, and Peru as part of an incentive system to encourage legal trade as an alternative to illicit drug production. ATPA expired in December 2001 and reauthorization legislation is being considered in the 107th Congress. This report compares two versions of H.R. 3009 , the House-passed Andean Trade Promotion and Drug Eradication Act and the Andean Trade Preference Expansion Act , which was passed by the Senate as...
Amtrak Profitability: An Analysis of Congressional Expectations at Amtrak's Creation
Most discussions of Amtrak refer to Amtrak's status as a for-profit company, and have noted that Amtrak was intended by Congress to be a profit-making enterprise. Despite these references, Amtrak is not now a for-profit company; it was originally created as such, but that status was changed by the Amtrak Improvement Act of 1978 ( P.L. 95-421 ); the Conference report noted that the bill removed Amtrak's for-profit status but required that the corporation be "operated and managed as" a for-profit corporation (H.C.R. 95-1478). Amtrak was created by the Rail Passenger Service Act of 1970...
This report lists selected federal assistance programs that are available to state, local, and other public authorities to help protect critical infrastructures. Critical infrastructures include such facilities as seaports, airports, energy production and transmission, assets used by the telecommunications and banking and finance industries, and those assets used by emergency services. Much of what is considered critical infrastructure is owned and operated by the private sector, and the private sector is primarily responsible for ensuring its protection. However, for those facilities...
Crusader XM2001 Self-Propelled Howitzer: Background and Issues for Congress
The Army has been seeking to enhance its self-propelled 155mm artillery capabilities since the late 1970's. In addition to several programs to modify the M109 artillery system, culminating in the current M109A6 Paladin, since 1987 these efforts have focused on what is now called the XM2001 Crusader. Initially begun in order to match the mobility and firepower of Soviet artillery, the Crusader program is now the center of a controversy over whether it is an appropriate investment given the Army's on-going transformation to a lighter, more mobile force. Secretary of Defense Rumsfeld has...
Electronic commerce enables companies to access markets with which they have few physical, legal, or traditional connections. An important question for a company deciding whether to engage in e- commerce is whether establishing an Internet presence will subject it to litigation in foreign jurisdictions. While the Constitution's due process rights protect a company's liberty interests in being subject to suits only in those forums with which it has meaningful "contacts, ties, or relations," it is not clear to what extent electronic connections with a state are sufficient to warrant...
Social Security: Raising the Retirement Age Background and Issues
The Social Security "full retirement age" will gradually rise from 65 to 67 beginning with people who attain age 62 in 2000 (i.e., those born in 1938). Early retirement benefits will still be available beginning at age 62, but at lower levels. To help solve Social Security's long-range financing problems, it has been proposed that these ages be raised further.
Paternity Establishment: Child Support and Beyond
The public policy interest in paternity establishment is based in part on the dramatic increase in nonmarital births. The poorest demographic group in the United States consists of children in single- parent families. In 2000, 33.1% of all U.S. births were to unmarried women, compared to 3.9% in 1950. Moreover, in FY2000, 51.9% of the children in the Child Support Enforcement (CSE) caseload (which includes Temporary Assistance to Needy Families (TANF) and certain other welfare families and non-welfare families who apply for CSE services) were born outside of marriage. The percentage of CSE...
Federal Disaster Policies After Terrorists Strike: Issues and Options for Congress
This report is intended to assist Congress as it considers options for consequence management legislation. It provides information on federal policies that would be implemented in the event that terrorist attacks in an attempt to answer the question: Based on experiences gained thus far, should Congress consider changes in federal consequence management policies to address the effects of possible future attacks? The report explores two types of issues--selected administrative issues pertinent to the delivery of assistance, and selected policy issues about the assistance provided.
Western Hemisphere Trade Developments
The countries of the Western Hemisphere constitute the largest regional market for U.S. exports and the second largest regional market for U.S. foreign direct investments. The growing importance of this region to U.S. economic interests has been complemented by the growth of sub-regional integration initiatives such as the North American Free Trade Agreement (NAFTA), Mercosur, the Andean Community, the Central American Common Market, and Caribbean Community. These groupings have not only established free trade areas and in some cases customs unions among partner countries, but are also...
This report provides an overview of the Cuban economy. Recent congressional interest in Cuba has centered on the partial lifting of trade sanctions on agricultural products and medicine. The 107th Congress may consider further easing of sanctions or other alterations to the trade embargo in effect since 1962. The paper first presents a brief historical overview of the Cuban economy. This history is characterized by dependence on major powers: first Spain, then the United States, and then the Soviet Union. The report then charts the different, and often conflicting, economic policy courses...
Exemptions for Military Activities in Federal Environmental Laws
Under several federal pollution-control statutes, activities of the U.S. military are subject to federal, state, and local environmental requirements, both substantive and procedural, along with activities of federal agencies generally. Each of these statutes. however, authorizes the President to grant exemptions (generally, up to one year and extendable by one year at a time) when he determines it to be in the "paramount interest" or "national security interest" of the United States. In addition, the Clean Air Act and Clean Water Act provide the President with further exemption authority...
Labor and Mandatory Arbitration Agreements: Background and Discussion
In response to the rising number of discrimination claims brought under federal civil rights statutes, many employers have sought to require arbitration for statutory claims by having their employees sign mandatory arbitration agreements. These agreements provide generally that all claims arising out of one’s employment will be heard by an arbitrator or panel of arbitrators rather than by a judge or jury. Arbitration is often perceived by employers as a faster and less expensive alternative to litigation. Arbitration agreements also appear in the context of organized labor as unions and...
Colombia: The Uribe Administration and Congressional Concerns
On August 7, 2002, President-elect, Alvaro Uribe Velez, age 49, is scheduled to take office amid an intensifying conflict. Uribe's election has been widely attributed to his law-and-order campaign promises to pursue the guerrillas vigorously by increasing Colombia's military budget, doubling the size of the military to 100,000, and creating a one-million man civilian militia to aid the Colombian military, as well as to the worsening security situation in Colombia. Nevertheless, Uribe's campaign slogan, "Firm Hand, Big Heart," also reflected the social concerns that have marked his 20-plus...
National Missile Defense: Russia's Reaction
In the late 1990s, the United States began to focus on the possible deployment of defenses against long-range ballistic missiles. The planned National Missile Defense (NMD) system would have exceeded the terms of the 1972 Anti-Ballistic Missile Treaty. Recognizing this, the Clinton Administration sought to convince Russia to modify the terms of the Treaty. But Russia was unwilling to accept any changes to the Treaty. It also decried the U.S plan to deploy NMD, insisting that it would upset strategic stability and start a new arms race. Russia claimed that the ABM Treaty is the...
The Budget for Fiscal Year 2002
This report discusses the budget for fiscal year 2002. The congress debates issues such as budget action, receipts surpluses or deficits, and the economy
Klamath River Basin Issues: An Overview of Water Use Conflicts
Severe drought in 2001 affected the Klamath River Basin, an area on the California-Oregon border, exacerbating competition for scarce water resources and generating conflict among several interests -- farmers, municipal and industrial users, commercial and sport fishermen, other recreationists, federal wildlife refuges, environmental groups, and Indian Tribes. The conflicts over water distribution and allocation are physically and legally complex, reflecting the varied and sometimes competing uses of limited water supplies in the Upper Basin.
On April 6, 2001, the Bureau of Reclamation...
Reorganizing the Executive Branch in the 20th Century: Landmark Commissions
This report studies the work and results of a number of 20th century commissions and other similar bodies that have had executive organization and reorganization as central to their mandate. For purposes of this report, these reorganization exercises are referred to as "landmark commissions." Context for discussion of landmark commissions is provided by a review and analysis of six crucial historical periods, such as the Progressive Era, in the evolution of the executive branch. The selected landmark commissions, beginning with the Keep Commission in 1905 and concluding with the National...
Water Infrastructure Financing Legislation: Comparison of S. 1961 and H.R. 3930
This report provides a side-by-side comparison of two major bills in the 107th Congress concerning water infrastructure project financing. It compares provisions of S. 1961 , the Water Investment Act of 2002, which would amend both the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA), and H.R. 3930 , the Water Quality Financing Act of 2002, which would amend only the CWA. It also describes relevant provisions of current law that would be affected or modified by the bills. The CWA and SDWA provisions that these two bills would amend are principally the portions of those laws...
The creation of a Department of Homeland Security, along the lines proposed by the Administration, would affect the jurisdiction of numerous House and Senate committees. In addition, the expansiveness of the proposal may cause Congress to consider using alternative procedures and structures to review the proposal and to monitor the implementation of such a new department. This report discusses the current legislative jurisdictions of House and Senate committees with responsibility over terrorism, homeland security, and the agencies affected by the proposed new department. It also...
The Americans with Disabilities Act (ADA), 42 U.S.C. Section 12101 et seq., provides broad nondiscrimination protection in employment, public services, public accommodation and services operated by private entities. H.R. 914 and S. 782 , 107th Congress, referred to as the ADA Notification Act and the Americans with Disabilities Notification Act respectively, would amend Title III of the ADA, which contains the provisions relating to public accommodations, to require that a plaintiff provide 90 days notice to the defendant prior to filing a complaint. H.R. 914 and S. 782 are...
Omnibus Energy Legislation: H.R. 4 Side-by-side Comparison
The House and Senate have passed two distinct versions of an omnibus energy bill ( H.R. 4 ), the first comprehensive energy legislation in ten years. The substantial differences between the two chambers' approaches to energy policy remain to be resolved in conference, which is expected to take place over the summer. The House version of H.R. 4 , the Securing America's Future Energy Act of 2001, which passed August 2, 2001, includes a key component of the Bush Administration's energy strategy: opening the Arctic National Wildlife Refuge (ANWR) to oil and gas exploration and development....
On May 13, 2002, President Bush signed the Farm Security and Rural Investment Act (FSRIA) of 2002 into law ( P.L. 107-171 ). FSRIA is the latest in a long line of omnibus, multi-year farm bills. It is intended to guide, for the next 6 years through 2007, the operation of commodity price and income support, conservation, agricultural trade and foreign food aid, domestic nutrition (primarily food stamps), farm credit, rural development, agricultural research and extension, and several other farm and rural-related policies and programs. The 2002 law is the successor to the last...
Foreign Intercity Passenger Rail: Lessons for Amtrak?
Congress is debating the federal government's role in providing intercity passenger rail service. Many believe that Amtrak's future is now at a crossroads. Amtrak's worsening financial situation and its relatively small overall share of the intercity passenger market have led some policymakers to consider other models of passenger rail regulation. The experience of other countries is often cited in debates about passenger rail regulatory regimes. The foreign experience can provide some perspective and some insight in the debate on U.S. intercity passenger rail. Many countries have...
Patent Administration: Current Issues and Possibilities for Reform
The United States Patent and Trademark Office ("USPTO") examines patent applications to determine whether the subject matter claimed within those applications is sufficiently inventive to merit the award of a patent. The environment in which patent examination occurs has become increasingly challenging. The USPTO is facing an escalating rate of patent application filings as well as applications of increasing technical complexity. Other potential concerns include budgetary constraints and the retention of personnel with appropriate technical and legal qualifications to perform patent...
International Criminal Court: Overview and Selected Legal Issues
On April 11, 2002, the Rome Statute of the International Criminal Court received its sixtieth ratification, meaning it will come into effect July 1, 2002, establishing the first global permanent international court with jurisdiction to prosecute individuals for "the most serious crimes of concern to the international community." The United Nations, many human rights organizations, and most democratic nations have expressed support for the new court. The Bush Administration firmly opposes it and has formally renounced the U.S. obligations under the treaty. At the same time, however, the...
The U.S. Postal Service Response to the Threat of Bioterrorism Through the Mail
The deliberate mailing of Bacillus anthracis spores through the U.S. Postal Service (USPS) has caused five deaths, twenty-two cases of anthrax, and massive disruptions to Congress and the USPS. Both the public and private sector are examining an array of methods to limit the risk of future attacks. The array of potential solutions include improving mail handling procedures, changing the USPS anonymous mailing policy, installing bio/chem agent detectors, and sterilizing the mail. For the USPS these decisions are complicated by its precarious financial state. Some proposed solutions...
Farm "Counter-Cyclical Assistance"
Congress has approved legislation ( P.L. 107-171 ) reauthorizing major farm income and commodity price support programs through crop year 2007. This legislation includes new "counter-cyclical assistance" programs for grains, cotton, oilseeds, peanuts, and milk. The intent of counter-cyclical assistance is to provide more government support when farm prices and/or incomes decline, and less support when they improve. In fact, farmers have, for many years, been eligible for various forms of counter-cyclical assistance. At issue has been the need for, and potential impacts of,...
Farm Commodity Legislation: Chronology, 1933-2002
This report discusses legislation regarding commodities and price supports. Since 1933, Congress has required the U.S. Department of Agriculture (USDA) to administer various price and income support programs for U.S. farmers. Some standing authority for these programs is provided by three permanent laws, from 1938, 1948, and 1949. However, Congress frequently alters the basic provisions of these laws. The omnibus law now guiding farm support (through 2007) is the Farm Security and Rural Investment Act of 2002.
Farm Commodity Legislation: Chronology, 1933-2002
Since 1933, Congress has required the U.S. Department of Agriculture (USDA) to administer various price and income support programs for U.S. farmers. Some standing authority for these programs is provided by three permanent laws, from 1938, 1948, and 1949. However, Congress frequently alters the basic provisions of these laws. The omnibus law now guiding farm support (through 2007) is the Farm Security and Rural Investment Act of 2002. This report will be updated if events warrant.
Tax Implications of Divorce: Treatment of Alimony, Child Support, and the Child’s Personal Exemption
Africa: Scaling Up the Response To the HIV/AIDS Pandemic
Sub-Saharan Africa's AIDS pandemic continues to spread -- an estimated 3.4 million people were newly infected by HIV in 2001. International resources for combating the pandemic are increasing, and there is continuing interest in proposals for a further "scaling-up." In December 2001, the House passed the Global Access to HIV/AIDS Prevention, Awareness, and Treatment Act ( H.R. 2069 ), finding that the African pandemic has become a national security and development crisis and authorizing increased funding. AIDS experts see three dimensions to the effort to curb the spread of HIV/AIDS and...
Yugoslavia War Crimes Tribunal: Current Issues for Congress
The International Criminal Tribunal for the former Yugoslavia, established by U.N. Security Council resolutions in 1993, was the first international war crimes court to be founded since the post-World War II period. It is charged with prosecuting persons responsible for war crimes committed in the former Yugoslavia since 1991. To date, the Yugoslavia Tribunal has publicly indicted over 100 persons for crimes relating to the conflicts in Croatia, Bosnia, and Kosovo. Over 40 persons are currently in proceedings at The Hague. Dozens more are under public or secret indictment, and the...
Discretionary Spending Limits for FY2002: A Procedural Assessment
This report discusses discretionary spending, which is provided in annual appropriations acts, is constrained in part by limits set in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
China's Banking Reforms: Background and Issues for Congress
The Peoples Republic of China's entry into the World Trade Organization (WTO) will require that it open its financial services sector to foreign investment and international competition. In preparation for a more market-based banking system, China has announced reforms intended to strengthen its banks and American investors have been buying portfolios of Chinese non-performing loans. The international community has a stake in Chinese financial reform primarily for three reasons. The first is to prevent contagion -- to keep a failure of Chinese banks from touching off global financial...
Privacy Protection for Online Information
This report focuses on one aspect of online privacy -- collection, use, and dissemination of data via the Internet, and discusses related federal privacy laws and selected legislation. This report will be updated as developments warrant.
Substantive Due Process and a Right to Clone
As Congress continues to explore whether restrictions on cloning should be imposed, this report will consider whether a right to clone may be found under the Due Process Clauses of the Fifth and Fourteenth Amendments. In past cases, the U.S. Supreme Court has recognized certain personal rights as being fundamental and protected from government interference. Some of those cases involve various reproductive matters, including procreation and childbearing. If a right to clone is found to be fundamental, any infringement on that right would be evaluated with strict scrutiny, the most rigorous...
Homeland Security Office: Issues and Options
President George W. Bush created the Office of Homeland Security (OHS) within the Executive Office of the President after the September 11, 2001, terrorist attacks as a federal focal point for coordinating domestic efforts against terrorism. Former Governor Tom Ridge of Pennsylvania, a close friend and political ally of the President, was appointed to head the OHS. Such a high-level unit, it was hoped, could bring direction and coherence to federal homeland security-related activities that were spread among more than 40 different departments and agencies. Yet OHS has been controversial...
Renewal Communities Initiative: Background and Overview
This report discusses the Renewal Communities (RC) Initiative, which combines tax credits and other provisions designed to revive some of the nation’s more impoverished areas.
Hate Crimes: Summary of Selected Proposals and Congressional Authority
Hate crime legislation ( S. 625 / H.R. 1343 ), comparable to a measure which passed the Senate as an amendment to the National Defense Authorization Act for Fiscal Year 2001 (but which was dropped prior to passage), has been introduced with a substantial number of cosponsors in both the House and Senate. It has been reported out of committee without change in the Senate, S.Rept. 107-147 . It outlaws hate crimes, establishes a system of Justice Department and grant program assistance, and instructs the Sentencing Commission to examine adult recruitment of juveniles to commit hate crimes....
Hate Crimes: Sketch of Selected Proposals and Congressional Authority
Hate crime legislation ( S. 625 / H.R. 1343 ), comparable to a measure which passed the Senate as an amendment to the National Defense Authorization Act for Fiscal Year 2001 (but which was dropped prior to passage), has been introduced with a substantial number of cosponsors in both the House and Senate. It outlaws hate crimes, establishes a system of Justice Department and grant program assistance, and instructs the Sentencing Commission to examine adult recruitment of juveniles to commit hate crimes. It has been reported out of committee unchanged in the Senate, S.Rept. 107-147 (2002)....
Arms Control and Strategic Nuclear Weapons: Unilateral vs. Bilateral Reductions
On November 13, 2001, President Bush announced that he planned to reduce U.S. strategic nuclear weapons to between 1,700 and 2,000 operationally deployed warheads. He noted that he would make these reductions unilaterally, without pursuing a formal arms control agreement with Russia. President Putin welcomed the proposed reductions, but argued that they should be made through a formal treaty. Although the United States eventually agreed to sign a "legally binding" agreement, officials in the Bush Administration have argued that the United States should not be bound by formal arms control...
Sierra Leone: Transition to Peace
On May 14, 2002, Sierra Leoneans voted in the first national elections to be held since 1996, following an extensive, United Nations (U.N.)-assisted poll preparation process. The election followed the successful completion of a U.N.-sponsored national disarmament process in January 2002, when government, U.N., and RUF officials formally declared an end to Sierra Leone's decade-old conflict. Initial poll results indicated that President Ahmad Tejan Kabbah, the incumbent, would win the election, but he reportedly garnered less than 20 % of the military vote. A special court of mixed...
Election Reform Legislation: Comparison of House and Senate Versions of H.R. 3295
In the wake of the November 2000 presidential election, Congress, the states, and various commissions have examined election procedures, the reliability and costs of different voting technologies, whether national standards are necessary, and the federal role in the election process. More than 80 bills addressing various aspects of federal election reform have been introduced in the 107th Congress. One bill, H.R. 3295 , has passed the House and Senate in different forms and is awaiting conference. The Help America Vote Act (Ney-Hoyer), passed the House on December 12, 2001. The Martin...
Foreign Assistance: An Overview of U.S. Aid Agencies and Programs
The Administration's $16.1 billion FY2003 foreign assistance request is intended to serve a wide range of U.S. foreign policy interests, including security, political, economic, commercial, and humanitarian goals overseas. Congress annually appropriates foreign aid funds in the Foreign Operations Appropriations, plus overseas food aid in the Agriculture spending bill. Funds are channeled through about 40 appropriation accounts that are managed by four major Federal agencies, and several independent organizations. This report provides a short description of each account, organized by the...
RICO: Legislative Activity in the 107th Congress
The federal Racketeer Influenced and Corrupt Organization (RICO) provisions outlaw the use of various state and federal crimes (RICO predicates) to acquire, maintain, or conduct the activities of a formal or informal enterprise whose activities affect interstate or foreign commerce, 18 U.S.C. 1961-1965. Violations subject offenders to criminal penalties and civil liability. The USA PATRIOT Act added terrorist offenses to the list of RICO predicates. Other proposals introduced in the 107th Congress address offenses that their sponsors believe should be classified as RICO predicates....
Global Taxation and the United Nations: A Review of Proposals
A discussion of the possibility of the United Nations promoting and planning imposition of international taxation on U.N. member states, including the United States was initiated in response to the March 2002 U.N.-sponsored International Conference on Financing for Development, held in Monterrey, Mexico. While this issue was not specifically on the agenda of the conference, preparations for the meeting included global taxation proposals as a source of "innovative revenue sources of funding." This was the third time within the past decade that a discussion of perceived U.N.-imposed global...
Navy Shipbuilding: Recent Shipyard Mergers -- Background and Issues for Congress
In April 2001, General Dynamics (GD) and Newport News Shipbuilding (NNS) announced an agreement under which GD would purchase NNS. The following month, Northrop Grumman (NOC) announced an unsolicited counteroffer to purchase NNS. The Department of Justice (DoJ) and the Department of Defense (DoD) reviewed the two merger proposals and in October 2001 announced that they would oppose the GD merger proposal on the grounds that it would eliminate competition in nuclear submarines and harm competition for emerging technologies for both nuclear submarines and surface ships. DoJ and DoD did not...
On January 29, 2001, President Bush established the National Energy Policy Development Group (NEPDG), with Vice President Cheney serving as Chairman. Along with the Vice President, the NEPDG consisted of six executive department heads, two agency heads, and various other federal officers. The NEPDG was tasked with developing a national energy policy "designed to help the private sector, and government at all levels, promote dependable, affordable, and environmentally sound production and distribution of energy for the future." Based on reports that meetings of the NEPDG included...
Export Administration Act of 2001: Side-by-Side of S. 149 and H.R. 2581
This report compares the major provisions of the Export Administration Act of 2001 (EAA); S. 149 as passed by the Senate, H.R. 2581 as amended by the House International Relations Committee, and H.R. 2581 as further amended by the House Armed Services Committee. These bills reauthorize and revamp the primary authority for controlling exports and technologies for reasons of foreign policy and national security. The Export Administration Act of 2001 was introduced in the Senate as S. 149 on January 23, 2001, by Senator Michael P. Enzi. The bill was reported out by the Senate Banking,...
Tittle v. Enron Corp. and Fiduciary Duties Under ERISA
Since November 2001, it has been reported that at least thirty-eight individual claims and three class action suits have been filed under the Employee Retirement Income Security Act ("ERISA") against the Enron Corporation, a Houston-based energy producer and trader. In general, these claims allege that fiduciaries of the Enron Corp. Savings Plan, a 401(k) plan established by Enron for the benefit of its employees, breached their fiduciary duties to participants and beneficiaries of the plan. Many participants and beneficiaries lost substantial amounts of retirement savings when the value...
Farm Commodity Payment Limits: Comparison of Proposals
This report discusses U.S. policy regard farm commodities. Greater public awareness of the size of commodity program payments reaching a
comparatively small number of very large farms has focused the attention of Congress on payment limits. Limits on commodity program payments have been imposed since 1970. As part of the emergency economic assistance packages enacted each of the past
three years, the payment limits have been doubled. In addition, a mechanism has been developed that allows farms to circumvent the limit on loan deficiency payments, namely commodity certificates
Peru survived constitutional and political crises in 1999 and 2000 and now faces the challenges of further strengthening democratic institutions and stimulating the economy. President Alejandro Toledo assumed office on July 28, 2001. He won extraordinary elections that had to be organized following the sudden resignation in November 2000 of President Alberto Fujimori in the wake of electoral, human rights, and corruption scandals. President Fujimori headed Peru from 1990 to 2000. During that time he did much to bring under control destabilizing factors such as terrorism, drug...
Federal Cocaine Sentencing: Legal Issues
The Anti-Drug Abuse Act provided mandatory minimum sentences of imprisonment for possession with intent to distribute powder and crack cocaine. In this statute Congress established a quantitative 100-to-1 sentence ratio between the two ( i.e ., it takes 100 times as much powder cocaine as crack cocaine to trigger the same sentence). Under this distinction, a person convicted of possession with intent to distribute a pound of powder cocaine (453.6 grams) would serve considerably less time in a federal prison than one convicted of possession with intent to distribute 5 grams of crack....
Angola: Recent Developments and U.S. Policy
A permanent cease-fire agreement between the Angolan government and its long-time military adversary, the National Union for the Total Independence of Angola (UNITA) was signed on April 4, 2002. The accord provides for the demobilization of UNITA’s forces, and for their integration into a unified national military. Under a separate law passed prior to ratification of the accord, UNITA’s armed forces will receive a general amnesty for wartime offenses committed against the state and Angolan people. The agreement followed the death of Jonas Savimbi, the founder and long-time leader of UNITA,...
Appropriations for FY2002: Military Construction
The military construction (MilCon) appropriations bill provides funding for (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) the bulk of base realignment and closure (BRAC) costs. Funding for rebuilding parts of the Pentagon destroyed in the terrorist attack of September 11, 2001, is likely to be included in military construction appropriations. Preliminary estimates of the total cost vary from $100 million to $1 billion. Part of the...
Preventing Proliferation of Biological Weapons: U.S. Assistance to the Former Soviet States
The former Soviet and subsequently Russian biological weapons program possessed capabilities far in excess of any such program known to have existed elsewhere. These capabilities included genetically-altered, antibiotic-resistant pathogens and sophisticated delivery systems. Approximately fifty biological research and production centers (BRPCs) throughout the former Soviet Union devoted either all or part of their work to the program. In the post-Soviet era, former Soviet states drastically reduced and in some cases eliminated funding for these BRPCs. Thousands of BW scientists became...
Education for the Disadvantaged: ESEA Title I Reauthorization Issues
This issue brief covers only Parts A and E of ESEA Title I. Part A of Title I, grants to LEAs, constitutes over 90% of total Title I funding, while Part E authorizes program evaluation and demonstration projects of innovative practices, including the Comprehensive School Reform Program. Other Parts of Title I authorize the Even Start program of joint services to young disadvantaged children and their parents (Part B), plus aid for the education of migrant (Part C) and neglected or delinquent youth (Part D).
Congress passed the USA PATRIOT Act (the Act) in response to the terrorists' attacks of September 11, 2001. The Act gives federal officials greater authority to track and intercept communications, both for law enforcement and foreign intelligence gathering purposes. It vests the Secretary of the Treasury with regulatory powers to combat corruption of U.S. financial institutions for foreign money laundering purposes. It seeks to further close our borders to foreign terrorists and to detain and remove those within our borders. It creates new crimes, new penalties, and new...
Auditor Oversight: Proposals for New Regulator
This report provides basic background information on current regulation of auditors and summarizes alternatives now under consideration. Reforms proposed by Congress and the executive branch focus on oversight of the independent auditor, whose responsibility (in the broadest sense) is to certify that a corporation’s accounting statements reflect its true financial condition.
Legislative History of the World War II Memorial and World War II Commemorative Legislation
This report traces the legislative history of the World War II Memorial and related legislation, from 1985 until the present day. The legislative history of forty pieces of relevant legislation and the related public events occurring simultaneously with the legislative process are examined in this report.
The USA PATRIOT Act: A Legal Analysis
The USA PATRIOT Act passed in the wake of the September 11 terrorist attacks. It flows from a consultation draft circulated by the Department of Justice, to which Congress made substantial modifications and additions. The stated purpose of the Act is to enable law enforcement officials to track down and punish those responsible for the attacks and to protect against any similar attacks. The Act grants federal officials greater powers to trace and intercept terrorists' communications both for law enforcement and foreign intelligence purposes. It reenforces federal anti-money laundering...
In Department of Housing and Urban Development v. Rucker , the Supreme Court unanimously approved provisions of the 1988 Drug Abuse Act enacted by Congress in response to "rampant drug- related or violent crime" in public housing projects. Specifically, the law allows for no-fault evictions of public housing tenants by mandating the use of lease provisions, which state that "any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, any member of the tenant's household, or any guest or other person under the tenant's control, shall be cause...
FY2003 Budget and Related Documents: Internet Access and GPO Availability
In February, the President submits to Congress a series of budget volumes which contain the President’s budget proposalsforthe upcoming fiscal year, historical data, and analytical supplements. Early in the year, the Economic Report of the President is released by the Council of Economic Advisors, and the Congressional Budget Office issues its publications, Budget and Economic Outlook and Analysis of the President’s Budget. Neither CRS nor the Library of Congress can provide giveaway copies of these documents. This report provides brief descriptions, together with Internet addresses...
Imagery Intelligence: Issues for Congress
Intelligence derived from satellites has become an essential element of military operations and foreign policymaking. In particular, precise imagery from space-based collection systems makes possible the effective use of precision-guided munitions that is becoming the basis of U.S. defense planning. Imagery intelligence also provides the factual bases for addressing many foreign policy issues. Imagery is collected by satellites acquired and operated by the National Reconnaissance Office (NRO), an organization with a record of enormous technological achievements since its creation...
The Joint Strike Fighter (JSF) program is intended to develop and build a family of new-generation tactical combat aircraft for the U.S. Air Force, the Marine Corps, the Navy, and Britain's Royal Navy. As now projected, the JSF will become the U.S. Defense Department's (DoD) largest ever acquisition program in terms of future cost and number of aircraft to be produced. A controversial aspect of the JSF program has been the "winner-take-all" approach that DoD used to award the development and demonstration contract. On October 26, 2001, senior DoD officials announced that a team led by...
Western Hemisphere Institute for Security Cooperation
The Western Hemisphere Institute for Security Cooperation was created pursuant to language contained in the National Defense Authorization Act for 2001 (H.R. 5408), which was incorporated into the H.R. 4205 conference report (H.Rept. 106-945), enacted into law on October 30, 2000 (P.L. 106-398). The Institute was created by Congress in response to a legislative initiative sponsored by the Clinton Administration. When the Western Hemisphere Institute for Security Cooperation was formally established in Section 2166 of Title 10 U.S.C., the authorities of its controversial predecessor, the...
Appropriations for FY2002: Legislative Branch
Conferees on the FY2002 legislative branch appropriations bill agreed to $2.97 billion for legislative branch operations, an 8.9% increase over the FY2001 funding level of $2.73 billion ( P.L. 107-68 ). Total FY2002 funding made available for the legislative branch is $3.23 billion, when including emergency response funds transferred pursuant to P.L. 107-117 , the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9). P.L. 107-68 contains funds for 79 new Capitol Police positions, funds for Capitol Police...
Air Quality Standards: The Decisionmaking Process
The decisions by the Administrator of the Environmental Protection Agency (EPA) in July 1997 to revise ambient air quality standards (NAAQS) for ozone and particulate matter refocused attention on the criteria and the process by which these decisions are made. The new standards were the subject of numerous oversight hearings as well as litigation, which culminated in a Supreme Court ruling February 27, 2001. The court upheld the NAAQS-setting procedures at question, in particular definitively rejecting the consideration of costs in setting NAAQS.
However, the court’s ruling also raised...
Russian Fighter Aircraft Industrial Base: Parallels with the United States?
There are many differences between the fighter aircraft industry in the United States and in Russia. The United States has traditionally produced its weaponry within a capitalist framework which allowed free enterprise and competition between companies in private industry. The former Soviet Union's economy, and its fighter aircraft industry was based on a Marxist, command economy, where the central government dictated the type and number of aircraft produced and allocated resources for construction. Once among the most glamorous components of the Soviet military industrial complex,...
The Congress, the executive branch, and scientific and technical communities have adopted and are considering research and development (R&D) and education-related security measures to counteract terrorism. There is widespread agreement on the need for these measures, but some experts say that they could have unintended consequences. Some of these actions are included in the PATRIOT/USA Act, P.L. 107-56 ; in addition the Office of Homeland Security, federal agencies, and the scientific and technical community have proposed or taken other actions. Activities relating to higher education (in...
This report compares H.R. 3005 , the Bipartisan Trade Promotion Authority Act of 2001 , as approved by the House on December 6, 2001, and as ordered reported by the Senate Finance Committee on December 18, 2001 ( S.Rept. 107-139 ). The trade negotiating objectives in both versions are similar but not identical. Both versions have the same seven overall objectives, but the Senate Finance Committee version has an eighth on small businesses. They have the same 13 principal objectives, with some language differences for three--foreign investment, agriculture, and dispute settlement--and...
Telework in the Federal Government: Background, Policy, and Oversight
Advances in information and computer technology; the development of the Internet; and the explosion of wireless and digital products, including powerful laptops, hand-held electronic devices, and remote work-access capabilities, have given some federal employees the ability to telework -- work anytime from almost anyplace. Telework emerged as an option for the federal workforce over the last decade. Management considerations, such as productive and satisfied workers; environmental considerations, such as reduced traffic congestion and improved air quality; and quality of...
Hoffman Plastic Compounds v. NLRB and Backpay Awards to Undocumented Aliens
This report discusses the U.S. Supreme Court's decision in Hoffman Plastic Compounds v. NLRB , a case involving whether backpay may be awarded to an undocumented alien because his employer violated the National Labor Relations Act. The report reviews the relevant facts of the case and discusses both the majority and dissenting opinions. The Court's conclusion that federal immigration policy restricts the National Labor Relations Board from awarding backpay to an undocumented alien could result in legislation. This report will be updated in accordance with such legislative activity.
Defense Budget for FY2003: Data Summary
This report is designed to be a readily accessible source of facts and figures on the FY2003 defense budget. Part I presents basic data on the national defense budget request, including figures on budget authority and outlays for the Department of Defense and for the national defense budget function. Part II shows trends in overall defense spending, including figures on the growth and decline of defense spending, on defense outlays as a share of federal expenditures, on defense outlays as a share of gross domestic product, and on foreign military spending. Part III defines key defense...
Employer Stock in Retirement Plans: Bills in the 107th Congress
In the wake of the bankruptcy of Enron Corporation, numerous bills have been introduced in the 107th Congress with the intent of protecting workers from the financial losses that employees risk when they invest a large proportion of their retirement savings in securities issued by their employers. Legislative proposals include some that would directly regulate the proportion of employees’ retirement savings that can be comprised of employer securities, and others that would encourage education of employees on financial matters without imposing a cap on employee investment in employer securities.
Macedonia: Country Background and Recent Conflict
Sharing borders with Kosovo and Serbia, the Former Yugoslav Republic of Macedonia (FYROM) managed to avoid becoming directly involved in the drawn-out wars in Bosnia and Kosovo in the 1990s. Inter-ethnic relations between the Slav majority and ethnic Albanian minority in Macedonia, while often tense, never reached the crisis state of Albanian-Serb relations in the province of Kosovo. Since Macedonia's independence in 1991, ethnic Albanian political parties in Macedonia have been represented in government and in parliament. However, in early 2001, ethnic Albanian rebels calling...
Instant Messaging on the Internet: Interoperability Issues of Competition and Fair Access
Instant Messaging (IM) is one of the fastest growing Internet applications. The recent debate about IM is related to the broad issues of open access rules and competition in the high speed Internet service and cable television markets. Although IM technology has evolved largely independent of formal regulation, a review of the AOL-Time Warner (AOL-TW) merger brought issues of interoperability (the ability to exchange messages between multiple IM services) among IM services under scrutiny both in the US and Europe. Concerns about open access and accessibility for the disabled, have been...
The purpose of this report is to provide detailed information on each of the programs administered by the Corporation. This includes a description of the services provided, individual eligibility requirements, and the FY2002 funding level.
In response to the mailings of the bioterror agent Bacillus anthracis , the U.S. Postal Service has begun systematic sterilization of mail destined for federal government offices in the Washington D.C. metropolitan area. The mail is sterilized using irradiation by electron beam, a method widely used to treat food and medical devices. The USPS is considering expanding sterilization procedures to include all non-commercial mail. The USPS predicts that this may cost up to $2.25 billion and could start as early as FY2005. This report examines some of the issues surrounding benefits...
This chronology, which begins in January 2002, covers events surrounding the March 2002 presidential election that took place in Zimbabwe. It will not be updated. For further information on Zimbabwe, see CRS Report RL31229(pdf) , Zimbabwe Backgrounder.
On March 7, 2002, an indictment was filed in the United States District Court for the Southern District of Texas against Arthur Andersen, LLP, (Andersen) charging Andersen with an obstruction of justice violation under 18 U.S.C. Section 1512 in connection with events surrounding the collapse of the Enron Corporation. This report will briefly summarize this statute and other federal laws carrying criminal penalties which may be implicated in the events surrounding Enron's collapse, depending upon the factual circumstances involved.
Disaster Unemployment Assistance (DUA)
Disaster Unemployment Assistance (DUA) provides assistance to previously employed or self- employed individuals rendered unemployed as a direct result of a major disaster and who are not eligible for regular federal/state unemployment insurance (UI). DUA is federally funded through the Federal Emergency Management Agency (FEMA), but is administered by the state UI agencies.
Legislative History: A Basic Guide For Constituents
This report provides an overview of legislative history of federal legislation. The report briefly outlines the legislative process and then suggests where to find materials that describe or document a piece of legislation's progress through Congress.
Prohibiting Television Advertising of Alcoholic Beverages: A Constitutional Analysis
Federal law does not prohibit radio or television advertising of alcoholic beverages. However, starting in 1936 for radio and 1948 for television, the industry voluntarily refrained from advertising hard liquor on radio or television. In December, 2001, NBC announced that it would air liquor advertisements, but in March 2002, it reversed its policy. The U.S. Court of Appeals for the District of Columbia has struck down a law that banned "indecent" speech on broadcast radio and television 24 hours a day, but has upheld the current law, which imposes the ban from 6 a.m. to 10 p.m. This...
Disqualification, Death, or Ineligibility of the Winner of a Congressional Election
On several occasions, including a Senate race in 2000, a congressional candidate on the ballot for the general election has died within such proximity to election day that there was not sufficient time under State election-administration procedures to change the ballot and substitute another candidate. Leaving the name of a deceased candidate on the ballot has raised questions and criticisms in some quarters concerning State authority to issue a "final" ballot and to decline to add or substitute other candidates at some point prior to an election; whether votes for the deceased candidate...
Social Security's Treatment Under the Federal Budget: A Summary
The treatment of Social Security in the federal budget is often confusing. In legislation enacted in 1983, 1985, and 1990, Social Security was excluded from official budget calculations and largely exempted it from congressional procedures for controlling budget revenues and expenditures. However, because Social Security represents more than a fifth of federal revenues and expenditures, it often is included in summaries of the government's financial flows, or what is referred to as the "unified" budget.
HIV/AIDS: Appropriations for Worldwide Programs in FY2001 and FY2002
U.S. support for the struggle against this international epidemic is provided through several appropriations bills. This short report identifies FY2002 appropriations for worldwide HIV/AIDS efforts and includes tables comparing these appropriations with appropriations for FY2001. For additional information, see CRS Report RS21181, HIV/AIDS International Programs: Appropriations, FY2002 - FY2004 .
Child Care: Funding and Spending under Federal Block Grants
The welfare reform law of 1996 ( P.L. 104-193 ) sharply increased federal child care funding for low-income families, with the expectation that new work requirements for welfare parents (most of whom were single mothers) would increase demand for child care services. This additional funding was accompanied by the creation of a unified and expanded Child Care and Development Block Grant (CCDBG) program, with the aim of serving low-income families, regardless of welfare status. The expanded program is financed through two funding streams commonly referred to in combination as the Child Care...
Japan-U.S. Cooperation on Ballistic Missile Defense: Issues and Prospects
The issue of missile defense cooperation with Japan intersects with several issues of direct concern to Congress, ranging from support for developing a capability to protect U.S. regional forces, Asia-Pacific allies, and Taiwan, from Chinese short- and medium-range missiles, to countering a possible future threat to U.S. territory from long-range missiles developed by North Korea. Japan's current participation in the U.S. ballistic missile defense (BMD) program dates from August 1999, when the Japanese government agreed to conduct cooperative research on four components of the interceptor...
Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
Issue advocacy communications have become increasingly popular over the federal election cycles. Often these advertisements could be interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has ruled that issue ads are constitutionally protected First Amendment speech and cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of election...
Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
Issue advocacy communications have become increasingly popular in recent federal election cycles. These advertisements are often interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has determined that issue ads are constitutionally protected First Amendment speech that cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of...
Vietnam’s Labor Rights Regime: An Assessment
Congress is currently considering the U.S.-Vietnam bilateral trade agreement (BTA). Under the agreement, which was signed in July 2000 and requires Congressional approval, the United States pledged to extend conditional normal trade relations status to Vietnam, thereby significantly lowering tariffs on imports from Vietnam, in return for Hanoi’s agreement to enact a wide range of market-oriented reforms. Congressional discussion over the BTA is expected to highlight Vietnam’s labor rights situation, a topic that has become a contentious part of the trade debate in recent years. The BTA...
Class Actions and Proposed Reform in the 107th Congress: Class Action Fairness Act of 2002
This report discusses the Class Action Fairness Act of 2002. The bill reflects a preference for class actions to be adjudicated in federal courts and would enlarge U.S. district courts original jurisdiction over class actions with claims aggregating $2,000,000 or more (even if each of the members of the class had not sustained damages in excess of $75,000 as is now required).
Appropriations for FY2002: An Overview
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year.
The Enron Bankruptcy and Employer Stock in Retirement Plans
This report describes the current laws governing the holding of employer stock in employee retirement plans and summarizes some key policy questions that pension analysts have raised about holding such stock in defined contribution retirement plans.
Appropriations for FY2002: Labor, Health and Human Services, and Education
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Labor, Health and Human Services, and Education Appropriations Subcommittees.
The September 11th attack and subsequent intentional release of anthrax spores via the U.S. postal system have focused policymakers’ attention on the preparedness and response capability of the nation’s public health system. The anthrax attacks put a tremendous strain on the U. S. public health infrastructure, an infrastructure that many experts argue has been weakened by years of neglect and under-funding. To better understand the preparedness gaps that exist, as well as the disparate functions and agencies that define public health in this country, the Congressional Research Service...
Techniques for Preventing a Budget Sequester
This report briefly describes the budget sequestration process, including the ways in which a sequester could be avoided under the regular process, and then discusses in more detail various techniques that have been used since FY1991 to prevent a sequester by intervening in the regular process.
"Innocent Landowners" and "Prospective Purchasers" in the Superfund Act
The Superfund Act contains several devices that eliminate the liability or reduce the transaction costs normally incurred under the Act by persons that acquire contaminated land. This report focuses on three of them, two addressed in the recently enacted brownfields law (P.L. 107-118). The first device is the innocent-landowner defense, available to persons who acquire land after the hazardous substance is put there, and who (among other things) find no contamination before acquisition despite “all appropriate inquiry.” The second device allows use of innocent-landowner status as a basis...
Business Investment and a Repeal of the Corporate Alternative Minimum Tax
With the U.S. economy either stuck in a recession or entering what some analysts anticipate will be a protracted period of sluggish recovery, Congress is considering various proposals to stimulate the economy. One such proposal -- H.R. 3090 , which the House narrowly passed on October 24, 2001-- contains a variety of individual and business tax cuts, including a repeal of the corporate alternative minimum tax (CAMT). This report assesses the likely stimulative effect of repealing the CAMT. A central aim of the CAMT is to prevent corporations that report substantial profits...
The September 11, 2001 terrorist attacks prompted congressional action on many fronts, including passage of the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, P.L. 107-56 . The Act is broadly scoped, and some of its provisions may affect Internet usage, computer security, and critical infrastructure protection. In the area of computer security, the Act creates a definition of "computer trespasser" and makes such activities a terrorist act in certain circumstances. The Act enables law enforcement officials...
Anti-Hoax Legislation in the 107th Congress: Addressing Problems since September 2001
Since September 11, 2001, the number of false claims of terrorist acts has ballooned. These false claims have become a serious headache for law enforcement officials, who are overwhelmed with working overtime to prevent actual terrorist acts and the investigations of all suspicious and fake events. Under current law, it is a felony to perpetrate a hoax by claiming there is a bomb on an airplane or to communicate in interstate commerce a threat to do bodily harm or personal injury to another. However, current law does not address a hoax related to biological, chemical, or nuclear dangers...
The "Son of Sam" Case: First Amendment Analysis and Legislative Implications
In Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board , the United States Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. The Son of Sam law, in the Court's words, "requires that an accused or convicted criminal's income from works describing his crime be deposited in an escrow account. These funds are then made available to the victims of the crime and the criminal's other creditors." "[T]he Federal Government and most of the States have enacted statutes with similar...
Recruiting and Retention in the Active Component Military: Are There Problems?
This report provides information on recruiting and retention trends in the active component of the armed forces since 1989, including recruiting and retention shortfalls that occurred within the past few years; the congressional and executive branch response to these shortfalls; and an assessment of the current situation. Additionally, it contains an analysis of factors that may have an impact on recruiting and retention in the future, and discusses policy options that could be considered to minimize any negative effects that these factors might cause. In recent years, the Military...
Trade Remedies and Agriculture
U.S. laws provide a variety of avenues for U.S. industries, including agricultural producers, to seek relief when they believe they have been by injured by imports or unfair trade practices. Currently, federal law provides for four primary trade remedies. Three of these – safeguards, countervailing duties, and anti-dumping duties – address concerns about the impacts of competing imports. The fourth remedy, commonly called Section 301, is the principal tool to challenge (under dispute settlement procedures in international trade agreements where applicable) unfair foreign trade practices...
There are three main types of committees—standing, select, and joint. Most committees form subcommittees to share specific tasks within the jurisdiction of the full committee.
Andean Regional Initiative (ARI): FY2002 Assistance for Colombia and Neighbors
In April and May 2001, the Bush Administration proposed $882.29 million in FY2002 economic and counter-narcotics assistance, as well as extension of trade preferences and other measures, for Colombia and regional neighbors in an initiative called the "Andean Regional Initiative" (ARI). Critics of the Andean Regional Initiative argue that it is a continuation of what they regard as the misguided approach of Plan Colombia assistance approved in 2000, with an overemphasis on military and counter-drug assistance, and with inadequate support for human rights and the peace process in...
Appropriations for FY2002: Commerce, Justice, and State, the Judiciary, and Related Agencies
This report tracks action by the 107th Congress on FY2002 appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and other related agencies (often referred to as CJS appropriations). President Bush's FY2002 budget request totals $40.81 billion, about one billion dollars (2.6%) above the FY2001 total. The House agreed to $41.46 billion, the committee total, and passed the bill ( H.R. 2500 ) on July 18th. The Senate Appropriations Committee recommended a total of $41.53 billion ( S. 1215 ). The Senate passed its version of H.R. 2500 , as amended, on September 13,...
Terrorism: Near Eastern Groups and State Sponsors, 2002
The Al Qaeda terrorist network founded by Osama bin Laden is believed to pose a continuing, although diminished, threat to the United States at home and to U.S. interests and allies abroad following the network's defeat in its base in Afghanistan. As stated in taped appearances by its leaders since the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon, the goal of Al Qaeda is to destroy high profile U.S. targets in order to end what Al Qaeda claims is U.S. suppression of Islamic societies. In these appearances, bin Laden virtually claimed responsibility for...
House Leadership: Whip Organization
The whip system performs two primary functions: to take responsibility for the mobilization of party Members for key votes and to serve as a conduit for information between party leaders and party Members.
Energy Policy Act of 2002: Summary of S.1766 as Introduced
The Energy Policy Act of 2002 (S. 1766) was introduced by Senate Majority Leader Daschle on December 5, 2001, and placed on the Senate Calendar for floor action. The bill is expected to be the primary vehicle for Senate debate on national energy policy. S. 1766 would further the trend of the past two decades towards competitive electric markets. Subtitle B of Title II of S. 1766 would repeal the Public Utility Holding Company Act of 1935 (PUHCA), which makes certain multi-state utility holding companies subject to regulation by the Securities and Exchange Commission (SEC). Title II,...
Health Insurance: Federal Data Sources for Analyses of the Uninsured
Given the various reasons individuals lack health insurance coverage, analysis of the effectiveness of a proposal to reduce the number of uninsured (such as those discussed above) requires examining characteristics of individuals with and without health insurance coverage. Numerous sources of data have emerged over time that support estimates of the uninsured. However, each data source differs in how it collects information from individuals, as well as the amount of information it collects related to health insurance status. This report outlines the major advantages and limitations of four...
Appropriations for FY2002: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil works projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation (BOR), most of the Department of Energy (DOE), and a number of independent agencies. The Bush Administration requested $22.5 billion for these programs for FY2002 compared with $23.6 billion appropriated in FY2001. The House bill, ( H.R. 2311 ), passed on June 28, 2001, allocated $23.7 billion for these programs. The Senate approved its version of the bill July 19, 2001, with $25.0 billion. The final bill...
Environmental Exposure to Endocrine Disruptors: What Are the Human Health Risks?
This report discusses the human health risks, specifically from endocrine disruptors that are chemical compounds in drugs, food, consumer products, or the ambient environment that can interfere with internal biological processes of animals that normally are regulated by their hormones.
Appropriations for FY2002: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share -- over two-thirds -- of total U.S. international affairs spending. President Bush requested $15.167 billion for FY2002 Foreign Operations, an amount 1.5% higher than enacted FY2001 appropriations. By comparison, foreign policy resources proposed for State Department, U.N. contributions, and other non-foreign aid activities would increase by 13.2% from...
Appropriations and Authorization for FY2002: Defense
On June 27, the Administration submitted an amended fiscal year 2002 defense budget request to Congress. The request totaled $343.5 billion in funding for the national defense budget function, $32.9 billion above the amount originally enacted for FY2001, an 11% increase. The total included funding for the Department of Defense and for defense-related activities of the Department of Energy and other agencies. Both House and Senate versions of the DOD appropriations bill provided the total for national defense that the Administration requested. To accommodate that level, Congress adjusted...
Appropriations for FY2002: Interior and Related Agencies
The Interior and Related Agencies Appropriations bill includes funds for the Department of the Interior (DOI), except the Bureau of Reclamation, and funds for some agencies or programs within three other departments--Agriculture, Energy, and Health and Human Services. It also funds numerous smaller agencies. On April, 9, 2001, President Bush submitted his FY2002 budget for Interior and Related Agencies, totaling $18.19 billion compared to the $19.07 billion enacted for FY2001 ( P.L. 106-291 ). These figures reflect scorekeeping adjustments. (See Table 10 and Table 11 ). Title VIII...
State Department and Related Agencies FY2002 Appropriations
On April 9, 2001, the President submitted his FY2002 budget request which included nearly $8 billion for the Department of State and the Broadcasting Board of Governors (BBG). This represents an increase of $925 million (or 13.1%) from the FY2001 enacted level which Congress passed and the President signed into law ( P.L. 106-553 ) on October 27,2000. On June 27, 2001 the House Commerce, Justice, State (CJS) Subcommittee passed by voice vote its FY2002 appropriations. The full House Appropriations Committee reported out the CJS legislation ( H.Rept. 107-139 ) on July 10, 2001, and set...
The Argentine Financial Crisis: A Chronology of Events
Argentina’s current crisis resulted from a confluence of events, some external to Argentina’s policy process, others directly related to its political and economic choices. The following is a summary of these events from before Argentina’s adoption of the currency board in 1991 to developments in early 2002.
The Nuclear Posture Review: Overview and Emerging Issues
The Bush Administration released the results of its Nuclear Posture Review in January 2002. That study states that the United States will no longer base its nuclear planning on the need to address the "Russian threat." Instead, it will develop forces with the capabilities needed to address a range of threats from unspecified countries. Furthermore, offensive nuclear weapons will combine with missile defenses and conventional strike weapons to deter and defeat potential threats. The United States will reduce its nuclear forces to between 1,700 and 2,200 "operationally deployed"...
Estate and Gift Tax Law: Changes Under the Economic Growth and Tax Relief Reconciliation Act of 2001
Patent Quality and Public Policy: Issues for Innovative Firms in Domestic Markets
The administration of United States Patent and Trademark Office ("USPTO") concerns issues of resource availability and management, as well as need to identify and prioritize the goals of federal patent examination procedures. This report focuses upon this latter issue. There are currently at least three competing views concerning USPTO priorities. One position is that the USPTO should aim to achieve a high level of patent quality. Government, industry, academia and the patent bar alike have traditionally agreed that the USPTO approve only those patent applications that fully describe...
The Brownfields Program Authorization: Cleanup of Contaminated Sites
The Environmental Protection Agency (EPA) defines brownfields as abandoned, idled, or under-used industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination. The brownfields program was established administratively by EPA under the aegis of the Superfund program; without explicit authority for it in the law, it has been financed by the Superfund appropriation. The program provides financial and technical assistance to help communities restore less seriously contaminated sites that have the potential for economic...
The Boy Scouts Amendment to P.L. 107-110, the No Child Left Behind Act of 2001: Legal Background
On January 8, 2002, President Bush signed into law the No Child Left Behind Act of 2001, making major reforms to educational programs authorized by the Elementary and Secondary Education Act of 1965. A controversy that had shadowed the measure all year, and triggered divergent legislative responses from both houses, concerned the Boy Scouts of America (BSA), and the right of that organization to equal access with other community groups to use of federally funded public school facilities. In reaction to a recent U.S. Supreme Court decision, and BSA's highly publicized policy of excluding...
President Bush signed the Promoting Safe and Stable Families Amendments of 2001 ( H.R. 2873 ) into law on January 17, 2002 ( P.L. 107-133 ). The new law reauthorizes the program for 5 years (FY2002-FY2006), sets its annual mandatory funding level at $305 million, and authorizes additional discretionary funds up to $200 million annually. Separately it grants new program authority for the Department of Health and Human Services (HHS) to fund programs that mentor children of prisoners and it expands the Foster Care Independence Program by authorizing new discretionary funds for education and...
Anticircumvention under the Digital Millennium Copyright Act: Universal Studios v. Corley
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA). Title I implements two 1996 World Intellectual Property Organization (WIPO) treaties, both of which contain language obligating member states to prevent circumvention of technological measures designed to protect copyrighted works and to prevent tampering with the integrity of copyright management information. To this end, the Act adds a new chapter 12 to the U.S. Copyright Act, 17 U.S.C. Sections 1201 - 1205, entitled "Copyright Protection and Management Systems." Section 1201(a)(1) prohibits any person from...
Defense Budget for FY2002: Data Summary, Final Version
This report outlines the amended FY2002 defense budget request from the Bush administration, delivered to the Hill in June 2001. The report presents defense budget data in a manner designed to provide various perspectives on U.S. military spending. Part I presents basic data on the amended Bush Administration FY2002 national defense budget request, including data on budget authority and outlays for the Department of Defense and for the national defense budget function. Part II shows trends in overall defense spending, including figures on the growth and decline of defense spending, on...
The Environmental Protection Agency's FY2002 Budget
On April 9, 2001, the President requested $7.3 billion in discretionary budget authority for the Environmental Protection Agency (EPA) for FY2002, $512.0 million (or 7%) less than the FY2001 funding level of $7.8 billion. The request would not have continued funding of about $500 million for activities earmarked for FY2001, and contained provisions shifting more enforcement responsibilities to the states. Popular wastewater infrastructure funding, state roles, and the future of Superfund were some of the predominant topics. On July 17, the House Appropriations Committee recommended $7.545...
State laws regarding confidentiality of adoption records vary and there are no federal regulations governing access to such records. States determine who is eligible to adopt, and who is eligible to be adopted. States also control the consequences of adoption, including availability of any records. This report summarizes the various approaches states use to allow access to adoption records.
S. 27 (McCain-Feingold), the Bipartisan Campaign Reform Act of 2001, was introduced January 22, 2001 in a form similar to prior versions of the last two Congresses. On April 2, after a two-week debate and adoption of 22 amendments, the Senate passed S. 27 by a vote of 59-41. That measure’s companion Shays-Meehan bill, the Bipartisan Campaign Finance Reform Act of 2001, was initially introduced as H.R. 380 in a form similar to House-passed versions of the prior two Congresses; on June 28, the bill was modified and offered as H.R. 2356. H.R. 2360 (Ney-Wynn), the Campaign Finance Reform and...
Combating Terrorism: Are There Lessons to Be Learned from Foreign Experiences?
As the United States braces for possible repeated incidents of international terrorism in the United States, there may be lessons to be learned from the experiences of other countries which have suffered prolonged onslaughts of terrorism. Other countries have had differing results using approaches now employed or suggested for U.S. policy. While none of the four approaches discussed here appears to have worked in all cases, none can be excluded for that reason; each case is uniquely instructive. The utility of each approach, as well as of specific measures, can depend on a variety of...
Africa and the War on Terrorism
African countries overwhelmingly expressed their support for the U.S.-led efforts on the war against terrorism shortly after the September 11 attacks on New York and Washington. Some African countries are reportedly sharing intelligence and are coordinating with Washington to fight terrorism in Africa. Administration officials believe that Africa is a potential breeding ground for terrorism. Some African officials are concerned that despite the strong support African governments have provided to the anti-terror campaign, they are not seen as real coalition partners in the fight against...
Extending the Internet Tax Moratorium and Related Issues
The Internet Tax Freedom Act, enacted in 1998, placed a 3-year moratorium on the ability of state and local governments 1) to impose new taxes on Internet access or 2) to impose multiple or discriminatory taxes on electronic commerce. It grandfathered existing taxes on Internet access. The original moratorium expired on October 21, 2001. Numerous bills to extend the moratorium were introduced in the first session of the 107th Congress. The Congress approved H.R. 1552 (P.L. 107-75, enacted November 28, 2001) which extended the prior moratorium by 2 years, until November 1, 2003.
Protection of National Security Information: The Classified Information Protection Act of 2001
The purpose of this report is to identify legal issues relevant to legislation introduced in Congress that provides for criminal punishment for the unauthorized disclosure of classified information by government employees and contractors with access to such information. The Classified Information Protection Act of 2001, H.R. 2943 , would make such an act a felony punishable by a fine or a prison term no longer than three years, or both. The language in H.R. 2943 is identical to section 304 of H.R. 4392 , 106th Congress, the Intelligence Authorization Act for Fiscal Year 2001. H.R....
The Treasury, Postal Service, Executive Office of the President, and General Government FY2002 appropriation, P.L. 107-67 , totals $32.4 billion. Congressional Budget Office scorekeeping puts the totals at $32.8 billion ($15.7 billion mandatory and $17.1 discretionary. The House passed an appropriation totaling $32.7 billion. The Senate-passed bill would have funded the accounts at $32.8 billion. The conference agreement would provide a 4.6% pay adjustment in January 2002 for federal civilian employees. Several of the accounts within the bill are also receiving funding through...
Enron: Selected Securities, Accounting, and Pension Laws Possibly Implicated in its Collapse
This report takes a brief look at some of the federal statutes concerning finance that the Congress and the Executive branch may focus on in their investigations. The report considers three major areas: the federal securities laws, the federal pension laws, and accounting standards.
Government Information Technology Management: Past and Future Issues (The Clinger-Cohen Act)
Government reform and improved management of public resources have been a common theme in congressional policymaking over the past decade. This report provides an overview of the Information Technology Management Reform Act (ITMRA) of 1996, or as it is better known, the Clinger-Cohen Act. Although the Clinger Cohen Act is a combination of the Federal Acquisition Reform Act (FARA) and the ITMRA, this report focuses on the information technology procurement and management reforms only. At the time of its passage, ITMRA reflected a growing concern that the federal government was not...
Class Size Reduction Program: Background and Status
This report provides an overview of the structure and status of the CSR program, the issues raised about the program, early reports on its implementation, and relevant legislative action by the U.S. Congress
Independent Counsel Law Expiration and the Appointment of "Special Counsels"
The provisions of federal law governing the appointments of "independent counsels" expired on June 30, 1999. Since that date, no new independent counsels may be appointed by the special three-judge panel upon the request of the Attorney General, as had been provided for under the expired statute. All on-going investigations and pending prosecutions under the authority of an existing independent counsel, however, may be completed if deemed warranted by that independent counsel. The Attorney General, under the Attorney General's existing authority to administer the Department of...
The future of the 12 successor states of the former Soviet Union is a major concern of U.S. foreign policy and congressional attention, and the U.S. assistance program has been a major tool for influencing the direction of that region. This report provides a chronological history of U.S. assistance to the Soviet Union and the New Independent States (NIS) to the end of 2001, focusing on Administration and Congressional actions -- proposals, policy pronouncements, debate, and legislation -- rather than the details of program implementation in the field. During 1991, the thrust of the...
The Americans with Disabilities Act: Toyota Motor Manufacturing v. Williams
The Supreme Court, in Toyota Motor Manufacturing v. Williams, held that to be an individual with a disability under the Americans with Disabilities Act (ADA) an individual must have substantial limitations on abilities that are central to daily life, rather than only to those abilities used in the workplace. In an unanimous opinion written by Justice O'Connor, the Court interpreted the definition of individual with disability narrowly to exclude individuals who are limited only in the performance of manual tasks associated with their job. This report will briefly discuss Williams ...
Appropriations for FY2002: Transportation and Related Agencies
On December 18, 2001, the President Bush signed the FY2002 Department of Transportation (DOT) and Related Agencies conference agreement ( H. Rept. 107-308 ), appropriating a total of $59.588 billion for DOT, a 2.5% increase over the FY2001 enacted level. The enacted bill provides $507 million more than the House-passed version and $391 million less than the Senate-passed bill. At $32.895 billion, the Federal Highway Administration (FHWA) will receive slightly less than in FY 2001. The Federal Railroad Administration (FRA) will receive $734 million, $21 million less than in FY2001. The...
Rehabilitation Act: Summary of 1998 Reauthorization Legislation
This report discusses the Rehabilitation Act of 1973, which provides comprehensive vocational rehabilitation (VR) services designed to help individuals with physical and mental disabilities become employable and to facilitate independence and integration into society.
Disadvantaged Businesses: A Review of Federal Assistance
It is the policy of the federal government to encourage the development of small disadvantaged businesses (SDBs) owned by minorities and women. SDBs are statutorily defined as small businesses that are owned and controlled by socially and economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias and who have limited capital and credit opportunities. This report presents an overview of the major federal programs now in existence and indicates where interested persons can obtain further information about specific programs.
The Individuals with Disabilities Education Act (IDEA): Overview of Major Provisions
The Individuals with DisabilitiesEducation Act (IDEA) providesfundsto statesfor the education of children with disabilities. It contains detailed requirements for the receipt of these funds, including the core requirement of the provision of a free appropriate public education (FAPE). IDEA was comprehensively revised in 1997 by P.L. 105-17, but Congress has continued to grapple with issuesrelating to the Act. This report provides a brief overview of the Act with particular attention paid to issues of recent congressional concern, such as funding and the provision of FAPE for...
Energy Independence: Would It Free the United States From Oil Price Shocks?
Over the past 25-years, the U.S. economy has experienced four large oil price shocks (1973-74, 1979-80, 1990-91, and 1999-2000). Each has been a catalyst for discussions about a proper national energy policy. Many analysts have suggested that energy independence should be an integral part of such a policy. Both major party candidates for president in the 2000 election expressed similar views. However, U.S. suppliers of energy participate in the world energy market. So long as prices are determined in that market, energy independence will not free the United States from oil price shocks.
Appropriations for FY2002: District of Columbia
On December 21, 2001, President Bush signed into law the District of Columbia Appropriations Act for FY2002, P.L. 107-96 (formerly H.R. 2944 ). Two weeks earlier, the House on December 6, 2001, and the Senate on December 7, 2001, approved the conference report accompanying H.R. 2944 , after resolving significant differences in the general provisions of their respective versions of the act. The act, which appropriates $408 million in special federal payments, includes $16 million for reimbursement to the District for the cost of providing security for a cancelled World Bank and...
North-South Korean Relations: A Chronology of Events in 2000 and 2001
This report chronicles major developments in the thaw between North and South Korea that has followed the historic inter-Korean summit meeting in June 2000. In the months immediately following the summit, the two Koreas developed a new dialogue, which included several inter-ministerial talks, a meeting of defense ministers, talks on economic cooperation, and family reunions. The sheer breadth and depth of the dialogue indicated to many analysts that Seoul and Pyongyang were trying in earnest to regularize and institutionalize the rapprochement, in contrast to previously ephemeral thaws in...
Commercial Remote Sensing by Satellite: Status and Issues
Since the late 1970s, spurred by the launch of the NASA Landsat satellites and later by the success of the French SPOT satellite, Congress has been taking steps to promote a commercial remote sensing industry in the United States. The Land Remote Sensing Act of 1992 coupled with Presidential Decision Directive 23 in 1994 gave new impetus to the industry by permitting commercial companies to launch high resolution (1 meter or less) remote sensing satellites. While a commercial satellite remote sensing industry has emerged, however, so far it has not been the success envisaged by its early...
Assassination Ban and E.O. 12333: A Brief Summary
In the wake of the September 11, 2001, terrorist attacks on the New York World Trade Center and the Pentagon, some attention has been focused upon the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11, and whether it would prohibit the United States from responding to the attacks by targeting those who orchestrated these acts of terrorism. In considering the challenges involved in effectively combating terrorism and protecting the United States from future terrorist attacks, there has been wide-ranging debate as to what approaches might be beneficial. Part of that...
Selected Tax Law Changes Effective January 1, 2002
This report is a listing of the tax changes which were enacted during 2001 and effective at the beginning of 2002
Colleges and Universities Attended by Senators of the 107th Congress
This report identifies the colleges and universities attended by Senators serving in the 107th Congress. Where available in published sources, the degrees earned are also listed.
An Overview of H.R. 40 -- the "Commission to Study Reparation Proposals for African-Americans Act"
H.R. 40 would establish a federal commission to study the capture, transport, sale, and treatment of slaves from the colonial period through the civil war, and to detail how the institution of slavery deprived its victims of family, freedom, culture, and property. The bill also tasks the commission to examine federal and state laws that perpetuated the institution of slavery and the de facto or de jure discrimination against African-Americans after slavery's abolishment. The bill also directs the commission to evaluate slavery's lingering effects on African-Americans today. A primary...
Individuals with Disabilities Education Act: Full Funding of State Formula
This report discusses Individuals with Disabilities Education Act (IDEA), which assists participating states to serve school-age children with disabilities. The state funding formula, which provides a foundation amount based on states’ FY1999 grants and allocates remaining amounts based on states’ shares of school-age children and of school-age poor children, authorizes a maximum allotment per disabled child served of 40% of the national average per pupil expenditure (APPE). Annual appropriations have never been sufficient to provide each state its maximum allotment; in FY2002,...
In late 2001, political tensions were mounting in Zimbabwe as a March 2002 presidential election approached. There were several incidents of political violence, and President Robert Mugabe issued a new decree to accelerate the forcible takeover of white-owned farms. The move was widely interpreted as violating a September 2001 agreement, signed in Abuja, Nigeria, committing the government to proceed with land redistribution only with "due regard" for the rule of law. The government was also preparing to introduce legislation to ban foreign reporters from Zimbabwe and to require Zimbabwe...
The McDade-Murtha Amendment, 28 U.S.C. 530B, instructs Department of Justice litigators to adhere to the ethical standards which apply to other attorneys in the places where the litigators perform their duties. While supporters argue the Amendment is the only existing, effective means of preventing and punishing prosecutorial abuse, critics contend that the Amendment impedes effective federal law enforcement. Twice in the last year, the Senate has passed legislation that included sections substantially modifying the amendment, but in each instance the modifications have been stripped out...
Social Security: Report of the President's Commission to Strengthen Social Security
This report describes the Commission’s three reform plans. The first plan would make no other changes to the program. The second plan would slow the growth of Social Security through one major provision that would index initial benefits to prices rather than wages. The third plan would slow future program growth through a variety of measures.
CONTOMS (Counter Narcotics and Terrorism Operational Medical Support Program)
Since the September 11th terrorist attack, greater attention has focused on federal, state, and local readiness to respond to situations involving terrorism or weapons of mass destruction (WMD). One such federal program that provided federal support to local law enforcement and first responders is CONTOMS (Counter Narcotics and Terrorism Operational Medical Support).
The McDade-Murtha Amendment, 28 U.S.C. 530B, requires Justice Department litigators to observe the ethical standards established by the state and local federal court rules wherever they perform their duties. The Amendment was passed in an apparent effort to find an effective preventive and corrective mechanism for prosecutorial abuse. Critics argue that the Amendment can work to impede effective federal law enforcement efforts. They point particularly to state and local federal court provisions governing no contact rules, grand jury practices, and professional honesty. Several...
McDade-Murtha Amendment: Ethical Standards for Justice Department Attorneys
The McDade-Murtha Amendment, 28 U.S.C. 530B, requires federal prosecutors to follow state and federal rules of professional responsibility in effect in the states where they conduct their activities. It also continues in place the sixty year old directive that federal prosecutors follow the ethics rules promulgated by the states in which they are licensed to practice. Proponents claim the change will confirm that federal prosecutors must follow the same ethical rules as other lawyers and will enhance the prospect of some protection against wayward federal prosecutors. Opponents charge...
Vietnam Trade Agreement: Approval and Implementing Procedure
The procedure leading to the entry into force of the U.S. trade agreement with Vietnam, including a reciprocal extension of nondiscriminatory treatment. calls for its approval by the enactment of a joint resolution of Congress, considered under a specific fast-track procedure with deadlines for its various stages, with mandatory language and no amendments. After favorable reports on the legislation in both houses, H.J.Res. 51, approving the nondiscriminatory treatment, was enacted on October 16, 2001; the agreement also was ratified by Vietnam on December 4, 2001, and entered into force by...
The Arctic National Wildlife Refuge: The Next Chapter
This report discusses the ongoing debate about whether or not to open the Arctic National Wildlife Refuge (ANWR) for energy development. The report discusses arguments for and against such development and focuses especially on related pieces of legislation that directly affects the future of the ANWR.
Renewable Energy Legislation in the 107th Congress
This report complements and supports CRS Issue Brief IB10041, by summarizing action on more than 100 renewable energy bills introduced during the 107th Congress. In the first session, much of the action on renewable energy provisions focused on the two omnibus energy policy bills, H.R. 4 and S. 1766 . H.R. 4 includes renewables provisions that would authorize research and development (R&D) funding, provide alternative fuel tax incentives, create a residential solar tax credit, extend the renewables production tax credit, and fund renewables with income derived from development of...
Selected Aviation Security Legislation in the Aftermath of the September 11 Attack
The September 11, 2001 hijacking of four airliners, and the enormous loss of life from the use of these airplanes as weapons, has focused congressional concerns on aviation security. During the debate in Congress the overarching issue was the degree of federal involvement needed both to make commercial air travel safer and to restore the public's confidence in the security of our Nation's airway and airports. On October 11, 2001, the Senate passed, after multiple amendments, the Aviation Security Act of 2001, S. 1447 (introduced by Senator Hollings). The bill provided for...
U.S.-Jordan Free Trade Agreement
On June 6, 2000, President Bill Clinton and King 'Abdullah II announced that the United States and Jordan would begin negotiations for a bilateral free trade agreement (FTA). The two sides signed the FTA on October 24, 2000, and President Clinton submitted the FTA to the 107th Congress on January 6, 2001. Bills to implement the FTA were introduced in the Senate ( S. 643 ) on March 28, 2001, and in the House ( H.R. 1484 ) on April 4, 2001. H.R. 2603 (Thomas) and S. 643 (Baucus) were reported out of the House Ways and Means and Senate Finance Committees on July 26. H.R. 2603 was passed...
The Office of Attending Physician in the U.S. Congress
The Office of Attending Physician (OAP) was established by congressional resolution in 1928 to meet the medical needs of Members of Congress. (1) Over the years, the services offered by the office have expanded. During the anthrax scare on Capitol Hill in 2001, it coordinated all the testing of the Capitol complex as well as the care and treatment of Members and staff who may have been exposed to the bacteria. The office has always been headed by a naval officer who is a physician. Six Navy doctors have served as attending physician. (2) The staffing and funding of the office have...
Terrorism and the Law of War: Trying Terrorists as War Criminals before Military Commissions
On November 13, 2001, President Bush signed a Military Order pertaining to the detention, treatment, and trial of certain non-citizens as part of the war against terrorism. The order makes clear that the President views the crisis that began on the morning of September 11 as an attack "on a scale that has created a state of armed conflict that requires the use of the United States Armed Forces." The order finds that the effective conduct of military operations and prevention of military attacks make it necessary to detain certain non-citizens and if necessary, to try them "for...
The U.S.-European Union Banana Dispute
The United States and the European Union (EU) reached an agreement in April 2001 that resolved a long-standing dispute over the EU's rules for importing bananas. Objections to the agreement by other banana exporting countries, such as Ecuador and Caribbean banana exporters, have been withdrawn. The U.S.-EU banana agreement provides for a transition to a tariff-only system of imports in 2006. In the meantime, the EU will establish quotas and a licensing system based on historical trade shares that should increase the prospects for Latin American banana imports in the EU market, especially...
Terrorism: Section by Section Analysis of the USA PATRIOT Act
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, P.L. 107-56 , is part of the Congressional response to September 11. It is the merger of two similar bills. S. 1510 passed the Senate on October 11, 147 Cong.Rec. S10604, and H.R. 2975 passed the House on October 12 after substituting the language of H.R. 3108 for its text, 147 Cong.Rec. H6775. Having informally resolved their differences, the House enacted the measure in final form on October 24, 147 Cong.Rec. H7282, and the Senate on October...
Appropriations for FY2002: VA, HUD, and Independent Agencies (P.L. 107-73)
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittee on VA, HUD, and Independent Agencies.
International Conflict and Property Rights: Fifth Amendment "Takings" Issues
This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Title III, of the USA PATRIOT Act, P.L. 107-56 ( H.R. 3162 ), 115 Stat. 272 (2001), the "International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001," contains three subtitles that deal with: International Counter Money Laundering and Related Measures; Bank Secrecy Act Amendments and Related Improvements; and, Currency Crimes and Protection. It contains a list of 10 findings and 13 purposes, relating the scope of international money laundering to the financing of global terrorism and focusing on problems in the international banking system that have facilitated...
The WTO Doha Ministerial: Results and Agenda for a New Round of Negotiations
Trade ministers from the 142 member countries of the World Trade Organization (WTO) met in Doha, Qatar from November 9-14, 2001. At the end of their meeting, they issued a ministerial declaration, along with two statements on developing country concerns, that establish an agenda for a new round trade negotiations. This agenda has significant implications for Congress. Most of the agreements reached during the round will require congressional approval before they can be implemented by the United States. More immediately, however, the Doha results provide a framework for the congressional...
Appropriations for FY2002: U.S. Department of Agriculture and Related Agencies
This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Agriculture by summarizing the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity. The report also lists the key CRS staff relevant to the issues covered and related CRS products.
Electronic Warfare: EA-6B Aircraft Modernization and Related Issues for Congress
Congress and the Department of Defense (DoD) face difficult and potentially costly choices when considering updating a key facet of the U.S. electronic warfare (EW) force structure. Presently, the Navy's EA-6B Prowler is the only airborne radar jamming system available to protect Navy, Marine Corps, and Air Force aircraft. The Prowler, though still capable, is aging and in short supply. Its retirement is scheduled for 2015. There has been debate on how much EW is required to protect an aircraft force that increasingly incorporates stealth technology. However, recent operational...
Intelligence and Law Enforcement: Countering Transnational Threats to the U.S.
In the post-Cold War world, terrorism, narcotics trafficking, and related money laundering are perceived both as criminal matters and as threats to the nation's security. Often collectively termed transnational threats, these issues have become the concerns of law enforcement agencies as well as the U.S. Intelligence Community. Two foreign banking scandals in the late 1980s led to efforts to ensure that information in the possession of intelligence agencies would, in the future, be made available to law enforcement officials. In the mid-1990s, the Federal Bureau of Investigation...
Monitoring Inmate-Attorney Communications: Sixth Amendment Implications
Citing the need to ensure that individuals in federal custody are not able to facilitate acts of terrorism through conversations with an attorney, the Department of Justice's Bureau of Prisons instituted an interim rule on October 30, 2001, authorizing the monitoring of attorney-client communications when the Attorney General determines that reasonable suspicion exists to believe that such communications might facilitate acts of violence or terrorism. Such monitoring could include taping and electronic surveillance. This report provides an overview of the provisions of the interim rule, as...
The Economic Effects of Spending on Homeland Security
One direct result of the terrorist attacks of September 11 is that the cost of domestic security has risen. That increased cost is likely to be in the form of increased outlays on the military, as well as increases in spending for domestic law enforcement, public safety, and private security services. This report briefly discusses the economic effects of this increased cost looks into how security affects GDP.
Operation Enduring Freedom: Potential Air Power Questions for Congress
The United States is employing military air power in a variety of roles in the Afghan conflict. Congress may have questions concerning the effective use of air power, including which aircraft are likely to be involved and how they are used. Other questions include what risks U.S. aircraft may face, potential readiness issues, logistical challenges, and the effectiveness of U.S. air forces against a "low-tech" enemy.
Energy Efficiency and the Rebound Effect
Several measures in the 107th Congress seek to increase energy efficiency as a means to decrease dependance on foreign oil, cut electricity demand and to curb both air pollution and greenhouse gas emissions. However some claim that these measures may not be as effective as projected because of the rebound effect. By definition, increasing a device's energy efficiency decreases its consumption of energy. However, a simple projection may overestimate the energy savings unless it accounts for the consumer's response to lower costs. For example, a company that doubles the efficiency of...
Agriculture in Afghanistan and Neighboring Asian Countries
Agriculture (as measured by share of gross domestic product and employment) is a significant economic sector in seven Central and South Asian countries: Afghanistan, Iran, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. All of these countries are net food importers. Some have experienced successive years of drought, which has contributed to noticeable declines in agricultural output and the need to increase commodity imports. The United Nations’ World Food Program reports that both Afghanistan and Tajikistan are currently in need of emergency food assistance to cover...
Global Financial Turmoil, the IMF, and the New Financial Architecture
The economies of the world appear to be heading into a simultaneous slowdown and possible global recession that could bear significant consequences for U.S. and world employment, government finances, stock markets, international trade, and capital flows. The poor economic outlook has been clouded even further following the terrorist attacks on September 11, 2001. There has been a sharp curtailment of activity in industries such as travel and tourism, a drop and slow recovery in stock markets, and sagging consumer confidence not only in the United States but in numerous other countries. ...
Internet Privacy: Overview and Pending Legislation
Internet privacy issues encompass concerns about the collection of personally identifiable information from visitors to Web sites, as well as debate over law enforcement or employer monitoring of electronic mail and Web usage. In the wake of the September 11 terrorist attacks, debate over the issue of law enforcement monitoring has intensified, with some advocating increased tools for law enforcement to track down terrorists, and others cautioning that fundamental tenets of democracy, such as privacy, not be endangered in that pursuit. This report provides a brief overview of Internet...
China's Maritime Territorial Claims: Implications for U.S. Interests
The relatively shallow and resource-rich waters surrounding the People's Republic of China (PRC) are of growing economic and strategic importance, yet they often remain invisible in the American foreign policy process. The United States, along with most of the international community, regards these as international waters, through which approximately half of the world's sea-going commercial shipments pass each year. Consequently, a primary U.S. economic and strategic objective in the region has been the maintenance of freedom-of-navigation through these waters. But apart from their...
The Department of Energy's Tritium Production Program
Tritium is a radioactive isotope of hydrogen used to enhance the explosive yield of every thermonuclear weapon. Tritium has a radioactive decay rate of 5.5% per year and has not been produced in this country for weapons purposes since 1988. To compensate for decay losses, tritium levels in the existing stockpile are being maintained by recycling and reprocessing it from dismantled nuclear weapons. To maintain the nuclear weapons stockpile at the level called for in the Strategic Arms Reduction Treaty (START) II (not yet in force), however, a new tritium source would be needed by the year...
National Security Implications of Airborne Early Warning (AEW) Aircraft
Airborne early warning (AEW) aircraft significantly improve the effectiveness of modern defensive and offensive air operations. Presently only a few countries manufacture such aircraft. The demand for AEW aircraft, is growing however, as their utility is recognized. AEW aircraft have been sought by China and India, each a party in regional rivalries. Congress is likely to review the U.S. national security interests and policies raised by these cases.
China's Foreign Conventional Arms Acquisitions: Background and Analysis
This CRS Report examines the major, foreign conventional weapon systems that China has acquired or has committed to acquire since 1990, with particular attention to implications for U.S. security concerns. It is not the assumption of this report that China's military, the People's Liberation Army (PLA), will engage in conflict with other forces in Asia. Nonetheless, since the mid-1990s, there has been increasing concern about China's assertiveness in Asia and military buildup against Taiwan. Since 1990, China has acquired or sought to acquire select types and modest quantities of modern...
Peacekeeping: Military Command and Control Issues
Coalition warfare and the leadership of foreign commanders has played a part in U.S. history since the War for Independence, when the commander of the troops of the predecessor colonies, George Washington, entrusted a key mission and command of 2,000 Continental soldiers to a French Major General, the Marquis de Lafayette. Since 1900, there have been at least seventeen military operations in which the United States has placed U.S. troops under a foreign commander. As of November 1, 2001, some 6,515 U.S. troops serve under a French general in the NATO Kosovo Force (KFOR). Some 865 troops...
Once plagued by dictatorial rule, civil war, and economic chaos, since 1990 Nicaragua has developed democratic institutions and a framework for economic development. Progress has been made in social and economic reforms. Nonetheless, significant challenges remain: Nicaragua is still very poor, and its institutions are weak. Elections for the presidency and National Assembly will be held on November 4, 2001. Major candidates include Sandinista leader and former President Daniel Ortega, and former Vice President Enrique Bolanos of the ruling Liberal Constitutional party. U.S. policy toward...
Missile Defense, Arms Control, and Deterrence: A New Strategic Framework
The Bush Administration has argued that a "new strategic framework" should shape the U.S. relationship with Russia. The Administration states that the United States no longer faces the threat of global nuclear war, and must instead respond to emerging threats. In this environment, it argues, the United States must rely on both offensive and defensive weapons to deter and repel attacks. The Administration maintains that Russia is no longer an enemy, so the United States and Russia need not rely on formal arms control agreements to manage the nuclear balance. Each can reduce its...
The Changing Structure of Agriculture and Rural America: Emerging Opportunities and Challenges
When agricultural production and related businesses dominated rural economies, policies that strengthened and improved agriculture tended to strengthen and improve the well-being of most of America's small communities and rural residents. As the strength of this linkage declined over the past century, many have felt that rural policy has been left largely fragmented and unfocused, comprising a patchwork of programs and initiatives rather than a coherent policy. Yet agriculture remains the primary policy framework for Congress's consideration of rural issues. Significant changes are...
Aviation Security Technologies and Procedures: Screening Passengers and Baggage
Following the terrorist attacks on September 11, 2001, there is intense congressional interest in improving the security screening process for airline passengers and their baggage. In the United States, screening is the responsibility of the airlines, which generally contract the work out to screening companies. The Federal Aviation Administration has regulatory authority, deploys security equipment in airports, and conducts research and development on security technology. Congress has begun to consider several bills in this area that have been introduced since the September 11 attacks, as...
On Thursday, October 25, 2001, the Senate approved House-passed H.R. 3162 , the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act which bolsters the ability of federal authorities to conduct criminal and intelligence investigations, to bar and expel foreign terrorists from the United States, to separate terrorists from their sources of financial support, to punish acts of terrorism, and to address the needs of the direct victims of the events of September 11. The Act is a merger of two bills, S. 1510 , and ...
Terrorism Funding: FY2002 Appropriation Bills
Much of the enormous economic costs of the September 11 terrorist attacks will be addressed in the regular 13 FY2002 appropriations bills, plus allocations of the $40 billion emergency supplemental spending measure signed into law on September 18 ( P.L. 107-38 ). Using baseline data provided by the Office of Management and Budget, this report organizes and tracks U.S. spending to combat terrorism across the 13 appropriation bills, including amounts allocated from the $40 billion emergency supplemental. Each of the FY2002 spending measures includes money for terrorism- related activities,...
U.S. policy-makers once saw Zimbabwe as a source of political and economic stability in southern Africa, but with the failure of Zimbabwe’s economic reform program and mounting unrest in the 1990s, U.S. assistance levels fell sharply. Aid now focuses on programs to strengthen democracy, raise living standards among the poor, and fight the AIDS epidemic. In 2000, the United States strongly criticized pre-election violence and intimidation in Zimbabwe. In June 2001, the U.S. Assistant Secretary of State for African Affairs warned that the United States and Zimbabwe could not have normal...
This report discusses the scope and nature of the vulnerability of hazardous materials (hazmats) transportation and its potential relations to terrorists attacks.
China: Labor Conditions and Unrest
China's labor conditions have become a key variable affecting its domestic politics and economic policies, U.S. human rights policies toward China, and U.S.-China trade. Deepening economic reforms in the People's Republic of China (PRC) since the early 1990s have imposed hardships upon many urban industrial workers, who were once among the most economically-privileged social classes in the country. While raising living standards for many Chinese, the reforms have eroded the material well-being and job security of many workers in state-owned enterprises (SOEs). Bankruptcies of many SOEs...
This report discusses the proposal to assist affected workers in the airlines and related industries in the aftermath of the attacks on the World Trade Center and the Pentagon that shut down the nation’s air transport system temporarily.
Federal Hiring Flexibilities for Emergency Situations: Fact Sheet
n the aftermath of the September 11, 2001 attacks on the World Trade Center and the Pentagon, the Office of Personnel Management (OPM), in a September 13, 2001 memorandum to executive branch agencies, identified various hiring flexibilities that can be used to meet staffing needs in emergency situations. This report provides information on each of the flexibilities.
Disapproval of Regulations by Congress: Procedure Under the Congressional Review Act
The Congressional Review Act of 1996 established expedited (or “fast track”) procedures by which Congress may disapprove a broad range of regulatory rules issued by federal agencies by enacting a joint resolution of disapproval. For initial floor consideration, the Act provides an expedited procedure only in the Senate. (The House would likely consider the measure pursuant to a special rule.) The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must...
China-U.S. Aircraft Collision Incident of April 2001: Assessments and Policy Implications
The serious incident of April 2001 between the United States and the People's Republic of China (PRC) involved a collision over the South China Sea between a U.S. Navy EP-3 reconnaissance plane and a People's Liberation Army (PLA) naval F-8 fighter that crashed. After surviving the near-fatal accident, the U.S. crew made an emergency landing of their damaged plane onto the PLA's Lingshui airfield on Hainan Island, and the PRC detained the 24 crew members for 11 days. Washington and Beijing disagreed over the cause of the accident, the release of the crew and plane, whether Washington...
Federal and State Regulation of Research Involving Human Fetal Tissue
This report discusses federal and state regulation of research involving human fetal tissue. The NIH Revitalization Act of 1993 and the Health Research Extension Act of 1985 regulate the federal funding of fetal research and fetal tissue transplantation. The National Organ Transplant Act restricts the receipt or transfer of fetal organs. Additional fetal research statutes exist at the state level, but have been subject to challenges in federal courts. In general, the courts have found the state fetal research statutes to be unconstitutionally vague.
Section 102(b) of the Arms Export Control Act (AECA) requires the President to impose sanctions on any country that he has determined is a "non-nuclear-weapon state" and has received or detonated a "nuclear explosive device." Sanctions include prohibitions on foreign assistance; munitions sales and licenses; foreign military financing; government credits, guarantees, and financial assistance; U.S. support for multilateral financial assistance; private bank lending to the affected government; and exports of certain specific controlled goods and technology. Specific exceptions exist...
Embassy Security: Background, Funding, and the Budget
The September 11, 2001 terrorist attack on the World Trade Center and the Pentagon led to the closing the following day of 50 of the nearly 260 U.S. embassies and consulates worldwide. A week later, however, all U.S. facilities were open for business. Additionally, three embassies -- in Pakistan, Yemen, and Turkmenistan -- allowed for voluntary evacuations immediately after the attack. In the months prior to the attack, travel warnings were issued and embassies were put on high alert as Osama bin Laden had issued vague, but credible, threats against Americans and American interests around...
Climate Change: Federal Research, Technology, and Related Programs
A major focus of efforts to address possible global climate change has been on energy use, given that carbon dioxide, the major “greenhouse gas,” is added to the atmosphere when fossil fuels are burned. Federal programs to increase energy efficiency and the use of renewable energy resources have a history that goes back well over two decades. While many of these efforts were aimed at reducing U.S. dependence on oil imports and addressing electricity needs, they also are relevant to environmental concerns, including climate change.
Terrorism at Home: A Quick Look at Applicable Federal and State Criminal Laws
Terrorists' attacks on the World Trade Center, the Pentagon, the Murrah Federal Building in Oklahoma City and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. The conduct we most often associate with terrorism -- bombings, assassinations, armed assaults, kidnapping, threats -- are generally outlawed by both federal and state law. The federal approach builds upon...
Costs of Major U.S. Wars and Recent U.S. Overseas Military Operations
The direct costs of U.S. military operations have varied greatly, with a high of some $4.7 trillion (in constant FY2002 dollars) for the incremental costs of World War II, to a few million per operation for U.S. peacekeeping efforts in Cambodia, Angola, and the Western Sahara. The incremental military costs of the war in Vietnam to the United States was $572 billion in FY2002 dollars, and the Persian Gulf War incremental costs totaled some $80 billion in FY2002 dollars, most of which was covered by allied contributions. For the decade after the war, from FY1991 through FY2000, the DOD has...
Terrorism Abroad: A Quick Look at Applicable Federal and State Laws
Terrorists' attacks on the World Trade Center, the Pentagon, the Murrah Federal Building in Oklahoma City and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. Ordinarily, crime is proscribed by the law of the place where it occurs, but more than a few American criminal laws apply to terrorism committed outside the United States. The power to enact such laws flows from...
Japan's "Economic Miracle": What Happened?
What happened to Japan's "economic miracle?" Since the 1990s, Japan has been experiencing slow economic growth, income contraction, and recession along with high unemployment and other problems. These trends since the 1990s compare starkly with the 1970s and 1980s, when Japan's rapid economic growth and development drew admiration from much of the world, including many in the United States, and thrust Japan into the elite club of major industrialized countries. Japan even became established in the minds of some as a model for economic growth and development for other economies to follow,...
Firearms Prohibitions and Domestic Violence Convictions: The Lautenberg Amendment
The Lautenberg Amendment to the Gun Control Act of 1968 establishes a comprehensive regulatory scheme designed to prevent the use of firearms in domestic violence offenses. To this end, the Amendment prohibits the possession of firearms by persons convicted of a misdemeanor crime of domestic violence, and, relatedly, prohibits the knowing sale or disposition of any firearm or ammunition to a domestic violence misdemeanant. Furthermore, the Lautenberg Amendment alters the traditional public interest exception to the possession of firearms under the Gun Control Act by making the prohibition...
China’s Xinjiang-Uighur Autonomous Region: Developments and U.S. Interests
Since 1996, officials of the People’s Republic of China (PRC) have seen an increasing security threat in the activities of minority nationalities in its heavily Muslim Xinjiang Uighur Autonomous Region (XUAR), in China’s far northwest. The PRC has been the target of bombings, sabotage, and other terrorist attacks, primarily thought to be committed by small groups of XUAR extremists (largely Uighurs). As a result, Beijing has increased police actions in the region, which many human rights organizations and Members of Congress allege have resulted in gross and increasing human rights...
Belarus: Country Background Report
This short report provides information on Belarus's history, political and economic situation, human rights record, foreign policy, and U.S. relations with Belarus. It will be updated when necessary.
Sequestration Procedures Under the 1985 Balanced Budget Act
The sequestration process, which involves automatic, largely across-the-board spending reductions made toward the beginning of the fiscal year, was established under the Balanced Budget and Emergency Deficit Control Act of 1985 as a means of enforcing deficit targets. The Budget Enforcement Act of 1990 amended the 1985 act to supersede the deficit targets with two new enforcement mechanisms--limits on discretionary spending ( i.e. , spending controlled through the annual appropriations process) and a "pay-as-you go" (PAYGO) requirement applicable to legislation affecting direct spending (...
Congressional Resources in CRS Research Centers and the La Follette Congressional Reading Room
This report describes types of CRS products and a selection of the most frequently used printed and online reference sources available in the reading room and research centers for use by congressional staff. These deal with legislation and public policy; bills, congressional documents, laws, and regulations; Congress, elections, and politics; the federal government; directories of organizations, associations, corporations, state agencies, educational institutions, and the media; biographical information; data on foreign countries and international affairs; quick facts and statistics; and...
Across-the-Board Tax Cuts: Economic Issues
Across-the-board income tax cuts were an important feature of H.R. 1836 , the comprehensive tax cut of 2001. Distributional issues have been central to the analysis of across-the-board tax cuts (although issues of growth and simplification are also of concern). Some plans have been described as primarily benefitting the middle class; some plans, or even the same plans, have been criticized as unduly favoring high income taxpayers. The distributional measure used to characterize a tax cut affects how the cut is perceived. Absolute measures include tax cut per return and the...
Terrorism at Home and Abroad: Applicable Federal and State Criminal Laws
Terrorists' attacks on the World Trade Center, the Pentagon, the Murrah building in Oklahoma City and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. This is a brief overview of the state and federal laws which now prohibit terrorism in this country and abroad. Since terrorism is a creature of motive in whose name almost any wrong might be committed, the interests of...
Energy Efficiency and Energy Conservation Legislation in the 107th Congress
This report reviews the status of energy efficiency and energy conservation legislation introduced during the 107th Congress. Most of the focus thus far has centered on omnibus energy bills introduced in the House ( H.R. 4 ) and in the Senate ( S. 596 / S. 597 and S. 388 / S. 389 ). The omnibus energy bills from both the House and the Senate have several energy efficiency provisions. H.R. 4 , the Securing America's Energy Future (SAFE) Act, comprises four major house bills: H.R. 2436 , H.R. 2460 , H.R. 2511 , and H.R. 2587 . This bill covers many provisions from the Bush...
Initial Federal Budget Response to the 1941 Attack on Pearl Harbor
This report discusses initial federal budget response to attack on Pearl Harbor on December 7, 1941, which occurred as the federal government was half way through FY1942.
Biological and Chemical Weapons: Criminal Sanctions and Federal Regulations
Various federal regulations and criminal sanctions apply to biological and chemical weapons. Some of the provisions are broadly drafted, covering biological and chemical weapons as well as other controlled material and technology. Some focus on biological and chemical weapons as such. Recent anti-terrorism legislation, Public Law 107-56, amended many of these provisions, broadening the scope criminal sanctions relating to the use of biological and chemical weapons and materials. This report outlines provisions criminalizing certain uses of biological and chemical weapons, and references...
Response to Terrorism: Legal Aspects of the Use of Military Force
The terrorist attack of September 11, 2001, has precipitated widespread calls for the use of military force in response. Under U.S. and international law a variety of legal considerations attach to such use. This report briefly summarizes several salient aspects.
Terrorism: World Trade Center and the Pentagon -- Applicable Federal Criminal Law
The death and destruction associated with the hijacking of four commercial airliners constitute federal crimes that outlaw air piracy, murder, and kidnapping. Relevant statutes carry the death penalty and apply to any accomplices or coconspirators here or abroad.
China's Western Development Campaign
The Peoples Republic of China (PRC) began its economic reform and self-styled "opening up" process more than two decades ago with the hopes of developing the country's backward economy, raising living standards, incomes, and the quality of life of its citizens. Deng Xiaoping, architect of China's economic reforms, stated that during the reform process some Chinese may get rich faster than others, but he believed that the rest of China would benefit from this process. Today, there are many signs that wealth has come to China and its people. The bustling metropolises of Shanghai, Shenzhen,...
Elementary and Secondary Education: Accountability and Flexibility in Federal Aid Proposals
The 107th Congress is considering proposals to amend the Elementary and Secondary Education Act (ESEA). Much of the debate over these proposals has been focused on issues related to state and local accountability for, and flexibility in the use of, federal aid funds. Current federal elementary and secondary education assistance programs have a broad range of accountability requirements, including: targeting of resources on specific “high need” pupil groups, localities, or schools; limitations on the authorized uses of funds; fiscal accountability requirements, such as maintenance of...
Aviation Congestion: Proposed Non-Air Traffic Control Remedies
The debate amongst airlines, airports, and government as to who should be blamed for the record flight delays is long-standing. A concomitant debate continues to occur as to solutions to this problem. The two apparent points of agreement are that ultimately there is no single cause of the delays and there is no single solution to the problem. Congress and the Bush Administration are examining a number of non-air traffic control strategies that might be useful in reducing delay both in the short and long term. Most of these efforts focus on expanding airport capacity or using existing...
Globalization and technology have been viewed as increasingly prominent influences upon the U.S. economy. This perception has led to renewed attention towards the pragmatic aspects and policies of multinational patent acquisition and enforcement. Patent protection has long been understood to be a fundamental mechanism for encouraging the pursuit of technological knowledge, particularly for entrepreneurs and small, innovative firms. Recent trends reveal that U.S. industry has come to rely more heavily upon the world's patent systems, as compared to other intellectual property alternatives...
Banking's Proposed "Know Your Customer" Rules
On December 7, 1998, federal banking regulators proposed regulations that would have required banks and thrifts to develop formal policies and procedures to identify unusual transactions in customers' accounts to report as suspicious activity in conjunction with the federal laws outlawing money laundering. Since 1996, banks have been required to report suspicious activity. Many institutions have maintained know-your-customer procedures on an informal basis. Formal procedures subject to regulatory scrutiny would have been, however, an innovation. On March 23, 1999, the regulators issued a...
Defense Trade Security Initiative: Background and Status
In response to complaints voiced by the U.S. defense industry and foreign customers about the unwieldiness of the defense export licensing review process, the Department of State, with the Department of Defense, developed a set of seventeen reform proposals. Referred to as the Defense Trade Security Initiative (DTSI), it was announced by the Secretary of State during May of 2000. This report gives the background on the DTSI and discusses associated congressional actions that are reflected in the Security Assistance Act of 2000. It also gives the current status of each of the proposals. It...
Education Savings Accounts for Elementary and Secondary Education
The Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) that President Bush signed on June 7, 2001, includes these changes, effective after 2001. The most prominent issue they raise is whether the federal government should assist families whose children are educated in private schools. Policy questions include what effect such assistance might have on public schools and student performance and whether it would be constitutional. Concerns have also been expressed that the legislation would create compliance problems and is most likely to benefit better-off families. P.L....
Bush Energy Policy: Overview of Major Proposals and Legislative Action
The Bush Administration outlined its proposals for addressing the nation’s energy problems in May 2001 with a 170-page report by the National Energy Policy Development Group (NEPD) titled National Energy Policy (NEP). In June, the President transmitted to Congress a summation of the report’s concepts and strategies that call for legislative action.
Immigration: Registry as Means of Obtaining Lawful Permanent Residence
Registry is a provision of immigration law that enables certain unauthorized aliens in the United States to acquire lawful permanent resident status. It grants the Attorney General the discretionary authority to create a record of lawful admission for permanent residence for an alien who lacks such a record, has continuously resided in the United States since before January 1, 1972, and meets other specified requirements. The registry provision originated in a 1929 law. That law set the required entry date from which continuous residence had to be shown (known as the registry date) at...
Social Security: What Happens to Future Benefit Levels Under Various Reform Options
The report first examines several benefit-constraint options. Among them are raising the age at which full Social Security retirement benefits can be received, changing the way initial benefits are computed, and constraining cost-of-living adjustments (COLAs). It also illustrates the effects of creating new personal savings accounts and presents their projected impact as a supplement to, or partial replacement of, the existing system, or as a means to close the gap between the benefit levels promised by the existing system and what can be paid under its projected future income. Finally,...
Airline Passenger Rights Legislation in the 107th Congress
This report examines legislation pertaining to airline consumer protection in the 107th Congress. For background it first summarizes legislation proposed in the 106th Congress and the airlines’ response. The report then briefly examines the findings of the Department of Transportation Inspector General’s February 13, 2001 report on airline customer service. It then discusses the legislative remedies proposed in the 107th Congress. Finally, a side-by-side
presentation of provisions from six airline passenger rights bills is set forth.
The Japanese economy is burdened by an overhang of nonperforming bank loans that are officially recognized to total $367.5 billion but could exceed a trillion dollars if all problem loans are taken into account and economic conditions worsen significantly. These bad loans have weakened Japan's already sluggish economy, undermined the strength of the yen, and are exacerbating the slowdown in Asia's economies. In recent years, Japan has averted a replay of the crisis conditions that accompanied earlier failures of financial institutions, but the problem is immense, and restoring health to...
The Federal Republic of Yugoslavia: U.S. Economic Assistance
U.S. economic assistance to the Federal Republic of Yugoslavia (FRY) seeks to foster democratic institutions and economic reform. Congress approved $100 million for Serbia for FY2001 and the Administration has requested $145 million for the FRY for FY2002. Congressional debate may center on constraints on that aid, the role of other donors, and Serbia's relationship with Montenegro and Kosovo in that context.
Conventional Arms Transfers to Developing Nations, 1993-2000
This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world. The data in the report illustrate how global patterns of conventional arms transfers have changed in the post-Cold War and post-Persian Gulf War years.
Livestock Mandatory Price Reporting
On April 2, 2001, the U.S. Department of Agriculture (USDA) implemented the Livestock Mandatory Price Reporting (LMPR) law. LMPR was passed as part of USDA's FY2000 appropriations law ( P.L. 106-78 ), to address the concerns of some livestock producers about low prices, increasing industry concentration, and the availability of price information. Under the previous, voluntary system, USDA reported data provided on a voluntary basis by meat packers and processors on the prices they pay for animals. The new law requires large packers to report not only negotiated sales, but also forward...
Congressional Budget Resolutions: Motions to Instruct Conferees
Both the House and the Senate have procedures whereby the full bodies may issue instructions to conferees on budget resolutions, usually in the form of a motion. The practices of the House and Senate regarding such motions differ markedly in key respects. First, the House resorts to such motions regularly (having considered 10 such motions in the past 12 years), while the Senate seldom uses them. Second, the House has considered only one motion per budget resolution, while the Senate considered five motions on one budget resolution. Finally, the House regards the motion to instruct...
Democratic Republic of the Congo: Peace Process and Background
The Democratic Republic of the Congo, formerly Zaire, is a vast, resource-rich country of nearly 50 million people. In August 1998, Congo was plunged into its second civil war in 2 years. A peace accord was concluded in Lusaka, Zambia, in July and August 1999, and the United Nations later agreed to send peace monitors and protecting troops, in a force known as MONUC, to assist in the peace process. Deployment was slow, but the assassination of President Laurent Kabila on January 16, 2001, was followed by progress in the peace process under a new regime headed by Joseph Kabila, Laurent’s...
Impoundment and Sale of Cattle Trespassing on Federal Public Lands
Several instances have occurred recently in several states where Bureau of Land Management (BLM) personnel have impounded and sold cattle belonging to a federal grazing permittee or other owner when the cattle were grazing on federal lands without authorization to do so -- which is to say, when the cattle were trespassing on the federal lands. The impoundment and sale of cattle from the public lands may become the subject of congressional interest and oversight. The Federal Land Policy Management Act of 1976 for the first time provided general authority for designated BLM personnel to...
Child Welfare Financing: Issues and Options
Although child welfare services are primarily a state responsibility, the federal government helps pay for these activities, providing states about $7 billion in FY2001 for child welfare services, foster care, and adoption assistance. Although there is widespread frustration with the way these funds are provided from the federal government to the states, there is currently no consensus on a method of reform. Most federal funds that are specifically targeted toward child welfare activities are authorized by Title IV-B or IV-E of the Social Security Act or the free-standing Child Abuse...
U.S. Trade in Financial Services: An Overview
Financial services -- banking, securities, and insurance -- are a key element of the U.S. economy. With international trade in services generally rising, financial services have become a critical element of new and proposed multilateral, regional, and bilateral trade agreements, as well as a source of some disputes with major trading partners. Congress not only oversees this critical industry, but it also has very substantial responsibilities with regard to U.S. trade, trade policy, and trade agreements, of which financial services are today an important part. U.S. policy has been to...
This report examines the methods and formulas used to reapportion seats in the House of Representatives following a Census. Although modern Congresses have rarely considered the issue of the formula used in the calculations, this report describes apportionment options from which Congress could choose and the criteria that each method satisfies.
In Alexander v. Sandoval , a narrow 5 to 4 majority of the U.S. Supreme Court ruled that private individuals may not sue state agencies under Title VI of the 1964 Civil Rights Act over claims of unintentional or so-called "disparate impact" discrimination. At issue in Sandoval was the State of Alabama's "English-only policy," requiring all aspects of its driver's license examination process, including the written portion, to be exclusively in English. In rejecting a Mexican immigrant's claim that the state policy violated Title VI because of its "disparate impact" on ethnic...
Senate Committee Activity: Action on Measures Referred, 1973-2000
This report discusses the use of committees as crucial centers of policymaking, oversight of federal agencies, and public education is an organizing principle of the contemporary Congress.
The Shib'a Farms Dispute and Its Implications
Israel’s withdrawal from southern Lebanon in May 2000 left several small but sensitive territorial issues unresolved, notably, a roughly 10 square mile enclave at the southern edge of the Lebanese-Syrian border known as the Shib’a Farms. Israel did not evacuate this enclave, arguing that it is not Lebanese territory but rather is a part of the Syrian Golan Heights, which Israel occupied in 1967. Lebanon, supported by Syria, asserts that this territory is part of Lebanon and should have been evacuated by Israel when the latter abandoned its self-declared security zone in May 2000. On June...
Regional Trade Agreements: An Analysis of Trade-Related Impacts
The 107th Congress is currently debating regional trade agreements (RTAs) from two important perspectives directly and in connection with granting the Administration trade negotiating authority. The Congress is directly addressing RTAs via the U.S.-Jordan Free Trade agreement, which has been approved in the House and is under consideration in the Senate. Also, the Bush Administration is negotiating agreements with Chile and Singapore that may be sent to Congress for consideration. In addition, Congress is weighing whether to grant the Administration trade promotion authority (TPA), also...
This report deals with changes in the national energy picture since the early 1990s, when Congress last dealt at length with energy policy. It reviews the problem areas and discusses differing views on how to deal with the energy situation in the long run. A summary of some current legislative initiatives is also given.
Energy Efficiency and the Rebound Effect: Does Increasing Efficiency Decrease Demand?
Intuitively it seems obvious to most observers that increasing energy efficiency will ultimately reduce demand for an energy resource such as electricity. Paradoxically, economic theory suggests that this decrease in demand and subsequent decrease in cost of using the resource could cause a rebound in demand. A commonly cited example is an increase in the efficiency of home air conditioning which may reduce the resident's monetary incentive to conserve. The resident may opt to change the thermostat setting to keep the amount he pays constant, but living at a more comfortable temperature....
HIV/AIDS Drugs, Patents and the TRIPS Agreement: Issues and Options
AIDS ("Acquired Immune Deficiency Syndrome") is a serious medical condition that predisposes patients towards opportunistic infections, tumors, dementia and death. Human Immunodeficiency Virus ("HIV") is the viral agent associated with AIDS. HIV/AIDS remains a leading cause of death in the United States. Exposure rates in some other parts of the world, such as sub-Saharan Africa, substantially exceed those in the United States. The global HIV/AIDS pandemic has had a severe impact upon many states within the developing world, and future social and economic consequences could be...
Media Marketing Accountability Act: First Amendment Analysis
The Media Marketing Accountability Act of 2001, S. 792 and H.R. 2246 , 107th Congress, would "prohibit the targeted marketing to minors of adult-rated media." This report considers whether it would violate the First Amendment's guarantee of freedom of speech. (1)
- We analyze only Title I of the bill, as Title II would merely direct the FTC to conduct a study and to submit reports to Congress and to the public.
Most-Favored-Nation Status of the People's Republic of China
Particularly since and to some extent despite the Tiananmen Square incident of June 4, 1989, the U.S. Congress has considered two diametrically opposed types of action regarding China's nondiscriminatory, or most-favored-nation (MFN; normal-trade-relations) tariff status in trade with the United States. One has been its total withdrawal, the other of more recent origin its extension on a permanent basis. After having been suspended in 1951, China's MFN tariff status with the United States was restored in 1980 conditionally under Title IV of the Trade Act of 1974, including compliance with...
Orphan Drug Act: Background and Proposed Legislation in the 107th Congress
The Orphan Drug Act ( P.L. 97-414 ) was signed into law on January 4, 1983. The Act provides incentives for pharmaceutical manufacturers to develop drugs, biotechnology products, and medical devices for the treatment of rare diseases and conditions. These products are commonly referred to as orphan products. Incentives for orphan product development include marketing exclusivity for orphan drug sponsors, tax incentives, and research grants. Since the Act was passed in 1983, the Food and Drug Administration (FDA) has approved 183 new orphan products. Critics of the Act argue that, because...
In the past decade, public and congressional concerns over biological weapons (BW), and bioterrorism in particular, have sharply increased. Though the use of living organisms (e.g. bacteria, viruses, fungi) to harm or kill humans, livestock, or plants has never occurred on a large scale, many government officials are viewing a BW attack as a "when, not if" scenario. Some experts, however, question this assertion, noting that BW production and employment is significantly more difficult than often portrayed, and that there are significant political down sides for any nation or group...
Formulation of Monetary Policy by the Federal Reserve: Rules vs. Discretion
Would the economy be better off if the responsibility for setting the federal funds rate were taken from Federal Reserve (Fed) Chairman Alan Greenspan and his colleagues on the Federal Open Market Committee (FOMC) and replaced by a simple rule? A surprising number of economists would answer yes. John Taylor, now an Undersecretary of the Treasury, formulated what is now called the "Taylor rule" in which interest rate changes would automatically be based on gaps between inflation and growth and their desired or sustainable long-run rates. Some Members of Congress have expressed a...
Supreme Court Opinions: October 2000 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 2000 Term through the end of the Term on June 28, 2001. The purpose is to provide a quick reference guide for identification of cases of interest. These synopses are created throughout the Term and entered into the CRS Home Page on the Internet (http://www.crs.gov/reference/topics/law/00_term.shtml),which also provides links from the synopses to the full text of the Court's opinions. The report supersedes an earlier cumulation issued as a general distribution memorandum dated March 7, 2001....
Bulgaria: Country Background Report
In June 2001, the party of Simeon II, Bulgaria's former King from the pre-communist era, won just short of a majority of the vote in parliamentary elections. Simeon, who founded his party three months earlier, did not run for a seat in parliament, but nevertheless was nominated by his party on July 12 to become Prime Minister. Simeon II is the first ex-monarch to return to power in eastern Europe since World War II. The Simeon II National Movement party replaces a center-right government that achieved many significant economic reforms and consolidated Bulgaria's pro- Western orientation....
New York Times Co. v. Tasini: The U.S. Supreme Court Affirms “Authorial” Rights in Copyright
This report examines the U.S. Supreme Court’s opinion in New York Times Co. v. Tasini. This case considers whether, under the U.S. Copyright Act, 17 U.S.C. § 201(c), publishers are “privileged” to include the copyrighted articles of freelance authors in an electronic database.
A United Nations Transitional Authority in East Timor (UNTAET) was established in October 1999 following the entrance of U.N.-sponsored international peacekeepers into East Timor. These measures came in response to Indonesian-instigated violence against East Timorese who had voted overwhelmingly for independence from Indonesia in a referendum of August 30, 1999. UNTAET's mandate is broad. It is to help East Timor recover from the violence through humanitarian aid and reconstruction of facilities that were damaged or destroyed. It is to help East Timor establish a functioning government,...
The authorizations of appropriations for most programs of federal aid to elementary and secondary (grades K-12) education, under the Elementary and Secondary Education Act (ESEA), expired at the end of FY2000. While the 106th Congress extensively considered several bills which would have reauthorized and amended most of these programs, only legislation extending the Impact Aid (ESEA Title VIII) and Even Start Family Literacy (ESEA Title I, Part B) programs was enacted. Selected other programs, such as the Class Size Reduction program, have been initiated and continued solely through annual...
With the increasing utilization of the internet to facilitate commercial transactions, concerns have arisen regarding the use of this medium to transfer firearms. This report discusses the sale of firearms over the internet, with a focus on the extent to which federal law regulates such activity. A review of the relevant factors indicates that while firearms transferred in an illegal manner via the internet may pose special investigatory problems for law enforcement, internet firearm sales are subject to the same regulatory scheme as traditional firearm transactions.
Colombia: Plan Colombia Legislation and Assistance (FY2000-FY2001)
On February 7, 2000, the Clinton Administration, as part of its annual budget request, asked Congress for FY2000 supplemental appropriations of $954 million for assistance to Colombia and other Andean counternarcotics efforts. FY2000 allocated funding for Colombia, from appropriations made in 1999, already totals some $164.0 million. At the same time, the Administration requested $318 million for FY2001 assistance to Colombia and other regional efforts, in addition to the $150 million that it previously indicated it had planned to allocate to Colombia in FY2001. The Clinton...
National Integrated Ballistics Information Network (NIBIN) for Law Enforcement
This report provides a brief history of how the current National Integrated Ballistics Information Network (NIBIN) system evolved and operates. It includes information about issues that may be of concern to Members and committees of the 107th Congress, such as whether expanding NIBIN to include new gun purchases could be construed as a step toward a national gun registry system. The report also summarizes bills introduced in the 107th Congress related to NIBIN.
Energy Efficiency in Congressional Buildings
This report describes energy efficiency requirements applicable to congressional buildings and the energy saving activities being undertaken in the Capitol complex. The Architect of the Capitol (AOC) has the authority and responsibility to provide energy services and implement energy efficiency measures in congressional buildings. Congress has used legislative appropriations bills to establish energy efficiency measures under AOC. In the early 1990s, Congress funded an energy efficient lighting initiative for congressional buildings. In 1998, Congress set a goal for 2005 to improve energy...
Military Housing Privatization Initiative: Background and Issues
This report describes the Military Housing Privatization Initiative (MHPI), a pilot program authorized by Congress in 1996 to encourage privately-funded development of housing for use by members of the U.S. Military Services (including the Army, Navy, Marine Corps, and Air Force). The quality of housing available to members of the Military Services is considered one of the most important components (along with pay and quality of workplace) in defining the military's "quality of life," directly influencing the ability of the Military Services to retain personnel on active duty. As part of...
National Monuments and the Antiquities Act: President Clinton's Designations and Related Issues
President Clinton used the Antiquities Act of 1906 (16 U.S.C. ¿¿431-433) to create 19 new national monuments and enlarge 3 others. All but one of the designations were made during President Clinton's last year in office. The new monuments range in size from 2 acres to nearly 1.9 million acres. The 22 monuments created or enlarged by President Clinton total about 5.9 million acres, the second largest acreage of any President, and only President Franklin D. Roosevelt used his authority more often (on 28 occasions vs. 22 for President Clinton). The Antiquities Act authorizes the President...
This short report provides information and analysis on Moldova, including its history, political and economic situation, foreign policy, and U.S. policy toward Moldova. This report will be updated as events warrant.
The Alabama School Prayer Case: Chandler v. Siegelman
In Chandler v. James in 1997 a federal district court in Alabama held a statute authorizing "non-sectarian, non-proselytizing, student-initiated voluntary prayer" at all public school events to violate the establishment of religion clause of the First Amendment. To enforce that ruling, Judge DeMent issued an injunction barring the enforcement of the statute and enjoining school officials in DeKalb County, Alabama, from fostering and engaging in a variety of evangelical activities in the schools. That decision and injunction became the subject of intense political controversy in Alabama...
On May 23, 2001 the House passed amendment number 13 to H.R. 1 , the No Child Left Behind Act of 2001 and on June 14, 2001, the Senate passed amendment number 604 to S. 1 , the Better Education for Students and Teachers Act. Both of these amendments changed the provisions relating to the discipline of children with disabilities to make the disciplinary procedures applicable to children with disabilities more like those applicable to children without disabilities. The amendments would also eliminate the requirement for educational services to children with disabilities in certain situations.
Arms Control After START II: Next Steps on the U.S.-Russian Agenda
The United States and Russia signed the second Strategic Arms Reduction Treaty (START II) on January 3, 1993. This report presents the background on the Russian parliament approval of the START II ratification. The report also discusses the linkage between U.S. withdrawal from ABM treaty and Russia’s possible withdrawal from START II. It discusses the alternative approaches for the United States and the future for the U.S.-Russian arms control process.
Comparison of Proposed Charitable Choice Act of 2001 with Current Charitable Choice Law
This report provides a side-by-side comparison ( Table 1) of the charitable choice provisions of H.R. 7 with those of the 1996 welfare reform law ( P.L. 104-193 ) and of later laws that extended charitable choice rules to the Community Services Block Grant Act ( P.L. 105-285 ) and to substance abuse treatment and prevention services under the Public Health Service Act (P.L 106-310 and P.L. 106-554 ). (1) Common Provisions . The Charitable Choice Act (Title II of H.R. 7 ) and the four existing charitable choice laws provide that participating religious organizations shall retain...
Congress is considering bills to allow oil development in ANWR, an area in northeastern Alaska with a unique ecosystem rich in plant life and wildlife that is also one of the most prospective onshore areas in the United States for large oil discoveries. President Bush has proposed opening the area to oil and natural gas development. Among the numerous recommendations of the Administration report, Reliable, Affordable, and Environmentally Sound Energy for America's Future (May 2001), are proposals to open ANWR, foster energy efficiency and energy conservation, and review automobile...
Quadrennial Defense Review (QDR): Background, Process, and Issues
The congressionally mandated Quadrennial Defense Review (QDR) directs DoD to undertake a wide-ranging review of strategy, programs, and resources. Specifically, the QDR is expected to delineate a national defense strategy consistent with the most recent National Security Strategy by defining force structure, modernization plans, and a budget plan allowing the military to successfully execute the full range of missions within that strategy. The report will include an evaluation by the Secretary of Defense and Chairman of the Joint Chiefs of Staff of the military's ability to successfully...
The Organization of African Unity
Since the end of the Cold War, the Organization of African Unity (OAU) has increasingly focused its activities on practical measures to deal with the continent's challenges of intra- and inter-state conflict and good governance. The organization will probably be reconstituted in 2002 as the African Union, but its effectiveness will continue to be challenged by chronic budgetary weakness and concern by some member states that its activities could constitute intervention in their internal affairs. It is nonetheless moving slowly to develop a more meaningful role and in particular is building...
Putin's Economic Strategy and U.S. Interests
President Putin has set as a goal the conversion of Russia to a functioning market system in this decade. Without successful reform to develop a functioning market system with sustained growth, the Russian economy is likely to recede in performance toward the level of a developing country. Putin's strategy calls for rapid and comprehensive changes in the structure of the Russian economy, including radical changes in fiscal, financial, enterprise and administrative systems. Whether Putin is able and willing to implement the difficult decisions to bring about successful market reform...
Cyberwarfare raises issues of growing national interest and concern. Cyberwarfare can be used to describe various aspects of defending and attacking information and computer networks in cyberspace, as well as denying an adversary’s ability to do the same. Some major problems encountered with cyber attacks, in particular, are the difficulty in determining the origin and nature of the attack and in assessing the damage incurred.
Globalization: Implications for U.S. National Security
Globalization is a term usually used to describe intercontinental economic, social, and political integration. Many people, businesses, and countries benefit from globalization but others may be hurt economically, some cultures may be harmed, and the environment may suffer. U.S. national security faces both benefits and risks from globalization. Several contemporary developments that effect U.S. security are often linked to globalization even though they may not be not directly related to multinational integration. Developments such as decreased defense budgets, increased military use...
The Liability Exemptions in the Senate Brownfields Bill (S. 350)
This report deals solely with the liability provisions of S. 350, found in Title II of the bill. (The manager’s amendment does not concern these.) These provisions cover three types of innocent parties: (1) owners of properties contaminated from contiguous properties, (2) prospective purchasers, and (3) innocent landowners.
The Barcelona Process: The European Union's Partnership with the Southern Mediterranean
The European Union (EU) has identified the Mediterranean (MED) region as a key external relations priority. EU policy towards the region is governed by the comprehensive Euro-Mediterranean Partnership Initiative, launched at the 1995 Barcelona Conference between the EU and the 12 Mediterranean partners. The Barcelona Process entails a new, broader and more far-reaching agenda of cooperation with the non-EU Mediterranean countries, including the creation of a Euro-MED free trade area to be established by 2010. The Barcelona Agreement contains three chapters of cooperation: the political...
The Individual Alternative Minimum Tax: Interaction with Marriage Penalty Relief and Other Tax Cuts
Tax cuts have been addressed recently. Rate reductions and across the board tax cuts were part of the H.R. 1836 , the tax cut signed by the President on June 7. This bill includes the changes in standard deductions and rate brackets relating to the marriage penalty and also included in H.R. 6 , passed earlier by the House. The Alternative Minimum Tax (AMT) provides for an alternative tax calculation, on a broader base but with a large exemption and a two-tier rate that is below the top tax rates in the regular tax structure. It is paid when the tax liability figured using the AMT base...
This short report provides background and analysis on Croatia, including its history, current political and economic situation, foreign policy, and U.S. policy toward Croatia. This report will be updated as events warrant.
Marriage Penalty Legislation: A Comparison of Alternative Proposals
President Bush's tax proposal and H.R. 6 (passed by the House) have different approaches to the marriage penalty. The Administration proposal, in addition to rate changes, has a second-earner deduction for 10% of income (up to $30,000) earned by the lower earning spouse. H.R. 6 would increase the standard deduction and width of the 15% rate bracket for joint returns to twice the size of singles, eliminating the penalties for taxpayers in the 15% and 28% brackets but adding to any marriage bonuses. This report compares these alternative proposals. ( H.R. 1836 , signed by the President...
Kosovo: Reconstruction and Development Assistance
Efforts to reconstruct and develop Kosovo following the devastation and disruption caused by the war will require billions of dollars and support from multiple donors. In P.L. 106-429 , the FY2001 foreign aid bill, Congress limited Kosovo aid to 15% of donor assistance. The Bush Administration has requested $120 million for Kosovo activities under the SEED account in FY2002. Assessments conducted by the World Bank and the European Community in 1999 estimated external financing needs for Kosovo reconstruction at $2.3 billion over four to five years. UNMIK, the U.N. Interim Administration...
Military Base Closures: Estimates of Costs and Savings
Approximately 13 years ago, in December 1988, the first military base closure commission recommended the closing and realignment of 145 U.S. domestic bases and facilities. This action was the consequence of the Department of Defense's broad reevaluation of its mission in conjunction with the weakening and ultimate collapse of the Soviet Union. There was little need, according to the Pentagon, to continue to retain the vast Cold War-era infrastructure. Funds saved from closing down underutilized bases, DOD further noted, could be used to enhance development of new weapons and improved...
Bilingual Education: An Overview
The U.S. Department of Education(ED) administers the Bilingual Education Act (BEA), the federal education program specifically intended for limited English proficient (LEP) children. The Congress considered several proposals to reauthorize the BEA in the 106th Congress. The 107th Congress has again been considering legislation to reauthorize the Elementary and Secondary Education Act (ESEA), including the BEA. H.R. 1, the “No Child Left Behind Act of 2001” was passed by the House on May 23, 2001. S. 1, the “Better Education for Students and Teachers Act” was reported in the Senate...
Russia's Paris Club Debt and U.S. Interests
Russia faced both fiscal and external debt crises in August 1998. Russia's external debt became unmanageable as the servicing of the debt would have required 80% to 90% of the anticipated federal revenue. These crises threatened Russia's ability to govern and to continue a process of transition to a democratic market system. U.S. interests were directly involved because of the danger posed by a potentially unstable Russian economic, political and security system and the possible linkage by policy makers between economics, security, political interests and debt settlement. Relief came from...
Taiwan: Annual Arms Sales Process
This CRS Report discusses the low-profile annual arms talks process that successive Administrations used from the early 1980s to 2001 in determining arms sales to Taiwan, which are governed by the Taiwan Relations Act. The discussion is based on interviews in 1998 and 1999 with U.S. and Taiwan observers as well as U.S. and Taiwan news reports. This report on the process will not be updated. (On April 24, 2001, President George W. Bush announced that he would drop this annual arms talks process in favor of one with considerations on an "as-needed basis." See also CRS Report RL30957 , ...
This report discusses the Democratic Republic of the Congo, formerly Zaire, which is a vast-resource-rich country of 48 million people. Events there affect much of sub-Saharan Africa. In August 1998, Congo was plunged into its second civil war in 2 years. A peace accord was concluded in Lusaka, Zambia, in July and August 1999, and the U.N. Security Council later agreed to send a 5,500-member observer force, MONUC, to assist in the peace process. Fewer than 250 observers have gone to Congo, due to the failure of the parties to the Lusaka accord to fully implement its terms. The...
This report provides information on 120 full-time positions requiring Senate confirmation in 25 independent executive agencies, six units in the Executive Office of the President, six multilateral banking agencies, and four legislative branch agencies. It does not cover appointments to cabinet departments or independent regulatory and other collegial boards and commissions. During the 106th Congress, President Clinton submitted 37 nominations to full-time positions requiring Senate confirmation. The Senate confirmed 28 of the nominations and returned seven at the end of the Congress. The...
United Nations Commission on Human Rights (UNCHR): U.S. Membership
This short report provides an overview of the U.N. Commission on Human Rights (UNCHR and Administration and Congressional responses to recent developments.
The National Performance Review and Other Government Reform Initiatives: An Overview, 1993-2001
Shortly after his inauguration in 1993, President William Clinton announced he was initiating a National Performance Review (NPR) to be conducted over the next six months by a task force headed by Vice President Albert Gore, Jr. In September 1993, this task force delivered a report to the President, offering some 380 major recommendations concerning management reform, reorganization, and government downsizing. Implementation of these recommendations was to be accomplished through presidential directives, congressional action, and individual agency initiatives. A year later, in September...
U.S. Nuclear Weapons: Policy, Force Structure, and Arms Control Issues
During the Cold War, the United States maintained nuclear weapons to deter, and if necessary, defeat the Soviet Union. These weapons were designed to deter nuclear attack on the United States, and nuclear, chemical, and conventional attacks on U.S. allies in Europe and Asia. The United States deployed a wide variety of nuclear weapons delivery vehicles and was prepared to destroy large numbers of military, industrial, and leadership targets in the Soviet Union. The United States agreed to restrict the deployment of strategic ballistic missile defenses in the 1972 Anti-ballistic...
The 0.22 Percent Across-the-Board Cut in FY2001 Appropriations
Report describing changes that affected the government budget for the 2001 fiscal year under the Consolidated Appropriations Act.
NATO's Defense Capabilities Initiative
With the end of the Cold War, the North Atlantic Treaty Organization (NATO) began to reassess its collective defense strategy and to anticipate possible missions the alliance might undertake. The conflicts in the Balkans pointed up the need for more mobile forces, for technological equality between the United States and its allies, and for interoperability. At the 1999 NATO summit in Washington D.C., the alliance launched the Defense Capabilities Initiative (DCI), an effort intended to better enable NATO to deploy troops quickly to crisis regions, to supply and protect those forces, to...
Defense Budget for FY2002: An Overview of Bush Administration Plans and Key Issues for Congress
Details of Bush Administration plans for the defense budget have been on hold for several months as senior officials have undertaken a reassessment of defense policy known as the “National Defense Review.” The initial Bush budget outline, A Blueprint for New Beginnings, released on February 28, and the Administration’s official FY2002 budget request, released on April 9, include $325 billion in new budget authority for national defense in FY2002, but that total remains subject to change as the defense review proceeds. Moreover, official Administration defense budget projections beyond...
Credit Union Deposit Insurance: Purpose, Management, and Policy Issues
This report discusses various issues surrounding federal deposit insurance. A key concern is maintaining a balance between providing the benefits of deposit insurance and promoting sound management practices at banks, thrifts, and credit unions.
Congressional Access to Executive Branch Information: Legislative Tools
This report begins by reviewing the precedents established during the Washington Administration for withholding documents from Congress. Close examination reveals that the scope of presidential privilege is often exaggerated. Congress had access to more documentation than is commonly believed and might have had more had it pressed for it. Subsequent sections focus on various forms of congressional leverage: the power of the purse, the power to impeach, issuing congressional subpoenas, holding executive officials in contempt, House resolutions of inquiry, GAO investigations, and blocking...
Legislation to Expedite the Construction of the World War II Memorial in the District of Columbia
Legislation has been introduced in the 107th Congress which would have the effect of expediting the construction of the previously authorized World War II memorial in the District of Columbia. This report examines the proposed legislation.
Summit of the Americas III was held in Quebec City, Canada, on April 20-22, 2001, and was attended by 34 democratically elected Presidents and Prime Ministers from the Western Hemisphere, including President George W. Bush. It was President Bush's first international summit, and his first major opportunity to reemphasize the priority his administration places on the Western Hemisphere, given that he visited Mexico in mid-February, spoke at the Organization of American States (OAS) in mid-April, and met with seven hemispheric leaders before he attended the Summit in Canada. The Quebec...
Conservation Reserve Program: Status and Current Issues
The Conservation Reserve Program (CRP), enacted in 1985, enables producers to retire highly erodible or environmentally sensitive cropland, usually for 10 years. Congress reauthorized and amended the CRP in the 1996 Federal Agriculture Improvement and Reform Act (P.L. 104-127; 16 U.S.C. 3811, et seq.). The law caps enrollment at 36.4 million acres and makes funding mandatory through the commodity Credit Corporation.
Consideration of the Budget Resolution
Consideration of a concurrent budget resolution is governed by special procedures in the House and Senate. Although the procedures of each chamber differ, they serve generally to expedite consideration of the budget resolution.
The Issue of Globalization An Overview
In the 1990s, globalization gained widespread usage as a term with many interpretations. Globalism is employed in this report to describe networks of interdependence functioning at multi-continental distances. Globalization is an increase in globalism and de-globalization a reduction. In providing an introductory view of these networks, with an emphasis on contemporary economic factors, a goal of this report is to illustrate how policy consequences, sometimes unintended, may be dispersed via globalized networks. As networks expand and become more intricate there is an opportunity...
Diesel Fuel and Engines: An Analysis of EPA's New Regulations
This report reviews the final regulations on diesel fuel and diesel engine emissions signed by Environmental Protection Agency Administrator Carol Browner December 21, 2000 and promulgated January 18, 2001. The engine regulations would be phased in beginning with Model Year 2007, with full compliance required by Model Year 2010. As compared to current engines, engines meeting the proposed standards would emit 90% less particulate matter (a respiratory irritant and likely human carcinogen) and 95% less nitrogen oxides, a group of gases that contribute to the formation of ozone. Because...
World Heritage Convention and U.S. National Parks
On March 6, 2001, Congressman Don Young introduced H.R. 883, the American Land Sovereignty Act. H.R. 883 requires congressional approval to add any lands
owned by the United States to the World Heritage List, a UNESCO-administered list established by the 1972 World Heritage Convention. In related legislation, P.L. 106-429, in which H.R. 5526, the Foreign Operations, Export Financing, and Related Programs appropriations act for 2001 was referenced, contained language prohibiting funding from this bill for the United Nations World Heritage Fund. The World Heritage Fund provides technical...
World Heritage Convention and U.S. National Parks
On March 6, 2001, Congressman Don Young introduced H.R. 883 , the American Land Sovereignty Act. H.R. 883 requires congressional approval to add any lands owned by the United States to the World Heritage List, a UNESCO-administered list established by the 1972 World Heritage Convention. Two years ago, on May 20, 1999, the House passed (by voice vote) an identical bill also numbered H.R. 883 , but the legislation did not pass in the Senate. Sponsors of that bill expressed concern that adding a U.S. site to the U.N. list, which is currently done under executive authority, might not...
U.S. agriculture is not an especially energy-intensive industry, but energy does account for about 6% of farm production costs. Additionally, farming is a highly mechanized industry and requires timely energy supplies at particular stages of the production cycle in order to achieve optimum yields. A substantial part of energy use by agriculture is indirect —embodied in the chemicals applied and machinery used on farms.
Appropriations for FY2001: Legislative Branch
Congress appropriated $2.649 billion for legislative branch operations in FY2001, a 6.6% increase over the FY2000 appropriation of $2.486 billion. The FY2001 funding level includes the appropriation in the regular annual legislative branch appropriations bill; a supplemental appropriation of $118 million in a miscellaneous appropriations bill; and a rescission of 0.22%. Regular FY2001 Appropriations . The first regular FY2001 legislative branch appropriations bill ( H.R. 4516 ) approved by Congress was vetoed by President Clinton in late October 2000. Seven weeks later, on December 14, a...
Automated Teller Machine (ATM) Fees: Legislation and Issues
This report discusses the fees associated with automated teller machines (ATMs) that was increased as a result of a 1996 Visa U.S.A. and MasterCard International decision.
African Development Bank and Fund
The African Development Bank Group, including the Bank itself (AfDB) and its "soft-loan" affiliate, the African Development Fund (AfDF), is a development finance institution based in Abidjan, Côte d'Ivoire. The Bank has 53 African members, as well as 24 non-regional members, including the United States. In the mid-1990s, the Bank faced management problems and difficulties arising from non-performing loans, but reforms launched in 1995 by a new Bank president, Omar Kabbaj, brought new pledges of support from the non-regionals. U.S. contributions to the Fund resumed in FY1998 and to the Bank...
The Low-Income Home Energy Assistance Program: How are State Allotments Determined?
This report discusses the Low-Income Home Energy Assistance Program (LIHEAP), which is a block grant program under which the federal government provides states annual grants to operate multi-component home energy assistance programs for needy households.
Foot and Mouth Disease: A Threat to U.S. Agriculture
An outbreak of foot-and-mouth disease (FMD) among livestock in the United Kingdom and parts of Europe that began in February 2001 has raised concerns about the United States’ ability to prevent the disease from spreading to this country and readiness to eradicate it should an outbreak occur. This report describes the characteristics of the FMD virus and disease, the current measures the U.S. Department of Agriculture (USDA) is taking to prevent its importation, and the authorities USDA has to act to eradicate an outbreak. The FMD threat also raises issues concerning the adequacy of funding...
Air Quality and Emissions Trading: A Primer
This report briefly discusses the extent to which emissions trading has been used in the United States, explains how trading programs work, analyzes factors that can influence the effectiveness of trading, and examines some of the principal arguments related to the use of trading to control air pollution.
U.S. Army School of the Americas: Background and Congressional Concerns
The School of the Americas was a U.S. Army training facility founded in 1946 largely for Spanish-speaking cadets and officers from Latin American nations. The School was located at Fort Benning, Georgia. Controversies developed in recent years concerning human rights abuses committed by School graduates, and there were several legislative attempts since 1993 to cut funding for the School. The School was charged by P.L. 100-180 (10 USC 4415) with the mission of developing and conducting instruction for the armed forces of Latin America. The law stipulated that the School would promote...
Microenterprise and U.S. Foreign Assistance
Microenterprises - businesses operated by the poorest of entrepreneurs - have been targets of U.S. Foreign assistance for many years. Microentrepreneurs face a number of obstacles to improving their productivity and standard of living, including a lack of accounting and managerial skills and an inability to obtain financial services - savings and credit. While more research is needed, existing studies have found positive impacts on business and household income, education, and employment, especially among women, when assistance is provided to give better access to savings and credit. In...
Foreign Policy Budget for FY2002
The Bush Administration seeks a $23.85 billion foreign policy budget for FY2002, representing a nominal increase of 5.3% over FY2001 (2.3% in real terms when the effects of inflation are taken into account). Most of the additional resources are concentrated in a few areas, especially for State Department operations and a new regional Andean counternarcotics initiative. The budget further proposes to cut funding for the Export-Import Bank by 25%. This report analyzes the FY2002 international affairs funding submission, compares it with recently enacted foreign policy budgets, identifies...
Romania After the 2000 Elections: Background and Issues for Congress
In parliamentary and presidential elections on November 26, 2000, the Romanian electorate restored to power the reformed communist party that it had voted out of office four years earlier; in addition, Ion Iliescu, president from 1990-1996, received a plurality of the presidential votes. During a run-off election on December 10, Iliescu defeated Vadim Tudor, an extremist nationalist candidate. Romania is one of Europe's poorest countries; successive governments have been slow to make necessary reforms to jumpstart the economy and attract needed foreign investment. There have...
Agriculture: Previewing the 2002 Farm Bill
Federal farm support, food assistance, agricultural trade, marketing, and rural development policies are governed by a variety of separate laws. However, many of these laws periodically are evaluated, revised, and renewed through an omnibus, multi-year farm bill. The Federal Agriculture Improvement and Reform (FAIR) Act of 1996 ( P.L. 104-127 ) was the most recent omnibus farm bill, and many of its provisions expire in 2002, so reauthorization will be an issue for the 107th Congress. The heart of every omnibus farm bill is farm income and commodity price support policy -- namely the...
Military Spending by Foreign Nations: Data from Selected Public Sources
This report provides data on defense spending of foreign nations from two sources: the U.S. State Department's World Military Expenditures and Arms Transfers (WMEAT) and the London-based International Institute for Strategic Studies (IISS), The Military Balance . Although the Department of State and IISS endeavor to provide consistent and accurate information, cross-national comparison of military spending are inherently imperfect. Available sets of data are useful but inevitably suffer from shortcomings of one type or another.
The Clean Coal Technology Program: Current Prospects
The Clean Coal Technology (CCT) program, started in the 1980's and funded generously in the early 1990's, has completed most of its surviving projects and has not funded any new ones since 1994. However, President Bush’s FY2002 budget outline proposed spending $2 billion over 10 years on a restructured CCT program. It is not clear what kind of projects would be included in the new program.
House Rules Manual: Summary of Contents
This report briefly discusses The House Rules and Manual, officially titled Constitution, Jefferson’s Manual and Rules of the House of Representatives, which contains the fundamental source material describing procedures in the House of Representatives.
Appropriations for FY2001: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share over two-thirds of total U.S. international affairs spending. President Clinton asked Congress initially to appropriate $15.1 billion for FY2001 Foreign Operations, plus $1.25 billion in FY2000 supplemental funds. Congress approved some of the supplemental spending in P.L. 106-246 , but in October 2000 reconsidered and approved as FY2001 emergency...
International Family Planning: The "Mexico City" Policy
At an August 1984 International Conference on Population held in Mexico City, Reagan Administration officials announced a new U.S. family planning policy requiring all nongovernmental organizations (NGOs) receiving population aid from the United States to agree that they would not perform or actively promote abortion as a method of family planning in other countries. The policy continued through early 1993 when President Clinton removed it.
On January 22, 2001, President George W. Bush issued a Memorandum directing the USAID Administrator “to reinstate in full all of the requirements of...
Pharmaceutical Research and Development: A Description and Analysis of the Process
A central element of the debate about inclusion of prescription drug benefits in Medicare is the price of prescription drugs. A key issue in the debate concerns the relationship between those prices and the pharmaceutical research and development (R&D) costs. While this report will not analyze that relationship directly, it does present a description and assessment of the pharmaceutical R&D (drug development) process and the factors that affect costs. Such an analysis should be useful in addressing questions about the cost of pharmaceutical R&D and the dependence of...
The Economics of the Federal Budget Surplus
Fiscal 1998 marked the first year that total receipts exceeded outlays in the federal budget since 1969. Since then, the budget has been in surplus and official projections expect the budget to remain in surplus for the foreseeable future. Congressional Budget Office (CBO) baseline projections indicate that the budget surpluses are expected to grow steadily over the next 10 years.
Committee Funding Resolutions and Processes, 107th Congress
Senate action on its committee funding for the 107th Congress was modified as a result of the power-sharing agreement established by S. Res. 8 of January 5, 2001.1 This agreement assures Republicans and Democrats of equal staffing resources on all committees, and supplants Senate rules that require minority party control of at least one-third of each committee’s staff positions. Despite some delays in its normal timetable, the Senate, on March 8, 2001, agreed to a biennial funding resolution by unanimous consent.
The Child Tax Credit and the President's Tax Cut Plan
The child tax credit was enacted as part of the Taxpayer Relief Act of 1997. The current credit is $500 per qualifying child. President Bush has proposed increasing the child tax credit to $1,000 per qualifying child. The President has also proposed making permanent the temporary rule in current law that allows the child tax credit to offset a taxpayer’s alternative minimum tax.
Mexico's Counter-Narcotics Efforts under Zedillo and Fox, December 1994-March 2001
This report provides information on Mexico's counter-narcotics efforts during the six year presidency of Ernesto Zedillo (December 1, 1994 to December 1, 2000) and a short period of the presidency of Vicente Fox (December 1, 2000, to March 1, 2001), with special emphasis on calendar year 2000, covered by the State Department's report on international narcotics control. Share of Traffic. Mexico continued to be the transit point for about 50-65% of the cocaine entering the United States from South America in 2000, with the uncertain and varying estimates being similar to estimates in...
On February 27, 2001, the Supreme Court handed down its decision in Whitman v. American Trucking Associations , a challenge to EPA's promulgation in 1997 of revised national ambient air quality standards for ozone and particulates under the Clean Air Act. On the broader issues, the Court ruled that (1) the Act's provisions governing the setting of primary (health-protective) ambient standards did not transgress the "nondelegation doctrine," a moribund constitutional principle that the court below had resurrected, and (2) the Act bars EPA from considering implementation costs when it sets...
Over the past 21 years, economic reforms have transformed China from a relatively inefficient, centrally planned, economy to one that is significantly more market-oriented. The gains in efficiency resulting from free market policies have helped make China one of the world's fastest growing economies in recent years. A key policy in China's economic success has been the decentralization of economic production, which has helped produce a thriving private sector in China. Prior to 1979, Chinese government policies eliminated most private enterprises. However, over time, the central...
Bosnia and Herzegovina: Background on U.S. Policy Concerns
In 1995, after over three years of conflict, the United States brokered the Dayton Peace Accords, ending the war in Bosnia. The accords retained Bosnia as a single country, divided into two largely-autonomous "entities." A NATO-led peacekeeping force and other international organizations are trying to help implement the accord and bring stability to the country. During the Clinton Administration, the premise of U.S. policy in Bosnia and the region was that the stability of the Balkans is important to stability in Europe as a whole, which the Administration viewed as a vital U.S....
The House's Corrections Calendar
This report discusses the establishment of the “Corrections Day”, a concept credited to Michigan Governor John Englerwhich, which is a procedure for repealing “the dumbest things the federal government is currently doing and just abolish them.”
This report focuses on presidential nominations and Senate confirmations to the 330 full-time positions in the 14 executive departments to which the President makes appointments, with the advice and consent of the Senate. During the 106th Congress, President Clinton submitted 136 nominations and made 18 recess appointments to full-time positions requiring Senate confirmation. The Senate confirmed 108 nominations and returned 24; the President withdrew four nominations. On average, the Senate took 105 days (three and a half months) to confirm a nomination. Sixty-eight nominations (63%)...
The Discharge Rule in the House: Principal Features and Uses
The “discharge rule” of the House of Representatives allows a measure to come to the floor for consideration, even if the committee of referral does not report it and the leadership does not schedule it. To initiate this action, a majority of House Members must first sign a petition for that purpose. The rule permits either (1) the committee of referral to be discharged from the measure itself; or (2) the Committee on Rules to be discharged from a special rule for considering the measure. Layover periods required by the rule permit the Committee on Rules to preempt a discharge attempt, and...
On March 19, 2001, the Senate began consideration of the McCain-Feingold campaign finance reform bill. The bill–S. 27 (Bipartisan Campaign Reform Act of 2001)–was introduced on January 22, 2001 by Senators McCain, Feingold, Cochran et al. It features a ban on the raising of soft money by national parties, a ban on the spending of soft money by state and local parties on federal election-related activities (as defined), and a disclosure requirement for electioneering messages not regulated by federal election law, along with a ban on their funding from union or for-profit corporation...
The Supreme Court in Buckley v. Valeo ruled that spending limits, including the amount a candidate can spend on his or her own campaign from personal funds (also known as personal fund expenditure limits) are unconstitutional. The Court did, however, uphold a system of spending limits, on the condition that they are voluntarily accepted in exchange for some form of public financing. As a result of these Court rulings, the concept of various incentives toward voluntary compliance with a personal funds expenditure limit has been developed. This report discusses some constitutional issues...
IRS: Status of Restructuring and Reform at the Opening of the 107th Congress
Passage in July 1998 of the IRS Restructuring and Reform Act ( H.R. 2676 , P.L. 105-206 ) required a number of significant changes in the way the service operates as well as a fundamental change in its culture. After two years of intensive work, IRS is well along in the process of converting itself to a user-friendly institution, which is one of the most difficult tasks the Restructuring Act (RRA) requires of it. The RRA was based fundamentally on the report of the National Commission on Restructuring the Internal Revenue Service. This commission was created by Congress in its FY1996...
This report lists full-time positions, requiring Senate confirmation, in regulatory and other collegial bodies. Incumbents in each position are identified, as are fixed-term positions, and the dates their terms of office expire. The report also provides information on the nominations made by President Clinton to positions that were vacant or had incumbents whose terms had expired, and Senate actions on the nominations. In addition, a brief profile of each board and commission indicates if political balance is required among the members, and, if so, the political affiliation of the...
Voting Technologies in the United States: Overview and Issues for Congress
The 2000 presidential election raised questions about whether changes are needed in the voting technologies used in the United States, and what should be the federal role. Elections are administered by states and localities through approximately 10,000 jurisdictions at the county level or below. The main federal agency involved is the Office of Election Administration, which is part of the Federal Election Commission and assists state and local election officials. In 1990, the FEC released voluntary standards for computer-based voting systems. The standards were developed in response to...
Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements
Current federal election law contains reporting and disclosure requirements related to campaign financing. (1) The Supreme Court has generally upheld such provisions, although imposing disclosure requirements on spending for communications that do not meet the strict standard of "express advocacy" may be held unconstitutional. Campaign finance reform legislation often contains provisions that would impose additional reporting and disclosure requirements under the Federal Election Campaign Act (FECA). For example, S. 27 (McCain/Feingold), would require disclosure of disbursements...
Federal Sentencing: A Sketch of Apprendi v. New Jersey and Its Impact
In Apprendi v. New Jersey , 120 S. Ct. 2348 (2000), the Supreme Court called into question the sentencing role of federal judges. At the very least, the decision has required alterations in the manner in which federal drug statutes and similar provisions are prosecuted, and it may herald the demise of the federal sentencing guidelines. Apprendi holds that "under the due process clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in...
On July 1, 2000, President Clinton signed H.R. 4762, P.L. 106-230. The law amended the Internal Revenue Code [IRC] to require political organizations described in IRC § 527 to disclose their political activities, if they were not already required to do so by the Federal Election Campaign Act [FECA]. This report summarizes the three major changes made by the law and some of the major responses to the legislation. First, all 527 organizations which expect to have over $25,000 in gross receipts during a taxable year and which are not required to report to the Federal Election...
Discretionary spending limits are statutory caps on the level of budget authority and outlays determined through the annual appropriations process. They were initially established by the Budget Enforcement Act (BEA) of 1990 (Title XIII of P.L. 101-508) as part of an agreement between Congress and President George Bush to reduce the deficit. Twice since, they were extended to enforce agreements between Congress and President Bill Clinton, most recently to achieve a surplus.
Military Technicians: Proposals to Improve Their Retirement Options
Military technicians are federal civilian employees who provide support primarily to wartime deployable units of the Selected Reserve. Unlike regular civilian employees, however, military technicians are generally required to maintain membership in the Selected Reserve as a condition of their employment. As members of the federal civil service, technicians can earn an entitlement to an annuity under either the Civil Service Retirement System (CSRS) or under the Federal Employee Retirement System (FERS) in the same manner as most other civil servants. The civil service retirement options...
Campaign Finance in the 2000 Federal Elections: Overview and Estimates of the Flow of Money
Federal election law regulates money in federal elections through a ban on union and corporate treasury money, limits on contributions, and uniform, periodic disclosure of receipts and expenditures. Money raised and spent under these laws to directly influence federal elections is commonly known as hard money. Money that is largely outside the restrictions and prohibitions of the federal regulatory framework–but raised and spent in a manner suggesting possible intent to affect federal elections–is commonly known as soft money.
In Apprendi v. New Jersey , 120 S. Ct. 2348, 2355 (2000), the Supreme Court held "under the due process clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than a prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt," 120 S. Ct. at 2355. In earlier cases, the Court had held that proof beyond a reasonable doubt is a due process prerequisite for conviction; that the burden of proving any element of a crime may not be shifted...
House Committee Hearings: Arranging Witnesses
This report briefly discusses the process of selecting and arranging witnesses for House committee hearings.
Electricity Generation and Air Quality: Multi-Pollutant Strategies
Fossil fuel fired electric generating facilities are major sources of air pollutants, including particulate matter (PM), sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury (Hg), and of the greenhouse gas carbon dioxide (CO2). A patchwork of regulations to limit PM, SO2, and NOx emissions exists, with further requirements on the horizon. The piecemeal nature of the regulations and the uncertainty of future requirements impose not only direct costs on utilities, but also make planning difficult in an environment already characterized by industry restructuring, volatile energy prices,...
Turkey: Financial Crises in Context
In December 1999, with International Monetary Fund support, Turkey launched a major economic reform program intended to cure chronic inflation. Its main elements were a crawling exchange rate peg, structural reforms, and privatization. Some progress was made in 2000, but implementation was uneven. A severe liquidity crisis in late November 2000 required a new IMF loan. On February 22, 2001, after a second crisis, Turkey abandoned the currency peg and, with it, the program. Analysts concur that stabilization, privatization, and banking reform are still needed, but Turkey's statist ideology...
Agriculture and China's Accession to the World Trade Organization
The prospect of future growth in demand for agricultural products makes China’s accession to the World Trade Organization (WTO) an important issue for the U.S. agricultural sector. Most agricultural interest groups strongly support China’s entry into the WTO, because they think it will increase U.S. agricultural exports and enhance farm income. In the 107th Congress, attention is focused on China’s final WTO accession negotiations where differences over agriculture have become an issue.
Census 2000: Legal Issues re: Data for Reapportionment and Redistricting
The release of the 2000 Census data for the apportionment of the House of Representatives among the states and the release of the state redistricting data to the states as required by P.L. 94-171 has renewed the decennial debate over several issues. First, the debate over the use of sampling to adjust the decennial population census data was not completely resolved by the U.S. Supreme Court decision that a federal statute prohibits the use of sampling to adjust the decennial census for the purposes of apportionment of the House of Representatives among the states. The Court did not hold...
The President's Reorganization Authority: Review and Analysis
Among the initiatives being promoted with the beginning of the Administration of President George W. Bush is that of renewing the President's lapsed authority to submit reorganization plans to Congress. The general rationale offered for renewing this authority is that it would provide additional flexibility and discretion to the President in organizing the executive branch to promote "economy and efficiency" as well as his political priorities. The regular legislative route for considering presidential proposals involving organizational changes is deemed by reorganization authority...
House Committee Hearings: Preparation
Committee hearings afford Representatives an opportunity to gather information on,
and draw attention to, legislation and issues within a committee's purview; conduct
oversight of programs or agencies; and investigate allegations of wrongdoing. This report identifies many of the tasks that need to be performed by full committees and, in most cases, subcommittees in advance of a hearing. Some of these tasks are required by House or committee rules; others are common committee practice.
Predatory Lending: Background on the Issue and Overview of Legislation in the 106th Congress
This report presents an overview of the predatory lending issue, a summary of present law, a summary of joint HUD and Treasury recommendations to address the issue, and a side-by-side summary of five bills introduced in the 106th Congress that addressed the issue. Though no action occurred on these bills, the issue is expected to continue in the 107th Congress.
The annual budget resolution sets forth Congress's budget plan for a period of at least five fiscal years. It includes total levels of spending, revenues, and the debt limit for each of the fiscal years covered.
Functional Categories of the Federal Budget
This report presents a list of the 20 functional categories currently included in the federal budget, as well as the sub-functions.
Congressional Budget Act Points of Order
Title III of the Congressional Budget Act (CBA) of 1974 (P.L. 93-344), as amended, establishes the points of order that are used to enforce congressional budget procedures and substantive provisions of a budget resolution. These points of order prohibit certain congressional actions and consideration of certain legislation.
Basic Federal Budgeting Terminology
In its most elemental form, the federal budget is a comprehensive accounting of the government’s spending, revenues, and borrowing. This fact sheet provides a brief overview of the basic terminology and concepts used in the federal budget process.
Multidistrict Jurisdiction Act of 1999
The Multidistrict Jurisdiction Act of 1999, H.R. 2112 , 106th Congress, as passed by the Senate, with an amendment in the nature of a substitute, would overturn a Supreme Court ruling by amending 28 U.S.C. ¿ 1407. The present plain meaning of the statute requires a federal district court that has been deciding pretrial matters in cases consolidated from various district courts to transfer the cases back to the those courts for trial. This legislation would allow the court, which is familiar with the facts and law of the consolidated litigation, to retain the case for trial. The 106th...
Gulf Cooperation Council Defense Agreement
a summit meeting of the Gulf Cooperation Council (GCC), held in Bahrain at the end of 2000, saw the attending heads of state and government take a number of modest measures in the areas of economic and security cooperation which are the organization's objectives. The most important of those measures, in terms of U.S. interest, was the signing of a mutual defense treaty which would, if ratified, formally commit the members of the organization to consider an external aggression against one member as an attack on all. The United States currently provides the security umbrella for those...
University of Alabama v. Garrett: Federalism Limits on the Americans with Disabilities Act
On Feb. 21, 2001, the Supreme Court in a 5-4 decision, held that the Eleventh Amendment bars suits to recover monetary damages by state employees under title I of the Americans with Disabilities Act (ADA). Although the ruling is narrowly focused concerning the ADA, it has broad implications regarding federal-state power and emphasizes the difficulty of drafting federal legislation under section 5 of the Fourteenth Amendment that will withstand Eleventh Amendment scrutiny. This report will briefly discuss Garrett and its implications for the ADA, federalism and congressional power. For...
Foreign Affairs, Defense, and Trade Policy: Key Issues in the 107th Congress
Among the 107th Congress' first orders of business will be dealing with the initiatives--both domestic and foreign policy--proposed by President Bush throughout his presidential campaign. The 2000 congressional campaigns suggested that the agenda of the 107th Congress will be largely domestic: Social Security, health care, education, taxes, and military pay were prominent in campaigns across America and on post-election news programs. Indeed, many issues discussed in this report will be affected by the resolution of a contentious battle for the presidency. In the Congress, the 50-50...
Food and Drug Administration: Selected Funding and Policy Issues
This report discusses funding and policy issues regarding the Food and Drug Administration (FDA), which is responsible for ensuring the safety of foods, drugs, medical devices, cosmetics, and other products.
Veterans' Pensions: Fact Sheet
This report discusses veterans' pensions, which are monthly cash payments made to qualified veterans or survivors so that their total income from all countable sources reach specified annual levels and are administered by the Department of Veteran Affairs (VA).
Appropriations for FY2001: An Overview
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a broad overview of all appropriations activity and a guide to the CRS Appropriation Product Series that provides analytical perspectives on the 13 annual FY2001 appropriations bills.
Abortion: Termination of Early Pregnancy with RU-486 (Mifepristone)
On September 28, 2000, the Food and Drug Administration (FDA) approved the drug mifepristone, also known as RU-486, for the termination of early pregnancy. Because RU-486 is an abortion agent, the process of moving it out of the lab and into mainstream medicine has been fraught with controversy. Since its discovery, the pro-life movement has been adamantly against the use of this drug for abortion. This report discusses the procedure of obtaining and using the drug, as well as the ongoing debate regarding its usage and related legislation.
Small Business Legislation: Sources of Information
This report seeks to respond to inquiries from congressional staff who request information about major legislation affecting small business.
Individual Retirement Accounts: A Fact Sheet
This report discusses general information about individual retirement accounts (IRAs), established by the Employee Retirement Income Security Act of 1974 (P.L. 93-406) to promote retirement saving; the accounts were limited at first to workers (and spouses) who lacked employer pension coverage.
Class Actions and Proposed Reform in the 106th Congress: Class Action Fairness Act of 2000
S. 353 reflects a preference for class actions to be adjudicated in federal courts and would give U.S. district courts original jurisdiction over class actions with claims aggregating $2,000,000 or more. It is intended to protect class members and to make the procedure easier for them to understand but, conversely, it is also said to be anti-plaintiff and pro-business. The Senate Judiciary Committee reported out an amended version of the bill, but the 106th Congress adjourned without taking further action. This report summarizes the action the 106th Congress took on this legislation and...
House Voting Procedures: Forms and Requirements
This report discusses the procedural considerations suffuse voting and the methods of voting in both the House and in the Committee of the Whole.
Class Actions: H.R. 1875, 106th Congress, the "Interstate Class Action Jurisdiction Act of 1999"
H.R. 1875 , with some exceptions, reflects a preference for class actions to be adjudicated in federal courts rather than state courts. This report, gives a brief sketch of the proposal, the pros and cons that have been advanced concerning the bill as passed by the House of Representatives, (1) and summarizes the action the 106th Congress took on this legislation. It will not be updated. 1. 145 Cong. Rec. H8595 (daily ed. Sept. 23, 1999). The 106th Congress adjourned without taking further action. See also, CRS Report RS20667(pdf) for discussion of a similar Senate bill on...
On January 9, 2001, the Supreme Court handed down Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers . At issue in SWANCC was the scope of Clean Water Act section 404, which requires permits for the discharge of dredged or fill materials into "navigable waters," defined by the Act as "waters of the United States." Section 404 is the charter for the federal wetlands permitting program. SWANCC explicitly held that the Corps of Engineers' use of the "migratory bird rule," adopted by the agency to interpret the reach of its section 404 authority over...
This report discusses copyright cases in the courts, including Napster, MP3 digital music, and DVD motion picture.
As in the last two Congresses, campaign finance reform will be a major issue in the 107th Congress, with attention again centered on the Senate McCain-Feingold and House Shays-Meehan bills. S. 27 (Bipartisan Campaign Reform Act of 2001), introduced on January 22, 2001, will be considered by the Senate in March 2001; H.R. 380 (Bipartisan Campaign Finance Reform Act of 2001) was introduced January 31. Both bills ban the raising of soft money by national parties and the spending of it by state and local parties on federal election-related activities (as defined). But on the other key...
State Department and Related Agencies FY2001 Appropriations
On February 7, 2000, the President submitted his FY2001 budget request which included nearly $7 billion for the Department of State and the Broadcasting Board of Governors. This represented an increase of $661.5 million (or 10.5%) from the FY2000 enacted level which Congress had passed in an omnibus bill on November 19, 1999; the President had signed it into law ( P.L. 106-113 ) on November 29, 1999. Earlier, the Foreign Affairs Reform and Restructuring Act of 1999 ( P.L. 105-277 , section 1001) had required the foreign policy agencies to be reorganized before FY2000. Subsequently, the...
The Vice Presidency: Evolution of the Modern Office, 1933-2001
Something of an afterthought, the vice presidential office came to the attention of the delegates to the constitutional convention in the closing days of their deliberations in 1787. The Vice President's constitutional mandate vested him with two responsibilities: presiding over the deliberations of the Senate and standing by to succeed to the presidency in the event of the incumbent's death. For the next 140 years, those holding the vice presidential office served only these functions. Indeed, the Vice President soon came to be regarded as a legislative branch official. However, for...
Appropriations for FY2001: Department of Transportation and Related Agencies
President Clinton signed the FY2001 Department of Transportation (DOT) Appropriations Act ( P.L. 106-346 ; H.Rept. 106-940 ) on October 23, 2000. The agreement provides $57.978 billion for DOT. This is an increase of more than 14% over the enacted FY2000 level. The Act provides increases for all major DOT agencies except the Federal Railroad Administration (FRA). On December 21, 2000, President Clinton signed the FY2001 Consolidated Appropriations Act ( P.L. 106-554 ). The Act provided for a government-wide rescission of 0.22%. This cut $125 million from the DOT budget for FY2001. Both...
Colombia: Conditions and U.S. Policy Options
With the civil conflict in Colombia worsening, in many analysts’ perception, some policymakers are again questioning the wisdom and scope of U.S. policy and assistance toward that country. This is the context for debate over future U.S. policy toward Colombia, in particular whether the current levels of U.S. assistance are sufficient, and whether U.S. assistance to the Colombia military is desirable. This report first discusses U.S. interests in Colombia. It then provides information on Colombia’s current conflict, with sections on the guerrillas, the paramilitaries, and President...
South Korea: "Sunshine Policy" and Its Political Context
Into his third year of rule, President Kim Dae Jung continues to receive high ratings in polls, except for his handling of political matters. The political situation is volatile and uncertain, with his ruling Millennium Democratic Party (MDP) locked in a partisan standoff with the opposition Grand National Party (GNP) led by Lee Hoi Chang. President Kim also has a tenuous relationship with his former coalition partner, the United Liberal Democrats (ULD). This fluid situation has complicated domestic support for the President's "sunshine policy"of engagement with North Korea....
Airborne Electronic Warfare: Issues for the 107th Congress
Electronic warfare (EW) has been an important component of military air operations since the earliest days of radar. Radar, EW, and stealth techniques have evolved over time as engineers, scientists, and tacticians have struggled to create the most survivable and effective air force possible. Several recent events suggest that airborne EW merits congressional attention. Operation Allied Force, the 1999 NATO operation in Yugoslavia, appears to have marked an important watershed in the debate over current and future U.S. airborne EW. It appears that every air strike on Serbian targets was...
Retirement Saving Plans: Answers to Frequently Asked Questions
This report provides answers to 10 of the most frequently-asked questions related to rules and provisions that govern savings in individual retirement accounts (IRAs).
Ecuador: International Narcotics Control Issues
Colombian drug traffickers and narco-linked insurgents have taken advantage of easy access to Ecuador's border areas for a number of years, primarily for rest and recreation, and purchase of supplies. Concern has been voiced that U.S. supported military operations against narco- trafficking/guerilla groups in Colombia could accelerate guerilla encroachment into Ecuador. Increased presence of Colombian drug traffickers and narco-linked insurgents could limit the effectiveness of U.S. anti-drug support to Colombia and threaten the territorial integrity and stability of Ecuador. However,...
Short History of the 1996 Welfare Reform Law
The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA, P.L. 104-193 ) changed the face of federal-state family welfare programs and most other federally supported aid for the poor. Some 3 years' debate followed President Clinton's call "to end welfare as we know it." Early (1993-1994) proposals retained the existing Aid to Families with Dependent Children (AFDC) program, but placed time limits on welfare receipt not conditioned on work. In 1995, the debate shifted when the House approved H.R. 4 (the Personal Responsibility Act) and created Temporary Assistance...
National Commission on Terrorism Report: Background and Issues for Congress
On June 5, 2000, the National Commission on Terrorism (NTC), a congressionally mandated bi-partisan body, issued a report providing a blueprint for U.S. counter- terrorism policy with both policy and legislative recommendations. The report could be significant in shaping the direction of U.S. policy and the debate in Congress. It generally argues for a more aggressive U.S. strategy in combating terrorism. Critics, however, argue that NTC conclusions and recommendations ignore competing U.S. goals and interests; i.e that a proactive strategy might lead to the curbing of individual rights...
Balkan Conflicts: U.S. Humanitarian Assistance and Issues for Congress
Since the disintegration of the former Yugoslavia in 1991, there have been four wars in the Balkans. U.S. Humanitarian assistance programs have been a key part of the overall multilateral effort to relieve human suffering and assist refugees and internally displaced persons (IDPs) during these conflicts and in their immediate aftermath. With the emergency phase of the Kosovo crisis winding down and a political transformation well underway in Serbia, Congress and the Administration can be expected to assess the status of U.S. humanitarian assistance in the Balkans. The Balkans serve as a...
House Schedule: Recent Practices and Proposed Options
House scheduling practices have been criticized frequently in recent years for bringing about compressed workweeks, protracted daily sessions, conflicts between floor and committee work, pressure on family life, and inefficient use of time generally. Especially in the context of reform efforts in the 103rd and 104th Congresses (1993-1996), several alternatives have drawn support and objection. These discussions indicate that current practices are strongly related to Members' weekend commutes to their home districts. Members generally arrange their schedules so as to devote to these trips...
Softwood Lumber Imports From Canada: History and Analysis of the Dispute
Softwood lumber imports from Canada have been of concern to U.S. lumber producers for many years because of questions about Canadian government timber pricing policies. In 1996, the United States and Canada reached a 5-year agreement on restrictions -- a fee on lumber imports from four Canadian provinces in excess of the specified quota -- that expires on March 31, 2001. Resolutions and bills have been introduced in recent Congresses that, had they been enacted, would have restricted lumber imports from Canada or eliminated the basis for restricting those imports. The 107th Congress may...
Jonathan Pollard: Background and Considerations for Presidential Clemency
Jonathan Jay Pollard and his wife, Anne Henderson Pollard, were arrested in 1985 on charges of spying for Israel. Pollard pleaded guilty and received a life sentence, and remains in prison. Anne Henderson Pollard received a five-year sentence, and was released early in 1989. At first, the Israeli government claimed Pollard's activities were not sanctioned by the Israeli government and were part of a rogue operation, but the Israeli government granted citizenship to Pollard in 1996, and admitted that Pollard was spying for the government of Israel in 1998. Israeli Prime Ministers on...
Taiwan: Findings of a Congressional Staff Research Trip, December 2000
This report summarizes findings from a congressional staff trip to Taiwan (Republic of China), December 10-17, 2000, with supplemental material from other sources. The staff delegation met with Taiwan government and military officials, political party representatives, leading private citizens, and United States officials and business persons in Taipei, the capital. The findings include major factors that have shaped relations between Taiwan and the People's Republic of China (PRC) since Chen Shui-bian's election as President of Taiwan in March 2000. Taiwan's democratization and the growth...
The First Year: Assessments of Cooperation Between Newly Elected Presidents and Congress
During their first year in office, most recent Presidents have enjoyed a beginning period of cooperation--a "honeymoon"--with Congress. For some, it has lasted longer than for others, and with different legislative results. This report, drawing upon the evaluations of journalists, historians, and political scientists, provides a brief assessment of the extent of cooperation between newly elected Presidents, during their first year in office, and Congress. The Presidents and the focus periods of the study are Franklin D. Roosevelt in 1933, when the famed Hundred Days resulted in 15 major...
Terrorist Attack on USS Cole: Background and Issues for Congress
On October 12, 2000, the U.S. Navy destroyer Cole was attacked by a small boat laden with explosives during a brief refueling stop in the harbor of Aden, Yemen. The suicide terrorist attack killed 17 members of the ship's crew, wounded 39 others, and seriously damaged the ship. Evidence developed to date suggests that it may have been carried out by Islamic militants with possible connections to the terrorist network led by Usama bin Ladin. The FBI, Defense Department, and Navy launched investigations to determine culpability for the attack and to review procedures. A broad DoD review of...
The Amending Process in the House of Representatives
The amending process on the floor of the House of Representatives gives Members an opportunity to change the provisions of the bills and resolutions on which they are going to vote. This report summarizes many of the procedures and practices affecting this process, which can be among the most complex as well as the most important stages of legislative consideration.
Major Child Support Proposals Considered in the 106th Congress
During the period FY1978-FY1999, child support payments collected by the Child Support Enforcement (CSE) agencies increased from $1 billion to $15.8 billion. Even so, the program still collects only 17% of child support obligations for which it has responsibility and collects payments for only 37% of its caseload. The Clinton Administration's FY2001 budget included several new initiatives intended to collect more child support from noncustodial parents that can afford to pay, streamline program distribution rules so that more child support goes to custodial parents, and establishes a...
Connecting Fathers to Their Children: Fatherhood Legislation Considered in the 106th Congress
In recognition of the negative long-term consequences for children associated with the absence of their father, federal, state and local initiatives to promote financial and personal responsibility of noncustodial parents to their children are receiving more attention. The Clinton Administration's FY2001 budget included a couple of initiatives intended to help noncustodial parents who are unable to pay child support to get the support and skills they need to find work; these initiatives were not passed. In addition, several fatherhood bills ( H.R. 3073 , H.R. 4678 / H.R. 4469 , S. 1364 /...
FY2001 Treasury, Postal Service, Executive Office of the president, and General Government funding was enacted through P.L. 106-554 , the Consolidated Appropriations Act for FY2001, December 21, 2001. Partial funding for a select few of the accounts and some general provisions of the Treasury, Postal Service, Executive Office of the President, and General Government FY2001 Appropriations are included in the Department of Transportation FY2001 Appropriation ( P.L. 106-346 , Title V, October 23, 2000) and the continuing funding resolution ( P.L. 106-275 , as amended). Twenty-one continuing...
Agriculture: Prospective Issues for the 107th Congress
Persistent low farm prices and 3 years of multi-billion dollar ad hoc additions to federal spending for farmers are expected to put pressure on the 107th Congress for an early review of federal farm policy. Farm policy is governed by a variety of laws, many of which are incorporated into an omnibus, multi-year farm bill. Most of the provisions of the current farm bill, the Federal Agricultural Improvement and Reform (FAIR) Act of 1996, expire after the 2002 crop year. Key issues are the responsiveness of current policy to low commodity prices and farm income, factors influencing low...
Congressional Overrides of Presidential Vetoes
The President’s veto is effective not only in preventing the passage of legislation undesirable to the President, but also as a threat, sometimes forcing Congress to modify legislation before it is presented to the President. However, as a veto threat is carried out, Congress is faced with choices: letting the veto stand, the difficult task of overriding the veto, meeting the President’s objections and sending a new bill forward, or resubmitting the same provisions under a new bill number.
Appropriations for FY2001: Commerce, Justice, and State, the Judiciary, and Related Agencies
This report tracks action by the 106th Congress on FY2001 appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and other related agencies (often referred to as CJS appropriations). P.L. 106-113 appropriated $39.6 billion for these agencies for FY2000. President Clinton's FY2001 budget requested $39.6 billion for these agencies. On June 14, 2000, the House Appropriations Committee approved its version of the CJS appropriations bill ( H.R. 4690 ) It recommended funding totaling $37.4 billion--$2.2 billion below the President's request and $2.2 billion below...
DNA Evidence: Legislative Initiatives in the 106th Congress
DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have increased substantially since it was first introduced in the late 1980s. That growth has led to the emergence of the following issues that were considered by the 106th Congress in legislative initiatives: eliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders who are profiled, providing opportunities for postconviction testing of DNA evidence, and continuing development of forensic science capabilities. A DNA profile may provide powerful evidence in many...
This report discusses Amtrak, an intercity railway transit system that being operatios in 1971. Amtrak receives considerable criticism for its inability to make a profit. The central policy issue, which this report addresses, is the following: Given that a national system of passenger rail service appears to be inherently unprofitable, as is the case for other public services, do we as a Nation wish to preserve our system or to liquidate it?
The Coastal Nonpoint Pollution Program: Status and Legislative Issues
In 1990, Congress enacted legislation requiring coastal states and territories to develop programs to help address the problem of nonpoint source pollution in coastal waters, which are especially threatened by pressures of population growth, development, and pollution. The coastal nonpoint pollution program is unique because it expressly links federal and state coastal zone management and water quality programs. Coastal states are now implementing these requirements. Congress has not changed the program since its enactment, but one issue receiving attention is whether to integrate...
Crime Control: The Federal Response
Under the federal system in the United States, the states and localities traditionally have held the major responsibility for prevention and control of crime and maintenance of order. For most of the Republic’s history, “police powers” in the broad sense were reserved to the states under the Tenth Amendment to the Constitution. Many still hold that view, but others see a string of court decisions in recent decades as providing the basis for a far more active federal role. Several bills are discussed in this report that address issues related to crime, juvenile justice, and school violence.
Election Projections: First Amendment Issues
Media projections may be based both on exit polls and on information acquired as to actual ballot counts. The First Amendment would generally preclude Congress from prohibiting the media from interviewing voters after they exit the polls. It apparently would also preclude Congress from prohibiting the media from reporting the results of those polls. Congress, could, however, ban voter solicitation within a certain distance from a polling place, and might be able to include exit polling within such a ban. It also might be able to deny media access to ballot counts, either when the...
Encryption Technology: the Debate in the 105th and 106th Congresses
The controversy over encryption throughout the 1990s concerned what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement and national security purposes. Encryption and decryption are methods of using cryptography to protect the confidentiality of data and communications. When encrypted, a message can only be understood by someone with the key to decrypt it. Businesses and consumers want strong encryption products to protect their information, while the Clinton Administration wanted to...
Electronic Signatures: Technology Developments and Legislative Issues
Electronic signatures, a means of verifying the identity of the user of a computer system to control access or authorize a transaction, are increasingly being used in electronic commerce. Several technologies can be used to produce electronic signatures, the most prominent being digital signatures, which use cryptographic techniques to provide data integrity and nonrepudiation. Legislation enacted in the 106th Congress enables the legal recognition of electronic signatures in interstate commerce. Other legislation introduced but not enacted was intended to promote federal agency use of...
Food Biotechnology in the United States: Science, Regulation, and Issues
This report discusses the science of food biotechnology, and the federal structure by which it is regulated. Because U.S. farmers are adopting this technology at a rapid rate, some observers advocate a more active role for the federal government to ensure that farmers have equal access to this technology. Others believe that federal officials should play a more active role in protecting the environment, funding more research, and participating in international trade negotiations to ensure that trade continues to expand for genetically engineered crops. Trading partners often label food...
Patient Protection and Mandatory External Review: Amending ERISA's Claims Procedure
This report discusses the existing claims procedure required by the Employee Retirement Income Security Act of 1974 (ERISA), and legislative efforts in the 106th Congress to amend ERISA to provide for the mandatory external review of denied benefits. Although most of the patient protection bills introduced in the 106th Congress included provisions for external review and more rigorous standards for the internal review of denied benefits, this report focuses on the Patients' Bill of Rights Plus Act of 1999, S. 1344 , passed by the Senate on July 15, 1999, and the Bipartisan Consensus...
The Kosovo crisis and aftermath dominated U.S. foreign policy during much of the 106th Congress. From 1999 to 2000, international focus on Kosovo evolved from peace negotiations to a NATO air war to post-war peacekeeping and an international protectorate for the province. Scenarios regarding the use of U.S. military forces in and around Kosovo were a central issue in the Congress. Before, during, and after NATO's air operation against Serbia in early 1999, some Members of Congress challenged the President's authority under the Constitution to engage U.S. armed forces in...
Biosafety Protocol for Genetically Modified Organisms: Overview
The Biosafety Protocol to the 1992 Convention on Biological Diversity (CBD) was adopted in January 2000, by the 176 nations that are parties to the CBD. Not having ratified the CBD, the United States participated in the negotiations as an observer, but nevertheless was an active participant in the discussions. The Protocol addresses a major area of concern that was not resolved by the parent CBD in 1992 the safe handling, transfer and trade of biological organisms. In recent years, this issue has gained new prominence and controversy as genetically modified organisms (GMOs) have become...
Appropriations for FY2001: Labor, Health and Human Services, and Education
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education.
China's Military-Owned Businesses
Defense companies of the People's Republic of China (PRC) fall under two hierarchies: those belonging to the military, or the People's Liberation Army (PLA), and those in the defense industries under the State Council. This CRS Report focuses on PLA-owned businesses. Some advocate limiting economic ties with PLA companies. Others say targeting the PLA would unnecessarily hurt strategic goals with China and would be formidable to enforce. Complicating the issue is the ban on the PLA doing business that China's president ordered on July 22, 1998. The FY1999 National Defense Authorization Act...
Government at the Dawn of the 21st Century: A Status Report
Shortly after the beginning of the 20th century, the federal government entered a new phase the rise of the administrative state. Among the forces propelling this development was the Progressive Movement, which sought greater government engagement with and regulation of various sectors of American society. An autonomous Department of Labor, with Cabinet status, was established in 1913, along with the Federal Reserve. The Federal Trade Commission was created the following year. With the entry of the United States into World War I, regulatory activities further expanded, and the number of...
Conservation and Reinvestment Act (CARA) (H.R. 701) and a Related Initiative in the 106th Congress
This report compares H.R. 701 , as passed by the House and H.R. 701 , as approved by the Senate Committee on Energy and Natural Resources, with current law. These bills, often referred to as the Conservation and Reinvestment Act (CARA), would have funded various resource acquisition and protection activities. The two versions contain some significant differences. Both bills (and numerous related bills) originated, in part, from efforts to: (1) provide higher and more certain funding for resource protection programs; (2) fund the state grant portion or the entire LWCF each year; and (3)...
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2001
The Department of Defense operates six environmental programs: cleanup of past contamination at military facilities, acceleration of cleanup at military bases designated for closure, compliance with environmental laws and regulations that apply to ongoing military operations, pollution prevention, natural resource conservation, and environmental technology. In addition to these activities, the Department of Energy is responsible for managing defense nuclear waste and remediating contaminated sites. This report discusses the federal laws that established these programs, describes their...
House Rules Changes Affecting Floor Proceedings in the 107th Congress
On the first day of the 107th Congress, the House agreed to H.Res. 5, making six substantive changes affecting its floor proceedings. These amendments facilitate use of the Corrections Calendar and voting on amendments in Committee of the Whole. They also limit votes relating to use of exhibits on the floor, and bar motions to instruct containing argument as well as proposals to name public works after sitting members of either house. Finally, the rule providing for the House to agree to change the public debt ceiling without a separate floor vote was repealed.
Election of the President and Vice President by Congress: Contingent Election
The 12th Amendment to the Constitution requires that candidates for President and Vice President receive a majority of electoral votes (currently 270 or more of a total of 538) to be elected. If no candidate receives a majority, the President is elected by the House of Representatives, and the Vice President is elected by the Senate. This process is referred to as contingent election and is the topic of discussion in this report.
The National Security Agency: Issues for Congress
The National Security Agency (NSA), one of the largest components of the U.S. Intelligence Community, has reached a major watershed in its history. Responsible for obtaining intelligence from international communications, NSA’s efforts are being challenged by the multiplicity of new types of communications links, by the widespread availability of low-cost encryption systems, and by changes in the international environment in which dangerous security threats can come from small, but well organized, terrorist groups as well as hostile nation states.
NSA’s efforts to adjust to the changing...
The Cost of Prescription Drugs for the Uninsured Elderly and Legislative Approaches
The purpose of this report is to explain why many of those who are least able to afford high drug costs are those who are most frequently charged the most. This report describes the basic economic theory underlying price differentiation and, in the context of the pharmaceutical market, analyzes the role and behavior of pharmacy benefit managers (PBMs), pharmaceutical manufacturers, and retail pharmacies, respectively. It also looks at a number of the criticisms that have been made of the practice of differential pricing. Finally, this report discusses various policy approaches aimed at...
Peruvian Elections in 2000: Congressional Concerns and Policy Approaches
In a vote that observers said did not meet minimum conditions for a free and fair election, President Alberto Fujimori of Peru won a third term on May 28. The United States urged sanctions, but the OAS sent a high-level mission to press Peru for democratic reforms instead. Corruption scandals and lessened support led Fujimori to agree to new elections in April 2001 and then, on November 20, to resign. The 106th Congress called for the review and modification of U.S. relations with Peru if elections were not judged free and fair by international observers, and then for the withholding...
Enforceability of Mandatory Arbitration Agreements: Wright v. Universal Maritime Service Corp.
In Wright v. Universal Maritime Service Corp. , the U.S. Supreme Court found that a mandatory arbitration clause in a collective bargaining agreement was not enforceable because it failed to specify arbitration as the covered employees' sole method of obtaining relief for their statutory claims. Without such explicit language in the agreement, the union could not have made a "clear and unmistakable waiver" of the employees' rights to a judicial forum. Although the Court identified a "clear and unmistakable waiver" standard for determining whether a mandatory arbitration agreement could be...
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
Thirty-three states have added a victims rights amendment to their state constitutions. Both the House and Senate Judiciary Committees held hearings on similar proposals in the 106th Congress to amend the United States Constitution ( S.J.Res. 3 introduced by Senator Kyl for himself and Senator Feinstein and H.J.Res. 64 introduced by Representative Chabot). The Senate Committee initially reported out an amended version of S.J.Res. 3 without a written report, but issued a report prior to floor consideration of the reported proposal, S.Rept. 106-254 . Neither S.J.Res. 3 nor H.J.Res....
National Estuary Program: A Collaborative Approach to Protecting Coastal Water Quality
Estuaries are coastal bays or rivers and their freshwater tributaries. These waterways provide resources for diverse uses including commerce, public infrastructure, and recreation. The Clean Water Act Amendments of 1987 ( P.L. 100-4 ) established the National Estuary Program to identify nationally significant estuaries that are threatened by pollution, land development, or overuse, and to award grants that support the development of comprehensive management plans to restore and protect them. State governors can nominate estuaries within their states to be admitted into the National Estuary...
On January 9, 2001, the Supreme Court handed down the latest in its series of recent decisions relating to the balance between federal and state power in our dual system of government. In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers , the Court ruled that the long controversial "migratory bird rule," used by the Corps of Engineers to interpret its authority over "isolated wetlands," exceeded the agency's authority under the Clean Water Act (CWA).
The Individuals with Disabilities Education Act: Discipline Legislation in the 106th Congress
Although Congress described its 1997 changes to discipline provisions in the Individuals with Disabilities Education Act (IDEA) as a "careful balance," it was not long before amendments to change the provisions surfaced. In 1999 the Senate passed S. 254 , 106th Cong., the Violent and Repeat Juvenile Accountability and Rehabilitation Act of 1999, and the House passed H.R. 1501 , 106th Cong., the Child Safety and Protection Act, both of which contained amendments to IDEA. These amendments would have changed section 615 of IDEA to eliminate IDEA's different disciplinary procedures for...
The Pain Relief Promotion Act, as proposed in the 106th Congress, provided that the Attorney General, in determining whether the registration of a doctor for the administration of controlled substances is in the public interest, should give no force and effect to state law authorizing or permitting assisted suicide or euthanasia. This language would appear to have been designed to abrogate the legal reasoning set forth by the Attorney General in a press release regarding the application of the Controlled Substances Act to acts of physician-assisted suicide. It would not, however, appear to...
Enforceability of Mandatory Arbitration Agreements:
In Wright v. Universal Maritime Service Corp., the U.S. Supreme Court found that a mandatory arbitration clause in a collective bargaining agreement was not enforceable because it failed to specify arbitration as the covered employees' sole method of obtaining relief for their statutory claims. Without such explicit language in the agreement, the union could not have made a "clear and unmistakable waiver" of the employees' rights to a judicial forum. Although the Court identified a "clear and unmistakable waiver" standard for determining whether a mandatory arbitration agreement could be...
DNA Identification: Applications and Issues
DNA technology can provide useful identifying information in many situations, such as in solving crimes, determining paternity, and identifying human remains. Research is resulting in improvements in sensitivity and power and reductions in cost. Such use and improvements are raising several policy issues. The use of DNA in identification results from its unique characteristics: It is a complex molecule, containing much information. Each person has billions of identical copies. The structure of the molecule varies from person to person and is inherited, so the DNA of relatives is more...
Argentina: Political and Economic Conditions and Relations with the United States in 2000
In Argentina's presidential election, held on October 24, 1999, Fernando de la Rúa of the Alliance coalition defeated Peronist candidate Eduardo Duhalde, ending the 10-year rule of the Peronist party. President de la Rúa has continued the economic reform and trade liberalization measures implemented by his predecessor, Carlos Menem, which were effective in stabilizing the Argentine economy after the hyperinflation of the 1980s. In recent years, however, economic conditions have deteriorated and the success of President de la Rúa's administration will likely depend on the success of...
Appropriations for FY2001: Defense
House and the Senate action on annual FY2001 defense funding was completed in December when Congress approved the FY2001 omnibus appropriations bill. In all, Congress provided about $310.0 billion for national defense, including $287.8 billion in the Department of Defense Appropriations bill. The national defense total is about $4.7 billion above the Administration's request. The conference agreement on the FY2001 Labor-HHS-Education Appropriations/Omnibus appropriations bill, H.R. 4577 , approved in the House and Senate on December 15, provides some additional FY2001 funds for the...
Online Privacy Protection: Issues and Developments
It is routinely acknowledged that the success of the Internet and electronic commerce depends upon the resolution of issues related to the privacy of online personal information. This paper discusses some potential threats to the privacy of online personal information, and efforts by businesses, governments, and citizens to respond to them. The paper also provides an overview of the legal framework for the protection of personal information. Some advocate legal recognition of a right to "information privacy" for online transactions. The term "information privacy" refers to an...
Encryption exports are controlled under the Arms Export Control Act (AECA) and the Export Administration Act (EAA), the latter statute to expire August 20, 2001. The more stringent AECA controls, administered by the State Department, apply to encryption items classified as defense articles or services. Items not so classified are subject to regulation by the Department of Commerce (DOC) under the extended EAA authorities. DOC requires licenses for certain commodities and software, but allows other encryption items to be exported under license exceptions. The U.S. Government has...
Cuba: Issues and Legislation In the 106th Congress
Cuba remains a hard-line Communist state, with a poor record on human rights. Fidel Castro has ruled since he led the Cuban Revolution, ousting the corrupt government of Fulgencio Batista from power in 1959. With the cutoff of assistance from the former Soviet Union, Cuba experienced severe economic deterioration from 1989-1993, although there has been some improvement since 1994 as Cuba has implemented limited reforms. Since the early 1960s, U.S. policy toward Cuba has consisted largely of isolating the island nation through comprehensive economic sanctions. The Clinton Administration...
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 106th Congress
Federal mandatory minimum sentencing statutes (mandatory minimums) demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentence and a certain means of incapacitating the criminally dangerous. Among the bills introduced in the 106th Congress, some would have created...
RICO: Legislative Activity in the 106th Congress
The federal Racketeer Influenced and Corrupt Organization (RICO) provisions outlaw the use of various state and federal crimes (predicate offenses) to acquire, maintain, or conduct the activities of a formal or informal enterprise whose activities affect interstate or foreign commerce, 18 U.S.C. 1961-1965. Violations subject offenders to criminal penalties and civil liability. The RICO legislative proposals introduced in the 106th Congress addressed offenses that their sponsors believe should be added to the list of predicate offenses. None of these proposals were enacted before the...
Internet Gambling: A Sketch of Legislative Proposals in the 106th Congress
S. 692 (Sen. Kyl), as passed by the Senate, and H.R. 3125 (Rep. Goodlatte), as brought to the House floor on a suspension motion, would have outlawed commercial use of the Internet to gamble or to facilitate gambling, with fairly broad exceptions for certain forms of legalized gambling. Individual bettors were not covered and there were exemptions for parimutuel betting on horse racing and dog racing, and for state lotteries, among others. Violations were subject to criminal penalties and court injunctions. Service providers who cooperated with authorities in good faith enforcement of...
Consumption Taxes and the Level and Composition of Saving
This report examines how the composition of saving might change with the introduction of a consumption tax. Specifically, the report analyzes the possible impact of a consumption based tax system on various forms and levels of saving.
Legislative Research in Congressional Offices: A Primer
This report discusses the process of conducting legislative research: deciding the scope, collecting the information and evaluating sources. Members of Congress need many kinds of information and analysis to support their legislative, oversight, and representational work, including both quick facts, or information to improve their understanding of a complex set of issues.
House Apportionment 2000: States Gaining, Losing, and on the Margin1
This report provides figures regarding the population of the 50 states in 2000, which is 281,424,177, a figure 13.4% greater than in 1990.
Sections 205 and 206 of the Federal Power Act concern rates and charges collected by a public utility in transmitting or selling electric energy in interstate commerce. These rates and charges are required to be just and reasonable. States retain jurisdiction over facilities for generation, distribution, or transmission of electric energy in intrastate commerce. The Commission has the authority to determine that an existing rate is unjust or unreasonable and set a new rate. In certain situations Federal Energy Regulatory Commission (FERC) may have authority to refund amounts paid in excess...
Farm Economic Relief and Policy Issues in the 106th Congress: A Retrospective
This report discusses issues regarding Agriculture funding, specifically the Federal Agriculture Improvement and Reform (FAIR) Act (P.L. 104-127), which prescribed farm commodity support policy through 2002.
Education for the Disadvantaged: ESEA Title I Allocation Formula Provisions
Title I, Part A of the Elementary and Secondary Education Act (ESEA) authorizes federal aid to state and local educational agencies (SEAs, LEAs) for the education of disadvantaged children. Title I grants are used to provide supplementary educational and related services to low-achieving children attending schools with relatively high concentrations of pupils from low-income families. Services may be provided at pre-kindergarten through high school levels. Title I has been the anchor of the ESEA since it was first enacted in 1965, and is the largest federal elementary and secondary...
Africa Backgrounder: History, U.S. Policy, Principal Congressional Actions
Congress has dealt repeatedly with issues related to sub-Saharan Africa since the late 1950s. This report provides basic background on Africa and its history, U.S. policy, and congressional involvement, for the general congressional reader. The modern human species is believed to have emerged in Africa approximately 200,000 years ago. Perhaps 2,500 years ago, the Bantu people began to expand from a West African base, gradually spreading a complex agricultural system over much of the continent. Africanists generally agree that loyalties to large ethnic groups, a key factor in African...
IMF Reform and the International Financial Institutions Advisory Commission
In the fall of 1998, financial crises in Asia, Russia, and Brazil were unfolding, though in different stages, as the 105th Congress was in the process of passing the Omnibus Consolidated and Emergency Supplemental Appropriations Act for FY1999 ( H.R. 4328 , P.L. 105-277 ). This legislation increased the U.S. quota of the International Monetary Fund (IMF), but attached a number of conditions to dispersal of the funds. Among them was creation of the International Financial Institutions Advisory Commission (the Meltzer Commission), which Congress chartered to evaluate and recommend future...
Committee System Rules Changes in the House, 107th Congress
This fact sheet details changes in the committee system contained in H.Res. 5 , the rules of the House for the 107th Congress, adopted by the House January 3, 2001. The fact sheet will not be updated unless further rules changes are adopted.
Clean Water Issues in the 107th Congress: An Overview
Key water quality issues that may face the 107th Congress include: actions to implement existing provisions of the Clean Water Act, whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water activities. This Act is the principal law that deals with polluting activity in the nation’s lakes, rivers, and coastal waters and authorizes funds to aid construction of municipal wastewater treatment plants. Legislative prospects for comprehensively amending it have been stalled over whether and exactly how to...
The Current Palestinian Uprising: Al-Aqsa Intifadah
Facing a September 13, 2000 deadline for concluding a comprehensive Israeli- Palestinian agreement on all permanent status issues, President Bill Clinton convened a trilateral summit with Israeli Prime Minister Ehud Barak and Palestine Liberation Organization (PLO) Chairman Yasser Arafat at Camp David on July 11, 2000. The summit, which lasted until July 24, 2000, did not produce an agreement. Members of 106th Congress responded to the al-Aqsa Intifadah by introducing bills that supported Israel’s actions, encouraged the U.S. Administration to oppose any anti-Israel resolutions in the...
How Budget Surpluses Change Federal Debt
This report discusses how budget surpluses change federal debt. The answer involves understanding what drives changes in the two components of total federal debt, debt held by the public (which includes debt held by individuals, pension funds, banks, and insurance companies, among other entities) and debt held by government accounts (almost all in federal trust funds, such as Social Security).
Electricity Restructuring: The Implications for Air Quality
In the context of federal and state proposals to restructure the electric utility industry, this paper analyzes forces and policies affecting utility generation that may have consequences for emissions of air pollutants and of greenhouse gases. Key concerns are potential increases in nitrogen oxide emissions, raising questions about the effectiveness of the Clean Air Act to regulate a restructured industry, and in carbon dioxide emissions, which are not currently regulated but could be if the U.S. ratifies the Kyoto Agreement. These issues may be raised in the context of electricity...
While largely comprised of Medicare provisions, the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 ( H.R. 5661 ), a compromise agreement between House and Senate committees and the leadership, includes a number of important changes to Medicaid and the State Children's Health Insurance Program (SCHIP). It also includes major provisions amending other programs. The provisions of H.R. 5661 are incorporated, by reference into H.R. 4577 , the Consolidated Appropriations Act 2001. H.R. 4577 was passed by the House and Senate on December 15, 2000 and was...
Managing Regional Growth: Is There a Role for Congress?
Regional growth management is largely addressed at the local and state levels, driven by a myriad of concerns. Many of these concerns are associated with the concept of sprawl, and pit expansion of suburban development against protection of open space, agricultural activities, and amenity values. Local and state policies to respond to these concerns are also diverse. Many federal activities, policies, and programs affect rates and patterns of growth, and the ability of local and state governments to address them. Periodically, the question arises as to whether Congress should examine how...
Child Care Issues in the 106th Congress
In President Clinton's 2000 State of the Union Address, he outlined several child care-related initiatives, in the form of tax credit proposals; increased child care subsidies; and increased funding for Head Start and the 21st Century Community Learning Centers programs. Details of those proposals were included in the Clinton Administration's FY2001 budget proposal. This was the third year in a row that the Clinton Administration proposed a major child care initiative. As was the case in the 105th Congress, the 106th Congress introduced considerable child care-related legislation, however,...
Department of Energy Research and Development Budget for FY2001: Description and Analysis
This report focuses on the R&D programs. It divides the programs into four categories: energy resources R&D, science, national security R&D, and environmental management R&D. Those categories, which approximate the way DOE has divided up its programs, are set up to keep similar research activities together.1 This arrangement is somewhat different from the way the R&D budget is approached by the congressional appropriations committees. This report gives a description of the programs within each category including their research objectives and the activities where significant budget changes...
Abortion Law Development: A Brief Overview
This report offers an overview of the development of abortion law from 1973 to the present. Beginning with a brief discussion of the historical background, the report analyzes the leading Supreme Court decisions over the past twenty-eight years, emphasizing particularly the landmark decisions in Roe and Doe, the Court’s shift
in direction in Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey, and the Court’s most recent decision on abortion, Stenberg v. Carhart. The Court’s decisions on the constitutionality of restricting public funding...
Congressional oversight of policy implementation and administration, which has occurred throughout the U.S. government experience under the Constitution, takes a variety of forms and utilizes various techniques. These range from specialized investigations by select committees to annual appropriations hearings, and from informal communications between Members or congressional staff and executive personnel to the use of extra congressional mechanisms, such as offices of inspector general and study commissions. Oversight, moreover, is supported by a variety of authorities—the Constitution,...
Charitable Choice: Constitutional Issues and Developments Through the 106th Congress
Charitable choice seeks to expand the universe of religious organizations that can participate in publicly funded social service programs. The establishment of religion clause of the First Amendment has long been construed to allow religious organizations to participate in such programs. But in the past it has generally been interpreted to require publicly funded religious social services providers to be incorporated separately from their sponsoring religious institutions, to forego religious activities and proselytizing in the publicly funded programs, and to remove religious symbols from...
Budget FY2001: A Chronology with Internet Access
This is a select chronology of, and a finding guide for information on, congressional and presidential actions and documents related to major budget events in calendar year 2000, covering the FY2001 budget. Brief information is provided for the President’s budget, congressional budget resolutions, appropriations measures (regular, continuing, supplementals, and rescissions), budget reconciliation, House and Senate votes, line-item vetoes, publications, testimony, charts, and tables.
Environmental Reauthorizations and Regulatory Reform: From the 104th Congress through the 106th
The 104th Congress addressed the environmental regulatory process by reviewing regulatory decisionmaking processes and requiring assessments of unfunded mandates and of costs and benefits of selected regulations; attaching specific reforms to funding bills; establishing a House corrections day calendar for bills addressing specific regulatory problems; and incorporating regulatory reforms into individual program reauthorization bills. The Office of Management and Budget (OMB) was directed to prepare a report on the costs and benefits of federal regulations. The 105th Congress pursued...
Water Quality Initiatives and Agriculture
Congress most recently enacted amendments to the nation's water quality law, the Clean Water Act (CWA), in 1987. But national water quality policy has evolved in the intervening years, as a result of implementation of the 1987 amendments and related Administration initiatives intended to fulfill the requirements and meet the goals and objectives of the Act. Agriculture, which has been a relatively minor component of national water quality policies and programs, especially regulatory policies, is now involved in several aspects of three recent initiatives. In the Clean Water Action Plan,...
The European Union's Ban on Hormone-Treated Meat
The European Union (EU) continues to ban imports of meat derived from animals treated with growth hormones despite rulings by World Trade Organization (WTO) dispute settlement panels that the banis inconsistent with the Uruguay Round Agreement on health and safety measures used to restrict imports (the Sanitary and Phytosanitary or SPS Agreement). U.S. retaliation, authorized by the WTO, in the form of 100% duties on $116 million of EU agricultural products remains in effect while negotiations to resolve the dispute continue. Thus far, EU offers of compensation (trade concessions) for lost...
Agriculture and the 106th Congress: A Summary of Major Issues
Most congressional interest in agriculture in the 106th Congress was focused on persistent low prices for major commodities and proposals to redress declining farm income. Six emergency farm aid bills were approved, increasing agricultural spending by nearly $27 billion for fiscal years 1999-2001. These bills provided disaster relief along with short term “market loss payments”to farmers to shore up farm income. Some longer term changes also were enacted as part of emergency farm legislation, which this report discusses in brief.
Economic Sanctions: Legislation in the 106th Congress
Economic sanctions are coercive measures imposed by one country, or coalition of countries, against another country, its government or individual entities therein, to bring about a change in behavior or policies. Economic sanctions regimes typically include a range of measures such as trade embargoes; restrictions on exports or imports; denial of foreign assistance, loans and investments; control of foreign assets held in the United States; or the restriction of economic transactions that involve U.S. citizens or businesses. As one part of the foreign policy tool kit, economic sanctions...
Agricultural Marketing Assistance Loans and Loan Deficiency Payments
Marketing assistance loans for the major crops were designed to facilitate orderly marketing by providing short-term financing so that farmers could pay their bills right after harvest and spread their sales over the entire marketing year. However, the persistence of very low commodity prices transformed the loan program into a major vehicle of farm income support. Marketing loan program benefits (primarily loan deficiency payments, LDPs) to farmers amounted to about $5.9 billion in 1999, and will exceed $6.5 billion in 2000. Such levels of use and high costs have revealed...
Causes of Unemployment: A Cross-Country Analysis
This report examines data from the Organization for Economic Cooperation and Development (OECD) to explore what differences in microeconomic structures and policies explain the causes of unemployment across various countries.
Environmental Protection: New Approaches
In recent years, the interest in alternatives to the nation's "command-and-control" approach to environmental protection has heightened. Driving this interest are concerns that the current approach is inefficient and excessively costly, and that it is ineffective in addressing certain problems such as nonpoint source pollution and global climate change. Several blue-ribbon panels have issued reports on environmental protection needs for the next century, including one headed by former two-time Administrator of the Environmental Protection Agency, William D. Ruckelshaus -- ...
Emergency Funding for Agriculture: A Brief History of Congressional Action, FY1989-FY2001
From FY1989 through FY2001 (to date), nineteen appropriations or farm disaster acts have provided $38 billion in emergency funding for U.S. Department of Agriculture (USDA) programs. Nearly $27 billion, or about 70 percent of the total amount, has been provided for FY1999-FY2001 alone. Since FY1989, the vast majority of the funds has been paid directly to farmers, primarily in the form of “market loss payments” (just under $17 billion, all since FY1999) to compensate for low farm commodity prices, and disaster payments($15.6 billion) paid to any producer who experienced a major crop loss...
Fiji Islands Political Crisis: Background, Analysis, and Chronology
On May 19, 2000, Fijian businessman George Speight and his followers took Prime Minister Mehendra Chaudhry, an ethnic Indian Fijian, and 30 government and parliamentary officials hostage in an attempt to return the political system to indigenous Fijian dominance. The Fiji military appointed an interim civilian government, negotiated the release of the hostages on July 14, 2000, and then arrested Speight on July 26, 2000. Although the interim civilian government expressed disapproval of Speight's actions, it also indicated plans to create a new Constitution that bars Indo-Fijians from the...
In the Antiquities Act of 1906, Congress authorized the President to create National Monuments. Recently, there has been discussion of a possible monument designation involving the coastal plain of the Arctic National Wildlife Refuge in Alaska, an area rich in wildlife and quite possibly also rich in oil reserves. Several issues surround that possibility, including the potential size of such a monument, whether provisions of the Alaska National Interest Lands Conservation Act (ANILCA) might preclude or limit such a designation, and how protections afforded by monument designation might...
China-U.S. Trade Agreements: Compliance Issues
On November 15, 1999, the United States and China completed a bilateral agreement on China's accession to the World Trade Organization (WTO). China agreed to substantially liberalize its markets for U.S. agriculture, manufactured goods, and services. In addition China has completed bilateral trade agreements with 35 other WTO members (an agreement with Mexico is still pending) and is close to completing negotiations with the WTO Working Party handling its WTO application. Once China completes all of its bilateral and multilateral agreements, it will likely join the WTO soon after, and the...
Clean Air Standards: The Supreme Court Agrees to Review
In May, 2000, the Supreme Court agreed to review this decision, raising the prospect of a major pronouncement on the non-delegation doctrine, the enforceability of the revised ozone standard, and the role of compliance costs in setting nationwide air quality standards.
The ability to gather accurate and timely information on enemy forces is an essential enabler of modern military operations. The growing use of precision guided munitions (PGMs) which can destroy specific targets without extensive collateral damage depends upon the availability of precise information. No single platform or technology can satisfy the needs of the Department of Defense (DoD) for information at all times in all scenarios. However, airborne platforms will likely continue to satisfy a large portion of DoD's ISR requirements over the next several decades. Among airborne ISR...
American Federalism, 1776 to 2000: Significant Events
Since ratification of the Constitution, which established a union of states under a federal system of governance, two questions that have generated considerable debate are: What is the nature of the union? What powers, privileges, duties, and responsibilities does the Constitution grant to the national government and reserve to the states and the people? During the 211-year history of the Constitution, these issues have been debated time and again and have shaped and been shaped by the nation's political, social, and economic history. During the pre-federalism period, the country waged a...
HIV-1/AIDS and Military Manpower Policy
In October 1985, the Department of Defense (DOD) began screening all applicants for military service for Human Immunodeficiency Virus-1 or HIV-1. Such screening was controversial. Since then, DOD has taken other actions and issued guidlelines on various aspects of its AIDS policy which have been carefully watched and scrutinized by Congress, and other Federal and State agencies because of their ground-breaking nature. This report examines aspects of DOD policy on HIV-1/AIDS and legislation introduced to modify this policy. Under current DOD policy, applicants who test positive for HIV-1...
Appropriations for FY2001: District of Columbia
On February 7, 2000, President Clinton submitted his budget recommendations for FY2001. The Administration's proposed budget includes $ 445 million in federal payments and assistance to the District of Columbia. On March 13, 2000, D.C. Mayor Anthony Williams submitted his proposed budget for FY2001. The proposed budget included $4.7 billion in general fund expenditures and $695 million in enterprise funds. The District of Columbia Financial Responsibility and Management Assistance Authority (Authority), on June 7, 2000, approved a budget compromise reached by the city council and the...
Endangered Species: Continuing Controversy
The Endangered Species Act of 1973 (ESA) has been one of the most controversial of all environmental laws. Undoubtedly, the controversy stems from the strict substantive provisions of this law compared to many other environmental laws which tend to be more procedurally oriented or to permit greater administrative discretion. As a result of the ESA’s standards, the Act often plays a role in disputes in which all sides agree that a given species is not the center of the debate.
Appropriations for FY2001: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation (BuRec), most of the Department of Energy (DOE), and a number of independent agencies. The Administration requested $22.7 billion for these programs for FY2001 compared with $21.2 billion appropriated in FY2000. The House bill, H.R. 4733 , passed on June 28, 2000, allocated $21.74 billion. The Senate passed its version of H.R. 4733 September 7, appropriating $22.5 billion. The conference bill, reported September...
China's Emergence as a Major Economic Power: Implications for U.S. Interests
China's likely development as a major economic power over the next quarter century holds important implications for U.S. interests. Assuming a continuation of current trends, by 2025 China is likely to become a medium income economy with an estimated $3.5 trillion to $5.8 trillion gross domestic product and a 1.5 billion population. An optimistic view of China in 2025 is for it to be well integrated into the world economy with global standards for trade, investments, finance, labor, and the environment and with a booming investment and trading relationship with the United States conducted...
Term Limits for Members of Congress: Issues in the 106th Congress
Congressional efforts to limit federal lawmakers' tenure have waned since 1997, but supporters' differing strategies, various service limits at the federal and state levels, and the most recent general election are keeping the issue alive. Some proponents have changed their goal from mandatory limits through a constitutional amendment to voluntary limits through candidates' pledges to limit their own tenure. Fifty-nine Members of the 106th Congress have pledged to limit their service, including 10 who will reach their self-imposed limit at the end of this Congress. House Members who have...
Appropriations for FY2001: VA, HUD, and Independent Agencies (P.L. 106-377)
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Subcommittees on VA, HUD and Independent Agencies Appropriations.
Federal Crop Insurance and the Agriculture Risk Protection Act of 2000 (P.L. 106-224)
On June 20, 2000, the President signed into law the Agricultural Risk Protection Act of 2000 ( P.L. 106-224 , H.R. 2559 ), which reduces significantly the farmer cost of acquiring a crop insurance policy beginning in the 2001 crop year. P.L. 106-224 is estimated to add $8.2 billion in new federal spending for the federal crop insurance program over the next 5 years (FY2001-2005), in order to attract more farmers into the program and lessen the need for ad hoc disaster assistance. From 1994 through 1999, the federal government spent an average of $1.5 billion per year on crop insurance...
Appropriations for FY2001: U.S. Department of Agriculture and Related Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Agriculture Appropriations.
Appropriations for FY2001: Military Construction
The military construction (MilCon) appropriations bill finances (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) most base realignment and closure costs. This report reviews the appropriations and authorization process for military construction. The congressional debate perennially centers on the adequacy of the President's budget for military construction needs and the necessity for congressional add-ons, especially for Guard and...
Department of Defense Anthrax Vaccination
The Department of Defense (DOD) intends to immunize 1.4 million active duty and 900,000 Selected Reserve personnel against anthrax. The vaccine, approved by the Food and Drug Administration (FDA), has been in use since 1970. About 455,000 personnel have started the vaccination series, and, according to DOD, at least 442 have refused the vaccine. DOD deems the immunization to be mandatory, and active duty personnel who have refused have been subject to administrative discharge or court martial for failure to obey a lawful order. Some Reserve and National Guard personnel have resigned rather...
Senate Rule XXV and party practice limit the number and types of committee and subcommittee assignments a Member may hold. The rule sets the size of each committee, and Senate tradition dictates that, in most instances, party ratios in committee reflect the overall party ratio in the chamber. Both parties utilize Member seniority, state represented, and ideology as factors influencing committee assignments. Rule XXV divides committees into three classes, characterized as A, B, and C. Class A consists of 12 standing committees; class B includes four standing committees, two...
Airport and Airway Trust Fund Issues in the 106th Congress
This report briefly discusses the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21 or FAIR21), which helps ensure that all aviation trust fund receipts (including interest) are spent for aviation purposes on an annual basis.
The U.S. Defense Industrial Base: Trends and Current Issues
The end of the Cold War precipitated one of the greatest reductions in U.S. defense spending since the final months of World War II. The Department of Defense (DOD) and U.S. defense industry have struggled coming to terms with smaller defense budgets and ill-defined threats to U.S. security. Cold War's end also transformed the defense business environment, marking the rapid worldwide globalization of economics and trade and changes in DOD policy toward the industry itself. Technological change, especially visible in the information processing and telecommunications industries, has forced...
The Americans with Disabilities Act: Eleventh Amendment Issues
This report provides a brief overview of the Eleventh Amendment to the Americans with Disabilities Act (ADA).
Depreciation and the Taxation of Real Estate
The Tax Reform Act of 1986 set up a depreciation system designed to equalize tax burdens on different types of assets. The recovery period for nonresidential structures was, however, lengthened in 1993. Economic conditions and practices that may bear on this issue have also changed. Lately, there has been some interest in reexamining this depreciation structure. For example, H.R. 4328, The Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998, mandated the Treasury Department to study current tax depreciation rules and how they relate to tax burdens. This report...
Executive Order 12919: Emergency Powers of the President
Executive Order 12919 concerns industrial preparedness during times of war and national emergency. This brief report uses simple language to describe what Executive Order 12919 does. It is intended to clarify common misunderstandings about the Order's purpose and scope.
Individuals with Disabilities Education Act: Services in Private Schools under P.L. 105-17
The 1997 amendments to the Individuals with Disabilities Education Act (IDEA), P.L. 105-17 , changed previous statutory language regarding private school services for children with disabilities who are unilaterally placed in a private school by their parents. Three major additions were made to the statutory language on this issue: (1) requiring the states to spend a proportionate amount of IDEA funds on private school children with disabilities who are enrolled in the private school by their parents, (2) allowing school districts to provide special education related services on the...
Appropriations for FY2001: Interior and Related Agencies
The Interior and Related Agencies Appropriations bill includes funding for agencies and programs in four separate federal departments as well as numerous smaller agencies and diverse programs. The bill includes funding for the Interior Department except the Bureau of Reclamation, but only segments of the funding of the other three departments, Agriculture, Energy, and Health and Human Services. On February 7, 2000, President Clinton submitted his FY2001 budget to Congress. The FY2001 request for Interior and Related Agencies totals $16.32 billion compared to the $14.91 billion enacted...
Missiles for Standoff Attack: Air-Launched Air- to-Surface Munitions Programs
Increasing the standoff range of air-delivered munitions and improving their accuracy and lethality have become matters of major emphasis in U.S. defense plans since the 1991 Gulf War. The 1999 conflict in Kosovo especially highlighted the value of air-to-surface munitions that could be launched from safe standoff ranges and guided to their targets with precision. Since cancellation in late 1994 of the Tri-Service Standoff Attack Missile (TSSAM) program, various alternatives have been proposed, including development of a new missile or a derivative of currently operational missiles....
For one of the few times during the past 15 years, legislation was reported in the Senate authorizing broad portions of U.S. foreign assistance programs. In the absence of foreign aid authorizations, Congress has overseen and funded the program through annual Foreign Operations appropriations bills. S. 2382 , the Technical Assistance, Trade Promotion, and Anti-Corruption Act of 2000, as reported by the Senate Foreign Relations Committee on April 7, selectively authorizes a range of foreign aid activities, updates permanent foreign assistance laws, expands several aid initiatives such as...
Philippine-U.S. Security Relations
In 1999, the Philippines and the United States reached agreements to revive the security relationship, which had declined following the U.S. withdrawal from military bases in 1992. The two governments concluded a Visiting Forces Agreement that will allow U.S. military personnel to enter the Philippines for joint training and other cooperative activities. The two governments also agreed to formulate a new U.S. military support program for the Philippines. The future of the security relationship will be affected by several issues such as the Philippine-China dispute in the South China Sea,...
The House Apportionment Formula in Theory and Practice
This report has four major purposes: to summarize the constitutional and statutory requirements governing apportionment; to explain how the current apportionment formula works in theory and in practice; to summarize recent challenges to it on grounds of unfairness; and to explain the reasoning underlying the choice of the equal
proportions method over its chief alternative, major fractions.
Mandatory Deportation of Criminal Aliens: Proposed Relief for Long-Term Residents
Several bills introduced during the 106th Congress would ease restrictions that deny aliens with criminal records a chance to have their ties to the U.S. considered before being deported. One of these bills, H.R. 5062 , passed the House September 19, 2000. Since the 1980s, Congress has made discretionary relief from deportation increasingly unavailable to aliens who have engaged in serious criminal conduct. In 1996, however, Congress broadened the automatic disqualification from relief to cover a much wider range of criminal activity than had been covered before. Furthermore, the...
The Religious Land Use and Institutionalized Persons Act of 2000
On September 22, 2000, President Clinton signed into law the "Religious Land Use and Institutionalized Persons Act" (RLUIPA). The measure is a truncated version of the "Religious Liberty Protection Act" ( H.R. 1691 ), which passed the House in 1999 but lost momentum after a dispute emerged over its effect on state and local civil rights laws. RLUIPA is the latest chapter in what has been a lengthy dispute over whether religious practices ought to be given special treatment by government and about Congress' constitutional authority to require state and local governments to do so. RLUIPA...
Electronic Communications Privacy Act of 2000 (H.R. 5018): Summary in Brief
The House Judiciary Committee approved the Electronic Communications Privacy Act of 2000 ( H.R. 5018 ) on September 26, 2000. The purpose of H.R. 5018 is to modify certain provisions of Title 18 relating to the interception of electronic communications, and to address some of the legal issues that the Internet raises. H.R. 5018 would (i) amend the laws governing how law enforcement may obtain non-content information under pen register/trap and trace statutes; (ii) extend the statutory exclusionary rule to electronic communications in transit (real-time), and to stored electronic...
This report discusses the appropriations act for FY2001, proposed budget includes $ 445 million in federal payments and assistance to the District of Columbia.
International Affairs Budget Trends, FY1980-FY2000
There have been sharp debates during recent years in Congress and differences between the executive and legislative branches on the appropriate level of funding for U.S. foreign policy programs. Especially since 1995, the President and some lawmakers have been critical of amounts ultimately enacted, charging that congressional cuts placed foreign policy spending far below "traditional" levels and jeopardized important U.S. economic, security, and diplomatic interests overseas. Foreign policy spending has grown the past three years, largely through approval of emergency supplementals...
Mexico's Presidential, Legislative, and Local Elections of July 2, 2000
Mexico held historic elections on July 2, 2000, that demonstrated Mexico's evolution toward fully democratic government since an opposition president was elected for the first time in 71 years. Coming after a series of electoral reforms in the 1990s, the elections were supervised by independent and widely respected Mexican electoral authorities, and were closely watched by party poll watchers, and domestic and international observers. Although polls suggested a close presidential race, final results showed Vicente Fox of the conservative Alliance for Change (PAN and PVEM)...
Community Development Block Grants: Funding and Other Issues in the 106th Congress
In this report Congress addresses a number of community development issues, including reauthorization of the CDBG and revision of the CDBG program definitions of entitlement communities and low- and moderate-income households. Congress also will consider legislation appropriating funds for the program for FY2001, including funding for a number of new initiatives proposed by the Clinton Administration.
H.R. 2909: Hague Convention Implementation Legislation
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("Convention") establishes uniform standards and procedures for the international adoption of children. The United States became a signatory to the Convention on March 31, 1994. In order to implement the provisions of the Convention, each signatory nation must enact domestic legislation to fulfill the treaty requirements. In the 106th Congress, several different bills have been considered: H.R. 2909 : the "Intercountry Adoption Act of 1999," and S. 682 and its companion bill, H.R. 2342 :...
An Overview of Supreme Court Search and Seizure Decisions from the October 1999 Term
In the October 1999 Term, the Supreme Court placed limits on the extent to which intrusions into reasonable privacy interests in a number of situations may withstand constitutional muster. Drawing upon Terry v. Ohio , 392 U.S. 1 (1968), and its progeny, the Court in Florida v. J. L. , ___ U.S. ___, 120 S. Ct. 1375 (2000), held that a stop and frisk may not be justified by an anonymous tip, without more, that a person in a given location and wearing specific clothes was carrying a gun. Such a tip merely provided identifying information about the subject, but lacked sufficient indicia...
The National Institutes of Health: An Overview
The National Institutes of Health (NIH) is the focal point for federal health research. An agency of the Department of Health and Human Services, it uses its $17.8 billion budget to support more than 50,000 scientists working at 2,000 institutions across the United States, as well as to conduct biomedical and behavioral research and research training at its own facilities. Components of the agency include 25 institutes and centers, each with a focus on particular diseases or research areas in human health. Recent budget growth has been significant despite caps on discretionary spending....
Religious Objections to Use of Social Security Numbers on Tax Returns
Social security numbers have been required on tax returns since the early 1960s. There are a number of citizens who have religious objections to participation in social insurance systems, and Congress has chosen to accommodate certain groups’ religious beliefs. Separately, there are other citizens who have religious objections to being identified by government-provided numbers, such as social security numbers, but to date Congress has not chosen to accommodate their beliefs. This paper briefly outlines the history of the requirements to use social security numbers on tax returns, discusses...
The Case of Elian Gonzalez: Legal Basics
The controversial and often impassioned immigration case of Elian Gonzalez ended the afternoon of June 28, 2000, when the six-year old Cuban boy returned home with his father. Elian's departure occurred seven months after the shipwrecked boy was brought to U.S. shores and less than an hour after a temporary injunction preventing his removal lapsed. Litigation over Elian's legal fate did not end until the day of his departure. Then, the Supreme Court declined to consider the rulings of the Eleventh Circuit Court of Appeals that allowed Elian's return. Earlier, the Eleventh Circuit had...
The President's Cabinet: Evolution, Alternatives, and Proposals for Change
The President's Cabinet is an institution whose existence rests upon custom rather than law. President George Washington found the Cabinet concept, a meeting of departmental secretaries, to be useful, and all subsequent Presidents have followed this precedent. Presidents have differed in their opinions as to the utility of the Cabinet, but all have found some political and administrative strengths in its continuance. This report discusses how membership in the Cabinet has changed over the decades. The selection and removal processes are examined as well as commentary on the Cabinet by...
The Open Skies Treaty: Observation Overflights of Military Activities
On March 24, 1992, the United States, Canada, and 22 European nations signed the Treaty on Open Skies. The United States officially ratified the treaty on November 3, 1993. The treaty has not yet entered into force, however, because Russia and Belarus have not yet ratified it. President Bush revived the Open Skies concept in May 1989. At the time, the United States believed that the Open Skies concept would reduce the chances of military confrontation and build confidence in Europe by providing participants with the ability to collect information about the military forces and activities...
Virtually all political organizations are "section 527" political organizations, which means that they are tax-exempt. 527 organizations are created to influence the election or defeat of public officials. This report compares the tax and election laws relating to political organizations and political committees prior to the enactment of P.L. 106-230 in an attempt to highlight the differences between them, and discusses some of the proposals in the 106th Congress to require additional reporting by organizations engaging in political activities. This report does not address the taxation of...
Economic Indicators: Country Comparisons
Policymaking in this time of globalization often requires information about the economic output of various countries, how those countries' economies compare with one another, and where the United States stands relative to the rest of the world. This report provides a summary of output measures, explaining their strengths and weaknesses, and various cross-country comparisons. It does not delve into any of several other measures of economic performance that also may be of use depending on the focus of a particular line of inquiry. Although perhaps seemingly straight forward, comparing the...
The Earned Income Tax Credit: Current Issues and Benefit Amounts
The earned income tax credit (EITC), established in the tax code in 1975, offers cash aid to working parents with relatively low incomes who care for dependent children. The EITC is the only federal cash aid available to all working poor families with children. For eligible filers with income tax liability, the EITC reduces their taxes.
The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Although many observers believe that the patent law plays a significant role in the biotechnology industry, two principal issues have arisen regarding biotechnology patenting. First, observers have fundamentally questioned...
National Missile Defense and Early Warning Radars: Background and Issues
The Clinton Administration is scheduled to decide by Fall 2000 whether the United States should begin deploying a National Missile Defense (NMD) system. This system could achieve initial operational capability by 2005 and would be designed to protect the United States from a limited attack by intercontinental ballistic missiles (ICBMs). As currently envisioned, the NMD system would operate as an integrated system that would rely on a variety of sensors to detect and track incoming missiles. One key program element is to upgrade the existing Early Warning Radars (EWR) so that they can...
Elementary and Secondary School Teachers: Action by the 106th Congress
The quality and quantity of public elementary and secondary school teachers are of increasing concern to the 106th Congress. Although states and localities are responsible for most aspects of teacher preparation, recruitment, and employment, the federal government supports a wide array of programs for teachers. Several of these programs are being considered for amendment and extension by the 106th Congress including the Eisenhower Professional Development program and the Class Size Reduction program. The 106th Congress has before it a wide array of legislative proposals to address teacher...
Farm Economic Relief: Issues and Options for Congress
This report discusses issues regarding Agriculture funding and subsidies. In response to low prices, natural disasters, and other farm-related problems, Congress has, over 3 successive years, provided a total of about $23 billion in supplemental aid – in addition to funds already programmed through the 1996 farm bill (P.L. 104-127). The most recent aid was attached to a crop insurance reform bill signed into law on June 22, 2000 (P.L. 106-224). This Agriculture Risk Protection Act of 2000 includes $7.113 billion for additional farm income and related assistance, of which $5.5...
Prayer and Religion in the Public Schools: What Is, and Is Not, Permitted
A recurring and politically volatile issue in constitutional law concerns the standards imposed by the religion and free speech clauses of the First Amendment on government involvement with religious activities and beliefs in the public schools. In pertinent part the First Amendment provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech...." Because each of these clauses is worded as an absolute, it is sometimes ambiguous whether governmental involvement in a given situation is...
Conventional Arms Transfers to Developing Nations, 1992-1999
This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world. The data in the report illustrate how global patterns of conventional arms transfers have changed in the post-Cold War and post-Persian Gulf War years.
Sections 301 through 309 of the Trade Act of 1974 (as amended), commonly referred to as Section 301 , are one of the principal means by which the United States seeks to address "unfair" foreign barriers to U.S. exports and enforce U.S. rights under trade agreements. U.S. membership in the World Trade Organization (WTO) has raised congressional concern over the ability of the United States to effectively use its trade laws to combat unfair foreign trade practices. This report describes the Section 301 process (including the related Special 301 and Super 301 processes) and...
China: The National People’s Congress
The National People’s Congress (NPC), a unicameral legislature, is the People’s Republic of China (PRC)'s counterpart to the U.S. Congress. In recent years, there has been increasing interaction between the two legislatures. This report briefly considers recent developments in the NPC, describes how the NPC works, and discusses exchanges between the two congresses.
France and the United States: Allies and Rivals
France, while a key ally, has developed policies in pursuit of its national interests that challenge the United States on issues of importance to both countries. The end of the Cold War has altered a balance that once placed security above political and economic competition. The leading European Union members, including France, are enhancing political cooperation, raising questions about traditional areas of U.S. leadership in Europe. At the same time U.S. and French interests often intersect, and the two countries cooperate in important endeavors. France, like the United States,...
The Chinese Internet industry is one of the fastest growing in the world; the number of users is expected to grow from 9 million to nearly 20 million in 2000 alone. Chinese scientific research institutes, the Chinese government, and Chinese high tech entrepreneurs, many of them backed by American venture capital, have forged the development of the Internet in China. Upon its accession to the World Trade Organization (WTO), China has promised to open its telecommunications sector and Internet industry to much greater foreign investment and trade. The government of the PRC (People's...
Involuntary Reserve Activations For U.S. Military Operations Since World War II
Since World War II, reservists have been involuntarily ordered to active duty for military operations nine times: during the Korean War (1950-1953), the Berlin Crisis (1961-62), the Cuban Missile Crisis (1962), the Vietnam War (1968-1969), the Persian Gulf War (1990-91), the intervention in Haiti (1994-1996), the Bosnian peacekeeping mission (1995-present), the Iraqi conflict (1998- present), and the Kosovo conflict and peacekeeping mission (1999-present). This report provides a summary of the circumstances surrounding the activation, the statutory authority used to activate the...
China: Ballistic and Cruise Missiles
The People's Republic of China (PRC) is believed to have deployed a nuclear-armed missile force of over 100 nuclear warheads, with additional warheads in storage. Deployed in the People's Liberation Army (PLA)'s Second Artillery, the nuclear-armed ballistic missiles currently launch single warheads. China's nuclear-armed missile force is deployed with about 25 launchers for the limited-range DF-4 intercontinental ballistic missile (ICBM), about 25 launchers for the long-range DF-5A ICBM, about 40 launchers for the older DF-3A medium-range ballistic missile (MRBM), and about 50 launchers...
China: Ballistic and Cruise Missiles
This CRS report contains three parts. The first part discusses ballistic missiles of the People’s Republic of China (PRC). The second discusses the PRC’s cruise missiles. The last section offers concluding observations. Two tables summarize the discussion on current ballistic and cruise missiles in service or under development. The appendix, prepared by Robert Shuey, discusses China’s reported application of global positioning system (GPS) technology to improve the accuracy of its missiles. This report focuses on the status and current developments of China’s missile programs, rather than...
Latin America: Overview of Legislative Issues for Congress in 2000
In the second session of the 106th Congress, policymakers are facing an assortment of issues in U.S.-Latin American relations, ranging from such broad topics as trade policy and anti-drug policy to country-specific issues involving Colombia, Cuba, Haiti, and Mexico. In the trade arena, Congress has completed action on an initiative begun last year to provide preferential tariff treatment for countries of the Caribbean and Central America because of concerns that these countries are losing U.S. trade and investment opportunities to Mexico because of NAFTA. With regard to anti-drug policy,...
Japan's Telecommunications Deregulation: NTT's Access Fees and Worldwide Expansion
In July 2000, the United States and Japan reach a negotiated settlement on Japan's costly rates for telecommunications companies to hook into the telephone network owned by the Nippon Telegraph and Telephone Company (NTT), Japan's dominant provider of telecom services. Japan agreed that NTT would lower its rates for regional access by 50% and local access by 20% over two years. NTT also is attempting to acquire Verio, an Internet service provider in the United States.
Authority of a President to Modify or Eliminate a National Monument
President Clinton created a number of new national monuments, using authority given the President under the Antiquities Act of 1906. Many of the designations were controversial and renewed discussion of that Act and whether a President can modify or eliminate a Presidentially created national monument. This report examines that question. The report is not expected to be updated.
Armed Conflicts in the World Since the End of the Cold War (1989 - Present)
This report contains a compiled list of wars and armed conflicts in the world -- both civil and inter-state -- that began after 1989 or were in progress at that date. Because of definitional problems related to classifying wars, this information should be used with some caution. This report includes lists arranged both chronologically and alphabetically.
The Use of Labor Union Dues For Political Purposes: A Legal Analysis
Under union shop agreements, labor unions must establish strict safeguards and procedures for ensuring that non-members’ dues are not used to support certain political and ideological activities that are outside the scope of normal collective bargaining activities. The “union shop” or “agency shop” agreement essentially provides that employees do not have to join the union, but must support the union in order to retain employment by paying dues to defray the costs of collective bargaining, contract administration, and grievance matters.
In a line of decisions, the Supreme Court has...
Electric-Drive Propulsion for U.S. Navy Ships: Background and Issues for Congress
The Navy in January 2000 selected electric-drive propulsion technology for use on its planned next-generation DD-21 land-attack destroyer and is considering it for use on other kinds of Navy ships as well. Electric drive poses issues for Congress concerning its costs, benefits and risks, and how the technology should be integrated into the DD-21 program or other ship-acquisition programs. Several foreign countries are developing or using electric drive in commercial or naval ships. The U.S. Navy's electric-drive development effort centers on the Integrated Power System (IPS) program....
Nuclear Weapons and Ballistic Missile Proliferation in India and Pakistan: Issues for Congress
The Indian and Pakistani nuclear tests of May 1998 ended South Asia's condition of "existential" deterrence. Both countries now have overt nuclear postures, and U.S. concerns in the region have focused on preservation of global nonproliferation regimes and related efforts, prevention of an arms race in South Asia, and movement toward reconciliation between India and Pakistan, especially on their mutual differences over the area of Kashmir. The "benchmarks" which provide a framework for U.S. policy in this area encompass key aspects of nonproliferation efforts. Progress toward stated...
National Guard and Reserve Funding, FY1990-2001
This report provides data on trends in funding for the National Guard and Reserve components of the U.S. Armed Forces from FY1990-FY2001. The percentage of National Guard and Reserve (NG&R) funding has held fairly steady over this period at 7-8% of the Department of Defense (DOD) budget. The NG&R budgets range from a high of $28.2 billion in FY1992 to a low of $22.7 Billion in FY1997, as measured in constant FY2001 dollars. Personnel end-strength for the NG&R has decreased from a high of 1,154,570 service members in FY1991 to a low of 870,917 in FY1999. This is a 33% decline over that...
The Bradley Amendment: Prohibition Against Retroactive Modification of Child Support Arrearages
The Bradley Amendment prohibits the retroactive State modification of child support arrearages. Under current law, no matter what the circumstances, a State cannot modify delinquent child support obligations. The Amendment has come under criticism by noncustodial parent advocacy groups because of the inflexibility of its application. Supporters of the Amendment argue that it prevents affluent parents from avoiding delinquent child support obligations. Pending legislation in the 106th Congress, while not repealing the Amendment, would have the effect of modifying the application of the...
In Vermont Agency of Natural Resources v. United States ex rel Stevens , the Supreme Court considered whether states are "persons" under the False Claims Act (FCA). The Court also addressed the much broader question of whether qui tam relators meet Article III standing requirements. Analyzing the text of the Act as well as the long history of qui tam actions, the Court ruled that while relators do have Article III standing, the False Claims Act does not subject states to liability.
Supreme Court Opinions: October 1999 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 1999 Term through the end of the Term on June 28, 2000. The purpose is to provide a quick reference guide for identification of cases of interest. These synopses are created throughout the Term and entered into the CRS Home Page on the Internet (http://www.loc.gov/crs/legal/99_term.html).The report supersedes an earlier cumulation issued as a general distribution memorandum dated March 10, 2000. Included are all cases decided by signed opinion and selected cases decided per curiam . Not...
EPA's Total Maximum Daily Load (TMDL) Program: Highlights of the Final Revised Rule
On July 11, the Administrator of the Environmental Protection Agency (EPA) signed a final rule making revisions to existing EPA regulations that implement a program in the Clean Water Act intended to improve the quality of waterways that have not yet attained applicable standards. The rule requires states to implement plans to clean up these polluted waters. From the August 1999 proposal of this rule through the Administrator's signature, EPA's actions have been controversial. Most recently in Congress, at the end of June, the House and Senate approved a provision in an appropriations...
The Goldwater-Nichols Department of Defense Reorganization Act (GNA) of 1986, commonly called the Goldwater-Nichols Act, is considered landmark legislation as it reorganized the Department of Defense (DoD) to a more unified military structure. Joint personnel officer management (organizing, directing, educating and evaluating military members of two or more military departments to accomplish an assigned mission) was established as a major aspect of GNA's design to improve war- fighting capabilities. The objective was to improve the quality of officers assigned to joint organizations,...
H.R. 1304 , "Quality Health-Care Coalition Act of 1999," amended and passed by the House on June 30, 276-136, would enable health-care professionals to negotiate jointly with non-federally affiliated health plans concerning "the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan" (except that discussions about requiring abortion coverage are exempt from the negotiation exemption), thus altering existing antitrust law so that joint negotiation by health-care entities that, but for their joint activity,...
Voting in Primary Elections: State Rules On Participation
This report summarizes information for the states and the District of Columbia concerning voting participation in primary elections. Procedures vary from state to state concerning who is eligible to vote in primary elections, depending on whether the state has an open primary (a voter has the option of choosing either party ballot in the secrecy of the polling booth) or a closed primary (a voter must register with a political party before the election to be eligible to vote or must publicly choose a party ballot at the polling place). At present, 12 states have open primaries and 38 states...
China's Automobile Industry and WTO Accession
Within the next ten years, China (PRC) is expected to have a significant market for passenger cars. China's accession to the World Trade Organization (WTO) and permanent normal trade relations (PNTR) status would promise to open this market to foreign trade and investment. However, American automobile and parts manufacturers face several obstacles in their efforts to gain market share in China. First, American companies in China, such as General Motors and DaimlerChrysler, face stiff competition from German, Japanese, and Korean producers. Second, although the PRC pledges to reduce or...
Capital Punishment: Summary of Supreme Court Decisions During the 1999-00 Term
With the exception of the Supreme Court's ruling in Williams v. Taylor, (1) the Court did not find any serious reversible error in the lower courts' opinions reviewed during the 1999-2000 term that relate to capital punishment. In Ramdass v. Angelone, (2) it was decided that a habeas corpus petitioner could not obtain relief from his death sentence on the ground that the state courts should have taken a less technical approach to determining whether he was entitled to have the penalty phase jury instructed that he would be ineligible for parole if the jury recommended a...
Early in each new session of Congress, the Administration routinely submits requests for supplemental appropriations for the current fiscal year. By late April 2000, through several submissions to Congress, President Clinton had requested $5 billion in FY2000 supplemental appropriations, including $955 million for a counternarcotics initiative in Colombia and the Andean region, about $2 billion for DOD peacekeeping operations in Kosovo, $600 million for diplomatic support and economic aid related to Kosovo and the Balkans, $210 million for poor country debt relief, $600 million for home...
This report summarizes information and observations from a research trip to Thailand conducted May 27-June 5, 2000, with supplementary material from other sources. This report provides an overview of Thailand's relations with the United States, recovery from the financial crisis, and problems with Burma (Myanmar) centered on illegal drug trafficking and refugees. Thailand is of interest to the United States at this time because its apparent economic recovery can be a bellwether for the region and the country is facing a threat to its national security from the narcotics trade and refugees...
Albania: Country Background Report
This report discusses the economic and political status of Albania in the year 2000, notably focusing on certain important events throughout the 1990s, such as the Kosovo Crisis and the rise to power of the Socialist Party in 1997.
Child Care: The Federal Role During World War II
During World War II, the federal government supported a nationwide program of child care centers, intended to boost war production by freeing mothers to work. Labor force participation of women grew significantly during the war, and children of working mothers were eligible for the child care service. The centers had a peak enrollment near 130,000 children in 1944. After the federal subsidy ended in February 1946, California, New York City and Philadelphia were the only locations to use public funds to continue child care programs indefinitely. This report describes federal child...
Albania: Country Background Report
Albania has avoided direct involvement in neighboring Balkan wars, but continues to seek political stability and economic recovery. In 1998 and 1999, Albania was on the front line of the Kosovo crisis that culminated in the NATO air campaign against Yugoslavia. Over 400,000 Kosovar Albanian refugees flooded across the border into Albania, though most have since returned to Kosovo under an international protectorate. Albania strongly supported the NATO operation and seeks closer integration with the alliance and with the European Union. In early 1997, Albania went through a major financial...
Civil Service Retirement Bills in the 106th Congress
Among the civil service retirement issues addressed in bills introduced thus far in the 106th Congress are the correction of retirement coverage errors for federal employees assigned to the wrong retirement system; immediate eligibility for federal employees to participate in the Thrift Savings Plan (TSP); improved portability of pension benefits; and repeal of the temporary increase in employee retirement contributions that was mandated by the Balanced Budget Act of 1997. Other bills would expand TSP eligibility to include members of the armed services; improve pension coverage for...
Child Support Enforcement and Visitation: Should There be a Federal Connection?
From time to time, the issue arises of whether the federal Child Support Enforcement (CSE) program should be actively involved in enforcing visitation rights. Both federal and state policymakers agree that denial of visitation rights should not be considered a reason for stopping child support payments. Historically, Congress has treated visitation and child support as legally separate issues, with only child support enforcement activities under the purview of the federal government. However, Census Bureau data (1995) show that noncustodial parents are more likely to make payments of...
Federal R&D, Drug Discovery, and Pricing: Insights from the NIH-University-Industry Relationship
Interest in methods to provide drugs at lower cost, particularly for the elderly, has rekindled discussion over the role the federal government plays in facilitating the creation of new pharmaceuticals for the marketplace. This report explores the issue of whether or not the substantial federal investment in health-related research and development (R&D) entitles the public to commensurate consideration in prices charged for any resulting drugs. It is intended to provide the reader with an understanding of the rationale for government support of R&D and subsequent efforts to...
Brazil's Economic Reform and the Global Financial Crisis
Despite backing from the International Monetary Fund (IMF), capital flight from Brazil in 1998 prompted the government to jettison its pegged currency stabilization program and float the real on January 15, 1999, becoming another casualty of the volatile international capital markets. Brazil adjusted to its financial crisis faster than expected, which is now considered over. This report provides a final summary of Brazil's financial crisis and related IMF assistance in support of congressional interest in various aspects of the 1990s global financial turmoil. It will not be updated.
On December 29, 1999, the Federal Communications Commission (FCC) released an order approving the license transfer of WQEX--a noncommercial educational television station--from WQED (the license holder) to Cornerstone Television, Inc, a broadcaster that engages primarily in religious programming. In approving the transfer, the FCC issued "additional guidance" on the educational programming requirements applicable to noncommercial educational (NCE) television licensees and concluded that "programming primarily devoted to religious exhortation, proselytizing, or statements of personally held...
United Arab Emirates: U.S. Relations and F-16 Aircraft Sale
The Crown Prince of Abu Dhabi the capital of the United Arab Emirates (UAE) visited the United States on May 12, 1998, announcing during the visit that the UAE had decided to purchase 80 U.S.-made F-16 fighter aircraft. Differences over the technology to be included on the aircraft held up completion of the sale until mid-2000. On April 27, 2000, the formal statutory notification of the aircraft sale occurred. After the conclusion of the 30-day congressional review period at the end of May 2000, the President was authorized to proceed with the sale. In a broader context, security...
Japan's Landmark Financial Deregulation: What It Means for the United States
Major financial deregulation is underway in Japan that could have far-reaching implications for U.S.-Japan economic relations. The process has been accelerating since the so-called "Big Bang" announcement by former Prime Minister Hashimoto in November 1996 calling for the realignment of Japan's financial markets to make them comparable to those of Europe and the United States. The reform process includes allowing financial institutions to establish holding companies and enter heretofore prohibited lines of business. It also is expected to open markets to more foreign participation. Along...
The Americans with Disabilities Notification Act, H.R. 3590, 106th Congress
The Americans with Disabilities Act (ADA), 42 U.S.C. ¿12101 et seq., provides broad nondiscrimination protection in employment, public services, public accommodation and services operated by private entities, transportation, and telecommunications. H.R. 3590 , 106th Congress, the ADA Notification Act, would amend title III of the ADA, which contains the provisions relating to public accommodations, to require that a plaintiff provide 90 days notice to the defendant prior to filing a complaint. Hearings were held on May 18, 2000. This report will be updated as necessary.
EPA's Tier 2 Emission Standards for New Motor Vehicles: A Fact Sheet
The Clean Air Act Amendments of 1990 established "Tier 1" standards to limit tailpipe emissions from new motor vehicles. The law also required the Environmental Protection Agency (EPA) to determine if stricter controls would be necessary by model year (MY) 2004 to assist states in attaining or maintaining the National Ambient Air Quality Standards. EPA also was required to assess the availability and cost-effectiveness of technologies necessary to control emissions. In a report submitted to Congress in August 1998, EPA concluded that tougher standards are necessary and that essential...
Greece: Election and Aftermath
Prime Minister Simitis of Greece called an early election for April 9, 2000 because he believed that his government's achievement in meeting the criteria for entry into the European Monetary Union (EMU) would return his PanHellenic Socialist Movement (PASOK) party to power. PASOK's narrow victory endorsed Simitis's decision, but the opposition New Democracy's (ND) strong showing also validated Costas Karamanlis's leadership of that party. The election continued a trend toward bipolarism, as votes for smaller parties, except for the Communists, declined appreciably. Simitis reappointed...
Medicare: Prescription Drug Proposals
This report provides an overview of the President’s plan and the legislation introduced to date in the 106th Congress. It
The International Monetary Fund: An Overview of Its Mission and Operations
The International Monetary Fund (IMF) is the institution designed to support global trade and economic growth by helping maintain stability in the international financial system. Originally created to finance short-term balance of payments deficits during the Bretton Woods era of gold/dollar fixed exchange rates (1944-1971), in the current world where flexible exchange rates dominate in the industrial economies, it has focused on developing countries where ever larger financial crises have erupted. As part of the periodic IMF quota review process, the U.S. Congress in October 1998...
Civil Asset Forfeiture Reform Act of 2000: Overview of Public Law 106-185
Forfeiture has long provided both a deterrent against crime as well as a form of punishment for the criminal. (1) Federal confiscation procedures, however, were sometimes seen to be unfair. Public Law No. 106-185, signed into law by President Clinton on April 25, 2000 is intended to make, federal forfeiture procedures more fair and yet more effective. The Act will raise the standards the government must meet when it seeks to take property from private citizens suspected of drug trafficking or other crimes. Some of the major changes made by the Act which were the result of a compromise...
Social Security Reform: The Issue of Individual Versus Collective Investment for Retirement
This report discusses a myriad of issues have been raised in the current Social Security debate, in particular the question of whether and how the nation’s financial markets might be used to reform the system.
China's Accession to the World Trade Organization: Legal Issues
The People's Republic of China (PRC) applied to resume membership in the General Agreement on Tariffs and Trade (GATT) in 1986 and continues to negotiate its accession to GATT's successor, the World Trade Organization (WTO). A country may join the WTO on terms agreed by the applicant and WTO Members if two-thirds of Members approve the country's accession agreement. A Member may "opt out" of WTO relations with another country by invoking Article XIII of the WTO Agreement, its "non-application" clause. The United States and the PRC agreed to bilateral terms for the PRC's accession in...
Patents on Methods of Doing Business
The decision of the United States Court of Appeals for the Federal Circuit in State Street Bank & Trust Co. v. Signature Financial Group , 149 F.3d 1368 (Fed. Cir. 1998), held that inventors may obtain patents on methods of doing business. Subsequent judicial opinions have confirmed this holding. Recently issued patents in fields such as architecture, investment, marketing, psychological analysis and sports methods also suggest that inventions from virtually any human endeavor may be the subject of proprietary rights through the patent system. Since State Street Bank , proprietors of...
The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law
The Posse Comitatus Act outlaws willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an Act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless violation of more explicit constitutional command could also be shown. The provision for express constitutional authorization when in fact the Constitution contains no such...
Olmstead v. L.C.: Implications and Subsequent Judicial, Administrative, and Legislative Actions
The Supreme Court ruled in Olmstead v. L.C. that Title II of the Americans with Disabilities Act (ADA) requires states to transfer individuals with mental disabilities into community settings rather than institutions when a state treatment professional has determined the appropriateness of such an environment, the community placement is not opposed by the individual with a disability, and the placement can be reasonably accommodated. The Health Care Financing Administration (HCFA), as a response to the Supreme Court's decision, sent a letter to states on January 14, 2000 outlining...
On April 13, 2000, the Congressional Research Service sponsored a policy seminar, for Members of Congress and staff, entitled "Defense Outsourcing: OMB Circular A-76 and Options for Congress." This report summarizes that seminar. The Office of Management and Budget (OMB) Circular A-76 has long been viewed, by some, as a management reform tool to facilitate government outsourcing. The policy of transferring to the private sector functions performed by government employees dates back to the Eisenhower Administration. In 1966, the effort was codified through OMB Circular A-76. Executive...
P.L. 106-58 ( H.R. 2490 ), signed by the President September 29, 1999, to fund the Department of the Treasury, the Executive Office of the President, several independent agencies and to provide partial funding for the U.S. Postal Service. The act funds the accounts at $27.99 billion, including mandatories (before scorekeeping by the Congressional Budget Office (CBO)). The consolidated FY2000 funding measure, P.L. 106-113 , signed November 29, 1999, requires a cut by 0.38% in all accounts. The administration's budget, to be submitted in early February, will contain a report on the exact...
United States v. Morrison: The Supreme Court Declares 42 U.S.C. Section 13981 Unconstitutional
In United States v. Morrison , the Supreme Court considered the constitutionality of 42 U.S.C. Section 13981, which provided a federal civil cause of action to any victim of gender-motivated violence. Analyzing Section 13981 according to the framework delineated in United States v. Lopez , the Court held that gender motivated violence is not a commercial activity and is not substantially connected to interstate commerce, rendering the statute invalid under the Commerce Clause. The Court further determined that, since it targeted private actors, Section 13981 was outside the scope of the...
Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress
Thirty-three states have added a victims rights amendment to their state constitutions. Both House and Senate Judiciary Committees have held hearings on similar proposals to amend the United States Constitution, in the Senate on S.J.Res. 3 introduced by Senator Kyl for himself and Senator Feinstein and in the House on H.J.Res. 64 introduced by Representative Chabot. The Senate Committee has reported out S.J.Res. 3 , S.Rept. 106-254 , and the Senate debated the measure for two days in April.
The proposed amendment defines the participation of crime victims in state and federal...
Biennial Budgeting: Background and Legislative History in the 106th Congress
Proposals for a two-year budget cycle have previously been reported in the Senate in 1988, 1990, 1994, and 1997. Another such proposal, S. 92, was reported by the Senate Governmental Affairs Committee on March 10, 1999 (S.Rept. 106-12). S. 92 calls for the House and Senate to use the first year of each Congress to consider a two-year budget resolution and two-year appropriation bills, and the second year to consider multiyear authorizations and conduct oversight. More recently, biennial budgeting has also been a topic of interest in the House where the Rules Committee conducted a series of...
Renewed Chechnya Conflict: Developments in 1999-2000
Russia began military airstrikes and a ground campaign in Chechnya in late September 1999, about 3 years after fighting in 1994-1996 had ended with peace accords. The renewed campaign began after Chechen guerrillas had attacked the neighboring Dagestan region of Russia and had been accused of bombing several apartment buildings in Moscow and elsewhere, killing hundreds. Chechnya's President Aslan Maskhadov denied that his government was involved in this violence, but he appeared to have scant authority over many guerrillas. Russian fighting in Chechnya has resulted in thousands of...
Legislation to Prevent Cybersquatting/Cyberpiracy
The Anticybersquatting Consumer Protection Act is Title III of S. 1948, 106th Congress, the Intellectual Property and Communications Omnibus Reform Act of 1999, which was incorporated into H.R. 3194 , 106th Congress, the Consolidated Appropriations Act for FY2000. S. 1948 was enacted as the final appendix to P.L. 106-113 (1999). The problem that this bill is intended to address is a "new form of piracy on the Internet caused by acts of 'cybersquatting,' which refers to the deliberate, bad-faith, and abusive registration of Internet domain names in violation of the rights of trademark owners."
Anti-Ballistic Missile Treaty Demarcation and Succession Agreements: Background and Issues
This report discusses the content of and issues related to the ABM Treaty Succession and Demarcation Agreements signed in September 1997.
Anti-Ballistic Missile Treaty Demarcation and Succession Agreements: Background and Issues
In September 1997, the United States and Russia signed several agreements related to the 1972 ABM Treaty. The Clinton Administration has stated that it will submit these agreements to the Senate as amendments to the ABM Treaty after the Russian parliament approves the START II Treaty. The Memorandum of Understanding on Succession responds to questions about the legal status of the ABM Treaty after the demise of the Soviet Union; it names Russia, Ukraine, Belarus, and Kazakhstan as the successors to the Soviet Union for that agreement. Together, these states can deploy the single ABM site...
Forest Service Receipt-Sharing Payments: Proposals for Change
In lieu of property taxes, the Forest Service generally shares 25% of receipts from the sale, lease, rental, or other use of the national forests to the states for use on roads and schools in the counties where the national forests are located. This report discusses concerns about the equity and stability of Forest Service receipt-sharing payments, especially with the decline in timber sales over the past decade, and about the incentives of the current system.
The Religious Liberty Protection Act: Background and Current Status
On July 15, 1999, the House adopted a slightly modified version of H.R. 1691 , the "Religious Liberty Protection Act" (RLPA), by a vote of 306-118.. Prior to final passage the House rejected an amendment to limit RLPA's application with respect to certain state and local nondiscrimination measures, 190-234. The bill (along with a modified Senate version , S. 2081 ) now awaits action in the Senate. RLPA is part of an ongoing conversation between Congress and the Supreme Court about whether religious practices ought to be given special treatment by government and about Congress' power to...
Management of U.S. Fisheries for Highly Migratory Species
Domestic and international management of highly migratory fish species ( e.g. , marlin, sailfish, swordfish, shark, and tuna) is complex and controversial because these species migrate across many jurisdictions and are caught in various fisheries where commercial and sport fishermen compete for harvests. Increasing environmental concern and user competition for a shrinking resource have led groups to ask Congress to consider several initiatives that would modify how the United States manages these fisheries. Domestically, the National Marine Fisheries Service and regional fishery...
Coping with High Oil Prices: A Summary of Options
A near tripling in the price of crude oil from March 1999 to the first months of 2000, coupled with other developments, initially brought about sharp increases in the price of home heating oil and diesel fuel, which are essentially the same product. Gasoline prices then increased. These developments brought about discussion of what might be done to mitigate price increases and possible spot shortages, and what might be done to prevent a similar situation in the future.
Presidential Elections in the United States: A Primer
Every four years, Americans elect a President and Vice President, thereby choosing both national leaders and a course of public policy. The system that governs the election of the President combines constitutional and statutory requirements, rules of the national and state political parties, political traditions, and contemporary developments and practices. As initially prescribed by the Constitution, the election of the President was left to electors chosen by the states. Final authority for selecting the President still rests with the electoral college, which comprises electors from...
Mozambique and Other Recent Flood Disasters: Comparing the U.S. and International Responses
Some have criticized the U.S. response to the recent floods in southern Africa. Their concern has been that the U.S. response has been too little and too late in comparison with disasters in other parts of the world. U.S. spokesmen argue that their response has been appropriate and timely with contributions to Mozambique of over $32 million and additional contributions to the region of over $40 million. The U.S. government has responded to eight flood disasters thus far in FY2000 in addition to the current flooding in southern Africa. This report and the table on p. 6 compare the U.S. and...
START II Debate in the Russian Duma: Issues and Prospects
The 1993 START II Treaty would limit the United States and Russia to 3,500 warheads on their strategic offensive forces. It would also ban all land-based missiles with multiple warheads (MIRVed ICBMs). In September 1997, the United States and Russia signed a Protocol extending the elimination deadlines in START II from the beginning of the year 2003 to the end of the year 2007. The two nations also agreed that they would begin negotiations on deeper reductions in a START III Treaty as soon as START II entered into force. The United States Senate gave its consent to the ratification of...
Thirty-three states have added a victims' rights amendment to their state constitutions. Similar proposals have been made to amend the United States Constitution, including S.J. Res. 3 and H.J. Res. 64 in this Congress. Proponents claim an amendment is necessary to balance the rights of victims with those afforded the accused in the criminal justice system, to make protection of victims' rights and remedies uniformly available, and to replace inadequate enforcement mechanisms. Opponents claim an amendment would flood the courts with litigation, would undermine the rights of the...
Asbestos Compensation Act of 2000
This report summarizes H.R. 1283 , 106th Congress, the Asbestos Compensation Act of 2000, as ordered to be reported with amendments by the House Committee on the Judiciary on March 16, 2000. The bill would create an administrative procedure for asbestos liability claims.
Military Personnel and Food Stamps
In response to reports that members of the U.S. armed services qualify for and receive food stamps, there have been calls for a policy response to reduce or eliminate member eligibility. The desirability of such a response has been questioned, however, on several grounds, including cost and its potential affects on Department of Defense (DoD) personnel policy. This report examines the possible extent of service-member participation in the food stamp program and provides background information on several aspects of the policy debate. Quantitative estimates of military participation and...
Suspending the Gas Tax: Analysis of S. 2285
S. 2285 proposes to temporarily suspend the federal excise tax on gasoline, diesel, aviation fuel, and certain other motor fuels, which varies by type of fuel and fuel use. The suspension would be for at least 4.3¿/gallon. It would begin on April 16, 2000, and last through December 31, 2000. Thus, on April 16, 2000 the gasoline tax would decline from 18.4¿/gallon to 14.1¿/gallon; the diesel fuel tax would decline from 24.4¿/gallon to 20.1¿/gallon. The bill also provides for a suspension of almost the entire federal tax if two conditions are met: 1) the national average price of unleaded...
Asian Financial Crisis and Recovery: Status and Implications for U.S. Interests
In terms of broad economic measurements, the Asian financial crisis largely has ended, but the surprisingly swift recovery has left lingering economic and political problems that still could have negative effects on U.S. interests. The economies that suffered most from the crisis that began with the collapse of the Thai baht in July 1997 have regained positive economic growth, bolstered their trade positions, sharply reduced interest rates, and rebuilt their international financial reserves. At the same time, the recovery has been uneven and most of the IMF-assisted...
The Copyright Doctrine of Fair Use and the Internet: Caselaw
This report examines the evolving copyright doctrine of fair use within the context of copyrighted works published or placed on the Internet. American courts have been examining the various property rights of copyright owners concurrently with the unauthorized use of these copyrighted materials by Web site operators, Internet consumers, access providers, and other interested parties. This report analyzes the early fair use copyright cases concerning Internet use, as well as the most recent judicial interpretations.
Civil Asset Forfeiture Reform Act: Overview of S. 1931 and H.R. 1658, 106th Congress
Difficulties still persist for the innocent-third-party who tries to justify his/her rights in seized property due to its association with criminal conduct. On May 4, 1999, Representative Henry Hyde introduced H.R. 1658 (Civil Asset Forfeiture Reform Act) which, among other purposes, is designed to provide a more uniform procedure for Federal civil forfeitures. As reported out of the House Committee on the Judiciary on June 18, 1999, the bill's main effect would provide greater safeguards for property owners and make the Government's job of justifying the seizure more difficult. Among...
Military Technicians: The Issue of Mandatory Retirement for Non- Dual-Status Technicians
Military technicians are federal civilian employees who provide support primarily to wartime deployable reserve units. Unlike regular civilian employees, military technicians are generally required to maintain membership in the Selected Reserve as a condition of their employment. These technicians are referred to as "dual-status" technicians, reflecting their status as both federal civilian employees and military reservists. The intent of this requirement is to guarantee that when a reserve unit is mobilized, the military technicians who support that unit will be mobilized as well....
Precision Agriculture: A Primer
Precision Agriculture is an emerging high-technology agricultural management system. Congressional interest centers on federal support for research on Precision Agricultural and its enabling technologies. This report includes a brief description and background overview of the current status and development trends of precision agriculture in the United States. It also contains a glossary of related terms to assist readers unfamiliar with this topic, which is of growing importance in production agriculture. This report is designed to provide basic information on this method of production...
Narcotics Certification of Drug Producing and Trafficking Nations: Questions and Answers
An important element of U.S. international narcotics control strategy involves the threat of, or application of, sanctions against major illicit drug producing or trafficking nations. These range from suspension of U.S. foreign assistance and preferential trade benefits to curtailment of air transportation. Sections 489 and 490 of the Foreign Assistance Act of 1961, as amended, require the President to submit to Congress by March 1 each year a list of major illicit drug producing and transiting countries that he has certified as fully cooperative and therefore fully eligible to...
Russian Presidential Election: 2000
Russian President Boris Yeltsin's resignation at the end of 1999 elevated his little-known Premier, Vladimir Putin, to Acting President and set the scene for a presidential election on March 26, 2000 that Putin is considered certain to win. There is uncertainty in Russia and the West as to what sort of leader Putin might be. Some view him as an authoritarian, others as a pragmatic reformer. There is evidence to support either view. The character and policies of post-Yeltsin Russia affect a variety of important U.S. political, military, and economic interests.
Israel: Missile Defense Cooperation With the United States
The growing number and sophistication of ballistic missile threats in the Middle East has prompted the United States to help Israel develop several missile and rocket defense programs. The centerpiece of these efforts, the Arrow Weapons System, has demonstrated successes in tests and Israel unveiled it to the public on March 14, 2000. Some argue that these efforts cannot guarantee Israel's security, and that Israel's national interests are better served by peace agreements with its neighbors and other measures. Others believe that even if peace agreements are achieved, Israel will need a...
Property Rights: Comparison of H.R. 2372 as Passed and S. 1028 as Introduced
On March 16, 2000, the House of Representatives passed 226-182 the “Private Property Rights Implementation Act” -- H.R. 2372 . (1) The bill would lower or eliminate certain threshold barriers (abstention and ripeness) often encountered by land owners asserting takings claims against local governments in federal court. In the Senate, similar provisions appear in S. 1028 , the “Citizens Access to Justice Act” pending before the Senate Judiciary Committee. The provisions of H.R. 2372 first appeared in the 105th Congress as H.R. 1534 , passed by 248-178, and as a portion of S. 2271 ,...
Morocco: Royal Succession and Other Developments
King Hassan II of Morocco succumbed to a heart attack on July 24, 1999, and was succeeded by his 36-year old elder son, who became King Mohammed VI. The new King’s progressive agenda highlights efforts to fight poverty, advance economic development, support the opposition-led government, and redress human rights abuses. In foreign policy, his priorities include improving relations with Europe and Algeria, and he has reached out to the Moroccan Jews of Israel. The long-standing U.S. friendship with Morocco continues. For background, see CRS Report 98-663(pdf) , Morocco: Political and...
Summary of the Proposed Rule for the Privacy of Individually Identifiable Health Information
On November 3, 1999, the Secretary of Health and Human Services (HHS) issued a proposed rule on patient privacy to implement the security and privacy Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The HIPAA directed the Secretary, in the absence of legislation governing standards with respect to the privacy of individually identifiable health information, to promulgate final regulations containing such standards by February 21, 2000. Although Congress considered several proposals to protect health information, Congress...
The C-17 Globemaster III is a long-range cargo/transport aircraft operated by the U.S. Air Force since 1993. Congress approved development of the aircraft in the late 1970s, when it was recognized that the Air Force did not have enough airlift capability. In 1981, the McDonnell Douglas C-17 emerged as winner of a competition with Boeing and Lockheed to develop a next-generation aircraft to replace C-130s and C-141s.
Mexico's Counter-Narcotics Efforts Under Zedillo, December 1994 to March 2000
This report provides information on Mexico's counter-narcotics efforts under President Ernesto Zedillo, with emphasis on the last year, as the Congress is considering President Clinton's decision, on March 1, 2000, to certify that Mexico was fully cooperative in drug control efforts. The report focuses on (1) Mexico's share of illicit drug traffic to the United States, (2) Mexico's efforts to control drug trafficking (seizures, arrests, eradication), and (3) Mexico's cooperation with the United States in counter-narcotics efforts. Share of Traffic. Mexico continued to be the transit...
This report summarizes the proceedings of a CRS seminar for congressional staff on appropriations for the National Institutes of Health (NIH), held September 23, 1999 against a backdrop of congressional deliberations over increases in National Institute of Health (NIH’s) budget.
The Pendulum Swings Back: Standing Doctrine After Friends of the Earth v. Laidlaw
On January 12, 2000, the Supreme Court held in Friends of the Earth v. Laidlaw that plaintiffs had standing to pursue a Clean Water Act citizen suit, despite the fact that (1) the company-defendant had achieved compliance prior to the district court's decision, (2) plaintiffs sought only civil penalties payable to the U.S. Treasury, and (3) plaintiffs had demonstrated only reasonable concern, not physical injury to the environment. In so holding, the Court appeared to retrench substantially from its environmental standing decisions of the 1990s, which had all gone against plaintiffs. In...
Coastal Zone Management Reauthorization: An Overview
Congress is considering legislation that would reauthorize the Coastal Zone Management Act of 1972. This overview summarizes the programs created by this act and its amendments, and outlines issues associated with reauthorization. These issues include reauthorizing funding, altering grant programs, changing the National Estuarine Research Reserve system, funding to implement nonpoint water pollution requirements, protecting private property rights, expanding program evaluation efforts, and examining effects of personal water craft on the coastal environment. A reauthorization bill has been...
Property Rights: House Judiciary Committee Reports H.R. 2372
On March 9, 2000, the House Committee on the Judiciary reported favorably H.R. 2372 . The bill, titled "Private Property Rights Implementation Act of 2000," is aimed principally at lowering the threshold barriers of ripeness and abstention encountered when land owners file in federal court challenging local government actions as "takings." (1) Under the Fifth Amendment's Takings Clause (which applies to state and local, not only federal, actions), private property may not be "taken" for public use without just compensation. It is well-settled that takings may be effected not only by...
Russian Capital Flight, Economic Reforms, and U.S. Interests: An Analysis
Russian capital flight is a longstanding problem with very negative consequences for the Russian economy. Authoritative studies estimate Russian capital flight to have totaled $150 billion from 1992-1999. Recent reports of Russian money laundering and other financial scandals involving the Russian Central Bank, the Bank of New York, other commercial banks, and even former President Yeltsin's household involve forms of capital flight and have drawn greater attention to the problem. They have been the subjects of recent Congressional hearings and have focused the attention of Members of...
Attorneys' Fees Reimbursement Under the Independent Counsel Law
Although the Independent Counsel law expired on June 30, 1999, the provisions of the law remain in effect for those investigations which were still ongoing at the time of the law's expiration. Under the provisions of the law which had governed the selection, duties, and responsibilities of an "independent counsel," an individual who was a "subject" of an independent counsel investigation, and who was not indicted, could seek from the Government the reimbursement of "reasonable" attorneys' fees incurred by the individual "during" that investigation which he or she would not have incurred...
Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements
Retail reciprocity requirements have been included in the electricity restructuring legislation of at least four states. These requirements mandate generally that out-of-state utilities which operate in a state "closed" to retail competition cannot market power to retail consumers in the "open" state. Because state reciprocity requirements enacted without congressional authorization are probably unconstitutional under the Commerce Clause of the U.S. Constitution, Congress would have to include a reciprocity provision in federal electricity restructuring legislation if it wants to support...
Campaign Financing: Highlights and Chronology of Current Federal Law
Current law governing financial activity of campaigns for federal office is based on two principal statutes: the Federal Election Campaign Act (FECA) of 1971, as amended in 1974, 1976, and 1979, and the Revenue Act of 1971. These laws were enacted to remedy widely perceived shortcomings of existing law, the Corrupt Practices Act of 1925, and in response to reports of campaign finance abuses over the years, culminating in the 1972-1974 Watergate scandal. This report provides a summary of major provisions of federal law and a chronology of key legislative and judicial actions.
Forest Service Accountability in Administering Its Trust Funds
The USDA Forest Service has numerous permanently appropriated trust funds and special funds that provide substantial funding independent of the annual appropriations process. Critics have alleged abuse of the funds and have sought greater congressional oversight, and the General Accounting Office has testified on the agency's management of some of these accounts. While the Administration has offered few responses to the criticisms of these funds, it has, in its FY2001 budget request, proposed creating two new trust funds and combining several existing funds into a new fund with expanded...
The False Claims Act (FCA), originally enacted in 1863, serves as an important mechanism by which fraud against the federal government is combated. The Act authorizes both the Attorney General and private persons to bring civil actions for its enforcement. Under the terms of the Act, a private individual, known as a relator, may bring such an action on behalf of him or herself, and for the United States Government. These actions are known as qui tam suits, and their use dates back to the Thirteenth Century in England as well as the earliest days of the United States. The vast majority of...
This report surveys the legislation’s legislative history. It provides a brief narrative and side-by-side comparison of selected provisions in the House and Senate bills, with an emphasis on consumer bankruptcy.
Pinochet Extradition Case: Selected Legal Issues
On March 2, 2000, Britain's Home Secretary Jack Straw terminated the unprecedented proceeding to extradite General Pinochet of Chile to Spain for trial on alleged human rights violations committed while he was in power in Chile and allowed him to return home. The reason cited by the Home Secretary was that several strokes suffered by Pinochet in the fall of 1999 had rendered him "mentally [in]capable of meaningful participation in a trial." The proceeding stemmed from two requests for Pinochet's extradition made by Spanish authorities in mid-October, 1998, when they discovered Pinochet...
Project Echelon: U.S. Electronic Surveillance Efforts
Last year Congress passed legislation ( P.L. 106-120 , Section 309) requiring that the Executive Branch report on the legal standards for electronic surveillance by U.S. intelligence agencies. This action followed press reports and European Parliament studies claiming that the National Security Agency (NSA) has established a world-wide signals collection effort, known as Project Echelon, that jeopardizes the privacy rights of individuals and unfairly provides commercial advantage to U.S. Firms, There has been no official U.S. confirmation of the existence of Project Echelon, but...
The Rising U.S. Trade Deficit With Japan: Overview and Policy Options
The U.S. merchandise trade deficit with Japan reached $73.9 billion in 1999. It is the largest bilateral deficit with any U.S. trading partner. In addition to the growing deficit in goods trade (with almost all accounted for by trade in machinery and transportation equipment), the bilateral deficit in investment income also has become unusually large so large that it outweighs the U.S. surplus in services trade with Japan. As a result, the bilateral current account deficit $75 billion in 1998 exceeds the merchandise trade deficit with Japan. Options for dealing with this deficit include...
Debt and Development in Poor Countries: Rethinking Policy Responses
The poorest countries face enormous challenges to development, with economic issues still presenting some of the greatest obstacles. High on the current public policy agenda, including in the U.S. Congress, is financing increased debt relief for the poorest countries. Indebtedness is not a new issue. In the 1980s, Latin American middle income countries became severely indebted to private banks, causing a financial crisis with prolonged economic and social consequences. Today, the Heavily Indebted Poor Countries (HIPCs), mostly located in Sub-Saharan Africa, face worse economic prospects...
This report discusses recent legal developments regarding the right of state employees to bring suit under federal law. On January 11, 2000, the United States Supreme Court decided Kimel v. Florida Board of Regents . The case addressed the right of state employees to bring suit under the Age Discrimination in Employment Act (ADEA). The ADEA prohibits discrimination in employment based on age. The Court held that state employees cannot bring suit against the state to enforce the ADEA because of sovereign immunity. A related case brought by a state employee under the Americans with...
Appropriations for FY2000: An Overview
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year.
The American Inventors Protection Act of 1999, P.L. 106-113 , worked substantial reforms to the U.S. patent system. These reforms include provisions to protect inventors from deceptive invention promotion services; reduce certain fees associated with filing applications at the United States Patent and Trademark Office (PTO); create an infringement defense to first inventors of business methods later patented by another; ensure that processing delays at the PTO would not adversely impact patent term; mandate the publication of certain pending patent applications; establish...
American Inventors Protection Act of 1999
After several years of consideration, on Friday, November 19, 1999, Congress gave final approval to a bill which makes major changes to the patent laws. On this day the Senate passed the American Inventors Protection Act of 1999 as part of the Intellectual Property and Communications Omnibus Reform Act of 1999, attached by reference to the Consolidated Appropriations Act for Fiscal Year 2000. This report summarizes major provisions of the patent reform bill.
The 0.38 Percent Across-the-Board Cut in FY2000 Appropriations
This report outlines cuts made in the federal budget for FY2000. The 0.38% cut was expected to yield savings of $2.4 billion in budget authority and $1.4 billion in outlays for the fiscal year. Departments with cuts in excess of $100 million included the Departments of Defense, Transportation, Health and Human Services, and Education.
Defense Budget for FY2001: Data Summary
This report presents defense budget data in a manner designed to provide various perspectives on U.S. military spending. Part I presents basic data on the Clinton Administration's FY2001 national defense budget request, including data on budget authority and outlays for the Department of Defense and for the national defense budget function. Part II shows trends in overall defense spending, including figures on the growth and decline of defense spending, on defense outlays as a share of federal expenditures, and on defense outlays as a share of gross domestic product. Part III defines key...
The Airborne Laser Anti-Missile Program
The Air Force is currently attempting to build and install a multi-megawatt airborne laser (ABL) and a complex optical system to direct the laser to the target, in a modified Boeing 747 to destroy theater ballistic missiles in their boost phase. As an operational platform, the 747, along with its multi-megawatt Chemical Oxygen Iodine Laser (COIL) is being designed to destroy missiles in the stratosphere above 40,000 feet (12 kilometers), within one to two minutes after launch, at ranges of up to several hundred kilometers (km). The 1991 "Gulf War" raised concerns about the destructive...
Wetlands Regulation and the Law of Property Rights "Takings"
When a wetland owner is denied permission to develop, or offered a permit with very burdensome conditions, the property's value may drop substantially. Wetlands programs also may impose costly development delays. For these reasons, federal and state wetlands regulation continues to generate "takings" lawsuits by land owners. Such suits allege that by narrowing or eliminating the economic uses to which a wetland can be put, the government has "taken" (permanently or temporarily) the wetland under the Fifth Amendment Takings Clause. As background for continuing congressional efforts to...
Court Rulings During 1998 on Constitutional Takings Claims Against the United States
In light of congressional activity on property rights bills during 1998, CRS extends its practice of compiling reported court decisions, involving federal actions and/or federal statutes, that resolved Fifth Amendment "property rights takings" challenges on the merits. Decisions in 1998 meeting this criteria numbered 33, of which three found a taking. The federal programs implicated in this year's decisions echo the broad diversity of such programs customarily involved in takings litigation against the United States. Areas generating multiple takings decisions in 1998 were...
The First Amendment to the Constitution of the United States provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridge the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The Supreme Court of the United States has established that the First Amendment's free speech guarantee contains, as necessary corollaries, the right not to speak, and the right not to be compelled to support the speech of others. Based on these...
Appropriations for FY2000: Department of Transportation and Related Agencies
On October 9, 1999, the President signed the Department of Transportation and Related Agencies Act, 2000 ( P.L. 106-69 ). The Act provided $50.2 billion for the Department of Transportation (DOT). DOT had requested funding similar to the level enacted in P.L. 106-69 . However, the FY2000 Consolidated appropriations act, P.L. 106-113 , calls for an across-the-board rescission of 0.38% from each agency's discretionary budget authority and obligation limits. This will result in a reduction of approximately $179 million from the level enacted in P.L. 106-69 . The Federal Highway...
Global Climate Change: The Role for Energy Efficiency
Increased energy efficiency is generally thought to be the primary way to reduce the nation's growth in CO2 emissions. As result, it occupies a prominent role in proposals to curb future emissions. The Clinton Administration's 1993 Climate Change Action Plan (CCAP) sought to stabilize year 2000 emissions at the 1990 level. Global recognition that year 2000 stabilization would not be achieved led to the 1997 United Nations Framework Convention on Climate Change third conference of parties (COP-3) in Kyoto, Japan, where new emission reduction targets were proposed for 2008- 2012....
This report discusses the Balanced Budget Act of 1997 (BBA 97), which required that prospective payment systems replace retrospective cost-based reimbursement systems for Medicare beneficiaries receiving care in hospital outpatient departments, from home health care agencies, and in skilled nursing facilities.
Ecuador's Brady Bond Default: Background and Implications
Ecuador faces its worst economic crisis since the 1930s, suffering from a deep recession, collapsed currency, and failing banking system. Together, these problems led to huge fiscal deficits and increased external borrowing. The fiscal shortfall took a dramatic turn on September 30, 1999 when Ecuador decided to default on its Brady bonds, effectively cutting off Ecuador from foreign financial resources. This proved to be a pivotal decision, contributing to the escalating social and political strife that resulted in the forced removal of a sitting president in January 2000. Brady bonds...
Debt Reduction: Initiatives for the Most Heavily Indebted Poor Countries
Many developing nations have experienced declining economic conditions while accumulating higher levels of debt, largely owed to multilateral public lending agencies, such as the World Bank and the IMF, and to foreign governments, including the United States. For the 41 nations that have been identified as the most Heavily Indebted Poor Countries (HIPC), external long-term debt rose rapidly from less than $7 billion in 1970, to $47 billion a decade later, to $158 billion by 1990, and to $169 billion today. The largest portion -- 85% -- is owed to public lenders (governments...
Air Quality and Electricity: Enforcing New Source Review
On November 3, 1999, the Justice Department filed seven lawsuits against electric utilities in the Midwest and South charging them with violations of the New Source Review (NSR) requirements of the Clean Air Act (CAA). In addition, the Environmental Protection Agency (EPA) issued an administrative order against the Tennessee Valley Authority (TVA), alleging similar violations. Through a “preconstruction” permitting process, NSR is designed to ensure that newly constructed facilities, or substantially modified existing facilities, do not result in violation of applicable air quality...
Congress and the Fusion Energy Sciences Program: A Historical Analysis
The U.S. government has been funding research into controlled thermonuclear fusion since 1951. Since 1957, when the program was declassified, a public record is available in the form of appropriations and authorization reports presenting congressional decisions about fusion research. This report analyzes that record in order to assess how the program may fare in the future. The program recently underwent a major restructuring at the direction of Congress, and is currently establishing plans about how to proceed toward the goal of developing a practical fusion powerplant. These plans are...
Child Labor and the International Labor Organization (ILO)
With the adoption of a new child labor convention in Geneva on June 17, 1999, ILO member states began to take a more aggressive stand against the exploitation of children in the labor market. This convention joins the seven core labor conventions that the ILO members have determined identify fundamental human rights. Meanwhile, a small but rapidly growing ILO technical program that is geared toward reducing child labor around the world has become an increasingly important part of the international effort against child labor. This short report discusses these two aspects of ILO activity in...
Appropriations for FY2000: Commerce, Justice, and State, the Judiciary, and Related Agencies
This report tracks action by the 106th Congress on FY2000 appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and other related agencies (often referred to as CJS appropriations). P.L. 105-277 ( H.R. 4328 ) appropriated $36.2 billion for these agencies for FY1999. The President's FY2000 budget requested about $40.5 billion for these agencies, about a $4.3 billion increase or 12% above the FY1999 total. On October 18, the Conference Committee approved a CJS bill for FY2000 ( H.R. 2670 , H.Rept. 106-283 ) totaling $39 billion--$2.8 billion (or 7.7%) above...
Iran and the United States have been adversaries, and have sometimes engaged in low-level military hostilities, since Iran's Islamic revolution on February 11, 1979. During its first term, the Clinton Administration sought to build on earlier policies designed to contain Iran and moderate its behavior. The Clinton Administration initially placed its policy of containing Iran within a broader framework for keeping both Iran and Iraq weak, terming the policy "dual containment." The Administration maintained that dual containment was a necessary departure from past Persian Gulf policies in...
Appropriations for FY2000: Legislative Branch
On September 29, 1999, the President signed a $2.457 billion FY2000 legislative branch appropriations bill into P.L. 106-57 (113 Stat. 408). This represented a reduction of 4.8%, or $124.1 million, from the FY1999 budget of $2.581 billion.
The House bill, H.R. 1905 , contained $1.862 billion, excluding funds for Senate activities and Senate activities of the architect of the Capitol. This appropriation was a $54.8 million decrease from that reported by the House Appropriations Committee. The reduction was contained in an amendment agreed to by the House. The total legislative...
Excess Defense Articles: Grants and Sales to Allies and Friendly Countries
The Excess Defense Articles (EDA) program provides one means by which the United States can advance foreign policy objectives assisting friendly and allied nations through provision of equipment excess to the requirements of its own defense forces. The current program is an outgrowth of military assistance programs developed by the United States in the 1950s and 1960s to provide allies and friends with relatively inexpensive military items during the Cold War. Since many EDA recipients already have U.S. military equipment in their inventories, U.S. EDA items can supplement earlier...
NATO Burdensharing and Kosovo: A Preliminary Report
On March 24, 1999 the North Atlantic Treaty Organization (NATO) launched Operation Allied Force against the Former Republic of Yugoslavia. The military operation, which the alliance conducted almost entirely from the air, was intended to finally put a halt the Yugoslav government's brutal, systematic expulsion of ethnic Albanians from Kosovo, a province of Serbia. The air war continued until June 10, when Belgrade capitulated to allied demands. Allied Force was not paid for by a "NATO" budget. As in NATO exercises over the past decades, each country that participated in Allied...
Appropriations for FY2000: District of Columbia
On November 29, 1999, President Clinton signed the Consolidated Appropriations Act for FY2000, formerly H.R. 3194 , into law as P.L. 106-113 . The Act appropriates funds for the District of Columbia, Division A of the act, and four other appropriation measures, Division B of the act, including: Commerce, Justice, State, Judiciary; Foreign Operation Appropriations; Interior Appropriations; and Labor, Health and Human Services, and Education Appropriations for FY2000. Division B of P.L. 106-113 , also includes a section governing Miscellaneous Appropriations, and provisions amending the...
Environment and the World Trade Organization (WTO) at Seattle: Issues and Concerns
As the United States prepared for the ministerial meeting of the World Trade Organization (WTO) in Seattle, Washington, held November 30 - December 3, 1999, environmental issues were once again a focus of attention. This meeting of the decision making body of the WTO was expected to make decisions that would lead to another round of negotiations on a wide variety of trade rules and related issues. Although the United States continues to assert the necessity of pursuing the twin goals of free trade and environmental protection and to argue that these need not be in conflict, controversy...
Superfund Act Reauthorization: Liability Provisions of Leading Congressional Proposals
Congress is currently seeking to reauthorize and amend the Superfund Act (Comprehensive Environmental Response, Compensation and Liability Act, or "CERCLA"). This report targets the liability issues addressed in the two House committee-reported bills, H.R. 1300 and H.R. 2580 , and the House Committee on Commerce's minority substitute offered by Representative Towns. Senate bills are not covered at this time because the Senate has decided to wait until the House acts. CERCLA creates a stringent liability scheme so that persons associated with sites contaminated by hazardous substances...
Appropriations for FY2000: Labor, Health and Human Services, and Education
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education.
Eighty benefit programs provide aid -- in cash and noncash form -- that is directed primarily to persons with limited income. Such programs constitute the public "welfare" system, if welfare is defined as income-tested or need-based benefits. This definition excludes social insurance programs (e.g., Social Security and Medicare). Income-tested benefit programs in FY1998 cost $391.7 billion: $277.3 billion in federal funds and $114.4 billion in state-local funds. Total welfare spending rose by 3.1% from its FY1997 level. Higher medical spending accounted for $10.3 billion of the year's...
Cuba-U.S. Relations: Chronology of Key Events 1959-1999
This chronology outlines major events in U.S.-Cuban relations from Fidel Castro's rise to power in 1959 through 1999. The chronology provides more detailed information on events since 1994, including U.S. legislative action and congressional hearings and significant economic and political events in Cuba. In the 1960s, U.S.-Cuban relations deteriorated quickly as the Castro government espoused Communism and aligned itself with the Soviet Union. After Cuba began expropriating U.S. property in 1960, the United States began imposing economic sanctions. In 1961, diplomatic relations...
Appropriations for FY2000: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share -- over two-thirds -- of total U.S. international affairs spending. For FY2000, President Clinton requested $14.1 billion (later amended upward to $14.4 billion), plus $1.9 billion over three years for the Wye River/Middle East peace accord. The President's proposal, excluding the Wye River funds, was about $1.35 billion, or 9% less than FY1999...
The Federal Debt: Who Bears Its Burdens?
This report discusses the federal debt, which quintupled from FY1980 to FY1995 and went from 26% to 50% of GDP. The report examines changing ideas in regards to what segment of the population most feels the effects of growing government debt, and how its effects manifest.
Afghanistan: Connections to Islamic Movements in Central and South Asia and Southern Russia
After several years of relative peace in Central Asia and southern Russia, Islamic extremist movements have become more active in Russia and in Central and South Asia, threatening stability in the region. Although numerous factors might account for the upsurge in activity, several of these movements appear to have connections to the Islamic fundamentalist Taliban regime in Afghanistan. These linkages raise questions about whether the United States, as part of a broader effort to promote peace and stability in the region, should continue to engage the Taliban regime, or strongly...
Appropriations for FY2000: VA, HUD, and Independent Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Subcommittees on VA, HUD and Independent Agencies Appropriations.
Appropriations for FY2000: Interior and Related Agencies
The Interior and Related Agencies Appropriations bill includes funding for agencies and programs in four separate federal departments as well as numerous smaller agencies and diverse programs. The bill includes funding for the Interior Department except the Bureau of Reclamation, but only segments of the funding of the other three departments, Agriculture, Energy, and Health and Human Services. On February 1, 1999, President Clinton submitted his FY2000 budget to Congress. The FY2000 request for Interior and Related Agencies totaled $15.266 billion compared to the $14.298 billion enacted...
Appropriations for FY2000: U.S. Department of Agriculture and Related Agencies
The FY2000 appropriations bill ( P.L. 106-78 , H.R. 1906 ) for the U.S. Department of Agriculture (USDA) and related agencies was signed into law on October 22, 1999. P.L. 106-78 contains regular (non-emergency) appropriations of $60.559 billion, which is $2 billion below the Administration request, but nearly $6 billion above the FY1999 level. Just over three-fourths ($46.57 billion) of the total amount in the act is classified as mandatory spending (primarily food stamps and farm programs funded through USDA's Commodity Credit Corporation), which in essence is governed by authorizing...
Japan-South Korea Relations: Converging Interests and Implications for the United States
Since South Korean President Kim Dae-Jung's historic October 1998 visit to Japan, relations between Seoul and Tokyo have improved dramatically, to a point where arguably the two countries are at their closest ever. The improvement in bilateral ties has been accompanied by an unprecedented degree of trilateral coordination among the United States, Japan, and South Korea on policy toward North Korea. In the short term, the impetus for better relations has come from two regional crises: North Korea's August 1998 launch of the Taepodong medium-range missile over Japan and the near-collapse of...
Staff Depositions in Congressional Investigations
Depositions have been used in a relatively small number of major congressional investigations in the last quarter of a century. Depositions in the legislative branch are often taken by committee staff, but Members sometimes are involved in the process. Depositions may be a desirable alternative to a committee hearing, enabling a panel to obtain the information that it needs quickly, confidentially, and without the attendance of Members. However, concerns have been raised that staff depositions may compromise the rights of deponents and restrict the role of the minority in the investigative...
Centralized Collection and Disbursement of Child Support Payments
P.L. 104-193 requires state Child Support Enforcement (CSE) agencies to operate a centralized automated unit for collection and disbursement of payments on two categories of child support orders: (1) those enforced by the CSE agency and (2) those issued or modified on or after January 1, 1994, which are not enforced by the state CSE agency but for which the noncustodial parent's income is subject to withholding. The state disbursement unit generally must use automated procedures, electronic processes, and computer-driven technology to collect and disburse support payments, to keep an...
The FY 1999 National Defense Authorization Act ( P.L. 105-261 ) required the Secretary of Defense to study the U.S. missile defense systems that could protect, and could be transferred to, Japan, South Korea, and Taiwan. The Secretary was directed to describe these missile defense systems and the factors used in the study in separate classified and unclassified reports to Congress. In May 1999, the Department of Defense (DoD) transmitted the unclassified report which provides a discussion of five missile defense systems that are currently being developed by the United States and could be...
Slovenia: Country Background Report
Slovenia seeks membership in the European Union and NATO and is considered to be among the top candidates currently aspiring to join each organization. Independent from the former Yugoslavia since 1991, Slovenia has focused on consolidating its transition to a democratic market economy and integrating into western institutions. By most assessments, Slovenia has been successful in these efforts, especially in comparison with the conflict-ridden experience of the other former Yugoslav republics. This report provides background information on Slovenia, and may be updated as events warrant.
On May 12, 1998, the Federal District Court in Miami, Florida issued a preliminary injunction, ordering PrimeTime 24, a distributor of satellite television programming services, to terminate the retransmission of network television signals (specifically the programming of the Columbia Broadcasting System (CBS) and Fox television networks) to many of its customers nationwide. The court predicated the issuance of the injunction on its finding that PrimeTime 24 had violated provisions of the Satellite Home Viewer Act, which limit the retransmission of network television signals to customers...
The World Trade Organization (WTO) Seattle Ministerial Conference
On November 30th to December 3rd, the highest decision-making body of the World Trade Organization (WTO), called the Ministerial Conference, will meet in Seattle to make broad policy decisions. The key issue for the trade ministers attending the meeting will be to decide on the structure and topics for the agenda of a new round of multilateral trade negotiations. The new round will begin after the Ministerial and might continue for three years. Countries have committed to discuss agriculture and services trade in the new round. Other items that have been proposed for inclusion in the new...
Kosovo: Lessons Learned from Operation Allied Force
The March-June 1999 NATO war over Kosovo raised questions about many issues affecting the future of NATO. Questions arising from the conflict about political objectives, strategy, command arrangements, NATO-Russian relations, allied capabilities, future enlargement, allied unity, non- Article V operations, and the response of potential adversaries remain under debate. This report provides brief "lessons learned" from Operation Allied Force . NATO had limited political objectives in the conflict, most of which were at least partially met. Key considerations, such as avoiding civilian...
Medicare: Changes to Balanced Budget Act of 1997 (BBA 97, P.L. 105-33) Provisions
This report summarizes the major provisions of the agreement between the by House and Senate negotiators on the Medicare provisions.
Public Access to Data From Federally Funded Research: OMB Circular A-110 and Issues for Congress
The results of scientific studies are often used in making government policy decisions. While the studies are often published, traditional federal research funding policies have not required the data on which they are based to be made available publicly. Such policies generally require researchers to share data and physical samples with other scientists after publication of the research. A rider, called the Shelby amendment, that was attached to the Omnibus Appropriations Act for FY1999, P.L. 105-277 , mandated OMB to amend Circular A-110 to require federal agencies to ensure that "all...
Military Funeral Honors for U.S. Veterans: Increasing Demands on the Department of Defense
The National Defense Authorization Act for Fiscal Year (FY) 2000, P.L. 106-65 , mandates military honors at funerals for all eligible veterans. The mandate will likely require the Department of Defense (DOD) to divert some defense funding and military manpower to a non-warfighting task. This Act converts honors details from a time-honored tradition, which the military services rendered according to their standards and resources, to a mandated requirement. Current funding pressures and tight manpower levels, coupled with increasing veterans' requests and expectations, may make it more...
CBI/NAFTA Parity Proposals: A Comparison
The tariff and quota treatment of U.S. imports from Mexico under the North American Free Trade Agreement has resulted in a distinct and increasing competitive disadvantage for imports from the beneficiary countries of the Caribbean Basin Economic Recovery Act (CBERA). To eliminate this disadvantage, proposals have been made to extend to imports from Caribbean Basin countries preferential treatment equivalent to that accorded imports of identical goods from Mexico. This report compares the provisions of four such proposals: Title I of H.R. 984 , Title I of S. 371 , H.R. 1834 , and S....
East Timor Crisis: U.S. Policy and Options
East Timorese voters rejected an Indonesian plan for autonomy in a referendum of August 30, 1999, thus expressing a preference for independence. Since the announcement of the results of the referendum, East Timorese para-military groups, backed by the Indonesian military, have instituted widespread violence and terror. A United Nations-sponsored international peace-keeping force entered East Timor in late September 1999 led by Australian forces. The United States, including the Congress, has been involved in the issue of East Timor for many years. The Clinton Administration has acted in...
East Timor: Humanitarian Emergency and International Assistance
Following a vote for independence from Indonesia on August 30, violence and property destruction by anti-independence militias forced many East Timorese from their homes. (1) Failure by the Indonesian military to contain the violence finally forced the Indonesian government to allow international intervention. INTERFET, the U.N. international force for East Timor began arriving the weekend of September 18 and humanitarian workers came with them. The humanitarian programs are still evolving as the population begins to return, and reconstruction needs are still being assessed. This short...
Kosovo: Implications for Military Intelligence
North Atlantic Treaty Organization (NATO) aerial operations conducted in April-June 1999 against Serbian forces and installations (Operation Allied Force) demonstrated that an air campaign largely based on precision weapons can accomplish major military and political objectives even in the absence of a ground campaign. Eventual Serbian withdrawal from Kosovo was achieved with almost no casualties among friendly forces. The prerequisite to success in NATO's air campaign was highly accurate allied, particularly U.S., intelligence and precision weapons. The combined use of precise...
Committee Funding Resolutions and Processes, 106th Congress
This report describes the procedures under which committee funding resolutions are considered in the two chambers, and 106th Congress action to review and approve committee operating budgets. Also noted are changes in the Senate’s committee funding processes to move from a session-based biennial funding process to one more closely matched to a fiscal year cycle. Tables at the end of the report show funds approved for the 105th Congress, and the funds requested, recommended, and approved for the 106th Congress for each House and Senate committee.
Economic Sanctions to Achieve U.S. Foreign Policy Goals: Discussion and Guide to Current Law
This report provides background on foreign policy sanctions. It addresses the following questions: Why do we apply sanctions? What objectives does the U.S. government seek to achieve when it imposes sanctions? Who imposes sanctions? What tools are available? How likely is it that sanctions will achieve the stated goal? What secondary consequences might sanctions have? What change is required for the sanctions to be lifted? Would multilateral sanctions be more desirable and achievable? The report also provides an uncomplicated map of where sanctions policies and options currently may be...
Economic Sanctions to Achieve U.S. Foreign Policy Goals: Discussion and Guide to Current Law
As the close of the 106th Congress, 1st session, nears, there are last-minute efforts to place one or more sanctions measures into a bill that has its own momentum. H.R. 434 , the African Growth and Opportunity Act, is under consideration to carry a variety of trade-related amendments. It has been mentioned in the press as a possible vehicle for S. 757 , the Sanctions Policy Reform Act. It is also possible that H.R. 434 could advance "Food and Medicine for the World Act." The Senate agreed to food and medicine exemption language earlier in the session; that language was excised from...
Vietnam: Economic Reforms and Commercial Relations with the United States
Vietnam has made considerable progress in implementing economic reforms since 1986. The reforms have nudged Vietnam to a more market-oriented economy and have facilitated higher rates of economic growth, particularly during 1988-1996. Momentum for deepening the reforms, however, has stalled in recent years, and since 1997, there has been a significant decline in foreign investment, as well as a deterioration in the underlying performance of the economy. To address these problems, multilateral institutions and U.S. officials have urged Vietnam's leaders to initiate a second wave...
Department of Energy: Programs and Reorganization Proposals
Created in response to the energy crisis of the 1970s, the Department of Energy (DOE) survived an attempt to dismantle it early in the Reagan Administration, and another in the 104th Congress. Now the agency is again the subject of reorganization legislation, this time because of concern about the security of its nuclear weapons program. An amendment to the Intelligence Authorization Act for FY2000 ( H.R. 1555 ) was adopted by the Senate to create the Agency for Nuclear Stewardship within DOE. The head of that agency would report directly and only to the Secretary of Energy. The agency...
Appropriations for FY2000: Defense
On October 6, conferees reached agreement on the FY2000 defense appropriations bill, H.R. 2561 , and the conference report was filed on October 8. The House approved the conference agreement by a vote of 372-55 on October 13, and the Senate approved it by a vote of 87 to 11 on October 14, and the President signed the bill into law, P.L. 106-79 , on October 25. The key issue in the conference concerned funding for the F-22 fighter. The conference agreement provides a total of $2.522 billion for the program, including $1.222 billion for R&D, $1 billion for acquisition of test aircraft, and...
The basic standards of decorum that govern remarks made in the House of Representatives are described in this report. The report also discusses the procedure for "words taken down" and other mechanisms used in the House for enforcing these standards. The standards and mechanisms covered here include those set forth in House rules, related sections of Jefferson's Manual, published precedents, and supplementary policy statements by the Speaker. Also provided are examples from the 103rd-105th Congress of words spoken in House floor debate that led to one or more enforcement mechanisms being invoked.
Appropriations for FY2000: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation (BuRec), most of the Department of Energy (DOE), and a number of independent agencies. The Administration requested $22 billion for these programs for FY2000. The House and Senate approved $21.3 billion. Low allocations under Section 302 (b) of the Budget Act created difficulties for Appropriations Committees in both Houses. The Senate Committee responded by cutting water projects for the Corps and BuRec, and...
WIC Food Package: History of the Sugar Cap
This report provides a historic review of the Women, Infants and Children (WIC) food package and the controversy over the sugar cap on cereals allowed in the program.
H.R. 1987 , 106th Congress, the Fair Access to Indemnity and Reimbursement (FAIR) Act, which was reported by the Committee on Education and the Workforce on October 14, 1999, would make it easier for small businesses and labor organizations that prevail against the NLRB or OSHA, in administrative or court proceedings, to recover their attorneys' fees from the government. It would do so by requiring fees to be awarded automatically in cases to which it applied, instead of only when the government's position was not substantially justified.
Capital Punishment: Summary of Supreme Court Decisions of the 1998-99 Term
The most significant capital punishment cases decided by the Supreme Court during the 1998-99 term did very little in terms of reversing the lower courts where the petitioners were the defendants at the trial level. (1) Significantly, among these cases, the Court settled splits in the circuits on issues of statutory interpretation and other trial-related issues. The Court also made clear that withholding an element of an offense from a jury's consideration can be a harmless error. In the Strickler case, the Court gave some guidance on what "materality" means for purposes of the...
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("Convention") establishes uniform standards and procedures for the international adoption of children. The United States became a signatory to the Convention on March 31, 1994. In order to implement the provisions of the Convention, each signatory nation must enact domestic legislation to fulfill the treaty requirements. At the present time, several different versions of the implementing legislation are being considered: H.R. 2909 , the "Intercountry Adoption Act of 1999;" S. 682 , the...
Central America: Reconstruction After Hurricane Mitch
On February 16, the Administration transmitted an emergency supplemental request for $955.5 million to provide reconstruction assistance to the Central American countries devastated last Fall by Hurricane Mitch. The supplemental did not include any of the trade expansion provisions which the Administration has proposed previously, and which the Central American countries include as their highest priority. The Senate supplemental appropriations bill ( S. 544 ) passed the Senate on March 23 and the House bill ( H.R. 1141 ) passed the House on March 24. The final legislation, P.L 106-31,...
The Proposed Tobacco Settlement: Who Pays for the Health Costs of Smoking?
One of the issues raised in the consideration of tobacco settlements is the compensation of various parties that might pursue lawsuits to recover the health costs of smoking. These parties include states whose settlements now total $26 billion over 26 years, the federal government which has filed suit against the industry, and individuals. Popular estimates of the annual medical costs of smoking range around $50 billion, with the states accounting for slightly under $4 billion, individuals about $10 billion and the remainder paid for by the federal government and private entities. Some...
On August 17, 1999, Turkey was struck by a severe earthquake, leaving about 15,000 dead, 24,000 injured, and 250,000 homeless. The high casualty toll, aggravated by shoddy construction, has been partly attributed to corrupt builders and government officials. Turkish media, earthquake victims, and other observers criticized the government and military for their slow responses to the disaster. Yet, neither the political system nor the government are likely to change soon. Turkey had been in a recession before the quake, and economic growth will continue to decline in the short term but...
Off-Budget Status of Federal Entities: Background and Current Proposals
During the 106th Congress, several proposals have been introduced to provide off-budget status to certain trust funds and other special funds, in which revenues are collected for specified purposes. These proposals would prohibit the receipts and disbursements of the funds from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. Proponents argue that taking a fund off budget provides an assurance that the federal government is...
Confidentiality of the Taxpayer Identification Number under the Internal Revenue Code
Section 6109 of the Internal Revenue Code makes an individual’s Social Security number the individual’s taxpayer identification number [TIN]. The same section requires taxpayers to furnish their TINS to the Internal Revenue Service and to other persons whenever the Internal Revenue Service determines that securing the proper identification of the person is necessary. Many Code sections require taxpayers to collect and furnish the TINS of third-parties with whom they have dealings in order to claim a benefit or a deduction. The first part of this report compiles instances in which...
Capital Gains Taxes: Distributional Effects
Many types of data have been presented to illustrate who pays capital gains taxes (and who might benefit from a reduction in these taxes). These different approaches include absolute measures of distribution (such as how the tax is distributed relative to the distribution of the population and the average tax paid), relative measures of distribution (whether after-tax incomes would become more or less equal without the tax), measures of the distribution of tax liability, and measures of who pays the tax. These measures are presented for 1999 and indicate that capital gains taxes are...
Jerusalem: The U.S. Embassy and P.L. 104-45
Report discussing the legislation proposal to move the U.S. embassy from Tel Aviv to Jerusalem.
As part of an international support package, the United States agreed, in November 1998, to provide contingent financing of $5 billion to Brazil. Funds would come from the Department of the Treasury's Exchange Stabilization Fund (ESF). Some congressional concern has been expressed about the ESF's ability to make foreign loans without congressional approval. Appropriation legislation in the 104th Congress imposed limitations on the use of the ESF ( P.L. 104-52 , Section 632 and P.L. 104-208 , Section 628), but the limitations expired at the end of fiscal year 1997. Seven bills were...
California's Proposition 187: A Brief Overview
On September 13, 1999, a U.S. district judge approved an agreement to end litigation challenging California's Proposition 187, a 1994 ballot initiative to deny illegal aliens state benefits and to require reporting of illegal alien applicants for benefits to federal immigration officials. This agreement effectively continues earlier court-imposed restraints on implementing Prop 187. Meanwhile, federal law enacted in 1996 denies illegal aliens most state-provided benefits funded in part by the federal government and authorizes California to deny illegal aliens many other benefits that...
Search and Seizure in the Vehicular Context: Fourth Amendment Issues
The Fourth Amendment to the Constitution of the United States provides that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Supreme Court has interpreted this language as imposing a presumptive warrant requirement on all searches and seizures predicated upon governmental authority, and has ruled that any...
The Mining Law Millsite Debate
Under the General Mining Law of 1872, the holder of a mining claim has the right to claim and patent nonmineral, noncontiguous lands for millsites to mill and process ore from mining claims on federal lands. At issue is whether language in the statute that states, " ... no location made on and after May 10, 1872 of such nonadjacent land shall exceed five acres," limits the claimant to a maximum of five acres per mining claim. An Opinion by the Solicitor of the Department of the Interior, John Leshy, in November 1997 concluded that the Mining Law provides only one millsite of no more than...
Missile Defense: Theater High Altitude Area Defense (THAAD) Flight Testing
After two successful intercepts in June and August 1999, the Pentagon announced it would scrap the remaining THAAD flight tests and proceed to the EMD (Engineering and Manufacturing Development) phase. Doing so, the Pentagon and others argue, would save some money and expedite THAAD deployment somewhat. THAAD supporters argue that these intercepts have validated the system's major component's and that the system's near-term deployment is now a possibility. Critics continue to argue that THAAD's checkered test legacy over a controlled test range is insufficient for the program to move...
North Korean Drug Trafficking: Allegations and Issues for Congress
At least 34 documented incidents, many involving arrest or detention of North Korean diplomats, link North Korea to drug trafficking. Such events, in the context of ongoing, credible, but unproven, allegations of large scale state sponsorship of drug production and trafficking, raise important issues for the Congress, the Administration, and America's allies in combating international drug trafficking. The challenge to policy makers, is how to pursue an effective counter drug policy and comply with U.S. law which may require cutting off aid to North Korea while pursuing other high priority...
Intercountry Adoption Convention Implementation Act of 1999: Summary and Analysis of S. 682
S. 682 , 106th Cong., 1st Sess. (1999), the proposed "Intercountry Adoption Act of 1999" would implement certain requirements of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("Convention"). The United States became a signatory to the Convention on March 31, 1994. The Senate treaty ratification process has not yet occurred. In order to implement the provisions of the Convention, each signatory country must enact domestic legislation to fulfill treaty requirements, To this end, the bill is drafted so as to amend U.S. law in order to...
New Zealand: Political/Economic Developments and Relations with the United States
Since 1984, New Zealand has restructured its economy, long agrarian and highly dependent on guaranteed access to the British market, into a more industrialized and balanced market economy. The reforms have been comprehensive; New Zealand now is rated as one of the most open and unregulated economies in the world. The reforms, however, also have entailed painful adjustment costs as expected increases in production have taken about a decade to materialize. In the process, popular dissatisfaction with both major political parties has emerged contributing to a more complex domestic political...
Special Provisions for Religion in the Tax Code
Scattered throughout the Internal Revenue Code are special provisions designed to accommodate either religious organizations or the beliefs and practices of the members of those organizations. This short report lists a number of code sections which contain exemptions or special treatment for religion.
Economic and Policy Developments in the Apparel and Textiles Sector
The apparel and textiles industries together employed just under 1.4 million workers in 1998, accounting for almost 7% of all manufacturing employment in the United States. Over the past dozen years, however, there has been a marked downward trend in employment for these industries. This trend has accelerated in recent years, with over 275,000 jobs lost since 1993. This job loss is the most important issue facing these industries. Much of this job loss has been linked to increasing domestic consumption of imports. Concerns about these industries have influenced recent trade negotiations...
Algeria: A New President and His Policies
The powerful Algerian army appears to have sought President Liamine Zeroual's early departure from office and, in elections held in April 1999, Abdulaziz Bouteflika was elected to replace him. The opposition charged that the elections were fraudulent. Bouteflika had served as Foreign Minister from 1963-78, but had been absent from the country for some years. After seven years of civil war between government security forces and Islamist militants, Bouteflika has proposed a "civil concord" or amnesty to advance the prospects for domestic peace. Rising oil prices could enable him to address...
Appropriations for FY2000: Military Construction
The military construction (MilCon) appropriations bill finances (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. Contributions to the NATO Security Investment Program; and (4) most base realignment and closure costs. This paper reviews the appropriations and authorization process for military construction. The congressional debate perennially centers on the adequacy of the President's budget for military construction needs and the necessity for congressional add-ons, especially for Guard and...
Preemption Language in Federal Environmental Statutes
This report compiles the provisions in federal environmental statutes that explicitly state whether Congress intended to preempt state law. The provisions are arranged in four categories, from least preemption to greatest: (1) rights/jurisdiction of state generally unaffected; (2) if a federal standard exists, the state standard must be the same or more stringent; (3) state regulation different from the federal scheme is preempted, but a waiver may be available; and (4) state regulation different from the federal scheme is preempted, and no waiver is available.
A major element in the debate about global climate change has been how to minimize costs by selecting the most economically efficient strategies to reduce greenhouse gases. With the negotiation of the Kyoto Protocol, international emissions trading has become a focal point of attention. Indeed, the Administration believes that the goals of the Kyoto Protocol can not be achieved without effective emissions trading. International emissions trading is one of four "flexibility mechanisms" contained in the Kyoto Protocol (article 17). A review of existing cost analyses of U.S. compliance with...
The Senate on May 20, 1999 and the House on June 17, 1999 passed substantially similar amendments to the due process provisions in the Individuals with Disabilities Education Act (IDEA). IDEA provides federal funds to the states to assist them in providing an education for children with disabilities. As a condition for the receipt of these funds, IDEA contains requirements on the provision of services and detailed due process procedures. In 1997 Congress amended IDEA in the most comprehensive and controversial reauthorization since IDEA's original enactment in 1975. One of the most...
Iraq: Compensation and Assets Issues
A U.N. process to compensate the victims of Iraq's invasion and occupation of Kuwait is proceeding, aided by revenues generated by the U.N. "oil-for-food" program in Iraq. However, the amount of money available relative to outstanding claims suggests that the compensation process will not be completed in the foreseeable future. On a related issue, progress to decide the disposition of frozen Iraq assets held by U.S. banks has been hampered by differences over which claimants should have priority. (1) A bill that gives priority to members or veterans of the U.S. armed forces was...
Federal Mandatory Minimum Sentencing Statutes: Introductory Comments to a List with Captions
Federal mandatory minimum sentencing statutes (mandatory minimums) demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion, although they impose no limitations upon prosecutorial discretion or upon the President's power to pardon. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentencing and a certain means of...
National Endowment for Democracy: Policy and Funding Issues
The National Endowment for Democracy (NED), a private, nonprofit organization established during the Reagan Administration, provides grants to private organizations to promote democracy in more than 90 countries around the world. Throughout its 16-year history, NED's budget has ranged from a low of $15 million in FY1987 and FY1989 to a high of $35 million in FY1994. During the 1990s, NED has come under attack from a few Members of Congress for several reasons: its cost; its distribution of noncompetitive grants to four core political, business, and labor grantees; its reliance on...
Federal mandatory minimum sentencing statutes (mandatory minimums) demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion, although they impose no limitations upon prosecutorial discretion or upon the President's power to pardon. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentencing and a certain means of...
Long Beach: Proposed Lease by China Ocean Shipping Co. (COSCO) at Former Naval Base
At issue was a proposal by the City of Long Beach, California, to lease a container terminal, to be built at the site of a closed naval station, to China Ocean Shipping Company (COSCO), a commercial shipping company owned by China. (The lease was later canceled over an issue unrelated to COSCO.) The proposed expansion of COSCO's facilities at the Port of Long Beach raised some security issues concerning smuggling of guns by Chinese defense-related companies, proliferation of weapons of mass destruction, intelligence collection, and access to U.S. and Panamanian ports. In response, senior...
Introducing a House Bill or Resolution
This report discusses the primary steps for drafting a bill in the House. Ideas and recommendations for legislation may come from private sources, such as ordinary citizens or interest groups; executive branch agencies and the White House; state and local initiatives; and, of course, individual Members, committees and other work groups, and party and chamber leaders. Any or all of these entities may also participate in drafting legislation (resolutions as well as bills).
The World Trade Organization: Future Negotiations
The World Trade Organization's (WTO) Ministerial Conference, to be held in Seattle from November 30 to December 3, 1999, will launch a new round of trade negotiations. President Clinton, in his State of the Union Address on January 19, 1999, called for an ambitious round focusing on agriculture, services, industrial tariffs, intellectual property, and government procurement. He also proposed that negotiations should result in early agreements, and should be concluded in far less time than the seven years that the Uruguay Round took. The United States and the other WTO countries are...
DOE Security: Protecting Nuclear Material and Information
Congress is focusing on problems with security at the Department of Energy's (DOE) national security facilities, especially the nuclear weapon laboratories. Problems include espionage from within the labs and protection of nuclear material and facilities from outside attack. This report describes the main components of DOE's security system and reviews current efforts to address shortcomings. This report will be updated as events warrant.
Radio Free Asia: Background, Funding, and Policy Issues
In response to some Asian countries' human rights violations and to promote democracy in countries such as China and North Korea, the Administration and the 103rd Congress agreed that the United States should increase broadcasting to this part of the world. The International Broadcasting Act of 1994, title III of the Foreign Relations Authorizations Act of 1994/95 ( P.L. 103-236 ), created the Broadcasting Board of Governors (BBG) under the U.S. Information Agency (USIA) and authorized the Board to make grants available to conduct surrogate broadcasting services (1) (referred to as...
Kosovo: Review and Analysis of Policy Objectives, 1998-June 1999
Since the outbreak of violent conflict in the Serbian province of Kosovo in early 1998, the United States and European countries have been actively involved in various initiatives to end the conflict and restore peace. At first, international objectives, as expressed by the six-nation Contact Group and the U.N. Security Council, were limited to seeking a cease-fire in the province, ending the repression of the Kosovo civilian population by Serb forces and improving the humanitarian situation, and facilitating a political dialogue between the parties. As fighting continued, the...
Renewable Energy and Electricity Restructuring
Several electricity industry restructuring bills propose to eliminate the Public Utility Regulatory Policies Act (PURPA), which has been key to the growth of renewable power facilities. Bills intended to ensure a continuing role for renewable energy sources have been introduced in the 106th Congress that include some combination of a renewable energy portfolio standard (RPS), a public benefits fund (PBF), and/or an information disclosure requirement that supports "green" pricing and marketing of renewable power. Some states and electric utility companies have already instituted such...
Supreme Court Opinions October 1998 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 1998 Term through the end of the Term on June 23, 1999. The purpose is to provide a quick reference guide for identification of cases of interest. These synopses are created throughout the Term and entered into the CRS Home Page on the Internet, and into the Scorpio database. The report supersedes an earlier cumulation issued as a general distribution memorandum dated March 12, 1999. Included are all cases decided by signed opinion and selected cases decided per curiam . Not included are...
This report describes the basic elements and issues of the Department of Defense's (DOD) Research, Development, Test and Evaluation (RDT&E) Program. It defines basic activities supported by the program, presents budget trends, discusses the management of program, and describes the infrastructure in which the program is implemented. This report is for staff new to the area of defense research and for senior staff interested in historical trends.
Capital Gains Taxes, Innovation and Growth
The growth effect of cutting capital gains taxes on innovation, where lower capital gains taxes may encourage investment in new, "high-tech" firms, has been a subject of continued interest. A recent Congressional Budget Office study, while concluding a limited and uncertain effect on growth induced by capital gains tax cuts through normal savings and investment channels, noted a lack of evidence on the effect through new firm formation. The belief on the part of many venture capital advocates that the capital gains tax plays an important role developed because the slump and recovery in...
Over the last 10 years, the country has spent an average of $36 billion a year on DOD's RDT&E program. About 80% of that goes toward the development of specific military systems or system components. Most of the rest, between $7 billion and $8 billion, goes toward more fundamental research, development, and demonstrations of sciences and technologies identified as important to military capabilities and operations (called the Science and Technology program). Total RDT&E funding for the last 10 years has remained relatively level in nominal terms. However, when accounting for inflation,...
Presidential Disability: An Overview
In the original document, Article II, section 1, clause 6 of the Constitution provided that, in the event of the President's "Inability to discharge the Powers and Duties" of his office, "the Same shall devolve on the Vice President." This language was superseded by the 25th Amendment to the Constitution, ratified in 1967. Although there were several instances of severe presidential disability between 1789 and 1967, no Vice President sought to assume the chief executive's powers and duties during this period. Sections 3 and 4 of the 25th Amendment currently govern cases of...
Turkey: Continuity and Change after Elections
The April 18, 1999 election in Turkey reflected growing nationalism, a weakening of the political center, and a desire for more honest leadership. Prime Minister Bulent Ecevit of the Democratic-Left Party (DSP) is continuing in office, joined by the Nationalist Action Party (MHP) and Motherland Party (ANAP). Ecevit and ANAP leader Mesut Yilmaz have prior government experience. MHP's Devlet Bahceli does not, and his purported success in moderating the ultra-right MHP is being tested. DSP and ANAP control ministries of foreign and macroeconomic policy significance, while MHP holds...
Crime and Forfeiture: The Innocent Third Party
Forfeiture has survived through time in American law, and since 1984, the use of forfeiture statutes to divest felons of their spoils has increased substantially. The fact that property has been used illegally does not automatically give the government the right to take and confiscate it. The criminal behavior must violate a federal statute that specifically authorizes the forfeiture or condemns the property involved in the offense. As a result of the increased volume of forfeiture activity, numerous third parties have been drawn into forfeiture litigation. Coupled with the complexities...
The Separation of Powers Doctrine: An Overview of its Rationale and Application
As delineated in the Constitution, the separation of powers doctrine represents the belief that government consists of three basic and distinct functions, each of which must be exercised by a different branch of government, so as to avoid the arbitrary exercise of power by any single ruling body. This concept was directly espoused in the writings of Montesquieu, who declared that "when the executive and the legislature are united in a single person or in a single body of magistracy, there is no liberty, because one can fear that the same monarch or senate that makes tyrannical laws...
Military Changes to the Unified Command Plan: Background and Issues for Congress
The Unified Command Plan (UCP) establishes the basic organization of the U.S. armed forces. The purpose of the unified command plan is to provide effective control of U.S. forces in peace and war. The UCP defines the command structure from the National Command Authorities (the President and the Secretary of Defense) to the combatant commands. The plan establishes unified and specified commands, assigns missions and functions to those commands, provides for assignment of forces, defines geographic areas of responsibility (AORs), and depicts command arrangements. Congress has a continuing...
The U.S. Trade Deficit: Trends, Theory, Policy, and Sustainability
This report briefly surveys recent trends in the U.S. trade deficit and the economic theory and policies surrounding it. After dropping to $74 billion in 1991, the U.S. merchandise trade deficit increased by $49 billion in 1998 to a record high of $248 billion. Even though the reasons for the rising deficit seem apparent, it raises questions about the theoretical analysis that underlies U.S. policies to deal with it and its sustainability and effect on the U.S. economy. The Federal Trade Deficit Review Commission was organized on June 10, 1999, and is responsible for developing trade...
Commerce Clause Issues in Brzonkala v. Virginia Polytechnic Institute and State University
In Brzonkala v. Virginia Polytechnic Institute and State University , an en banc Court of Appeals for the Fourth Circuit considered the constitutionality of 42 U.S.C. ¿13981, which creates a federal cause of action against any person who commits a crime of violence motivated by gender animus. Analyzing ¿13981 according to the framework delineated in Lopez v. United States , the Fourth Circuit determined that gender motivated violence is not a commercial activity and is not substantially connected to interstate commerce, rendering the statute invalid under the Commerce Clause.
Global Climate Change: Coal Use in China and Other Asian Developing Countries
Under the international global climate change agreement negotiated in December 1997 in Kyoto, Japan, the United States would be required to reduce emissions of carbon dioxide (CO2) and other "greenhouse gases" by 7% from their 1990 or 1995 levels (depending on the gas). However, the Kyoto Protocol places no binding greenhouse gas restrictions on developing countries such as China and India -- whose CO2 emissions are projected to grow dramatically. Concerns have arisen in the United States that without a binding agreement from China, India, and other developing countries, the...
Federal Excise Taxes on Alcoholic Beverages: A Summary of Present Law and a Brief History
Excise taxes on alcoholic beverages began with the 1791 tax, a short lived tax proposed as a means of helping to meet the costs of the Revolutionary War debt. The tax was resurrected briefly during the War of 1812. Eliminated shortly after the close of that war it reappeared as a tool for financing the Civil War, when a tax was also extended to fermented beverages (beer and ales). It has continued through to the present day, being extended to carbonated wines and, just prior to World War I, to wines generally. Taxation of alcoholic beverages are periodically reevaluated by Congress and...
NAFTA: Economic Effects on the United States After Five Years
The main economic benefit of the North American Free Trade Agreement (NAFTA) is that, over time, it is expected to increase productivity and incomes in the United States, Mexico and Canada. In the near term, some reallocation of resources occurs within each country, generating gains for some producers and workers and costs for others. Since the Mexican and Canadian economies are small relative to the U.S. economy, both the long-term benefits and short-term adjustment costs of the NAFTA to the United States are expected to be small. The data suggest that NAFTA has had a positive, but...
Individuals with Disabilities Education Act: Amendment Contained in S. 254, 106th Congress
The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. ¿¿1400 et seq., provides federal funds to the states to assist them in providing an education for children with disabilities. As a condition for the receipt of these funds, IDEA contains requirements on the provision of services and detailed due process procedures. In 1997 Congress amended IDEA in the most comprehensive and controversial reauthorization since IDEA's original enactment in 1975. One of the most contentious issues addressed in the 1997 legislation related to the disciplinary procedures applicable to...
China's Technology Acquisitions: Cox Committee's Report -- Findings, Issues, and Recommendations
The House approved H.Res. 463 on June 18, 1998, to create the Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China (PRC). The committee's six-month investigation looked beyond whether the satellite export policy resulted in missile technology transfers to China; it also examined other transfers, including high performance computers and nuclear weapon know-how. The committee made 38 recommendations for action by Congress or the Administration. On December 30, 1998, the bipartisan committee unanimously approved the final classified...
Biosphere Reserves and the U.S. MAB Program
Since 1972, the United States has participated in the Man and the Biosphere Program (MAB), coordinated by the United Nations Educational, Scientific and Cultural Organization (UNESCO). Each participating nation establishes its own domestic MAB program, which includes a wide variety of ecosystem and biological research. As part of the U.S. MAB program, 47 biosphere reserves have been established in the United States. These sites are part of a network of 356 such areas worldwide, in which scientists conduct research and communicate about their findings. Biosphere reserves are nominated by...
Kosovo: Historical Background to the Current Conflict
This short report discusses the historical background to the current conflict in Kosovo. It also includes a short suggested reading list. For background and current developments on the Kosovo issue, see Kosovo and U.S. Policy , by Steven Woehrel and Julie Kim, CRS Issue Brief 98041, updated regularly. For a discussion of military operations in Yugoslavia during World War II, see Yugoslavia: World War II resistance operations and their implications for the current war , by Robert L. Goldich, CRS Report RL30177. A complete list of CRS products on Kosovo can be found at...
Kosovo Military Operations: Costs and Congressional Action on Funding
On April 19, the White House sent Congress a request for emergency supplemental funding of $6.05 billion to cover costs of U.S. military operations against Yugoslavia, assistance to Kosovo refugees, and some expenses of military operations in Iraq. On May 6, the House approved an emergency supplemental appropriations bill, H.R. 1664 , that provided $13 billion, about $7 billion more than requested. Subsequently, House and Senate conferees on H.R. 1141 , a bill to provide supplemental appropriations for Central America disaster relief and other purposes, folded Kosovo-related funding into...
Foreign Policy Roles of the President and Congress
The United States Constitution divides the foreign policy powers between the President and Congress so that both share in the making of foreign policy. The executive and legislative branches each play important roles that are different but that often overlap. Both branches have continuing opportunities to initiate and change foreign policy, and the interaction between them continues indefinitely throughout the life of a policy. This report identifies and illustrates 12 basic ways to make U.S. foreign policy. The President or the executive branch can make foreign policy through: 1)...
International Monetary Fund (IMF) Reform: Past Solutions, Current Proposals
Major changes in the International Monetary Fund (IMF) and the international monetary system have been reflected in amendments to the IMF's Articles of Agreement, its "constitution." Changes to the IMF's Articles require an 85% majority of the voting power, giving the United States, with 17.56% of the vote, a veto. Under the Bretton Woods Agreement Act (P. L. 79-171, 22 U.S.C. 286), any proposed changes to the IMF's Articles require congressional approval. Thus, by extension, the U.S. Congress has a veto power over changes to the IMF's Articles. Beyond the specific issues of amending the...
Kosovo: Greek and Turkish Perspectives
Western governments have cited a danger of the Kosovo conflict spreading to NATO allies Greece and Turkey as justification for military intervention in Kosovo. These two eastern Mediterranean neighbors have difficult bilateral relations. Their overarching goals for Kosovo are similar, but their views of NATO's military campaign differ. Greece opposes NATO's approach for reasons based on history, culture, competing foreign policy goals, and public opinion. Its sympathies lie with the Serbs. Turkey supports NATO out of alliance loyalty and because of its shared history, culture,...
Alternative Trading Systems: Will Computers Replace Stock Exchanges?
Recently, the retired head of a large investment bank reflected on the great changes he had seen on Wall Street over his long career. The deregulation of commissions and the shift from partnerships to public ownership were key events, but the changes brought by electronic technology were "a revolution" that, although still in the early stages, "superseded the others infinitely." Perhaps the most visible aspect of this electronic transformation has been the rise of Internet trading by small investors. Another change, however, although less publicized, may have a much greater impact on the...
Kosovo's Future Status: Alternative Models
The current focus of U.S. and NATO attention is on military and diplomatic efforts to achieve a Serb pull-back of forces from Kosovo, deploy an international force there, and return Kosovar Albanian refugees to their homeland. The Administration and Congress have paid less public attention to the resolution of Kosovo's long-term future, but this issue may move to center-stage in the next phase of discussions. Ultimately, congressional support for continued U.S. military involvement may be linked to the viability of the settlement being pursued. The United States has a number of...
During the early months of 106th Congress, lawmakers considered several major FY1999 supplemental appropriation requests, including those for Central American and Caribbean reconstruction aid in the wake of hurricanes that struck the region in late 1998; additional aid for Jordan, the most urgently sought portion of a three-year package for Israel, Jordan, and the Palestinians to help implement the terms of the Wye Memorandum negotiated in October 1998; farm loan assistance for farmers affected by continued low commodity prices; and Kosovo military and humanitarian operations, a proposal...
Appropriations for FY1999: Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to CRS reports that provide analytical perspectives on the 13 annual appropriations bills, and other related appropriation measures. It does not include a detailed explanation or description of the budget or appropriations processes. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Treasury, Postal...
NATO: Congress Addresses Expansion of the Alliance
On April 30, 1998, the Senate gave its consent to the amendment of the North Atlantic Treaty to admit Poland, the Czech Republic, and Hungary by a vote of 80-19. The President signed the Resolution of Ratification on May 22, 1998. On March 12, 1999, the three countries formally joined the alliance. On July 8, 1997, NATO named Poland, the Czech Republic, and Hungary as candidate states for admission to the alliance. On June 3, 1997, Representative Benjamin Gilman and others proposed the European Security Act of 1997 ( H.R. 1758 ). It was engrossed in H.R. 1757 , the Foreign Relations...
This year marks the 20th anniversary of the Taiwan Relations Act ( P.L. 96-8 , signed April 10, 1979). At the request of the Chairman of the House International Relations Committee, the Congressional Research Service (CRS), with partial funding from the Henry M. Jackson Foundation, conducted a workshop to assess the lessons and options for U.S. policy stemming from the U.S. experience with Taiwan under the Taiwan Relations Act (TRA) over the past 20 years. Workshop participants saw three general sets or clusters of lessons for U.S. policy stemming from the experience in managing...
Responding to the impact of Russia's financial crisis, President Clinton's budget requests $1 billion for FY2000 and $4.5 billion over five years for nuclear, biological, and chemical weapons threat reduction programs in the former Soviet Union. The added funds in this Expanded Threat Reduction Initiative (ETR) -- 35% over FY1999 levels -- will augment many ongoing programs funded under Department of Defense, Energy and Water, and Foreign Operations appropriations and significantly expand efforts in science and technology nonproliferation. Some members of Congress may question the...
The congressional debate on Kosovo has raised interest in previous cases where the United States military has intervened in other countries. Of these, nine are cited as providing some type of lesson or precedent for future action. In eight of these, the U.S. military used force: Vietnam, Lebanon, Grenada, Panama, Iraq, Somalia, Haiti, and Bosnia. In the ninth, Rwanda, the United States undertook a humanitarian mission. The numbers, purposes, circumstances and results of these interventions varied greatly. They have involved numbers of U.S. military personnel ranging, at peak, from about...
Justice Department Ethics: Legislative Activity in the 106th Congress
Three bills have been introduced in the Senate that focus on issues of federal prosecutorial ethics addressed in the Citizens Protection Act (McDade-Murtha) enacted as part of the omnibus appropriations package on October 21, 1998 (¿801 of P.L. 105-277 ) and effective six months thereafter. The McDade-Murtha provision requires Justice Department litigators to abide by the ethical standards of the states and local federal courts where they conduct their activities. One of the bills, S. 755 (introduced by Senator Hatch), would have simply delayed the effective date of the McDade-Murtha...
Trade and International Competition Policy
International competition policy is aimed at prohibiting private activities that restrict or distort competition particulary as they affect trade. It is both a process of harmonizing national competition policies and a goal of negotiating a multinational agreement on antitrust policy. Although every industrialized nation has national antitrust and competition laws, there is no consensus on the need for, shape of, or reach of an international competition policy. The World Trade Organization is exploring the possibility of including competition policy in its negotiating agenda....
Russia's Economic and Political Transition: U.S. Assistance and Issues for Congress
The adoption by Russia of a democratic political system and free market economic system is an objective of U.S. foreign policy facilitated by the foreign aid program funded under the New Independent States (NIS) account of the foreign operations appropriations. Since 1992, an estimated $2.3 billion has been obligated to assist this transition. The history of the aid program has been characterized by a declining amount of resources, multiple objectives, implementation problems, and mixed results. Some programs have had little positive impact and others have been affirmatively appraised by...
Fast-Track Legislative Procedures for Trade Agreements: The Great Debate of 1991
The last debate on whether or not to grant the President authority to negotiate trade agreements with "fast-track" legislative procedures was in 1991. Many issues that were raised in that debate are the same as those still being considered, including the role of labor and the environment in trade negotiations and whether legislation to implement trade agreements should be amendable. The result of the debate in 1991 was that Congress allowed the President an extension of negotiating authority with fast-track legislative procedures. At the same time, however, it gave strong directives to...
Russia: Primakov's Economic Policy Dilemma and U.S. Interests
Russia's devaluation of the ruble and default on its debts in August 1998 put it in its most serious crisis to date. If trends that created the crisis continue, Russia is faced with a vicious downward cycle toward dire economic straits hyperinflation, steep reduction in output and income, default on debts precluding the ability to borrow; political weakness disintegration of central government power with increased corruption and instability, and growing military dissent inviting a political implosion resulting in a threatened collapse of Russia's ability to govern. The Russian...
The 106th Congress is being called on to consider legislation on U.S. support for Taiwan's military defense needs, based in part on a congressionally-mandated U.S. Defense Department (DoD) report released in February 1999 on "The Security Situation in the Taiwan Strait." To respond to a number of inquiries, CRS has prepared this brief analysis of the 28-page DoD report. The DoD report provides an authoritative and straight-forward review of the status and short term outlook of military forces on the People's Republic of China (PRC) and Taiwan sides of the Taiwan Strait. It concludes that...
Russia's Religion Law: Assessments and Implications
This short report provides an overview and assessment of the Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and religious groups are endeavoring to register by the December 31, 1999 deadline. The Administration and Congress have urged Russia to uphold its international commitments to religious freedom. Omnibus Appropriations for FY1999 ( P.L. 105-277 ; including foreign operations appropriations) prohibits Freedom Support Act aid to Russia unless the President determines and certifies that the Russian government has not...
Appropriations for FY1999: An Overview
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to CRS reports that provide analytical perspectives on the 13 annual appropriations bills, and other related appropriation measures. It does not include a detailed explanation or description of the budget or appropriations processes.
Cruise Missile Inventories and NATO Attacks on Yugoslavia: Background Information
This short report provides background information on the Air Force’s Conventional Air-Launched Cruise Missile (CALCM) and the conventionally armed version of the Navy’s Tomahawk land-attack cruise missile (TLAM).
Capital Punishment: Summary of Supreme Court Decisions During the 1997-98 Term
In 1972, the U.S. Supreme Court found the death penalty as written in various state laws to be "arbitrary and capricious". Therefore, the Court found it to be unconstitutional under the Eighth and Fourteenth Amendments and subsequently, executions throughout the states were stopped. Shortly after that, states began to rewrite their capital-crime laws using the new guidelines promulgated by the Court and capital punishment was resumed in the United States. None of the cases decided during the last term (1997-98) are likely to be remembered as landmark decisions which will...
House and Senate Rules of Procedure: A Comparison
This report compares selected House and Senate rules of procedure governing various stages of the legislative process: referral of legislation to committees; scheduling and calling up measures; and floor consideration. The appendices provide sources of additional information about House and Senate rules of procedure.
Kosovo Conflict Chronology: September 1998 - March 1999
Kosovo is a province in southern Serbia with a majority Albanian population that seeks independence. Long-simmering tensions between the Serbian government authorities and the ethnic Albanian majority in Kosovo erupted into large-scale violence beginning in February 1998. An October 1998 agreement brokered by U.S. envoy Richard Holbrooke with Yugoslav President Slobodan Milosevic, and backed by the threat of NATO air strikes, achieved a brief pause in the fighting. A January 1999 massacre of ethnic Albanian civilians in Racak prompted renewed international focus on the situation in Kosovo...
Gun Industry Liability: Lawsuits and Legislation
This report discusses gun industry liability issues after the Maryland Court of Appeals announced that it was changing the common law "to hold the manufacturers and marketers of Saturday Night Special handguns strictly liable to innocent persons who suffer gunshot injuries from the criminal use of their products." Kelley v. R.G. Industries, Inc., 497 A.2d 1143, 1159 (Md. 1985).
This report presents arguments for and against congressional resolutions to disapprove President Clinton's February 26, 1999 certification of Mexico as a fully cooperative country in efforts to control illicit narcotics. (1) These resolutions (H.J.Res. 35 Bachus, and H.J.Res. 43 Mica and Gilman) would disapprove the President's certification, but would permit him to avoid withholding of assistance to Mexico if he determined that vital national interests required such assistance. While the drug certification legislation requires that Congress act within 30 calendar days after...
Military Contingency Funding for Bosnia, Southwest Asia, and Other Operations: Questions and Answers
For several years, Members of Congress have been concerned by the strains that military contingency operations have placed on the U.S. armed services and the Department of Defense budget. Because the costs of such missions rarely are funded in advance, problems arise when funds must be shifted from training, maintenance, or weapons modernization to cover their costs. The Administration has proposed mechanisms that would ease the strain, but Congress has rejected them as an unacceptable curtailment of Congress' influence over such operations. Congress' unprecedented funding in...
Nursing facilities that choose to participate in the Medicaid program must comply with specific requirements relating to patients' rights, including transfer and discharge procedures. However, once a facility has voluntarily withdrawn from the Medicaid program, transfer and discharge protections no longer apply to residents in the facility. In 1998, the Vencor Corporation evicted large numbers of Medicaid residents from its nursing homes pursuant to its decision to withdraw from the Medicaid program. Congressional response following the Vencor case included consideration of H.R. 540 and ...
Caribbean Basin Enhancement Legislation
Legislation has been introduced to provide Caribbean Basin countries similar tariff benefits afforded Mexico under the North American Free Trade Agreement (NAFTA). On the House side, Title I of H.R. 984 ("Caribbean and Central American Relief and Economic Stabilization Act) would provide Caribbean Basin countries with essentially the same tariff treatment that Mexico receives under NAFTA. On the Senate side, so-called Caribbean Basin Initiative (CBI) enhancement legislation has been included in S. 371 , a bill to provide relief to the hurricane-ravaged countries of Central America. The...
The Persian Gulf: Issues for U.S. Policy, 1999
The Persian Gulf region contains both challenges and opportunities for the United States in 1999. Since October 1997, the United States and its partners on the United Nations Security Council have faced repeated crises with Iraq over its failure to cooperate with U.N.-mandated disarmament efforts. As 1998 ended, U.N. weapons inspectors from the U.N. Special Commission on Iraq (UNSCOM) reported that they were unable to perform their disarmament mission. They left Iraq just prior to a 70 hour U.S./British bombing campaign against Iraqi sites that could be used to reconstitute weapons of...
China and U.S. Missile Defense Proposals: Reactions and Implications
The Chinese government has strongly criticized U.S. announcements that it will develop or assist in deploying missile defense systems involving cooperation with U.S. allies in East Asia, and reports of such possible U.S. cooperation with Taiwan. For those in the United States, the U.S. plans have many perceived disadvantages and advantages; (1) the latter include notably providing degrees of protection for the United States and its allies against ballistic missile attack. Many in China believe that proposed U.S. development and deployment of ballistic missile defenses at home and in...
Child Care Subsidies: Federal Grants and Tax Benefits for Working Families
Most parents with minor children are employed, and for many child care is a significant but necessary expenditure. For poor families it can consume one-sixth of their income, while for middle income families it can sharply reduce the returns from working. Some parents do not use child care, arranging work schedules around the school day or leaving children home alone, while others rely on unpaid care by relatives. These arrangements sometimes reflect parental choice, but other times they indicate that paid child care is not affordable. Congress has authorized both federal grants and tax...
Credit Union Membership Act Implementation: Legal Issues
This report examines the background and issues of the litigation regarding Regulations implementing the Credit Union Membership Act of 1998 that is being challenged in court as impermissively expansive.
Defense Acquisition Workforce: Issues for Congress
In each of the past four fiscal years (FY1996-FY1999), Congress has directed the Administration to reduce the size of the Department of Defense (DOD) acquisition workforce—defined as the employees who participate in the development and procurement of weapons, equipment, and provisions for the military services. These mandates reflect a view in Congress that the workforce has not been downsized in proportion to the decline in of the overall defense budget in general, nor of the acquisition portion of the defense budget, in particular.
As Congress and the Administration have debated the...
Appropriations for FY1999: Legislative Branch
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Legislative Branch Appropriations.
Appropriations for FY1999: Legislative Branch
On October 21, 1998, President Clinton signed H.R. 4112 , the FY1999 Legislative Branch Appropriations Bill, into P.L. 105-275 . The act contains $2.350 billion, a 2.7% increase over the FY1998 appropriation of $2.288 billion. Later the same day, the President signed into law an omnibus appropriations bill that contains FY1999 emergency funding of $223.7 million for legislative branch activities. These funds were made available to cover expenses associated with the Year-2000 conversion of "information technology systems" ($16.9 million), to the Capitol Police Board for security of the...
Criminal Aliens: Expanded Detention, Restricted Relief from Removal
Congress began targeting criminal aliens as a deportation priority in the 1980s, and the 104th Congress furthered this effort in two major laws: the Antiterrorism and Effective Death Penalty Act (AEDPA) ( P.L. 104-132 ) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (Division C of P.L. 104-208 ). Together, these laws require the continued detention of most criminal aliens until their removal from the U.S. These laws also tightly restrict the opportunity for aliens who commit crimes to obtain relief from being sent abroad. Even resident aliens...
House Committee Hearings: Scheduling and Notification
Each House committee has authority to hold hearings whether the House is in session, has recessed, or has adjourned (Rule XI, clause 2(m)(1)(A)). Regardless of the type of hearing, or whether a hearing is held in or outside of Washington, hearings share common aspects of planning and preparation. this report discusses the issues a committee faces in deciding whether to schedule a hearing.
The Supreme Court in Cedar Rapids Community School District v. Garret F. held that the related services provision in the Individuals with Disabilities Education Act (IDEA) required the provision of certain supportive services for a ventilator dependent child despite arguments from the school district concerning the costs of the services. Relying on a previous Supreme Court decision, Irving Independent School District v. Tatro, 468 U.S. 883 (1984), the Court in a seven to two decision continued to support the "bright line" rule stating that only medical services which must be provided...
Mexico and Drug Certification in 1999: Consequences of Decertification
President Clinton certified, on February 26, 1999, that Mexico was fully cooperative in counter- narcotics efforts with the United States, setting in motion a 30-calendar-day period in which the Congress may review the President's decision. In recent years, congressional resolutions were advanced but not enacted to disapprove the President's certifications after President Clinton certified Mexico as a fully cooperative country. This report summarizes the drug certification procedures and indicates the types of U.S. assistance that would be suspended or exempted if Mexico were to...
China's Response to the Global Financial Crisis: Implications for U.S. Economic Interests
Since 1997, several East Asian economies (notably Indonesia, Thailand, and South Korea), and since 1998, Russia and Brazil, have experienced significant financial difficulties, including sharp currency depreciations, plunging stock market prices, and declining economic growth. The global financial crisis contributed to a slowdown in the growth of the Chinese economy in 1998, especially its export sector, although it fared better than most of its East Asian neighbors, many of whom fell into recession. However, many analysts have expressed concern that a deepening of the global...
Engrossment, Enrollment, and Presentation of Legislation
Engrossment, enrollment, and presentation of legislation are technical components of the legislative process. They attest to the accuracy of bill texts, confirm passage by the House and Senate, and confirm delivery of the bills to the President for his review.
Taxpayer Bill of Rights 3: 1998 Tax Law, Part 1 - New Rules for Innocent and Ex-Spouses
This is the first in a series of reports designed to analyze changes to tax law made in the Taxpayer Bill of Rights 3, enacted as Title III of the IRS Reform and Restructuring Act of 1998 ( P.L. 105-206 ). This report describes and analyzes the liability of spouses for taxes due on joint returns, the recent changes in that law, and its historical development. It will be updated as necessary. Shortly after the enactment of the modern income tax law, it was amended to permit joint returns for spouses. IRS soon took the position that, when joint returns were filed, spouses were to be treated...
Managed Care: Recent Proposals for New Grievance and Appeals Procedures
Because managed care is premised on notions of cost and the ability to control the utilization of health care services, many fear that decisions involving access to treatment and reimbursement are made improperly; that the cost of treatment plays an increasingly important role in the decision- making process. Concern over decision-making and treatment costs has prompted greater attention to the rights of participants to appeal denials of treatment and to file grievances about other plan decisions. Some believe that improved grievance and appeal rights would not only empower patients, but...
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): A Fact Sheet
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1) has been pending before the Senate Foreign Relations Committee since its submission by President Carter in 1980. The treaty requires States parties to take all appropriate measures to eliminate discrimination against women in political and public life, law, education, employment, health care, commercial transactions, and domestic relations. While the Committee briefly considered the treaty in 1994, the full Senate has never done so. The Clinton Administration has repeatedly expressed support for...
During the final days of the 105th Congress, the House and Senate considered a series of emergency supplemental initiatives providing funds for American farmers affected by natural disasters and low commodity prices, embassy security and counter-terrorism programs in the wake of the August embassy bombings, year 2000 (Y2K) computer requirements, the costs of maintaining U.S. troops in Bosnia, defense readiness, counter-narcotics interdiction initiatives, and domestic natural disaster related needs. Supplementals officially requested by the President totaled about $8.9 billion. Following...
The issue arises occasionally whether it might be desirable to amend the U.S. Constitution to add an environmental provision such as one declaring an individual right to a clean environment. Some attention was given this issue during the 1970s, when over a dozen states adopted clean environment or other environmentally oriented provisions in their constitutions. Our focus here is solely personal right to a clean environment provisions and the questions they raise. Are they self- executing, or dependent instead on implementing legislation? Do they create private rights of action? If so, on...
House Rules Affecting Committees
House Rules, especially Rules X-XIII, govern the authority and operations of its committees and subcommittees. This report identifies and summarizes these and other rules and directives affecting committee powers, authority, activities, and operations.
Independent Counsel Law: Derivation of Major Changes to Provisions
This document also available in PDF Image . This report traces the changes and derivation of the major amendments to the provisions of federal law authorizing the appointment of what is now called an "independent counsel." The original 1978 language of the law, enacted as part of the Ethics in Government Act of 1978 ( P.L. 95-521 ), is provided in full in the left-hand column of the chart. The entire text of the current provisions of law (from the 1994 reauthorization, P.L. 103-270 ) is set out in the far right-hand column of the chart. The statutory text of significant changes in the...
The Russian Financial Crisis of 1998: An Analysis of Trends, Causes, and Implications
Since May of 1998, Russia has been caught in the latest, and likely the most serious, in a series of economic crises. The crisis came to a head on August 17, 1998, when the government of then- Premier Sergei Kiriyenko abandoned its defense of a strong ruble exchange rate against the dollar, defaulted on government domestic debt forcing its restructuring, and placed a 90-day moratorium on commercial external debt payments. Those actions led to Yeltsin's dismissal of Kiriyenko on August 23, replaced, after a political standoff with the Duma, by a more leftward-leaning government led by...
Justice Department Ethics and the McDade-Murtha Citizens Protection Act
This is an abridged version of Justice Department Ethics and Section 801 of the Omnibus Appropriations Law for Fiscal Year 1999 , CRS Report RL30060(pdf) , without the citations, footnotes, authorities and appendices found in the more detailed presentation. Section 801 of the omnibus appropriations law, a proposal originally offered by Congressmen McDade and Murtha and passed in October of 1998, P.L. 105-277 , requires federal prosecutors to follow state and federal rules of professional ethics in effect in the states where they conduct their activities. It also continues in place the...
From its inception, the United States has fostered and encouraged unfettered discussion and debate regarding political issues facing the nation. Indeed, the First Amendment affords the greatest protection to political expression, to assure the free interchange of ideas. Coupled with this respect for free speech and political expression, though, is the sometimes contrary notion that states possess authority to regulate the electoral process in order to avoid campaign related disorder. Due to the increased popularity of the use of ballot initiatives and referendums as a tool for political...
Aviation: Direct Federal Spending, 1918-1998
The federal government has played a large role in the development of aviation. In the ten years prior to 1918 this role was exclusively military in origin. Beginning in 1918, with the first air mail flights, commercial aviation became a growing focus of federal attention and assistance. In the intervening 80 years the federal government has spent $155 billion in support of aviation activities. This report details, and comments on, federal assistance provided directly in support of commercial aviation. Direct assistance in this view can take several forms; for example, the...
Proposed Budget Process Reforms in the Senate: A Brief Analysis of Senate Resolutions 4, 5, 6, and 8
South Korea's Economic Prospects
As South Korea has completed a full year of restructuring under an International Monetary Fund (IMF) imposed program, the prospects for a sustained economic recovery are mixed. While the financial crisis that broke out in October 1997 has been alleviated, the contraction of South Korea's economy intensified in 1998. A significant drop in Gross National Product, as well as a rapid increase in unemployment, has precipitated Seoul's most serious economic and social crisis since the end of the Korean War. To return the economy to a healthy growth trajectory, the government is attempting to...
At the present time, there are no binding rules of evidence or set of evidentiary principles to be applied in Senate impeachment trials. Rather, recourse is taken to the evidentiary rules and principles applicable in contemporaneous court proceedings and to precedents from past impeachment trials to provide guidance for Senate Impeachment Trial Committees or for the full Senate on evidentiary questions which arise in the impeachment context. This report compiles selected evidentiary precedents from the Senate impeachment trials of Judges Walter L. Nixon, Jr., Alcee L. Hastings, Harry E....
Bills and Resolutions: Examples of How Each Kind is Used
This report provides background information regarding the bill and joint resolution, which must be passed by both houses in identical form, then presented to the President for his approval or disapproval.
The Superfund program is the principal federal effort for cleaning up hazardous waste sites and protecting public health and the environment from releases of hazardous substances. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) established the program, and the Superfund Amendments and Reauthorization Act of 1986 (SARA) amended it. This report is a compendium of data and other pertinent information about CERCLA and the Superfund program, followed by a glossary. The law's strict, joint and several, and retroactive liability regime requires...
Capping three years of political instability, a fourth government since the December 1995 election has been formed in Turkey to lead the country to new elections on April 18, 1999. The maneuvering of politicians and the interference of the powerful Turkish military in politics have produced the governmental turnovers. The military continues to be wary of a possible strong showing by Islamists in the coming vote. New Prime Minister Bulent Ecevit, an ardent secularist and nationalist, reportedly has little hope of accomplishing much during his very brief tenure. Pending foreign policy issues...
This report describes the process of reaching the final agreement between house and senate over the final version of a bill that the two houses have passes in different forms.
Joint Combined Exchange Training (JCET) and Human Rights: Background and Issues for Congress
Recent press articles describe U.S. special operations forces (SOF) training under the Joint Combined Exchange Training (JCET) program in countries where human rights abuses have allegedly or actually taken place. Joint Combined Exchange Training is carried out under provisions in 10 USC 2011. The law allows the regional commanders and the commander of the U.S. Special Operations Command to pay for deploying and training U.S. SOF teams as long as the primary purpose of the activity is to train the U.S. special operations forces. One of the primary unconventional warfare / foreign...
The Americans with Disabilities Act and Rights to Community Care: Olmstead v. L.C.
The Supreme Court granted certiorari on December 14, 1998 in Olmstead v. L.C. to address the issue of whether the public services portion of the Americans with Disabilities Act (ADA) compels the state of Georgia to provide treatment for the plaintiff mentally disabled persons in community placement when such treatment could be provided in a state mental institution. For a more detailed discussion of the ADA in general see Jones, "The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues," CRS Report 98-921 (Nov. 4, 1998). This report will not be updated.
Bills, Resolutions, Nominations, and Treaties: Origins, Deadlines, Requirements, and Uses
In addition to bill and/or joint resolution this report presents two other acts of congress; 1) nominations and 2) treaties. It also discusses the characteristics and uses of six different kind of business before Congress, such as designation, origin, deadline for action, requirements for approval, and use.
Environmental Risk and Cost-Benefit Analysis: A Review of Proposed Legislative Mandates, 1993-1998
Between 1993 and 1998 Congress considered many proposals that aimed to increase or improve the use of risk analysis by federal agencies, especially in developing environmental rules. This report describes differences and similarities among selected provisions of key proposals: Senate-passed Johnston amendments to S. 171 and S. 2019 in the 103rd Congress; S. 343, as reported by the Committee on the Judiciary, in the 104th Congress; House-passed H.R. 9 in the 104th Congress; S. 981, as reported by the Committee on Governmental Affairs, in the 105th Congress, and S. 1728, as introduced, in...
Committee System Rules Changes in the House, 106th Congress
This fact sheet details changes in the committee system contained in H.Res. 5, the rules of the House for the 106th Congress.
The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status
In City of Boerne, Texas v. Flores (1) the Supreme Court on June 25, 1997, held the "Religious Freedom Restoration Act" (RFRA) to be unconstitutional as applied to the states. Congress enacted RFRA in 1993 in response to an earlier Supreme Court decision -- Employment Division, Oregon Department of Human Resources v. Smith (2) -- which had construed the free exercise clause of the First Amendment to prohibit only government action which intentionally burdens the exercise of religion. In RFRA Congress sought to broaden the legal protection afforded religious exercise...
While the authority to regulate political expression is sharply circumscribed by the Constitution, states traditionally have been granted significant leeway in regulating the electoral process for the sake of efficiency and veracity. Due to an increase in state attempts to regulate petition initiatives, these two divergent bodies of law have given rise to a great deal of confusion as to the point at which state regulation of the electoral process becomes violative of First Amendment freedoms. The Supreme Court addressed this conflict recently in Buckley v. American Constitutional...
House Committee Jurisdiction and Referral: Rules and Practice
This report briefly discusses the factors that determine House committee jurisdiction and more specifically House Rule X.
Global Climate Change: Carbon Emissions and End-Use Energy Demand
This report presents an analysis of the potential impacts of the Kyoto Protocol on U.S. energy demand. The analysis focuses on 27 common end-uses — light duty vehicles, residential space heating, industrial direct process heat, etc. — that describe the way energy is used in the United States
Standard of Proof in Senate Impeachment Proceedings
The Constitution gives the United States Senate the responsibility for trying impeachments, but does not address the standard of proof that is to be used in such trials. This report concludes that an examination of the constitutional language, history, and the work of legal scholars provides no definitive answer to the question of what standard is to be applied. In the final analysis the question is one which historically has been answered by individual Senators guided by their own consciences.
Radio Free Iraq and Radio Free Iran: Background, Legislation, and Policy Issues for Congress
This report tracks legislation and issues pertaining to implementation of two new surrogate broadcasting entities: Radio Free Iraq and Radio Free Iran. Since the end of the Cold War, the U.S. government has continued to apply foreign policy tools (that had helped promote the overthrow of communism) to current targeted situations such as the threat posed by radical anti-American regimes in Iraq and Iran. One such tool is surrogate broadcasting. After the 1997-1998 confrontations over access to suspected weapons sites in Iraq, Congress began considering various nonmilitary ways to...
The International Criminal Court Treaty: Description, Policy Issues, and Congressional Concerns
The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC) concluded five weeks of negotiations on July 17, 1998 in Rome, Italy, by adopting an agreement to establish a permanent international criminal court. Of the more than 160 nations that participated in the Rome Conference, 120 nations voted to adopt the Rome Statute of the International Criminal Court, 7 nations voted against it, while 21 nations abstained. The United States rejected the final document primarily because of the broad jurisdictional powers granted to the...
This report describes more than 35 print, electronic, and Internet sources of information on financial support, and lists a few of the current general guides to writing grant proposals.
The Future of the Citizen Suit After Steel Co. and Laidlaw
Two recent court decisions have called into question the viability of environmental citizen suits. In Steel Co. , the Supreme Court denied plaintiff standing in a citizen suit where the defendant came into compliance after plaintiff sent its notice of intent to sue, but before it filed the complaint. Subsequently , the Fourth Circuit in Laidlaw invoked mootness doctrine to extend Steel Co. to where the citizen-suit defendant achieves compliance after the complaint is filed, but before entry of final judgment. To be sure, both suits resulted in compliance. But they also allow...
Federal Government Information Technology Policy: Selected Issues
Federal government information technology (IT) is an important part of the federal mission to serve Americans. Federal government IT policy can improve how services and information are provided to citizens, increase the timeliness and quality of federal agencies' responses, and save federal tax dollars by improving government efficiency. Protection and security of individuals' privacy, as well as making appropriate federal data more transparent and available for its citizens, are the ultimate goals of federal agency IT policies. But there are some questions and concerns regarding federal...
Foreign and Defense Policy: Key Issues in the 106th Congress
When the 106th Congress comes to work in January, its first order of business will be to deal with the impeachment of the President of the United States. The 1998 congressional campaigns and elections suggested that the agenda of the 106th Congress also will be largely domestic in its focus: Social Security, health care, and education were the order of the day in campaigns across America and on post-election news programs. Indeed, of the issues discussed in this report, only increased defense spending to address military readiness and retention of trained military personnel has been...
Budget FY1999: A Chronology with Internet Access
This is a select chronology of, and a finding guide for information on, congressional and presidential actions and documents related to major budget events in calendar year 1998, covering the FY1999 budget. Brief information is provided for the President’s budget, congressional budget resolutions, appropriations measures (regular, continuing, supplementals, and rescissions), budget reconciliation, House and Senate votes, line-item vetoes, publications, testimony, charts, and tables.
Sampling for Census 2000: A Legal Overview
Sampling and statistical adjustment of the decennial population census taken for the purpose of apportioning the Representatives in Congress among the States, have become increasingly controversial during the past two decades and have culminated in two lawsuits concerning the legality and constitutionality of sampling, Department of Commerce v. U.S. House of Representatives and Clinton v. Glavin , which were heard by the U.S. Supreme Court in consolidated oral arguments on Nov. 30, 1998. The Supreme Court took the case on a direct appeal from the decisions by two three-judge district...
In the aftermath of the December 16-19 U.S.-British bombing campaign against Iraq (Operation Desert Fox), the United States continues to search for a sustainable and effective means of ending the threat posed by Iraq. Many in Congress believe that U.S. policy should focus primarily on removing Saddam Husayn from power. The Administration says it is working toward that outcome but that achieving it will be difficult. According to the Administration, near term U.S. policy should focus primarily on preventing any restart of Iraq's weapons of mass destruction (WMD) programs and on containing...
Federal Land and Resource Management: A Primer
Four federal agencies administer most of the U.S. government's land. The National Park Service administers the Park System for recreation use and preservation. The Fish and Wildlife Service manages wildlife refuges primarily for protecting and improving fish and wildlife habitats. The Bureau of Land Management manages the public lands for sustained yields of multiple uses grazing, recreation, timber, water, and fish and wildlife. The Forest Service similarly manages the national forests. Most forests and public lands are also available for mineral exploration and development. Three...
Appropriations for FY1999: U.S. Department of Agriculture and Related Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Agriculture Appropriations.
Appropriations for FY1999: U.S. Department of Agriculture and Related Agencies
The conference agreement on the FY1999 omnibus appropriations bill ( P.L. 105-277 / H.R. 4328 ) was signed into law on October 21, 1998. The measure contains $55.9 billion in regular FY1999 appropriations for the U.S. Department of Agriculture and related agencies and $5.9 billion in emergency disaster and economic assistance for agriculture, for a total of $61.8 billion. The House and Senate earlier had approved a separate conference agreement for FY1999 USDA appropriations ( H.R. 4101 ), but the President vetoed the measure because its emergency provisions did not authorize an increase...
Grand Staircase-Escalante National Monument
President Clinton created the Grand Staircase-Escalante National Monument in Utah, by proclamation on September 18, 1996. The Monument contains geological, paleontological, archeological, biological, natural, and historical resources. It is managed by the Bureau of Land Management (BLM) under interim guidelines, pending approval of a final management plan and environmental impact statement (EIS) by September 18, 1999. The creation of the Monument was controversial. Issues include the President's use of the Antiquities Act of 1906 to create the Monument; the Monument's general effect on...
Appropriations for FY1999: Defense
Congress completed action on FY1999 defense authorization and appropriations bills on October
- The House approved the conference report on the defense authorization bill ( H.R. 3616 ) on September 24 and the Senate on October 1. The President signed the bill into law ( P.L. 105-261 ) on October 17. The House approved the conference report on the defense appropriations bill (H.R. 4103) on September 28 and the Senate on September 29. The President signed the bill into law ( P.L. 105-262 ) on October 17, as well. Later Congress approved additional funding for defense programs in the FY1999...
The International Labor Organization and International Labor Issues in the 105th Congress
The International Labor Organization (ILO) is a specialized technical agency of the United Nations system. It has an assessed budget, which means that each nation's contribution is set as a percent of the total ILO budget. In the ILO, government representatives are joined by delegates representing a country's worker and employer organizations, who always, theoretically, speak and vote independently of their governments. The ILO addresses workers' rights, such as child labor and working conditions. It does this through the negotiation, adoption, and implementation of labor standards as...
Appropriations for FY1999: Defense
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to CRS reports that provide analytical perspectives on the 13 annual appropriations bills, and other related appropriation measures. It does not include a detailed explanation or description of the budget or appropriations processes. It is designed to supplement the information provided by the House and Senate Defense Appropriations Subcommittees.
Russian Missile Technology and Nuclear Reactor Transfers to Iran
Many in Congress and the Clinton Administration charge that Russian entities are assisting Iran in developing ballistic missiles. Russia is also building a nuclear power station in, and is furnishing other nuclear services to, Iran. Congress has passed legislation requiring the President to impose sanctions for missile technology transfers, arms sales, nuclear technology transfers, and large-scale investments in Iran. H.R. 2709 , which includes the "Iran Missile Proliferation Sanctions Act of 1997," is one of several bills designed to tighten existing sanctions law. It was amended and...
This report is a primer for those who wish to familiarize themselves with the process through which Congress acts on the U.S. defense budget. The report defines basic defense budget-related terms, describes the structure of the defense budget, briefly reviews the budget planning process within the Department of Defense (DOD), outlines in some detail the successive phases of the congressional defense budget process, and provides a short review of budget execution. The defense budget is not a single document or product, but more a series of spending commitments that can be measured and...
Censure of the President by the Congress
There is no express constitutional provision which authorizes Congress to "censure" the President or any other executive branch official. A censure of the President does not appear to be, and has not traditionally been, part of the impeachment process, which involves an impeachment in the House and a trial and conviction in the Senate. A censure of the President is clearly not part of Congress' express authority to "punish" its own Members (Article I, Section 5, clause 2), nor would it be in most cases within the inherent contempt powers of legislatures to protect the dignity, privileges...
Appropriations for FY1999: Department of Transportation and Related Agencies
The text of this report is a guide to of the original (Department of Transportation and Related Agencies) appropriations bill for FY1999. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Transportation Appropriations. It summarizes the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity. The report lists the key CRS staff relevant to the issues covered and related CRS products.
Appropriations for FY1999: Department of Transportation and Related Agencies
For FY1999, the U.S. Department of Transportation (DOT) requested total funding of approximately $43 billion, a 1% increase over the FY1998 enacted level of $39 billion. The FY1999 budget request for the DOT was similar in many respects to the FY1998 appropriation. There are many "macro" issues or factors that are influencing the debate over the Administration's FY1999 budget request. Some of them have been carried over from the previous fiscal year. Complicating the budget process had been the delay associated with reauthorizing many of the Department's programs. The recently...
School Prayer: The Congressional Response, 1962 - 1998
For at least a century and a half the issue of school prayer has periodically convulsed the body politic. But only in recent times -- since 1962 when the Supreme Court in Engel v. Vitale held government sponsorship of devotional activities in the public schools to be unconstitutional -- has Congress become persistently involved. Since that decision Congress has considered a variety of measures to promote or permit devotional activities in the public schools: (1) Constitutional amendments -- Numerous proposals have been introduced in every Congress since Engel to overturn or limit...
The "Son of Sam" Case: Legislative Implications
In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the...
India-Pakistan Nuclear Tests and U.S. Response
On May 11 and 13, 1998, India conducted a total of five underground nuclear tests, breaking a 24-year self-imposed moratorium on nuclear testing. Pakistan followed claiming 5 tests on May 28, 1998, and an additional test on May 30. The Indian tests, which appear to have completely surprised the U.S. intelligence and policy community set off a world-wide storm of criticism. President Clinton announced, on May 13, 1998, that he was imposing economic and military sanctions mandated by Sec. 102 of the Arms Export Control Act (AECA.) The Administration applied the same sanctions to Pakistan on...
Revenue Provisions in Annual Appropriations Acts
Under the standing rules and practices of the House of Representatives and the Senate, legislation affecting the revenues of the federal government usually is considered separately from legislation providing annual appropriations to federal agencies. Coordination of revenue and spending decisions occurs under the congressional budget process, in which the appropriate aggregate levels of revenue and spending for a multi-year period are set forth in a concurrent resolution on the budget. The revenue and spending legislation necessary to implement budget resolution policies, however, usually...
East Asia and the Pacific: Issues at the End of the 105th Congress
U.S. policy in East Asia and the Pacific since the end of the cold war is subject to often competing pulls from U.S. economic, security and political interests. Nonetheless, workable agreement has been reached on keeping some U.S. military forces actively involved in the region, keeping U.S. markets open to regional exports, and toning down at least temporarily earlier U.S. emphasis on human rights and other values in policy toward China and some other regional states. Interviews with twenty-five congressional staff members of both parties and both chambers who deal directly with issues...
Appropriations for FY1999: Labor, Health and Human Services, and Education
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education.
R&D Partnerships: Government-Industry Collaboration
Efforts by the 104th Congress to eliminate several government-industry-university research and development partnership programs reflected some opposition to federally funded programs designed to facilitate the commercialization of technology. Within the context of the budget decisions, the 106th Congress is expected to again debate the government's role in promoting collaborative ventures focused on generating new products and processes for the marketplace.
Cooperative Research and Development Agreements
A Cooperative Research and Development Agreement (CRADA) is a mechanism established by P.L. 99-602, the Federal Technology Transfer Act, to allow the transfer of technology, knowledge, and expertise from government laboratories to the private sector for further development and commercialization. The government provides support in the way of overhead for research and development performed in the federal laboratory and is prohibited from providing funding directly to the partner in the collaborative effort. Currently, more than 5,000 CRADAs have been signed. As the 105th Congress determines...
Veterans Issues in the 105th Congress
This report focuses on policies, programs, and benefits of interest to veterans. Included are discussions of issues before the 105th Congress, and the current status of major legislation.
Appropriations for FY1999: Military Construction
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Legislative Branch Appropriations.
Appropriations for FY1999: Military Construction
The military construction (MilCon) appropriations bill finances (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) most base realignment and closure costs. This report reviews the appropriations and authorization process for military construction. The congressional debate perennially centers on the adequacy of the President's budget for military construction needs and the cases for and against congressional additions, especially for Guard...
The Trade and Development Agency: Background and Funding
Congressional interest in linking foreign aid more directly with commercial interests has waxed and waned throughout the 1990s as increasing demands have been placed on the U.S. budget, constituent support for more traditional foreign aid has dwindled, and U.S. industries have increasingly sought federal assistance in garnering foreign sales. The Trade and Development Agency (TDA), operating since 1982, is one of several government agencies involved in "aid for trade"--programs that combine development assistance and export promotion. The agency provides grants directly to...
Appropriations for FY1999: VA, HUD, and Independent Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Subcommittees on VA, HUD and Independent Agencies Appropriations.
Foreign Policy Agency Reorganization in the 105th Congress
On April 18, 1997, the Clinton Administration announced a plan to reorganize the foreign policy agencies. The two-year plan would require significant internal restructuring of the State Department, and eliminate two other agencies--the Arms Control and Disarmament Agency (ACDA) and the U.S. Information Agency (USIA) whose functions and personnel would be absorbed by State. It would integrate ACDA into State within the first year, and USIA into State by the end of 1999. The implementation process would begin after a 120-day planning period. The U.S. Agency for International Development...
Clearcutting in the National Forests: Background and Overview
Clearcutting is a method of harvesting and regenerating trees in which all trees are cleared from a site and a new, even-aged stand of trees is grown. Clearcutting is the primary method of timber production and management in the national forests. However, this method of harvesting trees has been controversial since at least the 1960s. Many environmental and citizen groups object to clearcutting in the national forests, citing soil and water degradation, unsightly landscapes, and other damages. The wood products industry argues that clearcutting is an efficient and successful silvicultural...
Appropriations for FY1999: District of Columbia
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on the District of Columbia.
Israeli-Palestinian Peace Process: The Wye River Memorandum
On October 23, 1998, Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Chairman Yasir Arafat signed the Wye River Memorandum which delineates parallel, incremental steps to be taken over a 12-week period to complete implementation of prior agreements. A time line attached to the Memorandum defines an exchange of Israeli redeployments from the West Bank for concrete security measures to be taken by the Palestinians. Congress may be concerned about provisions that appear to expand the U.S. role, especially about unusually visible Central Intelligence Agency activity...
The Encryption Debate: Intelligence Aspects
The 106th Congress is expected to resume an ongoing debate on restricting the export of sophisticated computer encryption systems. In the 105th Congress strong support for removing encryption export restrictions and allowing U.S. software firms to compete in the world marketplace was balanced by concern that widespread availability of such systems could undercut important law enforcement and intelligence interests. No encryption legislation passed in the 105th Congress. The Clinton Administration relaxed some restrictions on encryption sales based on existing export legislation, but...
Immigration-Related Provisions of the "International Religious Freedom Act" (P.L. 105-292)
On October 27, 1998, President Clinton signed the "International Religious Freedom Act" ( P.L. 105-292 , H.R. 2431 ). The refugee and asylum provisions of this Act focus on assuring informed and accurate determinations of individual requests for safe haven. More particularly, the Act incorporates the results of newly required studies on religious persecution into the training of officials who determine refugee and asylum claims. Separate provisions address eliminating other potential biases and inaccuracies in screening applicants for asylum and refugee status. Furthermore, certain aliens...
Appropriations for FY1999: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share -- over two-thirds -- of total U.S. international affairs spending. For Foreign Operations programs, President Clinton sought $13.6 billion in discretionary budget authority for FY1999, nearly $800 million, or 6% higher than available for FY1998. But unlike a year ago, when the President concentrated most of the added funds requested on a few...
The New Vacancies Act: Congress Acts to Protect the Senate’s Confirmation Prerogative
Since at least 1973, the Justice Department (DOJ) has taken the position that any executive department or agency whose authorizing legislation vests all powers and functions of the agency in its head and allows the head to delegate such powers and functions to subordinates in her discretion, does not have to comply with the Vacancies Act, which limits the time during which advice and consent positions may be filled by temporary designees before a nomination is forwarded to the Senate. All executive departments have such provisions. As a consequence, during 1998 some 20% of the 320 advice...
Appropriations for FY1999: Foreign Operations, Export Financing, and Related Programs
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Foreign Operations.
The Telecommunications Act of 1996 (P.L. 104-104): A Brief Overview
The melding of telecommunications, video, and computers is having an impact on telecommunications industry structure, as traditional telecommunications providers such as telephone and cable television companies expand their capabilities to become more generic multi-faceted "information providers." Digital technologies make it possible to distribute voice, data, and video on the same communications channel. Combined with new alternative telecommunications delivery systems, competition is developing in many markets previously considered to be monopolistic. Telecommunications...
Impeachment Grounds: Part I: Pre-Constitutional Convention Materials
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes excerpts from Blackstone, Wooddeson, and the impeachment clauses in pre- Constitutional Convention state constitutions. It is the first of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . The President, Vice President and all Civil Officers of the United States, shall be...
Impeachment Grounds: Part 3: Hamilton, Wilson and Story
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes excerpts from No.65 of the Federalist Papers by Alexander Hamilton, and from the writings of his contemporaries Supreme Court Justices James Wilson and Joseph Story. It is the third of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . The President, Vice President and all Civil...
Impeachment Grounds: Part 4B: Articles of Past Impeachments
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution. It includes summaries and excerpts of impeachments under this section. It is the fourth of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . Due its length, this part has itself been divided in half and consists of two reports, Parts 4A and 4B.
Impeachment Grounds: Part 2: Selected Constitutional Convention Materials
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes excerpts from the notes of the debates at the Constitutional Convention in Philadelphia in 1787 and from a few of the state ratifying conventions. It is the second of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . The President, Vice President and all Civil Officers of the United...
International Crime: Russian Organized Crime's Role and U.S. Interests
International crime has become a major problem throughout the world. Transnational criminal organizations have benefitted from the global economy, as well as the break-up of the Soviet empire and birth of fragile new democracies, vulnerable to criminal exploitation. Russian criminal groups have become increasingly active in Europe and North America, sometimes working with foreign crime groups. They have engaged in money laundering and trafficking in arms, illegal goods, and people. A growing share of organized crime in the United States has foreign roots, including Russian ones. Besides...
Impeachment Grounds: Part 5: Selected Douglas/Nixon Inquiry Materials
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes excerpts from material prepared in connection with the impeachment inquiries involving Justice Douglas and President Nixon. It is the fifth of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . The President, Vice President and all Civil Officers of the United States, shall be...
Short-Run Macroeconomic Effects of Fundamental Tax Reform
Fundamental tax reform continues to receive attention from lawmakers, private advocacy groups, and tax analysts. Preeminent among the proposals is the replacement of the current income tax with some form of a consumption tax. Much of the discussion of the merits of consumption taxes relative to income taxes is centered on the kinds of incentives and efficiencies that the two kinds of taxes exhibit in the long run. Increasingly, however, analysts have begun to explore the transition (short- run) effects associated with shifting from an income tax to a consumption tax. Some of these...
Impeachment Grounds: Part 6: Quotes from Sundry Commentators
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes quotations from treatises and law reviews on the question. Unfortunately, the constraints of time and space, among others, preclude presentation of little more than a hint of the views of the cited works. It is the last of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . The President,...
Impeachment Grounds: Part 4A: Articles of Past Impeachments
This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes summaries and excerpts of impeachments under this section. It is the fourth of six segments that together with footnotes comprise, Impeachment Grounds: A Collection of Selected Materials, CRS Report 98-882(pdf) . Due its length, this part has itself been divided in half and consists of two reports, Parts 4A and 4B. The President, Vice President and all Civil Officers...
Appropriations for FY1999: Interior and Related Agencies
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Interior and Related Agencies Appropriations.
Holocaust-Related Legislation of the 105th Congress
Over 30 bills and resolutions related in some way to the Nazi-era Holocaust were introduced in the 105th Congress. Five of these were enacted or adopted: S. 1564 ( P.L. 105-158 ), the Holocaust Victims Redress Act, authorizes $25 million for Holocaust survivors and $5 million for archival research on Holocaust-era issues. It also urges the 15 European states receiving gold from the final disbursement of the Tripartite Gold Commission to donate those proceeds to Holocaust-related charities. S. 1900 ( P.L. 105-186 ), establishes the Presidential Advisory Commission on Holocaust...
Appropriations for FY1999: Interior and Related Agencies
The Interior and Related Agencies Appropriations bill includes funding for agencies and programs in five separate federal departments as well as numerous smaller agencies and diverse programs. On February 2, 1998, the President submitted his FY1999 budget to Congress. The request for Interior and Related Agencies totals $14.26 billion compared to the $13.79 billion enacted for FY1998 ( P.L. 105-83 ), an increase of $470 million. The actual increase for Title I and Title II agencies in the FY1999 request is $1.17 billion, offset by a nonrecurring appropriation of $699 million for...
Impeachment Grounds: A Collection of Selected Materials
This is a sampling of the material available on the question of what constitutes impeachable conduct for purposes of Article II, section 4 of the United States Constitution. It is arranged in chronological segments. The first covers those materials available on impeachment at the time the Constitution was drafted, Blackstone's Commentaries, Wooddeson's Lectures, and the impeachment clauses of the state constitutions. The second consists of the debates at the Constitutional Convention and the state ratifying conventions. The third includes explanations from those who participated in the...
This report explains the provisions of PL 105-298, reviews key aspects of the legislative history and notes changes from prior law.
Appropriations for FY1999: Energy and Water Development
The Energy and Water Development appropriations bill includes funding for civil projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation, much of the Department of Energy (DOE), and a number of independent agencies, including the Appalachian Regional Commission, the Nuclear Regulatory Commission (NRC), and the appropriated programs of the Tennessee Valley Authority (TVA). The Administration requested $21.7 billion for these programs for FY1999 compared with $21.0 billion appropriated for FY1998 and $19.97 billion for FY1997. The Senate, by a vote of...
Appropriations for FY1999: Energy and Water Development
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Energy and Water Development Appropriations.
Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It summarizes the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity.
"Hatch Act" and Other Restrictions in Federal Law on Political Activities of Government Employees
Most federal officers and employees are now generally free to engage in a broad range of partisan political activities on their own "free time" or "off-duty" hours. The provisions of the "Hatch Act Amendments of 1993" removed most of the restrictions on voluntary, free-time activities by federal employees in the executive branch of Government for or on behalf of partisan candidates or political parties, while providing more express prohibitions regarding on-the-job politics in federal offices. Employees in the executive branch of the Federal Government are, however, still restricted...
Nazi War Crimes Records Disclosure: Public Law No. 105-246
Public Law No. 105-246, amends the Freedom of Information Act (5 U.S.C. ¿552) to establish a presumption that Nazi war criminal records are to be made available to the public. This in effect requires all materials to be released in their entirety unless a Federal agency head concludes that the release of all or part of the records would compromise privacy or national security interests. The agency head must notify Congress of any decision to not release the records. In order to help expedite the process, the law establishes the Nazi War Criminal Records Interagency Working Group. This...
I.N.S. v. Aguirre-Aguirre: Asylum for Political Offenders
The Supreme Court has agreed to consider I.N.S. v. Aguirre-Aguirre, a case that focuses on granting asylum to participants in political protests and uprisings. Under the Immigration and Nationality Act, an alien who commits a serious nonpolitical offense abroad is barred from asylum in the U.S., but there is controversy over applying this bar to politically-motivated common crimes, such as assault and destruction of property. In addressing this controversy, the Court may decide how political conditions in a foreign country are to affect our standards for protecting dissidents who commit...
Obstruction of Justice Under Federal Law: An Abbreviated Sketch
Although in a given case the same misconduct may be punishable under other federal statutes -- some like 18 U.S.C. 1001 equally broad and others like 18 U.S.C. 1516 more narrowly drawn, this report focuses on selected aspects of the general obstruction of justice provisions found in 18 U.S.C. 1503, 1505, and 1512. It is essentially a replica, without footnotes or citations, of CRS Report 98-832(pdf) , Obstruction of Justice Under Federal Law: A Review of Some of the Elements . Section 1503 prohibits obstruction of pending federal judicial proceedings; section 1505 outlaws...
This report reviews the history and background of the cable and television satellite licenses of the Copyright Act, reviews the Satellite Home Viewer Act of 1994, and notes recent developments, including: the 1997 satellite license rate adjustment; pending bills relating to the compulsory licenses; and the August 1997 report of the Copyright Office on these licenses.
Obstruction of Justice Under Federal Law: A Review of Some of the Elements
This report focuses on selected aspects of the general obstruction of justice provisions found in 18 U.S.C. 1503, 1505, and 1512. Section 1503 prohibits obstruction of pending federal judicial proceedings; section 1505 outlaws obstruction of pending administrative and Congressional proceedings; and section 1512 bans witness tampering with the intent to obstruct federal judicial, administrative, or Congressional proceedings. Section 1503 condemns obstructing pending judicial proceedings under any of four kinds of interference. Three explicitly address interfering with federal jurors or...
This report provides an overview of the legal requirements for dual citizenship and some of the issues concerning dual citizenship. There are several potential problems and issues falling into two categories—first, actions which may result in expatriation from the U.S., i.e., loss of American citizenship, and second, potentially conflicting obligations to both countries, e.g., mandatory military service for men, double income taxation, voting privileges, public office or employment and repatriation of income from employment or investment abroad. The report will first discuss the legal...
Taiwan: The "Three No's," Congressional-Administration Differences, and U.S. Policy Issues
The controversy between the Clinton Administration and congressional critics over President Clinton's public affirmation in Shanghai on June 30, 1998 of the so-called "three no's" regarding U.S. policy toward Taiwan is the latest episode in over 20 years of arguments between the Administration and the Congress over appropriate U.S. policy in the U.S.-People's Republic of China (PRC)-Taiwan relationship. The "three no's" involve U.S. non-support for: Taiwan independence; one China, one Taiwan; and Taiwan representation in international organizations where statehood is a requirement. ...
Hemispheric Free Trade: Status, Hurdles, and Opposition
At the 1994 Summit of the Americas in Miami, 34 countries in the Western Hemisphere agreed to complete negotiations to create a "Free Trade Area of the Americas" (FTAA) no later than the year 2005. Since the summit, two approaches have emerged for promoting hemispheric free trade. The first approach involves the expansion and deepening of sub-regional groupings such as MERCOSUR (the Southern Cone Common Market) and the proliferation of bilateral free trade agreements. Most all countries of the Western Hemisphere -- except the United States -- have been active in this process. The...
The Marriage Penalty and Other Family Tax Issues
Proposals to reduce marriage tax penalties have received attention: an increase in the joint return standard deduction is included in H.R. 4579 , passed by the House on September 26. The Administration has proposed an increase in the child care credit; a number of bills have been introduced as well. Current law and proposed changes are addressed with respect to their effects on equity, efficiency, and administrative feasibility. Using an ability-to-pay standard in determining at what incomes families of different sizes are equal, the current tax rules favor large families across most...
Women have become an integral part of the armed forces, but they are excluded from most combat jobs. Several issues remain. One is whether to reduce, maintain, or expand the number of women in the services as the total forces are being reduced. A second question is to what extent women should continue to be excluded from some combat positions by policy. Would national security be jeopardized or enhanced by increasing reliance on women in the armed forces? Should women have equal opportunities and responsibilities in national defense? Or do role and physical differences between the sexes,...
This report summarizes the basic features of the television satellite compulsory license of the Copyright Act (17 U.S.C. 119), including the rate adjustment procedures; reviews the October 1997 rate adjustment setting the current 27-cent per signal per month per subscriber rate; and summarizes recent legislative proposals to stay further implementation of the 1997 rate adjustment, or to revise the section 119 license.
International Labor Organization: A Fact Sheet
This paper provides basic information on the International Labor Organization (ILO) and issues of interest to Congress. It is updated periodically. CRS Report 97-942(pdf) , The International Labor Organization and International Labor Issues in the 105th Congress, contains more detailed information on ILO issues of congressional interest.
U.S. Military Participation in Southwest Border Drug Control: Questions and Answers
Among its counternarcotics activities in the United States, the U.S. military provides substantial assistance to federal, state, and local law enforcement agencies (LEAs) upon their request to control drug trafficking through the four southwest states that border Mexico. About two decades ago, Congress began to authorize expanded U.S. military support to other U.S. agencies in enforcing U.S. laws, particularly counterdrug laws. Over the last several years, however, Department of Defense (DOD) funding for counterdrug activities along the Southwest border has dropped from a high of $186.7...
Fast-Track Trade Negotiating Authority: A Comparison of 105th Congress Legislative Proposals
This report provides a side-by-side comparison of H.R. 2621 and S. 2400 , as reported, 105th Congress bills that would provide the President with trade negotiating authority and accord certain resulting agreements and implementing bills expedited -- or "fast-track" -- legislative consideration. In September 1997 the President requested that a new fast-track statute be enacted, given that authorities in the Omnibus Trade and Competitiveness Act of 1988 (OTCA) had expired. OTCA provisions were last used to approve and implement the GATT Uruguay Round agreements. H.R. 2621 was reported...
Fossils on Federal Lands: Current Federal Laws and Regulations
Recent articles in the press have highlighted the issue of unauthorized removal of fossils and other paleontological materials from federal lands. Fossils can be highly valuable in the scientific sense, but increasingly there also is a lucrative market for fossils that fuels their unauthorized collection and removal. Improper excavation can impair or destroy the value of the resources for scientific analysis. On many of the federal lands, particularly in the West, scarce personnel may be responsible for vast acreage, a fact that can make protection of fossil and other resources difficult....
Military Youth Programs: ChalleNGe and STARBASE
Military youth programs are a type of civil-military cooperation in which military resources are used to assist young American civilians in a variety of ways. Typically, the programs provide civilian youth with educational and leadership opportunities in order to help them succeed as students and as adults. The programs are often targeted towards youth populations which are considered to be at disproportionately high risk for drug abuse, crime, academic failure, or unemployment. The National Guard Challenge (ChalleNGe) program and the STARBASE (Science and Technology Academies...
Pesticide Legislation: Food Quality Protection Act of 1996 (P.L. 104-170)
The 104th Congress enacted significant changes to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), governing U.S. sale and use of pesticide products, and the Federal Food, Drug, and Cosmetic Act (FFDCA), which limits pesticide residues on food. The vehicle of these changes was H.R. 1627 , the "Food Quality Protection Act of 1996" (FQPA), enacted August 3, 1996, as P.L. 104-170 . Under FIFRA, the new law will facilitate registrations and reregistrations of pesticides for special (so-called "minor") uses and authorize collection of maintenance fees to support pesticide...
Censure of the President by the Congress
Exploring a possible compromise between an impeachment and taking no congressional action, certain Members of Congress and congressional commentators have suggested a congressional “censure” of the President to express the Congress’ disapproval of the President’s conduct which has been the subject of an ongoing independent counsel investigation. This report provides and overview and discussion of the legal basis and congressional precedents regarding a congressional “censure” of the President.
The Transportation Equity Act for the 21st Century (TEA-21) and the Federal Budget
The Transportation Equity Act for the 21st Century ( P.L. 105-178 )(TEA-21) changes the relationship between the highway trust fund and the federal budget process. Spending for highway programs is now linked directly to annual revenue collections for the highway trust fund. Core highway and mass transit program funding has been given special status in the discretionary portion of the federal budget by virtue of the creation of two new budget categories. As a result, highway and transit programs become similar to entitlement programs during the period FY2000 through FY2003. From the...
The Asian (Global?) Financial Crisis, the IMF, and Japan: Economic Issues
The Asian financial crisis involves four basic problems or issues: (1) the role, operations, and replenishment of funds of the International Monetary Fund, (2) a shortage of foreign exchange in Thailand, Indonesia, South Korea and other Asian countries that has caused the value of currencies and equities to fall dramatically, (3) inadequately developed financial sectors and mechanisms for allocating capital in the troubled Asian economies, and (4) effects of the crisis on both the United States and the world. In 1998, the crisis that had been confined primarily to Asia appeared to...
The Clean Water Action Plan: Background and Early Implementation
In October 1997, Vice President Gore directed federal agencies to develop a Clean Water Initiative to improve and strengthen water pollution control efforts. The multiagency plan was released on Feb. 19, 1998, and identifies nearly 100 key actions. Most are existing activities, now labeled as part of the Initiative. The President's FY1999 budget requests $2.2 billion for five departments and agencies to fund implementation of the Plan. While Congress is considering appropriations bills to fund the Plan, federal agencies are beginning or accelerating activities to carry out the actions...
Trade with Developing Countries: Effects on U.S. Workers
Growth in U.S. trade with developing countries is one of the more troubling "globalization" issues and has been part of the debate over passage of fast-track authority, extension of the North American Free Trade Agreement (NAFTA), and the Africa trade bill. A central concern for many is whether this trade relationship leads to lost jobs or reduced wages for the U.S. labor force, particularly unskilled workers. Over the past three decades, U.S. trade with developing countries has expanded markedly. From 1987 to 1997, developing-country trade rose 195% (compared to 104% for trade...
Census 2000: Sampling as an Appropriations Issue in the 105th Congress
The 105th Congress has debated the decennial census sampling issue mainly in the appropriations process, beginning with FY1997 supplemental appropriations legislation for disaster relief. In FY1998 appropriations for Commerce, Justice, and State, the Judiciary, and Related Agencies (CJS), the Senate (S. 1022) instructed the Bureau of the Census not to make “irreversible” Census 2000 sampling plans, while the House (H.R. 2267) sought a moratorium on these plans, pending expedited judicial review of their constitutionality and legality.
Bosnia Stabilization Force (SFOR) and U.S. Policy
In December 1995, a NATO-led implementation force (IFOR) was deployed to Bosnia to enforce the military aspects of the Bosnian peace agreement. President Clinton said the deployment would last "about one year." IFOR successfully completed its main military tasks, but implementation of the civilian aspects of the accord, for which IFOR did not have direct responsibility, was at best a mixed success. Faced with the possible collapse of the peace agreement if IFOR pulled out, on November 15, 1996, President Clinton pledged to keep U.S. troops in Bosnia as part of a NATO-led Stabilization...
Terrorism: U. S. Response to Bombings in Kenya and Tanzania: A New Policy Direction?
On August 20,1998, the United States launched retaliatory and preemptive missile strikes against training bases and infrastructure in Afghanistan used by groups affiliated with radical extremist and terrorist financier Usama bin Laden. A "pharmaceutical" plant in Sudan, making a critical nerve gas component, was destroyed as well. This is the first time the U.S. has unreservedly acknowledged a preemptive military strike against a terrorist organization or network. This has led to speculation that faced with a growing number of major attacks on U.S. persons and property and...
Military Readiness: Background to Congressional Debate over Tiered Readiness
The Senate version of the FY1998 National Defense Authorization Act required the Department of Defense (DOD) prepare a second report on tiered readiness. (1) The House version ( H.R. 1119 ) opposed tiered readiness and specifically prohibited its implementation. (2) In the final conference report, the differences between the two chambers remained sharp over the issue of reducing current force readiness of some units for cost savings -- in this case to pay for force modernization. Given probable stringent budget realities in the future, this incident of difference of approach reflects a...
Russian Political Turmoil, August 1998
Russian President Yeltsin's dismissal of Premier Kirienko and his nomination of former Premier Chernomyrdin mark an intensification of political turmoil. This was triggered by a financial crisis and underlying economic depression. These political and economic developments have serious implications for Russia's stability, the post-Yeltsin succession, and U.S. interests in and policy toward Russia. This report will be updated if warranted by developments in Russia.
Terrorism: Middle Eastern Groups and State Sponsors, 1998
During the 1980s and the early 1990s, Iran and terrorist groups it sponsors have been responsible for the most politically significant acts of Middle Eastern terrorism. In late 1997, signs began to appear that major factions within Iran want to change Iran's image from a backer of terrorism to a constructive force in the region. If this trend in Iran takes hold, there is a chance that state-sponsored Middle Eastern terrorism will decline over time as Iran moves away from active opposition to the Arab-Israeli peace process. The Arab-Israeli peace process is a longstanding major U.S....
Drug Control: Reauthorization of the Office of National Drug Control Policy
The Office of National Drug Control Policy (ONDCP) was scheduled to sunset on September 30, 1997, but Congress approved ONDCP funding under the Treasury, Postal Appropriations Act, FY1998 (P.L. 105-61). Several measures have been introduced in the 105th Congress to reauthorize ONDCP. On October 21, 1997, the House passed H.R. 2610, as amended, the National Narcotics Leadership Act. On November 6, 1997, the Senate Judiciary Committee reported H.R. 2610, replacing the language of the House-passed version with a new version, the Office of National Drug Control Policy Reauthorization Act. On...
Landmines: Background and Congressional Concerns
The decade of the 1990s saw increasing awareness of the dangers to innocent civilians posed by the indiscriminate use of anti-personnel landmines (APL) in many conflict-torn countries. The deployment of U.S. military forces to Bosnia as part of the NATO-led Implementation Force (IFOR), refocused the attention of the Congress and citizenry on the dangers of APL. Prior to participation by the U.S. military in IFOR, the U.S. Congress had manifested a concern with the larger issue of AP landmine proliferation, through hearings and legislation. The history of warfare evinces three uses of AP...
The IMF's Proposed New Arrangements to Borrow (NAB): An Overview
In the wake of the Mexican financial crisis, the major industrial countries agreed, at the Halifax economic summit of June 15-16, 1995, to establish an "emergency financing mechanism." This goal would be achieved by the proposed establishment of the "New Arrangements to Borrow" (NAB), adopted by the International Monetary Fund's (IMF) Executive Board on January 27, 1997. The proposed NAB are medium-term lines of credit that will provide funds to the IMF to enable it to "forestall or cope with an impairment of the international monetary system, or to deal with an exceptional situation that...
Vice Presidential Vacancies: Congressional Procedures in the Ford and Rockefeller Nominations
Although the Constitution provides that the Vice President succeeds the President in cases of removal, death, resignation, or disability, it makes no provision for filling vacancies in the vice presidency. On sixteen occasions between 1789 and 1967, the vice presidency was vacant. In eight instances, the Vice President replaced a President who had died; in seven, the Vice President died in office; and in one case, the incumbent resigned. During these sometimes lengthy periods, the office remained vacant, and some other officer served as first in line to the President. Between 1792 and...
Internet Tax Bills in the 105th Congress
This report tracks the evolution and content of the Internet tax freedom bills. In general, the bills would impose a federal moratorium on the ability of state and local governments to impose taxes on certain aspects of the Internet and would establish a temporary federal commission to study selected issues and make policy recommendations.
Algeria: Developments and Dilemmas
This report provides background information on the civil strife in Algeria, updating developments since the government abandoned talks with the Islamist Salvation Front in 1995 and began a process of institution-building. The result, however, did not restore peace. Rather, violence has become more indiscriminate. The culprits are harder to identify and may include government forces as well as Islamist extremists. Policymakers face the dilemma of wishing to hold the government to a higher standard of conduct as the upholder of the rule of law, while not wanting terrorists to benefit...
Line Item Veto Act Unconstitutional: Clinton v. City of New York
On June 25, 1998, the United States Supreme Court in Clinton, et al. v. C ity of New York, et al., held that the Line Item Veto Act, violated the Presentment Clause of the Constitution. The Clause requires that every bill which has passed the House and Senate before becoming law must be presented to the President for approval or veto, but is silent on whether the President may amend or repeal provisions of bills that have passed the House and Senate in identical form. The Court interpreted silence on this issue as equivalent to an express prohibition. The Court concluded that the Line...
E.O. 13087 amends a nearly 30 year-old executive order, E.O. 11478, to prohibit sexual orientation discrimination in most federal civilian employment along with the other forms of bias covered by the earlier order. The nondiscrimination and "affirmative program of equal employment opportunity" requirement of the executive order extends to "every aspect of personnel policy and practice in employment, development, advancement, and treatment of civilian employees of the federal government." It applies to civilian employment by the executive branch, including the military departments, and...
Federal R&D Funding: A Concise History
Prior to World War II, federal R&D funding was generally small and focused on specific items of direct interest to the federal government such as exploration of federal lands. In the 20th century, the federal role expanded to include research related to public health concerns, national security (World War I), and some limited efforts to help U.S. business, including research on aeronautics and standards. The research effort accompanying World War II set off a major expansion of federal R&D funding after the war. Total R&D funding increased from a little over $5.5 billion in 1947...
The OECD Shipbuilding Agreement and Legislation in the 105th Congress
In December 1994, the United States, the European Union, Japan, Korea, and Norway signed an agreement on shipbuilding that was negotiated under the Organization for Economic Cooperation and Development (OECD). The agreement prohibits most subsidies for shipbuilding, limits financing assistance, allows actions against injurious pricing, and establishes a dispute resolution process. Although the United States was the lead proponent of the agreement, it is the only signatory that has not ratified the agreement. U.S. maritime industries are split. The largest shipyards oppose the agreement...
Critical Infrastructures: A Primer
The nation’s health, wealth, and security rely on the supply and distribution of certain goods and services. The array of physical assets, processes and organizations across which these goods and services move are called critical infrastructures. Computers and communications, themselves critical infrastructures, are increasingly tying these infrastructures together.
Credit Union Common Bond Ruling: NCUA v. First National Bank and Trust Co._U.S._ (No. 96-843)
On February 25, 1998, the Supreme Court ruled that federal credit unions may not consist of more than one occupational group having a single common bond. On April 1, the House passed H.R. 1151 (H.Rept. 105-472), which grandfathers existing credit unions and sets standards for future multi-group credit unions.
Iraq: Humanitarian Needs, Impact of Sanctions, and the "Oil for Food" Program
Many private and international humanitarian agencies argue that under the U.N. sanctions, Iraqi civilians, and especially children, suffer and die from lack of adequate food and medical supplies despite the "oil for food" program and other international assistance. They argue that the sanctions are inhumane and should be lifted immediately. On the opposing side, defenders of international policy argue that it is not the sanctions causing suffering but deliberate Iraqi policies diverting resources and even manipulating the humanitarian "crisis". Some also accuse Iraqi officials...
An amendment to the interim alternative educational placement provision of the Individuals with Disabilities Education Act (IDEA) has been proposed by Representative Livingston, added to the Department of Education appropriations bill, H.R. 4274 , 105th Cong., 2d Sess., and reported out of the House Appropriations Committee on July 20, 1998. The amendment would change the current law by eliminating the current limitation of 45 days for an interim alternative educational placement. In addition, the amendment would add a new subsection allowing schools to place a child with a disability in...
Constitution of the United States; Recent Writings: Bibliography-in-Brief
This bibliography contains recent publications discussing the history, development, and application of the U.S. Constitution and the Bill of Rights.
Tax Code Termination Act: A Fact Sheet
This report discusses the Tax Code Termination Act, which would “sunset” (repeal) the Internal Revenue Code of 1986 on December 31, 2002 and would require that any new federal tax system that is adopted be approved not later than July 4, 2002.
U.S. Intelligence and India's Nuclear Tests: Lessons Learned
The U.S. Intelligence Community did not have advance knowledge that India intended to conduct nuclear tests beginning on May 11, 1998. Although intelligence agencies cannot have foreknowledge of every significant development in world affairs, many observers (and senior intelligence officials) believe that, in view of the election of an Indian government committed to "inducting" nuclear weapons, much greater attention should have been given to indications of impending nuclear tests. A commission headed by retired Admiral David Jeremiah reviewed the Intelligence Community's performance and...
Indonesia: U.S. Relations With the Indonesian Military
Differences between the U.S. executive branch and Congress over U.S. policies toward the Indonesian military have persisted since the early 1960s. In the early 1960s, Indonesian policies under President Sukarno, including aggression against neighboring countries and a political alliance with the Indonesian Communist Party, led Congress to cut military and economic aid to Indonesia. The Kennedy Administration opposed this action. In the late 1970s, the policies of the Indonesian military in East Timor drew criticism from U.S. human rights groups and Members of Congress, who accused the...
NATO: Senate Floor Consideration of the Accession of the Czech Republic, Hungary, and Poland
The 1998 Senate debate on the accession to the North Atlantic Treaty by the Czech Republic, Hungary, and Poland was spread across eight days from March 17 to April 30. Enlargement of the North Atlantic Treaty Organization (NATO) was favored by the leadership of both parties, and during the debate the Resolution of Ratification was widely expected to pass. Opponents of NATO enlargement structured most of their arguments and amendments as expressions of concern about the future of the Alliance as it moves into the 21st century. The Senate gave its advice and consent on April 30, voting 80-19...
Morocco: Political and Economic Changes and U.S. Policy
This report describes the unprecedented strides in democratization and economic liberalization occurring in Morocco, where the first opposition-led government took power in February 1998. The government of this long-term U.S. ally is trying to address endemic economic and social problems while adhering to stringent International Monetary Fund economic guidelines. Active Islamist groups capitalize on societal ills and create a troubling context for the government's efforts. They and others are victims of human rights abuses. The overall human rights situation is deficient; yet...
Banking and Finance: Legislative Initiatives in the 105th Congress, Second Session
This report reviews major banking and finance issues that are receiving congressional attention in the 2nd session of the 105th Congress. It will be updated periodically to reflect legislative developments. Relevant CRS products are referenced.
A Balanced Budget Constitutional Amendment: Procedural Issues and Legislative History
One of the most persistent political issues of recent years has been the federal budget of the United States and its deficit. Since the 1930s, dozens of proposals have called for laws or constitutional amendments that would require a balanced budget and/or limit the size or growth of the federal budget or of the public debt. The accumulation of large deficits since the 1970s has heightened the feeling of some policymakers and other observers that the Constitution should be amended to require the federal government to balance revenues and expenditures. The chief debate has been on the...
The Ready Reserve Mobilization Income Insurance Program
The Ready Reserve Mobilization Income Insurance Program (RRMIIP) was a Department of Defense (DoD) program designed to help military reservists protect themselves from financial loss during an involuntary order to federal active duty. Though intended to be a self-financing program, the RRMIIP became insolvent soon after its debut in 1996 due to low enrollment and severe adverse selection. The program was terminated by Congress only a year later and Congress eventually appropriated a total of $119 million to pay off insurance claims associated with the RRMIIP. The failure of the RRMIIP...
The Budget of the Department of Housing and Urban Development (HUD) FY1999
This report provides an overview of FY1999 budget request for the Department of Housing and Urban Development (HUD). Initially, the report is limited to the Administration’s budget request for HUD. The report is updated periodically as legislative action occurs on FY1999 appropriations for HUD and as action occurs on authorizing legislation to implement the budget proposals.
Global Climate Change Treaty: The Kyoto Protocol
Negotiations on the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) were completed December 11, 1997, committing the industrialized nations to specified, legally binding reductions in emissions of six "greenhouse gases." This report discusses the major provisions of the Kyoto Protocol.
Since the end of the Cold War and the advent of independence for the former Soviet republics, these new independent states (NIS) have made varying progress in implementing democratic reforms. Some NIS such as Russia appear to be making some progress, a few such as Kyrgyzstan appear to be faltering, and several such as Turkmenistan appear to be making scant progress. Successive U.S. Administrations have fostered democracy-building in the NIS as a primary foreign policy objective. Broadly, U.S. policymakers have stressed that the containment policy of the Cold War has been replaced with...
NATO: A Brief History of Expansion
NATO has admitted new members on three different occasions. Depending on the countries admitted, debates in Congress have concentrated upon strategic and political issues, including burdensharing. From NATO's origins, Congress has shown strong interest in sharing the strategic and economic responsibilities in providing for Europe's defense. NATO admitted Greece and Turkey to the alliance in 1952, the Federal Republic of Germany in 1955, and Spain in 1982.
Iran: Relations With Key Central Asian States
Iran sees the Central Asian region as an arena for reducing its own isolation. Hoping to make itself an attractive economic and political partner to these states, Iran has been cautious in supporting radical Islamic opposition movements in the region. Several Central Asian states are proceeding with or contemplating energy projects that transit Iran. These projects present the Administration and Congress with the dilemma of how to keep Iran's financial resources constrained while at the same time fostering economic and political development in Central Asia. Provisions in S. 2334 ,...
Budget Surpluses: Economic Effects of Debt Repayment, Tax Cuts, or Spending - An Overview
Updated projections released on July 15 by the Congressional Budget Office (CBO) indicate budget surpluses rising from $63 billion (0.9% of GDP) in FY1998 to more than $100 billion (1.3% to 1.5% of GDP) from FY2002 through FY2005 and over $200 billion (1.8% to 1.9%) from FY2006 through FY2008.1
Alien Eligibility for Public Assistance
This report discusses the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which affected alien eligibility for federal, state, and local government assistance programs, both imposing and broadening restrictions on a number of immigration benefits and programs.
As pledged by Speaker Gingrich, the House renewed consideration of campaign finance reform in May 1998. The principal bill is H.R. 2183, known as the freshman bipartisan bill, introduced July 17, 1997, by Messrs. Hutchinson and Allen. Selected floor amendments and substitutes will be in order. The legislation that has generated the most publicity in the 105th Congress has been the McCain-Feingold bill (S. 25), offered on March 19, 1998, as H.R. 3526 by Messrs. Shays and Meehan;1 this has also been offered as substitute amendment no. 13 to H.R. 2183 in the current debate. Table 1 highlights...
Agreements reached in the Arab-Israeli peace process from 1993 until 1995 made relations between Israel and its Arab and Muslim neighbors more acceptable in the latter circles. Israeli-Turkish ties are the most portentous development in this area, and they have not been impeded by subsequent difficulties in the peace process. The main dimension of Turkish-Israeli relations is military. Landmark agreements on military cooperation in February 1996 and on military industrial cooperation in April 1996 have produced unprecedented military exercises and training, arms sales, and strategic...
Several courts in the various circuits have considered whether the Fifth Amendment privilege against self-incrimination applies to fear of incrimination in foreign countries, and they have come to divergent conclusions. The United States Supreme Court granted certiorari in United States v. Balsys, and on June 25, 1998, decided that a witness may not invoke the Fifth Amendment privilege against self-incrimination in which only a foreign prosecution is possible. This report will not be updated.
Restrictions on Minors' Access to Material on the Internet
On March 12, 1998, the Senate Committee on Commerce, Science and Transportation favorably reported two bills that would restrict material on the Internet deemed harmful to minors. S. 1482 ( S.Rept. 105-225 ) would require anyone "in interstate or foreign commerce or through the World Wide Web," who "is engaged in the business of the commercial distribution of material that is harmful to minors," to "restrict access to such material by persons under 17 years of age." S. 1619 ( S.Rept. 105-226 ) would require elementary schools, secondary schools, and libraries that accept "universal...
Approximately 5 million illegal aliens were residing in the U.S. as of October 1996. This large population varies by country of origin, motive for entry, length of stay, family composition, and attachment to the community. Immigration law historically has taken these differences into account by allowing certain long-term illegal residents to become legal residents despite their being here in violation of law. For example, our law has for decades permitted the Attorney General to allow long-term illegal residents to stay on a case-by-case basis if their removal would cause undue hardship....
Supreme Court Opinions: October 1997 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 1997 Term through the end of the Term on June 26, 1998. The purpose is to provide a quick reference guide for identification of cases of interest. These synopses are created throughout the Term and entered into the CRS Home Page on the Internet, and into the Scorpio database. The report supersedes an earlier cumulation issued as a general distribution memorandum dated March 20, 1998. Included are all cases decided by signed opinion and selected cases decided per curiam . Not included are...
Taiwan: Texts of the Taiwan Relations Act, the U.S. - China Communiques, and the "Six Assurances"
This report discusses the U.S. policy on Taiwan, which is governed by the Taiwan Relations Act (TRA), the 3 U.S. joint communiqués with China, and the so-called "Six Assurances" on Taiwan.
S. 2271: The Property Rights Implementation Act of 1998
On July 7, 1998, Senator Hatch introduced S. 2271 , the "Property Rights Implementation Act of 1998." The bill appears to be the likely replacement on the Senate floor for H.R. 1534 as reported by the Senate Committee on the Judiciary. S. 2271 retains the basic "process" approach of its predecessor, but makes numerous changes. Among these are a restriction of H.R. 1534 's takings-ripeness provisions to real property rather than all types of property, a new definition of "futility," different restrictions on district court abstention, and new provisions as to attorneys fees and prior...
The Americans with Disabilities Act: HIV Infection is Covered Under the Act
In Bragdon v. Abbott, No. 97-156 (June 25, 1998), the Supreme Court held that the respondent's asymptomatic HIV infection was a physical impairment impacting on the major life activity of reproduction thus rendering the HIV infection a disability under the Americans with Disabilities Act (ADA), 42 U.S.C. ¿¿12101 et seq. The Court also examined the ADA's exception regarding a direct threat to the health or safety of others and found that courts should assess the objective reasonableness of the views of health care professionals by looking to the views of public health authorities but...
The False Claims Act and Health Care Fraud: An Overview
The Federal False Claims Act, 31 U.S.C. ¿¿ 3729-3733, provides for judicial imposition of civil monetary penalties and treble damages for the knowing submission of false claims to the United States Government. Originally enacted in 1843, the statute was amended in 1986 in several respects, including increasing the penalty provisions, and making it easier for whistleblowers to file " qui tam " actions on behalf of the federal government. Use of the False Claims Act for fraudulent health care claims has increased dramatically in the last few years. H.R. 3523 , and a companion bill, S. 2007...
Encryption Technology: Congressional Issues
This report discusses primarily, the controversy over encryption concerns what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement purposes.
Department of Energy FY1999 Research and Development Budget: Description and Analysis
This report focuses on the R&D programs. It divides the programs into four categories: energy resources R&D, science, national security R&D, and environmental quality R&D. Those categories, which approximate the way DOE has divided up its programs, are set up to keep similar research activities together.(1) R&D funding is concentrated in the first three. The report gives a description of the programs within each category including their research objectives and the activities where significant budget changes were requested for FY1999. It then describes the request, and congressional...
Community Services Block Grants: Background and Current Legislation
This report provides background on the Community Services Block Grants (CSBG) and related activities, including information on funding, and tracks the progress of relevant legislation and appropriations measures.
Compensating Farmers for the Tobacco Settlement
The legislative proposals designed to reduce smoking, primarily by teenagers, are likely to have negative economic consequences for tobacco growers and tobacco-dependent communities. This report discusses the possibility of some kind of compensation to farmers as part of the settlement package legislation.
On July 8, 1994, the grand jury in United States v. Bajakajian
(1) returned a three count indictment
against the defendant. One charged the defendant with violation of 31 U.S.C. ¿¿ 5316(a)(1)(A) and
5322(a) for transporting currency of more than $10,000 outside of the United States without filing
a report with the United States Customs Service. The second count charged the defendant with
making a false material statement to the United States Customs Service in violation of 18 U.S.C. ¿
1001. The third sought the forfeiture of the $357,144.00 discovered by the Customs Service under
18...
IRS Reform: Innocent Spouse Rule
Married couples filing joint tax returns are liable individually and as a couple for all taxes due on the return with a limited exemption for innocent spouses. Joint and several liability has been the subject of much criticism and calls for reform or elimination. The House-passed version of IRS Restructuring and Reform legislation ( H.R. 2676 , 105th Congress) would amend existing law to make qualifying for the exemption much easier. The Senate adopted an amendment replacing the innocent spouse rule with a provision permitting either spouse to request apportionment of liability once a...
Fast-Track Trade Negotiating Authority: A Comparison of 105th Congress Legislative Proposals
This report provides a side-by-side comparison of the reported versions of H.R. 2621 and S. 1269, 105 Congress bills that would provide the President with trade negotiating authority and accord certain resulting agreements and implementing bills expedited -- or “fast-track” -- legislative consideration.
This report describes the fundamentals of the Immigration and Nationality Act (INA), which was enacted in 1952 and significantly amended since, most recently by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
From August 12th through August 20th, 1997, a congressional staff delegation visited the People's Republic of China. This report provides the research findings of this group, which was sponsored by the U.S.-Asia Institute, and was the 37th such trip undertaken since 1979 to increase the understanding between the two nations. The U.S. group was comprised of seven congressional staff from the House of Representatives, the U.S. Senate, and the Congressional Research Service. The delegation met with Chinese industry and business leaders in Beijing, Xi'an, Shanghai, and Hong Kong. The group...
Bosnian Muslim-Croat Federation: Key to Peace in Bosnia?
The Federation of Bosnia and Hercegovina was established in March 1994, with U.S. mediation. It aims to unite areas held by the largely Bosniak (Muslim) pre-war republic government with areas held by Croats. The Bosnian peace agreement, signed in Dayton in November 1995, recognized the Federation and the Bosnian Serb Republika Srpska as two largely autonomous entities within a weak, but sovereign Bosnia and Hercegovina union. Real political, economic and military integration of Bosniak and Croat-held areas has been slow to materialize. The United States has played a key role in setting up...
Arts and Humanities: Funding and Reauthorization in the 105th Congress
One of the primary vehicles for federal support of the arts and humanities is the National Foundation on the Arts and the Humanities, composed of the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services. This report describes the issues and options raised in the 105th Congress with regard to both authorization and appropriations for support of the arts and humanities.
"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534
In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal
courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and...
Nuclear Weapons Production Capability Issues: Summary of Findings, and Choices
The United States shows every intention of retaining nuclear weapons for the foreseeable future, thus committing itself to maintaining their safety, reliability, and performance. Maintenance requires R&D and production. While the former requirement is well understood, the latter is not. This report provides information on production and associated investment, people, and technology issues. Production is done for many reasons. Problems with existing warheads have historically emerged over time and seem likely to do so in the future. Warhead maintenance requires modifications, life...
Congressional Liaison Offices of Selected Federal Agencies
This is a directory of approximately 150 government agencies designed to assist congressional staff in contacting agencies of the legislative branch, cabinet departments and other executive branch agencies and boards and commissions. This directory contains names of congressional liaison officers, addresses, telephone and fax numbers, and occasionally e-mail addresses. It is regularly updated each spring.
The Use of Union Dues for Political Purposes: A Discussion of Agency Fee Objectors and Public Policy
The Use of Union Dues for Political Purposes: A Discussion of Agency Fee Objectors and Public Policy
China: Pending Legislation in the 105th Congress
The 105 Congress has been active on issues involving China. This report, which will be updated as developments occur, tracks pending human rights legislation, including bills concerning: prison conditions and prison labor exports; coercive abortion practices; China’s policies toward religion; and more general human rights issues.
China: Pending Legislation in the 105th Congress
This report tracks pending human rights legislation, including bills concerning: prison conditions and prison labor exports (H.R. 2195, H.R. 2358); coercive abortion practices (H.R. 2570); China’s policies toward religion (H.R. 967, H.R. 2431); and more general human rights issues (H.R. 2095). Other bills concern Taiwan — in particular, Taiwan’s entry into the World Trade Organization (H.Res. 190) and the U.S. role in helping Taiwan with a theater missile defense system (H.R. 2386). Also, legislation is pending on China’s missile proliferation activities (H.Res. 188), Radio Free Asia...
Child Nutrition Issues in the 105th Congress
This report covers proposed and enacted legislative initiatives to change child nutrition programs (including the WIC program) during 1997 and 1998.
Adult Education and Literacy: Current Programs and Legislative Proposals in the 105th Congress
This report summarizes current programs for adult education and literacy, provides a funding history, and analyzes major provisions of the legislative proposals being considered by the 105th Congress for amending adult education and literacy programs. Specifically, the
report examines the provisions of H.R. 1385, the Employment, Training, and Literacy Enhancement Act of 1997, as passed by the House, and H.R. 1385, the Workforce Investment Partnership Act of 1998, as amended by the Senate (originally considered as S. 1186). Key issues include state and local administration issues,...
Attempt To Commit A Federal Crime: S. 171, A Proposed General Statute
There is no general federal statute proscribing criminal attempts; the federal criminal statutes are written in such a manner so as to include only the attempt to commit a specific substantive crime or substantive offense. Therefore, a specific intent crime would require that the offender specifically intended to devise a scheme to commit the crime. The government, on the other hand, must present proof by inferences from the circumstances that the offender possessed the specific intent to commit the crime. This approach to the law has led to a patchwork of attempt statutes--leaving gaps...
Are High Interest Rates a Threat to Sustained Economic Recovery?
A major question that arises in Congress during its considerations of what policies promote and what inhibit the restoration of a healthy economy is the influence that interest rates exert. In particular, are high interest rates a threat to sustained economic recovery?
Education Vouchers: The Constitutional Standards
The Court’s decisions permit a limited degree of public aid to be provided directly and a broader range of assistance indirectly. This report sketches the constitutional standards that apply to public aid to sectarian schools and especially to programs of indirect assistance such as education vouchers. It also summarizes recent significant state court decisions involving vouchers.
Campaign Finance Debate in the House: Substitute Amendments to H.R. 2183 (105th Congress)
This report provides a summary and comparison of the 11 substitute amendments to H.R. 2183, a campaign finance reform bill offered by Representatives Hutchinson and Allen, that, under H. Res. 442, will be in order for consideration by the House. The House began consideration of the bill and these substitute amendments (as well as additional perfecting amendments) on May 21, 1998. This report is intended for use by House Members and staff in preparation for and during House debate and assumes basic familiarity with the underlying issues. It may be updated to reflect further legislative actions.
Congressional Primary Dates, 1998
This report lists the dates of 1998 primary elections and, where applicable, runoff primary dates for the states and the District of Columbia. The election dates listed herein were provided by the respective election offices in the states and the District of Columbia; they are the dates for congressional primaries and for other state offices for which primaries will be held in 1998.
This report describes how the Congestion Mitigation and Air Quality Program (CMAQ) and enhancement programs function, examines the policy issues surrounding them, and summarizes relevant provisions in major legislation to reauthorize ISTEA in the 105th Congress.
Federal funding to assist states in addressing the environmental impacts of surface transportation is a major issue for the second session of the 105th Congress. The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 (P.L. 102-240) authorized a total of $155 billion for transportation projects from FY1992 to FY1997. This report describes how the Congrestion Mitigation and Air Quality Program (CMAQ) and enhancement programs function, examines the policy issues surrounding them, and summarizes relevant provisions in major
legislation to reauthorize ISTEA in the 105th Congress.
South Asia Crisis: Effects on the Middle East
The May 1998 nuclear tests by India and Pakistan have raised concerns that these countries, particularly Pakistan, might transfer nuclear or other weapons of mass destruction technology to Iran or other Middle Eastern states. Iran has developed military ties to both India and Pakistan, and has tried to acquire advanced technology from Pakistan, but political and other differences have limited these relationships. There is little evidence that other Middle Eastern countries have tried to acquire weapons of mass destruction technology from India or Pakistan. This paper will not be updated.
The Intersection Between the Former Presidents Act and the Impeachment Process
Under the Former Presidents Act, as amended, 3 U.S.C. ¿ 102 note, former Presidents receive a monetary allowance for the remainder of their lives, except for those periods when they hold appointive or elective office or a position in or under the Federal government or the District of Columbia government at other than a nominal rate of pay. The Act also provides for office staff and office space for former Presidents and for a monetary allowance for a former President's widow, under specified circumstances, should he predecease her. The Act defines the term "former President" to include...
Current Economic Conditions and Selected Forecasts
This report begins with a comprehensive presentation of current economic conditions focusing on income growth, unemployment, and inflation. The posture of monetary and fiscal policy is surveyed as are the forecasts of economic activity. It concludes with data on the factors important for economic growth.
Immigration-Related Provisions of Selected Bills on Religious Persecution
This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
This report considers the legislative history of the current consumer bankruptcy scheme. It examines current consumer bankruptcy practice and surveys the consumer proposals set forth in Title I of H.R. 3150, with an emphasis on the likely impact of the bill on family support obligations.
Tax Issues: National Public Opinion
This report provides a sample of public opinion questions concerning the current tax system, the Internal Revenue Service, and proposals for tax reform. It will be updated as new poll results become available. The report is for the use of Members as they consider legislation currently before the 105 Congress.
Affirmative Action: Recent Congressional and Presidential Activity
In recent years, the U.S. Congress and the President have been reevaluating, and proposing changes to, existing affirmative action policies. Multiple bills to restrict affirmative action were introduced in the 104th Congress, but only one limited measure was enacted. Some anti-preference legislation is currently before the 105th Congress. The Clinton Administration has generally opposed efforts to terminate affirmative action programs and, instead, has proposed various reforms.
Intelligence Collection Platforms: Satellites, Manned Aircraft, and UAVs
Imagery--photographs or electro-optical transmissions similar to television--is a key component of contemporary military planning and operations as well as civilian decisionmaking. This report provides an overview of the various imagery collection platforms, their strengths and limitations, the evolving organizational relationships that govern their use, as well as the steps Congress has taken to strengthen imagery capabilities. Imagery allows military commanders to undertake operations using precision-guided munitions with minimal civilian and friendly casualties; it also has a wide...
Current Social Security Issues
Social Security is the focus of intense public interest. Projected long-range funding problems, public skepticism about its future, and a growing perception that Social Security will not be as good a value for future retirees as it is today are fueling calls for reform. This report discusses a number of the major Social Security issues currently drawing congressional attention.
Collections of Information Antipiracy Act: Summary of H.R. 2652
H.R. 2652 , 105th Congress, 1st Sess., proposes to create a new body of copyright law which would be entitled "Misappropriation of Collections of Information." The bill would impose liability on anyone who extracted or used in commerce all or a substantial portion of a collection of information in such a way so as to harm the market for the product or service that contained the information and is offered in commerce. The database collection would be protected for a term of fifteen years. The bill provides for civil and criminal remedies and sets time limitations for bringing actions for...
Current Social Security Issues
Social Security is the focus of intense public interest. Projected long-range funding problems, public skepticism about its future, and a growing perception that Social Security will not be as good a value for future retirees as it is today are fueling calls for reform. This report, updated regularly, discusses a number of the major Social Security issues currently drawing congressional attention.
Crime Control Assistance Through the Byrne Programs
The statute provides that states receive and distribute block grant funds and that the Bureau of Justice Assistance (BJA) of the U.S. Department of Justice awards discretionary grants for specified activities. Allocated largely on the basis of population, block grant funds are used for personnel, equipment, training, technical assistance, and information systems to improve criminal justice systems.
Banking Acquisition and Merger Procedures
This report discusses in general terms the basic process and time line for banking industry acquisitions and mergers and briefly discusses the May 4, 1998 application by Travelers Group to merge with Citicorp. Among the issues discussed are: potential impact on consumers; whether the new entities would be too big to fail; and, whether competitive equity calls for financial modernization legislation with functional regulation of the securities, banking, and insurance sectors of companies offering customers a full range of financial products and services. Legislative developments on...
Tobacco Marketing and Advertising Restrictions in S. 1415, 105th Congress: First Amendment Issues
This report considers whether the restrictions on tobacco marketing and advertising in Section Section 122-123 of S. 1415 , 105th Congress, as reported by the Senate Committee on Commerce, would, in general, violate the First Amendment's guarantee of freedom of speech. These sections would prohibit, among others, the following forms of tobacco advertising and labeling: (1) advertising or labeling with a human or animal image or cartoon character, (2) outdoor advertising, including advertising in enclosed stadia, (3) advertising without a disclaimer that words such as "light" or "low...
The Environmental Protection Agency (EPA) is currently engaged in a series of regulatory actions to address the transport of ozone pollution in the eastern United States. This report reviews this situation with respect to an EPA-proposed Ozone Transport Rule and other activities.
One Million Personal Bankruptcies a Year: Economic Implications and Policy Options
This report examines various explanations for the rapid rise in personal bankruptcy filings in the United States since 1980, the economic significance of the phenomenon, and policy options. This discussion and analysis provide a background for consideration of legislation before the 105th Congress ( H.R. 3150 and S. 1301), which proposes to reform the consumer bankruptcy process.
The Work Opportunity Tax Credit and the 105th Congress
The Work Opportunity Tax Credit (WOTC) was initiated in the Small Business Job Protection Act of 1996 (P.L. 104-188). It is a temporary measure intended to encourage for-profit employers to hire members of specifically designated groups thought to experience recurring problems in the labor market. This document describes the WOTC and identifies issues for members of the 105th Congress.
Legislative Powers of Congress: A Brief Reference Guide
A House rule now requires that committee reports identify the constitutional source of power to enact the reported bill. This report is designed to assist in identification of Congress' legislative powers. It lists legislative powers, sets forth the constitutional text for each power, and provides brief commentary. Powers are grouped in the following broad subject matter categories: power to tax and spend, commercial powers, citizenship, civil rights and voting rights, elections, property and territory, war and related powers, federal-state relations, and checks on other branches....
Lying to Congress: The False Statements Accountability Act of 1996
The False Statements Accountability Act of 1996, among other things, amends the federal code to specify its applicability to the executive, legislative, and judicial branches of government prohibiting anyone from knowingly and willfully making misrepresentations to these three branches, and by making it clear that one can corruptly obstruct Congressional proceedings personally as well as by influencing another person. The Act overcomes judicial decisions that had eroded the protection of Congress against false statements and other corrupt interference while acting within the performance of...
Colombia: The Problem of Illegal Narcotics and U.S. - Colombian Relations
The United States has long been concerned with Colombia as a major producer and trafficker of the illegal narcotics entering this country: first marijuana, then cocaine, and now also heroin. Colombia's drug trafficking business has been dominated by two cartels during the two decades in which cocaine trafficking became a major activity: first the Medellin cartel, which dominated during the 1980s and then the Cali cartel, which dominated during the early 1990s. With the arrests of the major Cali cartel leaders in the mid-1990s, independent traffickers have filled the void.
Copyright Term Extension: Estimating the Economic Values
This report considers proposals to extend the duration of copyrights by 20 years (as in H.R. 2589 and other bills) and related proposals to charge a fee to the owners in order to receive the extension. The method of analysis is economic rather than legal. The report reviews the basic economic principals involved in copyright law and gives rough estimates of the value of copyrights on books, music, and movies produced in the 1920s and 1930s — those that would be most immediately affected by an extension of copyright terms.
Copyright Term Extension: Estimating the Economic Values
This report considers proposals to extend the duration of copyrights by 20 years (as in H.R. 2589 and other bills) and related proposals to charge a fee to the owners in order to receive the extension. The method of analysis is economic rather than legal. The report reviews the basic economic principals involved in copyright law and gives rough estimates of the value of copyrights on books, music, and movies produced in the 1920s and 1930s — those that would be most immediately affected by an extension of copyright terms.
The Kodak-Fuji Film Case at the WTO and the Openness of Japan's Film Market
On March 31, 1998, the World Trade Organization released a decision in a U.S.-initiated dispute involving access by Kodak to the photographic film and paper market in Japan. The WTO panel decided against the United States, but it did not address the more general question of market barriers in Japan. In the process of arguing its position at the WTO, Japan made representations that its market for photographic film and paper is open. Rather than appeal the case, one U.S. strategy is to hold Japan to its representations about the openness of its markets. In the 105th Congress, S.Con.Res. 88 ...
Mercosur: Formation, Status, Trade Effects, Policy Challenges, and U.S. Interests
Mercosur, consisting of Argentina, Brazil, Paraguay, and Uruguay, is the third largest preferential trading group in the world. Since its inception in 1991, Mercosur has made considerable progress in integrating the economies of its members. The integration -- an almost complete free trade area and a partial customs union has been accompanied by a significant increase in U.S. exports and investment to the region. In general, the United States has viewed the evolution of Mercosur as being supportive of its political interests as well, although Mercosur is seen as favoring a slower approach...
Medicare: Financing the Part A Hospital Insurance Program
This report discusses Medicare, which consists of two distinct parts — Part A (Hospital Insurance (HI)) and Part B (Supplementary Medical Insurance (SMI)). Part A is financed primarily through payroll taxes levied on current workers and their employers. Income from these taxes is credited to the HI trust fund. Part B is financed through a combination of monthly premiums paid by current enrollees and general revenues. Income from these sources is credited to the SMI trust fund.
Individuals with Disabilities Education Act: Proposed Amendment on Uniform Disciplinary Policies
An amendment to the disciplinary procedures under the Individuals with Disabilities Education Act (IDEA) was proposed and withdrawn by Senators Gorton and Faircloth to H.R. 2646 . This amendment would have allowed state and local educational agencies to establish and implement uniform policies with respect to discipline for all children within their jurisdiction, including children with disabilities, and was identical to one offered and defeated during debate on IDEA reauthorization last year. The amendment would have essentially returned the authority to the schools regarding discipline...
Armenia: Unexpected Change in Government
This report describes the recent change in the Armenian government and its possible consequences. President Levon Ter-Petrosyan resigned on February 3, 1998, primarily because of domestic opposition to his acceptance of an international peace plan to resolve the conflict over Nagorno- Karabakh with Azerbaijan. Prime Minister Robert Kocharyan assumed power for an interim period and then won the special presidential election of March 1998. His new government wants to advance market reforms and change the Constitution to balance power among the branches of government. Kocharyan rejects the...
The Energy Policy Act of 1992 (EPACT) increased competition in the electric generating sector by creating new entities that can generate and sell electricity at wholesale without being regulated as utilities under PUHCA. PURPA began to shift more regulatory responsibilities to the federal government, and EPACT continued that shift away from the states by creating new options for utilities and regulators to meet electricity demand.
Electric utilities have been subject to comprehensive federal and state economic regulation since enactment of the Public Utilities Holding Company Act of 1935 (PUHCA) and the Federal Power Act. This regulatory framework remained virtually unchanged between 1935 and 1978. The oil embargoes of the 1970s created concerns about the security of the nation's electricity supply leading to enactment of the Public Utility Regulatory Policies Act of 1978 (PURPA). For the first time, utilities were required to purchase power from outside sources. This first incremental change to traditional...
Statutory Modifications of the Application of NEPA
From time to time, Congress has considered the operation of the National Environmental Policy Act. While Congress has amended the statute itself only twice since its enactment, Congress has often enacted provisions that modify the application of the Act or specify the extent of the documents that need be prepared in particular instances or contexts. This report collects and lists examples of such provisions and will be updated as legislative action warrants.
Criminal Law: The "Exculpatory No" Doctrine Is Not A Defense Under 18 U.S.C. 1001
In some judicial circuits, the "exculpatory no" doctrine has shielded from 18 U.S.C. ¿1001 liability an individual's denial of involvement in, or knowledge of criminal activity. In Brogan v. United States, the Supreme Court decided that there is no exception to ¿1001 criminal liability for a false statement consisting merely of an "exculpatory no."
International Monetary Fund (IMF): Costs and Benefits of U.S. Participation
This report examines U.S. costs of participating in the International Monetary Fund (IMF). Under conventions governing U.S. budgetary treatment of the IMF, any expenditures (outlays) arising from transactions with the IMF are offset by the increase in the U.S. reserve position in the IMF and, thus, have no net impact on the budget. Nevertheless, funds for the IMF are both authorized and appropriated. Expenditures in connection with U.S. participation in the Fund, however, do give rise to three other types of financial flows that enter the budget: an increase or decrease in the...
Census 2000: The Sampling Debate
Plans by the Bureau of the Census to incorporate data from two new sample surveys into the 2000 decennial census count have had a mixed congressional reception. Three sampling bills in the 105th Congress (H.R. 1220, H.R. 1178, and H.R. 776) have been referred to committee, without further action. Sampling has been debated chiefly in the appropriations process (H.R. 1469, H.R. 1871 [P.L. 105-18; 111 Stat. 158], and H.R. 2267/S. 1022 [P.L. 105-119; 111 Stat. 2440]). The bureau now is a defendant in two anti-sampling suits brought under P.L. 105-119. The law also established a Census...
NATO and the European Union: Economic Capacity of New Member Countries and Opportunity Costs
Formal entry of the Czech Republic, Hungary, and Poland into the North Atlantic Treaty Organization (NATO) is scheduled for spring 1999, with accession to the European Union (EU) several years later. In tight budgets over the coming decade defense spending in these three nations, with or without NATO membership, would have to compete with other incremental programs designed to further economic transition and meet European Union (EU) accession requirements. The cost of opportunities foregone by choice of one required program over another could represent significant opportunity costs when...
Bosnia War Crimes: The International Criminal Tribunal for the Former Yugoslavia and U.S. Policy
War crimes were an integral part of the 1992-1995 Bosnian war. Bosnian Serb militias drove hundreds of thousands of non-Serb civilians from their homes, committing tens of thousands of acts of murder, rape and torture, in a systematic policy of "ethnic cleansing." Most observers believe most war crimes committed by the Bosnian Serbs from 1992 until the end of the war in 1995 were a vital part of the political and military strategy of Bosnian Serb leaders. Although Serbs are seen by many observers as the main culprits, Croats and Muslims also committed substantial numbers of war crimes...
Cloning: Where Do We Go From Here?
News in February 1997 that scientists in Scotland had succeeded in cloning an adult sheep ignited a worldwide debate. Of concern are the ethical and social implications of the potential application of cloning to produce human beings. In response to concerns about the potential application of cloning to produce humans, actions were taken by the Administration and Congress.
Asian Financial Crisis: An Analysis of U.S. Foreign Policy Interests and Options
The principal focus of this report is on the foreign policy ramifications of the Asian financial crisis and U.S. options for addressing them. This report tracks and analyzes the efforts of the most seriously affected Asian countries to deal with their economic and financial problems, and their interaction with the International Monetary Fund (IMF), the United States, and other major sources of financial support and policy advice. It also addresses the implications of the crisis for such U.S. interests as regional stability and the prevention of conflict, trade liberalization, and U.S....
International Science and Technology Issues: Summary of a Report to the Committee on Science
The 1990s have been a time of great vitality and change for U.S. science and technology (S&T) policy and research and development (R&D) programs. As a result, many Members of Congress have asked what might be done to set national S&T priorities more efficiently, establish policies, and fund or otherwise support R&D programs that best enhance U.S. resources?
The answers may be found, in part, by understanding other nations' S&T policies and R&D programs within the context of U.S. policy and programs. For many, U.S. S&T policy (and the R&D programs supported by the policy) is perhaps...
The Law of Church and State: The Proposed Religious Freedom Amendment, H.J.Res. 78
On March 4, 1998, the House Judiciary Committee voted to report H.J.Res. 78 , the "Religious Freedom Amendment," to the House. The proposal is the latest in a long chain of constitutional amendments that have been introduced since the Supreme Court's school prayer decisions of Engel v. Vitale (1) and Abington School District v. Schempp. (2) But this is the first time a constitutional amendment concerning church and state has been ordered reported by a House committee. The scope and effect of H.J.Res. 78 are also considerably broader than the school prayer issue that has been...
Foreign Military Troops in the United States
This report discusses to what extent and why military personnel and forces from foreign nations are sometimes stationed in the United States. Upon discovering specific instances of foreign troop presence, some members of the public have expressed concern. In general, however, the presence of such foreign representation on U.S. soil is neither a new nor unusual phenomenon. This report will be updated when significant, new information becomes available.
Federal Regulation of Working Hours: The Ballenger and Ashcroft Proposals (H.R. 1 and S. 4)
During the 104 Congress, legislation was considered that would have altered the 40-hour workweek and overtime pay requirements for private sector workers. In somewhat altered form, such legislation [H.R. 1 (Ballenger) and S. 4 (Ashcroft)] has been reintroduced in the 105 Congress. This report, very briefly, summarizes the issues presented by H.R. 1 and S. 4.
Jerusalem: Legislation to Move the U.S. Embassy
Report discussing the legislation proposal to move the U.S. embassy from Tel Aviv to Jerusalem.
On March 30, 1998, the House considered four campaign reform bills under a suspension of rules, focusing on the comprehensive H.R. 3581, offered that day for the Republican leadership by Mr. Thomas; it failed passage on a 74-337 vote. (The bill was similar to H.R. 3485, also by Mr. Thomas, reported by the House Oversight Committee March 18.1) The bill generating the most publicity in the 105th Congress has been S. 25 (McCain-Feingold),2 introduced on March 19 as H.R. 3526 by Messrs. Shays and Meehan. This report summarizes and compares H.R. 3581, H.R. 3526, and current law.
Military Rule of Evidence 707 excludes polygraph evidence in military trials. The Supreme Court on March 31,1998, upheld the ban, holding that it did not violate the Sixth Amendment rights of defendants. The Court also said that the military ban on the use of such evidence "...does not unconstitutionally abridge the right to present a defense."
Civil Rights Commission Reauthorization
The Civil Rights Commission Act of 1998 (H.R. 3117) would reauthorize the commission through FY2001. It was introduced by Representative Canady on January 28, 1998, referred to the Committee on the Judiciary, and reported with an amendment on March 2, 1998. It passed the House, amended, by voice vote on March 18.
Global Climate Change: Selected Legal Questions About the Kyoto Protocol
This report discusses the Kyoto Protocol and whether the United States is now legally bound by the Protocol, the legal implications of signing it, whether it could be implemented as an executive agreement without submission to the Senate, and whether the Protocol could be used as the legal basis for regulation of emissions even prior to ratification.
Immigration: The “H-2A” Temporary Agricultural Worker Program
In recent years, there have been various legislative efforts to modify or supplement the existing H-2A temporary agricultural program authorized by the Immigration and Nationality Act (INA). Concern has centered on making the program easier for growers to use while still maintaining protections for domestic labor. Growers have made limited use of the program in the past and a few years ago program usage was in decline. Current trends, however, show an increase due in part to increased demand from tobacco growers. This report provides information on the H-2A program, illustrates current...
Proposals have been made for Congress to enact a law placing a cap on the fees that states could pay attorneys they have retained to pursue litigation against tobacco companies to recover tobacco- related medicaid expenditures or other causes of action. Such caps would apply to existing contracts. Consideration of a law imposing such caps has raised several constitutional issues, which we address in this memorandum. The four issues involve: (1) Congress's commerce power, (2) due process, (3) the takings clause, and (4) federalism. When considering the constitutionality of any federal...
NATO Enlargement and the Former European Neutrals
With the NATO enlargement process now underway, Europe's former neutral states Austria, Finland, Sweden, Switzerland and Ireland are re-evaluating the role they should play in the changing European security setting. In Austria, there is a major political debate dividing partners in the governing coalition over whether or not to seek NATO membership. The key role of NATO in European security has created both opportunities and dilemmas for the former neutrals. On the one hand, their governments recognize that the new global environment has removed the Cold War rationale for a posture as a...
Charter Schools: State Developments and Federal Policy Options
Charter schools are public elementary or secondary schools which are released from a variety of state, local, and possibly federal regulations in return for new forms of accountability in terms of outcomes for pupils. Approximately one-half of the states authorize the establishment of charter schools, and a federal Public Charter Schools (PCS) program provides start-up funds for such schools. The House has passed (H.R. 2616), and the Senate is considering (S. 1380) legislation to modify and expand the PCS program. This report provides background information on charter schools and their...
Summit of the Americas II, April 18-19, 1998: Background, Objectives, and Expectations
President William Clinton will attend Summit of the Americas II in Santiago, Chile, on April 18-19, 1998, with 34 democratic Presidents and Prime Ministers from Latin American and Caribbean countries expected to attend. This is a follow up to Summit of the Americas I hosted by President Clinton in Miami in December 1994. The 1994 Miami Summit created a Plan of Action with 23 initiatives in four major areas. Under the leadership of various countries and organizations, these initiatives have been advanced, and major agreements have been concluded and are in the process of being implemented....
The Work Opportunity Tax Credit: A Fact Sheet
The 104th Congress replaced the Targeted Jobs Tax Credit (TJTC, 1978-1994) with the Work Opportunity Tax Credit (WOTC) in section 1201 of the Small Business Job Protection Act of 1996 (P.L. 104-188). This document provides basic facts about the WOTC.
Medicare Expansion: President Clinton's Proposals to Allow Coverage Before Age 65
This report discusses medicare expansion; President Clinton's proposal to allow people ages 62 through 64 to buy into Medicare if they do not have access to employer-sponsored or federal health insurance.
AIDS Funding for Federal Government Programs: FY1981-FY1999
This report provides a synopsis of the budget activity related to AIDS from the discovery of the disease in 1981 through FY1999. Funding for AIDS research, prevention and treatment programs within the Department of Health and Human Services (HHS) discretionary budget has increased from $200,000 in FY1981 to an estimated $3.85 billion in FY1999.
Civilian Nuclear Spent Fuel Temporary Storage Options
The Department of Energy (DOE) is studying a site at Yucca Mountain, Nevada, for a permanent underground repository for highly radioactive spent fuel from nuclear reactors, but delays have pushed back the facility’s opening date to 2010 at the earliest. In the meantime, spent fuel is accumulating at U.S. nuclear plant sites at the rate of about 2,000 metric tons per year. Major options for managing those growing quantities of nuclear spent fuel include continued storage at reactors, construction of a DOE interim storage site near Yucca Mountain, and licensing of private storage facilities....
Drunk Driving: Should Each State Be Required to Enact a 0.08 Blood Alcohol Concentration (BAC) Law?
At the 0.08 BAC level of alcohol, braking, steering, lane changing, and judgment are degraded and the driving performance of virtually all drivers is substantially impaired. During the debate on reauthorization of the federal surface transportation programs, an amendment that would require each state either to enact a 0.08 BAC law or face the loss of a portion of its Federal Highway Trust Fund monies passed the Senate and will likely be considered in the House. This proposal raises questions about the effectiveness and impacts of a 0.08 BAC law, the rights of states versus the federal...
Promulgating Procedural Rules For the United States District Courts and Courts of Appeals
By rules enabling acts, Congress has authorized federal courts to promulgate rules of procedure, but it has generally reserved the right to review proposed rules before they become effective. On occasion, the Legislature has amended the changes submitted and it has also, sua sponte , made amendments through legislation. This report sketches the manner in which procedural rules for United States district courts and United States courts of appeals are adopted or modified and the participants in the process. This report will be updated if changes take place in the way procedural rules are...
The Proposed Witness Protection and Interstate Relocation Act of 1997: H.R. 2181
H.R. 2181 addresses the problem of gang-related witness intimidation by making it a federal offense to travel in interstate or foreign commerce with the intent to delay or influence the testimony of a witness in a State criminal proceeding by bribery, force, intimidation, or threat. The bill would establish new federal offenses (punishable by fines and imprisonment) relating to attempts to influence the testimony of witnesses in criminal proceedings. The bill would authorize the appropriation of $500,000 for the Attorney General to provide witness protection training to state and local...
This report discusses the vote on H.R. 2400, the "Building Efficient Surface Transportation and Equity Act of 1997"(BESTEA), an omnibus bill to fund surface transportation into the next century.
Agriculture and EPA's New Air Quality Standards for Ozone and Particulates
On July 18, 1997, the Environmental Protection Agency promulgated revisions of the National Ambient Air Quality Standards for ground-level ozone and particulates. EPA's action has elevated awareness of possible relationships between agriculture and air quality in the agricultural community. Many in agriculture, including the Department of Agriculture's Agricultural Air Quality Task Force, have questioned the scientific basis for the new standards. The issues raised also have been aired at congressional oversight hearings. This report summarizes these issues. In assessing the potential...
U.N. Reform in the 1997 General Assembly
This short report provides background and summarizes U.N. reforms considered and adopted by the 1997 U.N. General Assembly. During 1997, Congress considered legislation which would pay some of the U.S. arrears (debt) to the United Nations, the U.N. Specialized Agencies, and other international organizations but only in exchange for specific reforms adopted and implemented by the United Nations. Although the legislation did not pass, Secretary of State Albright has maintained that arrears payment is one of her top priorities for 1998, and in fact, a top priority for legislative action this...
This report presents arguments for and against congressional resolutions which have been introduced to disapprove President Clinton's February 26, 1998 certification of Mexico as a fully cooperative country in efforts to control illicit narcotics. (1) These resolutions, which must be approved within 30 calendar days of the President's certification, would disapprove the President's certification and require the withholding of assistance and support from Mexico ( S.J.Res. 42 ), or they would disapprove the President's certification, but would permit him to avoid withholding of assistance...
Federal Excise Taxes and Statutory Exemptions
This report consists of a chart of selected federal excise taxes that apply to sales of goods and services. The chart is divided into two columns. The first indicates how the taxes are imposed, and the second contains a general listing of statutory exemptions, with a special emphasis on whether there are statutory exemptions for federal agencies. This report does not cover such details as how the tax revenues are used, tax rates, effective dates, or sunset dates. The report does not cover payroll taxes such as social security, Medicare, or unemployment taxes, nor does it include excise...
Consumer Bankruptcy Reform: Proposals Before the 105th Congress
This report examines current consumer bankruptcy practice and the proposals set forth in the reform bills. Also considered are the legislative history of the current consumer bankruptcy scheme, and topics likely to be debated as Congress proceeds to consider consumer bankruptcy reform.
Bankruptcy and Credit Card Debt: Is There A Causal Relationship?
Personal bankruptcy filings now exceed one million per year. Why should bankruptcies have risen to record levels during a period when the economy has enjoyed two of the longest peacetime expansions in history, with unemployment, inflation, and interest rates all falling? Something must have changed in household finance; credit cards are among the "usual suspects." Credit cards figure prominently in the debate over bankruptcy reform. Credit card lenders argue that bankruptcy makes it is too easy for debtors to avoid paying their debts, creating an incentive for reckless or fraudulent...
Food and Drug Administration Modernization Act of 1997 - The Provisions
The Food and Drug Administration Modernization Act of 1997, P.L. 105-115 , is the first comprehensive revision of the Nation's food, drug, and medical device laws in 30 years. This statute establishes new standards for product review and regulatory approval under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act. Several of the changes made by the new law codify regulatory initiatives undertaken previously by the Food and Drug Administration. Title I deals with various drug regulatory concerns. Key provisions include a five-year reauthorization of the...
The American Bar Association considers recording a telephone or face to face conversation without the knowledge and consent of the parties to conversation contrary to the ethical standards of the legal profession. Some of the state court and bar association committees responsible for the regulation of the practice of law agree; some disagree; and some agree but with exceptions.
Federal Timber Harvests: Implications for U.S. Timber Supply
The importance of federal timber has been debated at length over many years. The federal government owns about 20% of U.S. timberlands, concentrated in the west, and about 30% of U.S. timber inventory (and 44% of the softwood inventory). Declines in federal harvests in recent years, and legislation to end federal harvests, have led to concerns about the impacts on forest health and on the economy. The national impacts appear to be relatively modest, but local and regional effects could be substantial.
This document also available in PDF Image . The lawfulness of wiretapping and electronic eavesdropping is the subject of federal law. Recently questions have arisen as to how this applies to attorneys. Surreptitiously recording telephone or face to face conversations without the consent of at least one party to the conversation is illegal and contrary to the ethical standards of the legal profession. In some states recording such conversations requires the consent of all parties to the conversation. Elsewhere, recording a conversation with the knowledge or consent of only one...
The Peace Corps: Background and Issues for Congress
Since the Peace Corps was established by President Kennedy on March 1, 1961, more than 151,000 volunteers have served in 132 countries. The Peace Corps Act sets out three goals for the Agency: to help people of other countries meet their needs for trained personnel; to help promote a better understanding of the American people by those served; and to help promote a better understanding of other people by Americans. Volunteers serve in a diverse range of sectors -- in education, health, small business, the environment, and agriculture -- working at the grassroots level, usually in...
NATO Policy: Selected Legislation in the 103d, 104th, and 105th Congresses
This report is intended to portray the broad array of issues concerning the future of NATO -- primarily, enlargement to include new members, burdensharing, and financial assistance -- that Congress has considered during the past few years. For the 105th Congress, enacted bills, other bills, and resolutions are listed. By contrast, for the 103d and 104th Congresses, only legislation that became public law is highlighted. The report, mainly formulated using the Legislative Information Service, may not necessarily be a comprehensive list of all measures on NATO that were introduced. (1) ...
Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility
Under the Internal Revenue Code, advertising is ordinarily deductible as a business expense. 26 U.S.C. ¿ 162. It has been proposed, however, that the deductibility of the cost of advertising tobacco products be limited or eliminated. Since advertising is a form of speech, this raises the question of whether such a limitation would violate the provision of the First Amendment that "Congress shall make no law . . . abridging the freedom of speech, or of the press . . . ." We conclude that it apparently would not. As advertising is commercial speech, it is not entitled to the same level...
Cancer Research: Selected Federal Spending and Morbidity and Mortality Statistics
This report shows federal spending at the National Institutes of Health (NIH) for research on selected cancer sites.
Africa: Trade and Development Initiatives by the Clinton Administration and Congress
In February 1997, the Clinton Administration submitted the second of five annual reports on the Administration's Comprehensive Trade and Development Policy for Africa as required by section 134 of the Uruguay Round Agreements Act (House Document 103-3415, Vol. 1.). On April 24, 1997, members of the African Trade and Investment
Caucus introduced a bill, H.R. 1432, on U.S.-Africa trade and investment issues. In his State of the Union address in January 1998, President Clinton called on Congress to pass the trade legislation.
Appropriations for FY1998: Foreign Operations, Export Financing, and Related Programs
The annual Foreign Operations appropriations bill is the primary legislative vehicle through which Congress reviews the U.S. foreign aid budget and influences executive branch foreign policy making generally. It contains the largest share -- about 67% -- of total U.S. international affairs spending. For Foreign Operations programs, President Clinton sought $13.324 billion in discretionary budget authority for FY1998, $1.056 billion, or 8.6% higher than available for last year. Most of the increases were concentrated in three activities: multilateral development bank (MDB) contributions,...
Appropriations for FY1998: Military Construction
The military construction (MilCon) appropriations bill finances (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) most base realignment and closure costs. This paper reviews the appropriations and authorization process for military construction. The appropriators have finished their work on H.R. 2016 . Both chambers approved the conference report for the military construction appropriations bill ( H.Rept. 105-247 ) and the President signed...
During their December 1997 summit in Brussels, members of the North Atlantic Treaty Organization (NATO) signed protocols that would add three countries -- Poland, the Czech Republic and Hungary -- to the alliance; the national legislatures of the current 16 current member countries must now approve the enlargement; one major question being considered is how much expansion might cost. Early in 1997, the Clinton Administration sent to Congress a report detailing its rationale and cost estimates for NATO enlargement. The report noted that, with the collapse of the Soviet threat, NATO has...
NAFTA Binational Panel System: Second Constitutional Suit Dismissed
Chapter 19 of the NAFTA allows parties to antidumping and countervailing duty proceedings to seek binational panel review of final agency determinations in lieu of judicial review in the country in which the determination was made. Some have argued that the process violates the Appointments Clause of the U.S. Constitution and possesses other constitutional defects. Federal law allows suits challenging the constitutionality of Chapter 19 panels, but these may only be brought by parties to a panel proceeding. The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed a...
Appropriations for FY1998: Energy and Water Development
The Energy and Water appropriations bill includes funding for civil projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation, much of the Department of Energy and a number of independent agencies, including the Appalachian Regional Commission, the Nuclear Regulatory Commission and the appropriated programs of the Tennessee Valley Authority. The Administration requested $22.3 billion for these programs for FY1998 compared to $20 billion appropriated for FY1997 and $19.3 billion for FY1996. A conference bill reported ( H.Rept. 105-271 ) on September...
Environmental Reauthorizations and Regulatory Reform: From the 104th Congress to the 105th
The 104th Congress pursued efforts to reform environmental regulations on several fronts: (1) revising regulatory decision making processes; (2) attaching specific reforms to funding bills; (3) establishing a House corrections day calendar of bills addressing specific regulatory problems; and (4) incorporating regulatory reforms into individual program reauthorization bills. The 105th Congress has pursued regulatory reform in four primary directions: (1) proposals to establish a comprehensive cost-benefit/risk analysis framework for regulatory programs, (2) private property “takings”...
China's Economy: Findings of a Research Trip
China's economic ascendency has aroused great interest in the Congress. This report combines first-hand impressions of China's economy and U.S.-China commercial relations with an analysis of publicly available data and reporting. China's economy presents divergent and contradictory images. On the one hand, it is dynamic with considerable potential to become a world class power in many areas. On the other hand, visions of China as an economic power constantly collide with the stark reality of the country's poverty, uneven development, and glaring structural weaknesses. While Asia's...
Federal Advertising Law: An Overview
This report provides a brief overview of federal law with respect to five selected
advertising issues: alcohol advertising, tobacco advertising, the Federal Trade
Commission Act, advertising by mail, and advertising by telephone. There are numerous federal statutes regulating advertising that do not fit within any of these categories; as random examples, the Food, Drug, and Cosmetic Act requires disclosures in advertisements for prescription drugs ; the Truth in Lending Act governs the advertising of consumer credit ; and a federal criminal statute makes it illegal falsely to convey in...
The Child Support Enforcement Program: A Fact Sheet
This report discusses the Child Support Enforcement (CSE) program, Part D of Title IV of the Social Security Act, was enacted in January 1975 (P.L. 93-647).
In 1997, the au pair program received considerable media attention as a result of the Louise Woodward court case regarding possible involvement of an au pair in the death of a child in Massachusetts. That same year, Senator Helms introduced S. 1211 ( P.L. 105-48 , signed October 1, 1997) providing permanent authority for the U.S. Government to administer the au pair program. (Previously, the program had to be reauthorized by Congress about every year or two.) In addition, the U.S. Information Agency (USIA), the administering agency for the au pair program, amended existing federal...
Bosnia Stabilization Force (SFOR) and U.S. Policy
In December 1995, a NATO-led implementation force (IFOR) was deployed to Bosnia to enforce the military aspects of the Bosnian peace agreement. After fierce debate, the House and Senate passed separate resolutions in December 1995 expressing support for the U.S. troops in Bosnia, although not necessarily for the mission itself. Legislative efforts to bar funds for the deployment of U.S. troops to Bosnia were narrowly rejected. In the 105th Congress, similar efforts to bar a U.S. deployment after June 1998 were also rejected, although the FY 1998 defense authorization and appropriations...
Medicare: Payments to Physicians
This report discusses payments for physicians services under Medicare that are made on the basis of a fee schedule.
Federal entitlement programs make payments directly to recipients who meet eligibility criteria set by law. There are about 400 of them with Social Security being the largest. Generally, entitlement spending is not subject to control through annual appropriations, and once an entitlement program is established, its scope can be altered only by amending the law that created it.
Maquiladoras and NAFTA: The Economics of U.S.-Mexico Production Sharing and Trade
Debate continues over the benefits of U.S. trade with Mexico, the North American Free Trade Agreement (NAFTA), and particularly maquiladoras, or cross-border production sharing plants. Maquiladoras generate a large portion of U.S.-Mexico trade, yet the economic effects are not widely understood. Many believe there is no benefit to such trade because it leads to the loss of U.S. jobs, production, and wages. Maquiladora products, however, have a high U.S. content that in addition to fostering productivity gains in both countries, may actually minimize the loss of U.S. jobs by allowing the...
Defense Export Loan Guarantee Program (DELG)
This report provides an overview of the Defense Export Loan Guarantee Program (DELG) which became operational on November 8, 1996. It discusses the major features of the program, which is aimed at assisting prospective foreign purchasers of U.S. defense equipment finance those purchases through private sector loans. This report will be revised only as notable events relating to the program warrant.
Education Issues in the 105th Congress, 2nd Session
Several education issues are being considered by the 105th Congress. Some of the congressional action results from expiring legislation, such as the Higher Education Act of 1965 (HEA). Other action may occur because of debate over the appropriate federal role in education, including federal support for school reform or national testing. This report provides a brief summary of education issues anticipated for the 2nd Session, as well as a synopsis of education activity during the 1st Session.
The International Monetary Fund's (IMF) Proposed Quota Increase: Issues for Congress
The International Monetary Fund (IMF) is the international lender-of-last-resort. Each of the 182 members of the IMF have a "quota," which broadly reflects the size of its economy and its relative position in the world economy. Among other things, quotas determine the size of a country's contribution to the IMF's capital. Thus, they provide the funds out of which the IMF makes its loans. Under the IMF's Articles of Agreement, a general review of the adequacy of the IMF's quota resources must be conducted at least every five years. The Eleventh General Quota Review has just been...
Are U.S. forces doing too much? Arguably. Although the armed forces of the United States are meeting mission requirements while maintaining an acceptable level of readiness, indications are that under the current strategy, with existing forces postured and organized for high intensity conflict, the sustainment of both high levels of activity and high readiness will be difficult. Whether or not U.S. forces can continue to sustain the current level of effort is an open question. With either the addition of new global commitments, a reduction in available forces, or a decrease in...
The Forage Improvement Act of 1997: An Analysis of H.R. 2493
This report analyzes most of the provisions of H.R. 2493 , which addresses the grazing programs of the Bureau of Land Management (BLM) and the Forest Service (FS). The bill was sponsored by Rep. Bob Smith, chairman of the House Agriculture Committee and others, and was reported by that committee on September 24, 1997 and was reported by the House Resources Committee on October 8 and October 22, 1997. Both committees amended the bill and it was further amended before passage by the House on October 30, 1997. The bill is considerably shorter than was legislation in the 104th Congress and...
Bosnia: Civil Implementation of the Peace Agreement
Since Dayton Peace Accords, the civilian side of peace implementation has been challenged by the scope of the tasks, and by the lack of commitment demonstrated by the Bosnian parties to various aspects of the peace agreement. In addition, issues such as International Framework for peace implementation, formation of governmental institution, election, civil police task force and displaced persons are discussed in this report.
Bosnia: Civil Implementation of the Peace Agreement
The long and brutal war in Bosnia came to an end in December 1995 with the signing of the Dayton peace agreement. The agreement paved the way for the deployment of a 55,000-strong NATO Implementation Force (IFOR) in Bosnia for one year. While IFOR's military tasks focused on keeping the peace and providing for a secure environment, the implementation of many other civil tasks, coupled with an inflow of humanitarian and reconstruction aid, was seen as essential to building a lasting peace in Bosnia. NATO deployed a smaller Stabilization Force (SFOR) in December 1996 in order to continue to...
Endangered Species List Revisions: A Summary of Delisting and Downlisting
The question of whether the Endangered Species Act (ESA) "works" is an important part of the debate before Congress concerning both its annual appropriations and reauthorization of the Act itself. Information on the species that have been delisted or downlisted from the Lists of Endangered and Threatened Wildlife and Plants is often cited when judging the ESA's success or failure. This report outlines the process and reasons for delisting or downlisting, and summarizes the 27 species delisted due to extinction, recovery, or data revision, and the 22 species that have been downlisted from...
Endangered Species List Revisions: A Summary of Delisting and Downlisting
This report outlines the process and reasons for delisting or downlisting, and summarizes the 27 species delisted due to extinction, recovery, or data revision, and the 22 species that have been downlisted from endangered to threatened status due to stabilized or improving populations.
Appropriations for FY1998: Interior and Related Agencies
The Interior and Related Agencies Appropriations bill includes funding for agencies and programs in four separate federal departments as well as numerous smaller agencies and diverse programs. On February 6, 1997, the President submitted his FY1998 budget to Congress. The FY1998 request totals $13.09 billion compared to the $13.14 billion enacted by Congress for FY1997 ( P.L. 104-208 ). It should be noted that the FY1997 amount included $715 million in nonrecurring emergency appropriations. An additional $386 million was appropriated in the recently enacted Emergency Supplemental...
Bosnia Options After June 1998: Summary of a CRS/GAO Seminar
A seminar held on November 6, 1997, cosponsored by the Congressional Research Service (CRS) and the General Accounting Office (GAO), considered options for the Bosnia peace operation after June 1998, the expiration date of the current NATO operation. On December 18, President Clinton announced his support in principle for a continued NATO presence in Bosnia, including U.S. troops, beyond June 1998. NATO is expected to decide on a post-SFOR force in early 1998. At the November seminar, speakers reviewed progress to date in implementing the Dayton peace agreement, the performance of the NATO...
Appropriations for FY1998: Legislative Branch
The House and Senate in recent years have devoted considerable attention to developing a legislative branch budget that achieved greater efficiency and increased savings. Legislative funding proposals continue to receive close scrutiny this year. While the legislative budget is not particularly large (0.15% of the total federal budget), many Members believe that there are places to trim expenses. To some Members there is symbolic importance in assuring the legislative branch budget is lean at a time when policymakers are actively pursuing elimination of the federal deficit. Efficient and...
Appropriations for FY1998: U.S. Department of Agriculture and Related Agencies
The President signed into law the FY1998 appropriations act for USDA and related agencies ( P.L. 105-86 , H.R. 2160 ) on November 18, 1997. The House and Senate gave final approval to the $49.55 billion measure on October 6 and 29, respectively. Two days after signing the bill, the President exercised his line-item-veto authority by canceling funds for five agricultural research projects, for total savings of $1.9 million. Congress has 30 calendar days to disapprove the cancellations, once it returns in late January 1998. The FY1998 measure provides $3.6 billion less than the FY1997...
Congressional Districts: How to Compile Histories of Their Composition and Representation
Members of Congress, their staff, and their constituents sometimes request historical information on the composition and representation of congressional districts: Who are the Members who have ever represented the area a Member currently represents? What are the names and party affiliations of the House Members who have represented a particular county since it was created? Have two counties always been within the same congressional district? This report explains how researchers may prepare compilations called congressional "district histories," which answer these and other such questions....
U.S. Issues in the Pacific Islands: Setting Priorities
The participants in a CRS Seminar on U.S. relations with Pacific Island states and territories came to consensus on several areas.. They are that the U.S. Government bears greatest responsibility for the three U.S. territories (Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI)), and for the three self-governing states in free association with the United States (the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau). Current issues center on Guam's seeking change in its political status, immigration flows affecting Guam and...
APEC and the 1997 Summit in Vancouver
This report discusses the November 25, 1997 summit held by leaders of the Asia Pacific Economic Cooperation (APEC) in Vancouver, B.C., Canada. The purpose of the summit was to further pursue the APEC agenda of endorsing a framework developed by APEC leaders' finance ministers to promote financial stability in the Asia-Pacific region and to supplement resources by the International Monetary Fund when necessary.
Senate Consideration of the North Atlantic Treaty and Subsequent Accessions: Historical Overview
The Senate debate over the original North Atlantic Treaty and three subsequent accessions (Greece and Turkey in 1952, Germany in 1955, and Spain in 1982) took place under very different circumstances than the current debate over the proposed accessions of the Czech Republic, Hungary and Poland. The historical setting, of course, has fundamentally changed. Then there was a broad consensus in the United States that the Soviet Union posed a threat to U.S. interests in Europe. Today, there is an equally broad consensus that there is no such threat. Some issues raised in the earlier debates by...
Congressional interest in the Chinese military, or People’s Liberation Army (PLA), has increased as a result of the March 1996 tensions in the Taiwan Strait, continuing allegations of Chinese proliferation of technology useful in weapons of mass destruction, and reports that some Chinese defense-related corporations have circumvented U.S. export controls to acquire dual-use technology. The Commission of Science, Technology, and Industry for National Defense (COSTIND), an important, high-level PLA organization, plays a role in China’s weapon programs, sales of civilian goods, acquisition of...
Congressional interest in the Chinese military, or People's Liberation Army (PLA), has increased as a result of the March 1996 tensions in the Taiwan Strait, continuing allegations of Chinese proliferation of technology useful in weapons of mass destruction, and reports that some Chinese defense-related corporations have circumvented U.S. export controls to acquire dual-use technology. The Commission of Science, Technology, and Industry for National Defense (COSTIND), an important, high-level PLA organization, plays a role in China's weapon programs, sales of civilian goods, acquisition...
Fiscal Year 1998 Continuing Resolutions
Congress annually considers 13 regular appropriations bills providing funding for agency operations. If any of these bills are not enacted by the start of the fiscal year (October 1), the nonessential activities of the agencies funded in the outstanding bills must cease. In those years in which all 13 bills are not enacted by the deadline, Congress adopts measures continuing funding until the regular bills are enacted. This report discusses these measures, which are referred to as continuing resolutions.
Appropriations for FY1998: Defense
On October 23, House and Senate conferees announced agreement on a compromise version of the FY1998 defense authorization bill, H.R. 1119 . The House approved the conference report on October 28 by a vote of 268-123, and the Senate approved the agreement on November 6 by a vote of 90-10. The President signed the bill into law ( P.L. 105-85 ) on November 18. The issue that had held up agreement in the conference for several weeks was how to allocate work between public Air Force depots in Utah, Oklahoma, and Georgia and two recently privatized facilities in California and Texas. The...
Adoption Promotion Legislation in the 105th Congress
President Clinton signed the Adoption and Safe Families Act into law on November 19, 1997, after the House and Senate approved final versions of the legislation on November 13. The new law (P.L. 105-89) is intended to promote adoption or other permanent arrangements for foster children who are unable to return home, and to make general improvements in the nation’s child welfare system. The House initially passed legislation (H.R. 867) on April 30 by a vote of 416-5, and the Senate passed an amended version on November 8. A compromise version was passed on November 13, by a vote of 406-7 in...
Central American Asylum Seekers: Impact of 1996 Immigration Law
This report discuses issues related to the significant portion of the Central Americans affected by the IIRIRA revisions still have asylum cases pending and may obtain legal permanent residence by that avenue if they demonstrate a well-founded fear of persecution. The Attorney General also has the discretionary authority to grant blanket relief from deportation, but the discretionary forms of relief do not entail legal permanent residence. There is considerable interest in this issue in the 105th Congress, and the Senate passed by a vote of 99 to 1 an amendment to provide relief for...
Global Climate Change Treaty: Negotiations and Related Issues
This report discusses the negotiations leading the Kyoto conference of the parties. The United States and other parties to the 1992 Climate Change Convention signed at the Earth Summit in Rio de Janeiro will meet December 1-12 in Kyoto, Japan, to conclude year-long negotiations on a legally binding protocol or amendment to reduce or stabilize emissions of greenhouse gas emissions. The U.S. proposal to reduce emissions of carbon dioxide and five other greenhouse gases to 1990 levels between 2008-2012 is less ambitious than environmentalists and many other treaty Parties urge, but...
Global Climate Change: The Role of U.S. Foreign Assistance
This report discusses the role of U.S. foreign assistance to reduce emissions of the greenhouse gases that most experts believe cause global warming
The Partial-Birth Abortion Ban Act of 1997, H.R. 1122 was vetoed by President Clinton on October 10, 1997. This legislation would have made it a federal crime, punishable by fine and/or incarceration, for a physician to perform a partial birth abortion unless it was necessary to save the life of a mother whose life is endangered by
a physical disorder, illness, or injury. The partial-birth abortion legislation has stimulated a great deal of controversy. This report provides a brief overview of the abortion methods currently in use for which data have been published and some positions on...
Chinese Nuclear Testing and Warhead Development
Several rationales may explain the development of Chinese nuclear weapons. These include international benefits (nuclear weapons may enhance security, influence, and prestige); technology (warhead development is constrained to certain paths by technological imperatives regardless of leadership or doctrinal preferences); doctrine (recent Chinese thinking may envision broadening nuclear weapons' role); and others. These rationales may have shifted in salience, with international benefits dominant early on and doctrine becoming more influential over time. Data on China's nuclear test...
Appropriations for FY1998: Department of Transportation and Related Agencies
For FY1998, the U.S. Department of Transportation (DOT) requested total funding of $38.384 billion, about a 2.6% decrease from the FY1997 estimate of $39.204 billion. The FY1998 budget request for the DOT was similar in many respects to the FY1997 appropriation. For many of the DOT modal administrations, for example, the Federal Railroad Administration, the Federal Aviation Administration, and the Federal Highway Administration, funding levels were requested to decrease slightly but most programs and priorities would continue. A small increase was for the U.S. Coast Guard. There were...
Prison Litigation Reform Act: Survey of Post-Reform Act Prisoners' Civil Rights Cases
This report summarizes the Prison Litigation Reform Act and surveys post- Reform Act court decisions interpreting the Act and other cases concerning prisoners' civil rights.
China and the Multilateral Development Banks
Congress is currently considering appropriations for U.S. contributions to the World Bank and other multilateral development banks (MDBs) as well as separate legislation that would require U.S. representatives to these institutions to oppose all concessional loans to China. This report provides a brief analysis of China’s relationship with the MDBs to highlight some issues and help Members of Congress, congressional staff, and observers better understand the context for the current debates in Congress and the multilateral agencies.
China and the Multilateral Development Banks
Congress is currently considering appropriations for U.S. contributions to the World Bank and other multilateral development banks (MDBs) as well as separate legislation that would require U.S. representatives to these institutions to oppose all concessional loans to China. This report provides a brief analysis of China’s relationship with the MDBs to highlight some issues and help Members of Congress, congressional staff, and observers better understand the context for the current debates in Congress and the multilateral agencies.
Fast Track for Trade Agreements: Procedural Controls for Congress and Proposed Alternatives
This report discusses the fast track trade procedures in the Trade Act of 1974 operate as procedural rules of the House and Senate, and the statute itself declares them to be enacted as an exercise of the constitutional authority of each house to determine its own rules. These procedures prevent Congress from altering an implementing bill or declining to act, but permit it to enact or reject the bill. By these means Congress retains authority to legislate in the areas covered, yet affords the President conditions for effective negotiation.
Business and Labor Spending in U.S. Elections
Federal election law has long prohibited corporate and union spending in federal elections, but distinctions in statutes and judicial rulings have opened avenues by which these groups have been able to spend money in the electoral process. Business groups make particular use of political action committee (PAC) donations to candidates and soft money donations to parties. Unions made prominent use of issue advocacy in 1996, but labor’s political strength lies in exempt activity communications with members. This report explains these tools and their use in today’s elections.
Business and Labor Spending in U.S. Elections
Federal election law has long prohibited corporate and union spending in federal elections, but distinctions in statutes and judicial rulings have opened avenues by which these groups have been able to spend money in the electoral process. Business groups make particular use of political action committee (PAC) donations to candidates and soft money donations to parties. Unions made prominent use of issue advocacy in 1996, but labor’s political strength lies in exempt activity communications with members. This report explains these tools and their use in today’s elections.
This report discusses private contracting for medicare,which is the term used to describe situations where a physician and a patient agree not to submit a claim for a service which would otherwise be covered and paid for by Medicare.
A Brief Introduction to the Federal Budget Process
This report provides a brief introduction to the federal budget process. Key budget concepts and terminology are defined and explained. The separate procedures that make up the federal budget process are identified and their salient features described. While a complete understanding of federal budgeting probably can be obtained only after much observation and study of the process in operation, broad exposure to its rudiments is a useful first step. Various resources “for additional reading” are identified at the end of this report, which the reader may find helpful in exploring the subject...
China's Economic Development: An Overview
Since the initiation of economic and trade reforms in 1978, China has been one of the world's fastest growing economies. According to Chinese data, real GDP grew at an average annual rate of 10% between 1979 and 1996, increasing the real size of the Chinese economy by five times its 1978 level and substantially raising Chinese living standards. Much of China's recent economic growth has been driven by a high rate of capital accumulation and large productivity gains, both largely the result of economic reforms. Foreign investment and trade have played a major role in China's economic...
The Israeli Economy: Overview and Developments Through 1997
The Israeli economy belies simple categorization. Based on a per capita income level of $16,783, a large services sector, and hundreds of dynamic high-tech companies, it is modern and advanced. Based on the large role the government still plays in the economy, it is interventionist and regulated. And based on the country's high defense requirements, chronic trade deficits, and political economy, it can be described as distinctive or unique. Since 1948, the economy has experienced three different stages of development. The first (1948-1972) and third stages (1989-1995) were classic boom...
Biosphere Reserves: Fact Sheet
Since 1972, the United States has participated in the Man and the Biosphere Program (MAB), coordinated by the United Nations Educational, Scientific and Cultural Organization (UNESCO). This report presents a background on the criteria for Biosphere Reserves, designation process and the policy implications of designation/recognition.
Superfund Cleanup Standards Reconsidered
For Congress, the reauthorization of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund, has particularly focused on two major areas of reform: liability and the selection of cleanup standards/remedies. This report addresses the latter, and within that general topic, discusses six issues that have received attention from a number of stakeholders: the role of risk assessment; cost-effectiveness of treatment; complete or partial elimination of what are called ARARs (the statutory requirement that Applicable or Relevant and...
China: U.S. Economic Sanctions
The use of sanctions as a foreign policy tool to bring states into conformity with certain international norms, whether on human rights, nonproliferation, aggression, or a number of other issues, plays a central and controversial part in current U.S. foreign policy debates. Much of the authority to impose, waive, or lift sanctions rests with the President. In the case of the People's Republic of China, however, Congress has played an active part in constructing the U.S. sanction regime and, given current tensions, will probably examine the issue of U.S.-China relations in the coming...
Environment in Fast Track Trade Authority: Summary of the Clinton Administration Proposal
President Clinton has asked Congress for "fast track" authority for implementing future trade agreements; this authority would limit congressional debate and prevent amendments to implementing legislation. Delays in completing this proposal were attributed to difficulties in reconciling conflicting pressures over environment and labor concerns. The President's proposal contains references to environmental concerns, but various interests are likely to seek clarification on these points.
Agriculture: A Glossary of Terms, Programs, and Laws
This report includes a glossary of approximately 1,700 agriculture and related terms (e.g., food programs, conservation, forestry, environmental protection, etc.). Besides defining terms and phrases with specialized meanings for agriculture, the glossary also identifies acronyms, agencies, programs, and laws related to agriculture.
China: U.S. Economic Sanctions
This report presents a history of U.S. economic sanctions imposed against the People's Republic of China for foreign policy reasons since 1949. It highlights sanctions that are currently active and details occasions on which those restrictions have been modified, waived or permanently lifted. The report provides citations for Presidential authority in current law and the Administration's issuance of regulations and administrative orders.
Continuing Appropriations Acts: Brief Overview of Recent Practices
This report provides information on the history of continuing resolutions; the nature, scope, and duration of CRs during the last 30 years; the various types of CRs that have been enacted; and an overview of those instances when budget authority has lapsed and a funding gap has resulted.
Attorneys' Fees in the State Tobacco Litigation Cases
In the past few years, many states have filed complaints against the tobacco industry in state court to recover Medicaid costs paid by the states to treat their citizens for tobacco related illnesses. The states are also attempting to recover other damages, such as punitive damages, against the tobacco industry. For various reasons, the states have hired private attorneys to assist the state Attorneys General in prosecuting these cases. In most cases, the retention of private counsel has included a fee agreement specifying the amount of compensation that these attorneys will receive for...
Medicare: Payments to HMOs and Other Private Plans Under the Medicare+Choice Program
This report describes how payments will be calculated under the Medicare+Choice program established under the new law.
Suspension of Deportation: Tighter Standards for Canceling Removal
Since 1940, Congress has allowed the Attorney General to grant lawful status to certain aliens who, though not lawfully admitted, have established deep roots here. As first enacted, the Attorney General could suspend the deportation of aliens who could show 5 years of good moral character and prospective "serious economic detriment" to lawfully present members of their immediate families. However, several classes of aliens were ineligible, and Congress retained power to overturn relief by resolution. Over time, Congress has changed the basic eligibility rules for suspension of...
Gasoline Excise Tax—Historical Revenues: Fact Sheet
The federal government has levied a tax on gasoline since 1932. This report provides a table that examines this tax since its inception.
This report briefly discusses recent political, economic, and security issues in Turkey, especially relating to Turkey's relationship with Greece, the European Union, and the United States.
Turkey's year-long experiment with Islamist-led government ended in July, when a multi-party secularist coalition headed by Prime Minister Mesut Yilmaz took office for what is viewed as a transition to early national elections sometime in 1998. The political situation is fluid. The government is addressing some economic problems and redirecting Turkey's foreign policy back toward the West and toward Turkic kin in Azerbaijan and Central Asia. There are problems in Turkey's relations with the European Union, with efforts to reach an international settlement on Cyprus, and in Turkish-Greek...
Wetland Mitigation Banking: Status and Prospects
Wetland protection is controversial because the federal government regulates activities on private lands and because the natural values at some of these regulated sites are being debated. This controversy pits property owners and development interests against environmentalists and others who seek to protect the remaining wetlands. Mitigation banking, which allows a person to degrade a wetland at one site if a wetland at another site is improved, has been identified as a potential answer to this shrill and seemingly intractable debate. Mitigation banking is relatively new, and federal...
Budget Reconciliation in the 105th Congress: Achieving a Balanced Budget by 2002
Achievement of a balanced federal budget by 2002 was a high priority for the 105th Congress and the President. After months of negotiations and debate, starting in February 1997 and ending in July 1997, congressional leaders and the White House forged a consensus on legislation to accomplish this goal. The legislation, signed into law by President Clinton on August 5, 1997, sets “caps” on discretionary spending, constrains entitlement programs, and on balance reduces federal taxes.
"Legal Expense Funds" and Contributions for Legal Expenses in the House of Representatives
The permission to accept outside private donations, or to use campaign funds, to defray the costs of certain legal expenses for Members and employees of the House of Representatives, operates as an exception to, as well as guidance for, general statutory and congressional rules prohibiting or restricting the receipt of gifts (5 U.S.C. Section 7353; House Rule 52), the use of "unofficial office accounts" (House Rule 45, 2 U.S.C. Section 59e(d)(1)), and the use of campaign funds and contributions (House Rule 43(6), 2 U.S.C. Section 439a). Guidance from the House Committee on Standards of...
Russian Conventional Armed Forces: On the Verge of Collapse?
All quantitative indicators show a sharp, and in most cases an accelerating, decline in the size of the Russian armed forces. Since 1986, Russian military manpower has decreased by over 70 percent; tanks and other armored vehicles by two-thirds; and artillery, combat aircraft, and surface warships by one-third. Weapons procurement has been plummeting for over a decade. In some key categories, such as aircraft, tanks, and surface warships, procurement has virtually stopped. This has led not only to a decline in present inventory, but implies a long-term crisis of bloc obsolescence in the...
NAFTA, Mexican Trade Policy, and U.S.-Mexico Trade: A Longer Term Perspective
The North American Free Trade Agreement (NAFTA) has been in place for over three years, and Congress continues to evaluate it as part of the trade policy process. "Free trade" is a contentious debate and has become even more complicated in the NAFTA context because of Mexico's 1995 economic crisis. Many critics consider the sudden shift from surplus to deficit in the U.S. trade balance with Mexico a clear indication of NAFTA's failure. Others see NAFTA as a positive force supporting U.S. exports. To sort out the effects of trade agreements, this report evaluates the U.S.- Mexico trade...
Clean Water Issues in the 105th Congress
For the 105th Congress, reauthorization of the Clean Water Act may be a priority in the second session. The Act was last amended in 1987 and authorizations expired on Sept. 30, 1990. Clean water was a priority for the last two Congresses, but no legislation was enacted. In the 104th Congress, the House passed a comprehensive reauthorization bill, but during House debate and subsequently, controversies arose over whether and how the Act should be made more flexible and less burdensome on regulated entities. Issues likely to be of interest again in the 105th Congress include funding, overall...
Greece and Turkey: Aegean Issues -- Background and Recent Developments
For many years, NATO allies Greece and Turkey have been adversaries in bilateral disputes which have produced crises and even brought them to the brink of war. One series of disputes involves Aegean Sea borders. The two disagree over the border in the air, continental shelf, and territorial sea, over the status of islands in the Sea, and over the ownership of Aegean islets. In the aftermath of a January 1996 crisis over the sovereignty of the Imia/Kardak islet, various dispute resolution initiatives were undertaken. NATO proposed military-related confidence-building measures, some of...
Congressional Campaign Spending: 1976-1996
The data in this report reflect spending by congressional candidates from funds donated by individuals, political action committees (PACs), parties, and candidates. Thus, it includes expenditures under candidate control and does not reflect spending on their behalf, with or without their cooperation, by parties, PACs, and other groups.
Federal Statutes Allowing Consumers "Cooling Off" Periods to Rescind Contracts
Contracts are generally governed by state law. Under state law, a contract takes effect and is enforceable upon being created -- that is, when an offer is accepted. Federal law, however, has several exceptions to this rule, which allow consumers a "cooling off" period during which they may rescind particular types of contracts, owe nothing, and not be subject to suit for breach of contract. These provisions are in the Truth in Lending Act, the Credit Repair Organizations Act, the Interstate Land Sales Full Disclosure Act, and a regulation promulgated under the Federal Trade Commission Act.
Aviation Taxes and the Airport and Airway Trust Fund
This report discusses the reauthorization of excise tax revenues for the airport and airway trust fund, which has been a contentious issue for the last two years. Most of the concern during this
period was about future funding needs for the Federal Aviation Administration (FAA). The issue, somewhat unexpectedly, became an element of the tax plans embedded in House and Senate FY1998 budget reconciliation proposals. The House proposed a major structural change in how aviation taxes would be imposed.
Conventional Arms Transfers to Latin America: U.S. Policy
This report provides background on United States policy regarding conventional arms transfers to Latin America. It focuses on the development of U.S. policy toward arms sales and transfers to Latin America, and the debate over modifying existing policy and practices regarding such sales and transfers to countries in this region. United States policy on arms transfers to Latin America, as implemented, has gone through various modifications over the last forty years. However, there has always been some reluctance to provide large quantities of arms to this region. And, there has been a...
Today's NATO is different in many ways from the alliance that existed prior to the November 1989 fall of the Berlin Wall. This chronology records some significant developments affecting the dual processes of NATO enlargement and adaptation from that time until the July 8-9, 1997 NATO summit meeting in Madrid, Spain.
The Civilian Marksmanship Program
This document also available in PDF Image . The Civilian Marksmanship Program (CMP) was initiated by Congress in the early 1900s. Throughout much of its existence as a government-sponsored and funded organization, little controversy surrounded the program, and in fact, it was (and remains today) a popular program among sportsmen, collectors, and various other groups. However, since the 1980s, with gun control becoming a key political issue, the CMP has been surrounded with contention (so much so that Congress made it a private, autonomous entity in October 1996). Some of the issues...
NATO: Article V and Collective Defense
Article V of the North Atlantic Treaty does not guarantee the use of force to assist an ally under attack. Nonetheless, the U.S. pledge of collective defense has been the core of the alliance. NATO views collective defense, and not collective security, as its core function. This study will not be updated.
As part of its effort to reduce the costs of its military systems and gain greater access to state-of- the-art technologies, the Department of Defense (DOD) is pursuing what it calls a "dual-use" strategy. This strategy seeks to make greater use of the commercial sector in developing and manufacturing military goods. The strategy has two principal elements: acquisition reform to remove the regulatory and administrative barriers that inhibit greater use of commercial technology, and "dual-use" technology programs that actively seek to (a) develop new dual-use technology in cooperation...
NATO Enlargement: The Process and Allied Views
In December 1996, NATO countries expressed the intention to name one or more candidate states for membership at the alliance summit in Madrid on July 8-9, 1997. Designation of candidates would be the first significant step in the process of admitting central European countries. NATO has set a target date of April 1999 for completion of current members' constitutional processes to revise the North Atlantic Treaty to incorporate new members. Expansion of the alliance has triggered a broad debate about NATO's purpose and future. Since the end of the Cold War, NATO's missions have been...
Internet Indecency: The Supreme Court Decision on the Communications Decency Act
In Reno v. American Civil Liberties Union , No. 96-511 (June 26, 1997), the Supreme Court, by a 7-2 vote, declared unconstitutional two provisions of the Communications Decency Act (CDA) that prohibited indecent communications to minors on the Internet. The CDA is Title V of the Telecommunications Act of 1996, P.L. 104-104 . Section 502 of the Act rewrote 47 U.S.C. Section 223(a) and added subsections (d) through (h) to 47 U.S.C. Section 223. It did not amend subsections (b) or (c), which restrict commercial dial-a-porn services. In Reno v. ACLU , the Supreme Court struck down Section...
Volunteer Protection Act of 1997
The Volunteer Protection Act of 1997 (VPA), P.L. 105-19 , became law on June 18, 1997, when the President signed S. 543 , 105th Congress. As passed by the Senate, this bill was identical to H.R. 911 , 105th Congress, as reported by the House Committee on the Judiciary on May 19, 1997 ( H.Rept. 105-101 ). The VPA, whose effective date is September 16, 1997, immunizes individuals who do volunteer work for nonprofit organizations or governmental entities from liability for ordinary negligence in the course of their volunteer work. It also limits punitive damages and noneconomic damages...
Food and Agriculture Provisions in the FY1997 Supplemental Appropriations Act
Report providing an overview of provisions and funding related to food and agriculture program as a part of a supplemental appropriations bill (P.L. 105-18, H.R. 1871).
Federal Restrictions on State or Local Government Officer or Employee Political Activities
Political activities of federal employees are regulated by the Hatch Act. (1)
In 1940, the law was amended to cover certain state (including
territories or possessions) or local government officers or employees. All but three of the
prohibitions on political activity by these individuals were removed in 1974. Enforcement
provisions were added in 1978. (2) Legislation is pending in the
House of Representatives in the 105th Congress to repeal the provision prohibiting state or local
government officers or employees from seeking elective office.
- 5 U.S.C. 7321-7326. The law...
Individuals with Disabilities Education Act Reauthorization Legislation: An Overview
The Individuals with Disabilities Education Act (IDEA) authorizes several programs to support and improve early intervention and special education for infants, toddlers, children and youth with disabilities. The 105th Congress has considered legislation to amend, revise, and extend IDEA. The President signed the Individuals with Disabilities Education Act Amendments of 1997, P.L. 105-17 , on June 4, 1997. The amendments are comprehensive in nature and address a wide range of legal and programmatic issues affecting early intervention and special education. Discipline . Schools have...
Metric Conversion and the Federal Role: An Update
The United States remains the only major industrialized country in which a nonmetric measurement system is predominantly employed. Section 5164 of the Omnibus Trade and Competitiveness Act of 1988 (P.L. 100-418) amended the Metric Conversion Act to require federal agencies to use the metric system in their activities. Legislation in the 104th and 105th Congress limits federal metric conversion activities, particularly in instances where states, local governments, and the private sector may be required to convert to the metric system in order to participate in federally funded programs.
Russia's Nuclear Forces: Doctrine and Force Structure Issues
This document also available in PDF Image . In 1991, the Russian Federation inherited most of the Soviet Union's nuclear weapons, nuclear command and control system, and nuclear doctrine and employment strategy. It has altered both the nuclear doctrine and force structure in response to domestic economic pressures and its evolving position in the international environment. Russia has placed a greater reliance on nuclear weapons than did the Soviet Union, both as a measure of its superpower status and as a deterrent to a wide range of challenges and conflicts. Where the Soviet Union...
Nicaragua: Changes Under the Chamorro Government and U.S. Concerns
National reconciliation was the primary goal of President Violeta Barrios de Chamorro's administration from 1990-1996. Yet many critics, both in Nicaragua and in the U.S. Congress, saw her commitment to keeping the peace within the Nicaraguan national family as slowing the pace of political, institutional, and economic reform in the early years of her seven-year term. During the last two years, however, Nicaragua began to develop the institutions that contribute to a pluralist system. Primary U.S. concerns have been the development of democracy and of the economy, and the settlement of...
The IMF's "General Arrangements to Borrow" (GAB): A Background Paper
In the wake of the Mexican financial crisis, the G-7 industrial countries (1) agreed, at the Halifax economic summit of June 15-16, 1995, to establish an "emergency financing mechanism." This proposal has ultimately evolved into the so-called "New Arrangements to Borrow" (NAB). (2) The NAB, however, parallels and complements the GAB, which were established in 1962. While the proposed NAB would become the facility of first recourse, the GAB remain in existence and are still available to be drawn upon. More importantly, the SDR 17.0 billion (3) in existing financial commitments to the...
Environmental Protection: How Much It Costs and Who Pays
A recurring issue in environmental policy is the cost of pollution control imposed on individuals, businesses, and governments. To inform policymakers about these costs, a number of surveys and analyses have been conducted over the years. Consistent, basic sources have been an annual survey of costs to manufacturers, conducted by the Bureau of Census (BOC), and an annual analysis of total costs, prepared by the Bureau of Economic Analysis (BEA). Overall, the BEA analysis showed the nation spent $122 billion for pollution abatement and control in 1994, or about 1.76% of Gross Domestic...
This document also available in PDF Image . Congress plays a critical role in the ability of the Clinton Administration to carry out an October 21, 1994, executive agreement between the United States and the Democratic People's Republic of Korea (DPRK) that defused a confrontation over the latter's suspected nuclear weapons program. Under the U.S.-DPRK Agreed Framework, North Korea pledged to freeze its existing nuclear program and eventually to allow the International Atomic Energy Agency (IAEA) to carry out inspections designed to account for all of its nuclear material, after which...
Peacekeeping Options: Considerations for U.S. Policymakers and the Congress
This document also available in PDF Image . As recent international efforts to quell instability in many troubled nations have reached mixed or ambiguous outcomes, many Members of Congress wish to reexamine the tools available to the United States to address the problem. Since its founding in 1945, the United Nations has been the world's primary instrument for international response to instability and for international efforts to achieve peace. But the 1990s expansion of U.N. peacekeeping activities, both in number and in scope, resulted in some operations which were perceived as...
Issues Related to the Provision of Housing and Utilities to Employees
Over 3,200 state employees receive free, state-subsidized housing and utilities; live in state-owned properties for a nominal monthly rate; or receive monthly cash payments in lieu of in-kind housing benefits. Over 1,300 state employees receive some form of educational assistance from their employing agencies
English as the Official Language of the United States: An Overview
This report provides background on contemporary efforts to declare English the official language, a review of selected issues raised by official English proposals in Congress, and a summary of arguments that have been advanced in favor of and in opposition to such proposals.
Developing Technology for Humanitarian Landmine Clearing Operations
This document also available in PDF Image . The International Committee of the Red Cross estimates that every year approximately 24,000 men, women, and children are killed or injured by anti-personnel landmines. The State Department estimates that between 85 million and 108 million anti-personnel landmines remain in place in 70 countries. The United Nation's estimates that 2 million new mines are laid each year. Even if no new mines are laid, it could take hundreds of years and billions of dollars to clear all affected areas, given current technology and level of effort. Current...
South Korea's Economic Reforms And U.S. Interests
From the perspective of U.S. exporters and investors, gaining fair and effective access to South Korea's market is part of a broader problem of doing business in an economy that limits the role of market forces. Extensive government intervention and regulation of economic activity, non- transparent and often discriminatory bureaucratic actions, and a strong drive for autonomy all make South Korea one of the most difficult markets in the world to do business in. To the extent that the South Korean government implements economic reforms that expose more segments of its economy to market...
Legal Analysis of Proposals to Make English the Official Language of the United States Government
This document also available in PDF Image . A contemporary political movement to install English as the official language of the United States has continued to gather momentum since Congress in the mid-1980's first held hearings on various proposals to amend the Federal Constitution to achieve that end. Although federal efforts to date have fallen short of their goal, greater success has been achieved in promoting official English laws at the state level. Presently, twenty-one states have laws declaring English to be the official state language. These state laws have usually been...
Defense Budget: Role of the Joint Requirements Oversight Council
This document also available in PDF Image . In 1986, Congress addressed perceived inefficiencies in the organization of the Joint Chiefs of Staff through the Goldwater-Nichols Department of Defense Reorganization Act of 1986. Title II of Goldwater-Nichols broadened the responsibilities of the Chairman of the Joint Chiefs of Staff (CJCS), and created the position of Vice-Chairman. The Joint Requirements Oversight Council (JROC), an instrument of the Chairman, assists him in assessing military requirements for defense acquisition programs; the extent to which the program recommendations...
Excise Taxes on Alcohol, Tobacco, and Gasoline: History and Inflation Adjusted Rates
This report provides inflation adjusted excise tax rates for alcohol, tobacco, and gasoline products. The base for computation is November 1951; the adjustments show what the tax rates would be if they had been increased to reflect inflation. All of the above cited commodities had rate increases effective for that date under the Revenue Act of 1951. Just as the Congress was prepared to lower excise tax rates because of peacetime conditions, plans had to be revised as a result of the start of the Korean War. Thus, the Revenue Act of 1951 was born out of revenue needs due to increased...
Immigration: New Consequences of Illegal Presence
The 104th Congress passed major legislation to combat illegal migration to the U.S. One purpose of this law, enacted as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (Division C of P.L. 104-208 ), is to establish new legal disincentives to reside in the U.S. illegally. The Immigration and Naturalization Service has estimated that 5 million aliens were residing here unlawfully as of October 1996. Of this estimated population, about three-fifths entered surreptitiously (called EWIs, for e ntered w ithout i nspection), and about two-fifths...
Federal Land Management: Appeals and Litigation
This document also available in PDF Image . The Forest Service in the Department of Agriculture and the Bureau of Land Management in the Department of the Interior each currently have a system of administrative appeals for most agency land management decisions. Critics assert that administrative and judicial appeals are stopping or unacceptably slowing the decision-making processes and the use of federal lands and resources; that many appeals are "frivolous" and brought for the purpose of frustrating rather than improving land management actions, and that appeals greatly increase the...
Military Base Closures Since 1988: Status and Employment Changes at the Community and State Level
This document also available in PDF Image . U.S. budget outlays for national defense have declined sharply since the late 1980s, and are expected to continue this decline for several more years. The downsizing of the U.S. armed forces, which began before the fall of the Berlin Wall, has been an important factor in the drop in defense spending. Beginning in 1988, Congress required a reduction in military bases and other military real property infrastructure to accompany the manpower cuts. Members of Congress are very interested in how defense spending cuts and the consequent base...
Taiwan's National Development Conference of December 1996 set forth policy changes important to Taiwan, the People's Republic of China (PRC), and the United States. If implemented, these changes could exacerbate cross-Strait tensions and complicate U.S. efforts to develop constructive engagement with the PRC while sustaining close ties with Taiwan. Prospects for Taiwan's implementing the changes are mixed. U.S. options for dealing with the emerging situation range from quiet diplomacy to direct U.S. mediation of Taiwanese-mainland differences.
U.N. Development Program: Background and Issues for Congress
The U.N. Development Program (UNDP), established in 1966 by the U.N. General Assembly, coordinates and provides funding for most U.N. development assistance programs. In 1996, the U.S. contribution of $52 million (50% lower than the 1995 contribution) reduced the United States from the largest to the seventh largest donor for the first time since the organization was founded. This report discusses UNDP funding, programs, and role in international development activities. It describes briefly Congress' concerns that UNDP programs lack focus. Congress is also concerned about the growing role...
The DOD Service Academies: Issues for Congress
This document also available in PDF Image . Congress has exercised close oversight over the DOD service academies (the Military Academy at West Point, NY; the Naval Academy at Annapolis, MD; and the Air Force Academy at Colorado Springs, CO) since West Point was founded in 1802. Seventy-five percent of academy appointments are made by Members of Congress. There has been considerable legislation affecting academy programs since the late 1980s. There has also been controversy over the moral and ethical standards and atmosphere at the academies. Both reflect a broader issue -- whether the...
Electric Utility Restructuring: Overview of Basic Policy Questions
Proposals to increase competition in the electric utility industry involve segmenting electric functions (generation, transmission, distribution) that are currently integrated (or bundled) in most cases (both in terms of corporate and rate structures). This report identifies five basic issues this effort raises for the Congress to consider as the debate on restructuring proceeds.
Committee System: Rules Changes in the House, 105th Congress
This fact sheet details changes in the committee system contained in H.Res. 5 , the rules of the House for the 105th Congress.
This fact sheet makes a distinction between DOD programs that develop dual-use technologies and DOD's "dual-use" technology development programs. The distinction is more than semantic and is worth noting as Congress considers non-defense expenditures in DOD's budget. Many of the technologies and much of the knowledge generated by DOD's traditional Science and Technology (S&T) programs could be considered dual-use (e.g., programs in the sciences, materials, electronics, computers, design methods, manufacturing methods, software engineering). DOD has been supporting many of these programs...
Nicaragua's 1996 Elections and Results
The acrimony surrounding Nicaragua's recent elections has raised new concerns for political conciliation and stability there. Nicaraguans voted for president, the legislature, and other offices on Sunday, October 20, 1996. It was more than a month later, however, before rightist Arnoldo Aleman was officially declared the winner of the presidential race. Rightist Aleman, mayor of Managua from 1990-1995, defeated leftist Daniel Ortega, head of the Sandinista National Liberation Front (FSLN) and president from 1985-1991, and 21 other candidates by a wide margin. After a highly polarized race,...
Grants and Foundation Support: Selected Sources of Information on Government and Private Funding
This report provides a bibliography that describe general sources of support and a few of the current general guides to writing grant proposals.
The U.S. Presidency: Office and Powers
The President of the United States heads the executive branch of the federal government, which is constitutionally equal to the legislative and judicial branches. While somewhat interdependent upon the other two branches, the President is vested with strong appointive, administrative, legislative, fiscal, and international powers. Initially assisted by a personal secretary and a few functionaries to maintain the White House, the President was granted a modest expansion of his immediate staff in 1929. Ten years later, the Executive Office of the President was established, and continues to...
The Marshall Plan: Design, Accomplishments, and Relevance to the Present
Periodically, Members of Congress and others have recommended establishment of a 'Marshall Plan' for Central America, Eastern Europe, the former Soviet Union, and elsewhere. They do so largely because the original Marshall Plan, a program of U.S. assistance to Europe during the period 1948-1951, is considered by many to have been the most effective ever of U.S. foreign aid programs. An effort to prevent the economic deterioration of Europe, expansion of communism, and stagnation of world trade, the Plan sought to stimulate European production, promote adoption of policies leading to...
Bosnia Implementation Force (IFOR) and Stabilization Force (SFOR): Activities of the 104th Congress
U.S. military forces have been serving as peacekeepers in Bosnia and Herzegovina since shortly after the signing of the Dayton peace agreement in late 1995. The mission of the NATO multinational Implementation Force (IFOR) was to carry out the military provisions of the peace agreement, brokered under U.S. leadership, under a one-year mandate. In December 1996, NATO countries agreed to deploy a smaller Stabilization Force (SFOR) to succeed IFOR. SFOR will continue to deter a resumption of hostilities and lend selective support to civilian peace efforts. Other international organizations...
The Federal Agriculture Improvement and Reform Act of 1996: An Overview
This document also available in PDF Image . Faced with spring planting decisions and the prospect of having to operate farm programs under outdated, permanent agricultural statutes because of expiring provisions in the 1990 farm law, the House and Senate passed omnibus farm legislation in the early months of 1996. Following quick resolution of the House-Senate bill differences, the President signed H.R. 2854 , the Federal Agriculture Improvement and Reform Act, also called the 1996 farm bill, on April 4, 1966 ( P.L. 104-127 ). At the core of U.S. farm policy are federal programs that...
This document also available in PDF Image . The Government Performance and Results Act (GPRA) of 1993, P.L. 103-62 , encourages greater accountability, requiring agencies to set goals and use performance measures for management and budgeting. During FY1997, agencies will solicit information from stakeholders and consult with Congress to develop strategic goals, to be provided in final form to Congress in September 1997; GAO and OMB are to report in May and June 1997 (but may advance the date to March 1997) to Congress on agency readiness for full scale implementation and to recommend...
Economic Sanctions and the Former Yugoslavia: Current Status and Policy Considerations Through 1996
In November and December 1996, hundreds of thousands of demonstrators in Serbia- Montenegro (Federal Republic of Yugoslavia-FRY) rallied daily in the capital in protest of attempts by the Serbian government under President Slobodan Milosevic to annul the electoral victories of the opposition in the municipal elections. Some international policymakers have threatened the Serbian leadership with sanctions should it resort to violent means of quelling the protests. In Bosnia, violations, of lack of satisfactory compliance with, aspects of the Dayton Peace Agreement have periodically prompted...
Vietnam: Economic/Political Developments and U.S. Relations
Vietnam's experiment with economic reforms continues to outpace liberalization of its political system. The Eighth Vietnamese Party Congress, which ended on July 2, 1996, failed to resolve deep- rooted differences among the communist leadership concerning the pace and scope of economic reforms. These continuing divisions among Vietnam's top leaders likely will affect relations with the United States, including efforts to normalize commercial relations.
Cuba: U.S. Economic Sanctions Through 1996
This report first provides an overview of U.S.- Cuba relations and U.S. policy toward Cuba. It then examines the history and legislative and executive authorities of the various components of U.S. sanctions against Cuba, including aid, trade, and other restrictions through 1996. U.S.-Cuba relations deteriorated sharply in the early 1960s when Fidel Castro began to build a repressive communist dictatorship and moved his country toward close relations with the Soviet Union. Since then, U.S. policy has consisted largely of isolating Cuba through a comprehensive economic embargo. The often...
Casework in a Congressional Office
This report and its appendices present a general overview of congressional office procedures associated with handling casework and the assistance provided by a Member of Congress to help constituents in their dealings with federal agencies. It discusses options for assisting Members’ constituents and the role of Members and staff in providing casework services.
This report discusses the United Nations Framework Convention on Climate Change (FCCC) convened July 8-19, 1996, in Geneva, Switzerland.
Covert Action: An Effective Instrument of U. S. Foreign Policy?
Of all the functions of the United States Intelligence Community, covert actions tend to receive the greatest attention, even though they consume only a small proportion of intelligence budgets. They are often controversial and have on several occasions figured prominently in major political scandals. Almost inevitably, they intrude upon another country's internal affairs and can result in the loss of human life. They are by definition secret and thus do not undergo the public review and debate that is a hallmark of democratic society. Most covert actions undertaken in the four decades...
Adoption: Interethnic Placement Legislation In the 104th Congress
Legislation was enacted during the 104th Congress that is intended to promote adoption by prohibiting racial and other discrimination in adoptive placements and by establishing tax credits for adoptive parents ( P.L. 104-188 , H.R. 3448 ). These provisions are components of the Small Business Job Protection Act, which also contains provisions to increase the minimum wage. Congress earlier had included similar adoption provisions in various versions of welfare reform legislation and in a free-standing bill ( H.R. 3286 ) that also contained amendments to the Indian Child Welfare Act...
Child Abuse and Child Welfare Legislation in the 104th Congress
The 104th Congress considered -- and ultimately rejected -- proposals to replace most existing child abuse and child welfare programs with block grants to states. Child welfare block grants had been included in various versions of welfare reform, but were not part of the final legislation signed into law (the Personal Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193 ). Instead, the welfare law made relatively minor amendments to child welfare programs under the Social Security Act, and Congress subsequently passed separate legislation to reauthorize the Child...
International Monetary Fund (IMF) Gold Auctions: Current Proposal, History, and Congressional Role
The International Monetary Fund (IMF) is proposing to sell 5 million ounces of gold, equal to a little less than 5% of its total gold holdings and, at current market prices, worth about $1.9 billion. Profits from the gold sale would be used to provide debt relief to poor countries. Although the IMF now has sufficient votes to adopt the proposal, the opposition of Germany, Switzerland, and Italy has resulted in an indefinite delay. Gold sales held by the IMF between 1976 and 1980 provided substantial profits -- $5.7 billion -- which were used to establish the IMF's Trust Fund, which was...
Navy Major Shipbuilding Programs and Shipbuilders: Issues and Options for Congress
This document also available in PDF Image . Six shipyards carry out the Navy's major shipbuilding programs: Avondale Shipyards Division of New Orleans, LA; Bath Iron Works Corporation of Bath, ME; Electric Boat Corporation of Groton, CT; Ingalls Shipbuilding, Inc. of Pascagoula, MS; National Steel and Shipbuilding Co. of San Diego, CA; and Newport News Shipbuilding of Newport News, VA. These 6 yards are currently highly dependent on Navy shipbuilding programs. They are also major private employers in their home states. Under the FY1996-FY2001 Future Years Defense Plan (FYDP), major...
Chinese Proliferation of Weapons of Mass Destruction: Background and Analysis
To assist congressional deliberations, this report sets forth the background on and analysis of Chinese technology transfers suspected of contributing to the proliferation of weapons of mass destruction. For a discussion of policy options and approaches, see the related Issue Brief 92056, Chinese Proliferation of Weapons of Mass Destruction: Current Policy Issues . The issue of Chinese proliferation involves three aspects: China's support for nonproliferation efforts, China's transfers that promote proliferation, and vertical proliferation (modernization of China's WMD and missile...
Presidential Emergency Powers: The So-Called "War Powers Act of 1933"
The "War Powers Act of 1933" is a name given by some members of the militia and patriot
movement
to emergency banking legislation passed in 1933 five days after President Roosevelt came into
office. (1)
The legislation did not, in fact, have the title attributed to it. It has apparently been so labelled by
some because the banking legislation amended the "Trading with the Enemy Act of 1917" in order
to give legal underpinning to President Roosevelt's efforts to cope with the banking crisis. It is
alleged by its modern-day critics that by that amendment the government in effect declared...
Indian and Pakistani Nuclear Tests? Potential Test Ban Risks and Technical Benefits
During the negotiations on the Comprehensive Test Ban Treaty (CTBT), India blocked the draft treaty from becoming an official Conference on Disarmament document; subsequently, India and Pakistan have refused to sign the treaty. Nonetheless, entry into force requires ratification by 44 specified nations with nuclear know-how; the list includes India and Pakistan. India holds that the CTBT must be a step toward disarmament, and insists that a treaty include a commitment by the five nuclear states to eliminate their nuclear weapons by a set time. Pakistan has declined to join the treaty...
This document also available in PDF Image . Two federal statutes currently mandate that the phrase "In God We Trust" be inscribed on all U.S. coins and currency. A third statute declares the phrase to be the national motto. All of the statutes have been challenged from time to time on the grounds that they violate that part of the First Amendment which provides that "Congress shall make no law respecting an establishment of religion ...." But notwithstanding the religious affirmation embodied in the phrase, no court has held these practices to violate the establishment clause. Three...
World Health Organization: A Fact Sheet
The World Health Organization (WHO), established in 1948, is the U.N. System's authority on international public health issues. It assists governments in improving national health services and in establishing worldwide standards for foods, chemicals, and biological and pharmaceutical products. WHO concentrates on preventive rather than curative programs, including efforts to eradicate endemic and other widespread diseases, stabilize population growth, improve nutrition, sanitation, and maternal and child care. WHO works through contracts with other agencies and private voluntary organizations.
This document also available in PDF Image . The U.S. Supreme Court this term in Romer v. Evans , decided 6 to 3 that the State of Colorado violated the right of lesbians and homosexuals to Equal Protection of the Laws when it adopted, by voter referendum, Amendment 2 to the State Constitution. That amendment rescinded various state and local laws prohibiting discrimination on the basis of "homosexual, lesbian or bisexual orientation" and barred the statutory enactment of any such civil rights protection in the future. Justice Kennedy's majority opinion affirmed the judgment but not...
Europe and China -- An Emerging Relationship
Reflecting in large part European concern to become more closely linked with China's rising market, the 16-member European Union (EU) has been unusually active in the past few years in building ties with Beijing. This report briefly reviews major policy pronouncements, high-level exchanges and limited assistance programs, backed by EU-China trade flows that have more than tripled over the past decade. Prospects for increased trade and economic interchange appear good, but broader political and security interaction remains constrained by the relatively low priority Beijing assigns to...
NATO Adapts for New Missions: The Berlin Accord and Combined Joint Task Forces (CJTF)
The NATO Foreign Ministers, meeting on June 3, 1996 in Berlin, Germany, agreed in principle on significant new steps that, if implemented, would constitute a major transformation of the North Atlantic Treaty Organization's missions and methods of operation. In January 1994, NATO leaders had approved a U.S. proposal to create Combined Joint Task Force (CJTF) headquarters that would allow the allies to prepare to use their forces for a wide variety of different military scenarios. The concept had not been put into action largely because of political differences over how to create the option...
China's Rising Power: Alternative U.S. National Security Strategies -- Findings of a Seminar
Although recent development of China's wealth and power poses opportunities as well as challenges for U.S. policy, participants at a CRS seminar on dealing with China's rise focused on the challenges. China was seen as a very large, strategically located country undergoing rapid economic growth and social change, and ruled by authoritarian political leaders. Since the Maoist era, China has made great strides in conforming to many international norms, but a combination of rising Chinese power and nationalistic assertiveness has posed serious problems for: U.S. security interests in Asia;...
War Powers Resolution: A Brief Summary of Pro and Con Arguments
The War Powers Resolution, Public Law 93-148, was enacted by Congress over the veto of President Nixon on November 7, 1973. Through more than twenty-two years of experience, the resolution has remained a focus of controversy on the war powers of the President and Congress under the Constitution. (1) Major areas of controversy include the constitutionality of some provisions, the proper roles for the President and Congress in entering armed conflicts, the effect on U.S. military operations, and the effectiveness of the resolution in achieving its purpose of assuring that the collective...
Legislative Procedure for Disapproving the Renewal of China's Most-Favored-Nation Status
The continuation in effect of China's most-favored-nation status with the United States is contingent principally on the maintenance in force of the waiver of full compliance with the requirements of the freedom-of-emigration ("Jackson-Vanik") amendment of the Trade Act of 1974. Waivers and their underlying authority must be extended annually. Such extensions are automatic upon presidential recommendation, to be made by June 3, unless they are disapproved by a joint resolution of Congress. Such resolutions are enacted -- should the Congress wish to do so -- under specific...
Crop Insurance and Risk Management: Provisions in the Enacted 1996 Farm Bill
Provisions in the Federal Agriculture Improvement and Reform Act of 1996 ( P.L. 104-127 , the 1996 farm bill) make several changes to the federal crop insurance program administered by the U.S. Department of Agriculture (USDA). Under the new farm law, a producer no longer is required to acquire the minimum level of crop insurance coverage, as long as the producer waives, in writing, any eligibility for future disaster payments. It also allows USDA to continue to offer the basic level of insurance coverage in states or regions that have an insufficient number of approved private...
German Military Presence in the United States: The Case of Holloman Air Force Base
For four decades, Germany has sent pilots to the United States for training. On May 1, 1996, this bilateral military cooperation took an important step forward when Defense Secretary Perry and German Defense Minister Rühe activated the German Air Force Tactical Training Center (TTC) at Holloman Air Force Base (AFB) in New Mexico. By October 1999, the Germans plan to have 24 F-4 Phantom and 42 Tornado jets, together with roughly 900 German Air Force staff members at Holloman. The two governments praised this undertaking as another sign of their continuing, strong alliance. Many analysts...
Dairy Provisions of the Enacted 1996 Farm Bill
The Federal Agriculture Improvement and Reform Act of 1996 ( P.L. 104-127 , the enacted 1996 farm bill) contains provisions (Title I, Subtitle D, Chapter 1) that significantly modify the two major federal policy tools used to support milk markets: the dairy price support program and federal milk marketing orders. The new law reduces the level of price support under the dairy price support program in each year (1997 through 1999), until the program is terminated at the end of 1999. In return, the deficit reduction assessment paid by milk producers is eliminated almost immediately. The dairy...
NAFTA and U.S.-Mexico Cattle Trade
The North American Free Trade Agreement (NAFTA) was implemented in January 1994. Thus far, no clear pattern has emerged regarding U.S.-Mexico cattle trade: in the first year the U.S. trade deficit in cattle fell, but in the second year that deficit reached a record level. While some U.S. cattle producers blamed NAFTA for the record deficit, the underlying causes were devaluation of the peso, Mexico's economic contraction, and drought in northern Mexico. Lower U.S. cattle prices, which some also contend were the result of NAFTA, were the result of several factors including high grain prices...
Northern Ireland: Fair Employment and the MacBride Principles
This document also available in PDF Image . The conflict in Northern Ireland reflects a struggle between different national, cultural and religious identities. Many observers have identified economic development as key to fostering a lasting peace there. All major social and economic indicators show that Roman Catholics in Northern Ireland, representing roughly 42% of the population, are more disadvantaged than Protestants, comprising 56% of the population. The most persistent area of inequality has been unemployment. The differential in unemployment rates has marginally declined since...
Russia and U.S. Foreign Assistance: 1992-1996
This report, written in 1996, provides historical background that may be useful to Congress as it considers funding levels, types of programs, and problems in implementation of U.S. assistance to other countries. As defined by Congress in the FREEDOM Support Act and the pronouncements of two Administrations, among key objectives of U.S. foreign policy toward Russia are the promotion of a democratic system and a free market economy. Foreign assistance has been a prominent tool of that policy. Many factors in the United States and Russia have affected the course of the U.S. program...
Greece and Turkey: The Rocky Islet Crisis
The dispute between Greece and Turkey over the sovereignty of Imia/Kardak islet escalated rapidly because bilateral relations are hampered by historic distrust and unresolved issues, and because both countries have weak governments. Each marshalled legal arguments to support its position. The United States acted to defuse the crisis and restore the status quo ante, but some State Department comments complicated U.S.-Greek relations. In the aftermath, a politically damaged Greek government temporarily distanced itself from the United States and sought support from its European Union...
Committee Numbers, Sizes, Assignments, and Staff: Selected Historical Data
The development of today's committee system is a product of internal congressional reforms, but national forces also have played a role. This report contains data on the numbers and sizes of committees and subcommittees and on Members' assignments since 1945. This report also contains data on committee staff sizes from 1979 through 1995.
Services Trade and the Uruguay Round: An Issue Overview
The General Agreement on Trade in Services (GATS), which went into effect on January 1, 1995, is a significant achievement, but only a first step on the road to liberalization of services barriers. For the first time, legally enforceable multilateral rules and principles for services trade are part of the international trading system. At the same time, the immediate elimination or reduction of barriers to services transactions was much less than desired by many. The GATS, however, includes provisions for future negotiations to liberalize trade. The Congress will have an important...
The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms
This report reviews the 1994 assault weapons ban, which is effective for ten years on 19 types of semiautomatic assault weapons. The Act builds upon a 60-year history of federal regulation of firearms. The report also summarizes the pre-1994 federal gun control laws, analyzes the major cases relating to constitutional and statutory challenges to these laws, and reviews judicial and legislative developments since enactment of the ban.
The Flat Tax and Other Proposals: Who Will Bear the Tax Burden?
Several proposals for major reform of the Federal income tax system, including replacement of the current tax with a new type of tax, have been introduced or considered in the 104th Congress. These proposals include national sales and value added taxes, the Armey flat tax, and the Nunn-Domenici- Kerrey USA tax. Representative Gephardt has proposed a major reform of the income tax. These proposals alter the tax base, the rate structure, and the point of collection of taxes in ways that have important economic implications. The Armey flat tax, although often discussed as if it were an...
The Brady Handgun Control Act: Constitutional Issues
The Brady Handgun Control Act established a five-day waiting period for handgun purchases, during which local law enforcement can make reasonable efforts to conduct background checks in available records and block and sales to convicted felons and other disqualified persons. This report reviews the background of federal gun control legislation, analyzes the conflict in the courts over the constitutionality under the Tenth Amendment of the duties placed on local law enforcement, and considers the implications of the decisions for Brady Act enforcement.
Department of Energy Abolition? Implications for the Nuclear Weapons Program
This report considers how abolition might affect the U.S. nuclear weapons program. It provides background on the weapons program and the debate on what organization should control it; summarizes the debate over managing the program, including criticisms of DOE’s management and issues in deciding where to place the program, and presents four options for the weapons program. It considers pros and cons for each option. This report should be of value for understanding consequences of alternative organizational “homes” for the weapons program for those considering legislation to abolish DOE.
Individual Transferable Quotas in Fishery Management
This report discusses individual transferable quota (ITQ), which is an allocated privilege of landing a specified portion of the total annual fish catch in the form of quota shares.
Habitat Modification and the Endangered Species Act: The Sweet Home Decision
On June 29, 1995, the Supreme Court in a 6-3 decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon upheld the regulation of the Fish and Wildlife Service defining "harm" for purposes of the "take" prohibitions of the Endangered Species Act. (1) The regulation includes significant habitat modification within the meaning of "harm." The Sweet Home decision resolves a difference between the 9th Circuit, which had upheld the regulation, (2) and the D.C. Circuit, which had struck it down. (3) 1. U.S. No. 94-859; 1995 LEXIS 4463 2. Palila v. Hawaii...
This report, completed in June 1995, discusses the content and context of the January 1995 proposal by then-United Nations Secretary General Boutros Boutros-Ghali that U.N. Member States consider the creation of a special rapid reaction force to perform U.N. peacekeeping operations. It contains brief background information on similar proposals and a description of the current U.N. "standby forces" system. It reviews the concerns and issues raised by the Boutros-Ghali proposal, including political acceptability, financing, and the problems of force design and operation. It concludes with an...
A U.N. Rapid Reaction Force? A Discussion of the Issues and Considerations for U.S. Policymakers
U.N. Secretary-General Boutros Boutros-Ghali recently called for Member States to consider creating a special U.N. force for U.N. peacekeeping operations. In a January 1995 report he proposed that the U.N. consider establishing a "strategic reserve" rapid reaction force (RRF), perhaps of battalion-sized units, to deploy when emergency needs for peacekeeping troops arise. They would be stationed in their home countries, but would be trained to the standards, use the same operating procedures and equipment, participate in regular joint exercises, and otherwise be maintained at a high state...
Defense Budget: Alternative Measures of Costs of Military Commitments Abroad
As of Sept. 30, 1994, about 286,594 U.S. active duty military personnel were stationed overseas, including about 128,000 in European NATO countries, over 45,000 in Japan, and almost 37,000 in Korea. (1) Under current plans, the number of U.S. troops stationed ashore in Europe will decline to 100,000 by the end of FY1996, but other overseas deployments will remain stable. The Department of Defense projects that it will spend $16 billion in FY1996 to pay and operate forces permanently stationed ashore in foreign countries. (2) This $16 billion figure, however, reflects only one way of...
On May 22, 1995, the U.S. Supreme Court in U.S. Term Limits, Inc. v. Thornton (Sup. Ct. Doc. No. 93-1456) in a 5-4 decision held that Arkansas' constitutional amendment, Section 3 of Amendment 73, providing for limitations on congressional terms of office was unconstitutional in that it established an additional qualification for congressional office in violation of Article I, Sections 2 and 3 setting forth the three basic qualifications of age, citizenship and inhabitancy for Members of Congress. The Court affirmed the 1994 decision of the Arkansas Supreme Court which had ruled that...
Conventional Arms Transfers: President Clinton's Policy Directive
This report details and analyzes President Clinton's Conventional Arms Transfer Policy as embodied in Presidential Decision Directive 34 (PDD-34), released on February 17, 1995. It reviews in depth the content of the President's policy directive, some implications of that directive for U.S. arms transfer policy and practice, and provides an appendix providing the key elements of PDD-34, as released by the White House in February 1995. This report will not be updated unless there is a notable change in the President's arms transfer policy.
Biological Diversity Treaty: Fact Sheet
As human activity continues to change and modify natural areas, widespread extinctions of plants, animals, and other types of species result. Many scientists believe that such extinctions are currently occurring at the fastest rate in human history. Consequences for human welfare include loss of species needed for revitalization of food crops, future medicines, new crops, and loss of ecosystems that regulate rainfall cycles, control flooding, filter out water pollutants, and affect basic systems such as climate. In 1992, negotiations conducted under the auspices of the United Nations...
Haiti: Efforts to Restore President Aristide, 1991-1994
The overthrow of Haiti's first democratically elected president in September 1991 propelled Haiti into its worst crisis since protests brought down the 29-year dictatorship of the Duvalier family in 1986. The leaders of the coup faced stronger international sanctions than did previous coup leaders in Haiti, largely because a democratic government was overthrown. For more than three years, the regime resisted international demands that President Jean-Bertrand Aristide be restored to office. U.S. policy consisted of pressuring the de facto Haitian government to restore constitutional...
U.N. Development Program: A Fact Sheet
The U.N. Development Program (UNDP), established in 1966 by the U.N. General Assembly, coordinates and provides funding for most U.N. development assistance programs. In FY1994, the U.S. contribution of $116 million made the United States the largest donor, comprising about 12 percent of the agency's budget. The Administration supports a strong U.S. role and financial contribution to the UNDP. Some Members of Congress, however, argue that UNDP programs are unfocused and duplicative.
The National Guard, State Defense Forces, And the Militias: Official and Unofficial Status
Speculation about ties between suspects in the Oklahoma City Federal Building bombing and "state militias" have raised concern over what these militias are and from where they derive their authority, if any.
Intelligence Implications of the Military Technical Revolution
This document also available in PDF Image . The availability of precision guided munitions (PGMs) and precise intelligence transmitted in "real time" lies at the center of a military technical revolution that is changing the ways in which future military operations are likely to be planned and conducted. This revolution requires changes in the functions and organization of the U.S. Intelligence Community. During the decades of the Cold War, intelligence agencies were organized around collection disciplines, e.g., signals intelligence, photographic intelligence, and human...
Military Retirement and Veterans' Compensation: Concurrent Receipt Issues
Military retirees with disabilities incurred during their military service may receive military retired pay from the Department of Defense (DOD) and may be eligible for veterans' disability compensation from the Department of Veterans' Affairs (VA). However, current law requires that military retired pay be reduced by the amount of the veterans' benefits. Some military retirees have sought a change in law to permit concurrent receipt of both military nondisability retired pay (retired pay computed solely on the basis of length of service after a military career) and veterans' compensation...
Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry
This report provides an overview of some of the more common legal, procedural, and practical issues, questions and problems that committees have faced in the courts of an oversight investigation.
The GATT and the WTO: An Overview
Under the auspices of the General Agreement on Tariffs and Trade (GATT), eight rounds of trade negotiations lowered tariffs of developed countries to an average 3.9 percent. New areas, such as services, intellectual property rights, agriculture, and textiles and apparel, were brought under the discipline of the GATT for the first time in the Uruguay Round. The World Trade Organization (WTO), a permanent entity agreed on during the Uruguay Round, went into effect January 1, 1995. Multilateral trade issues for the future include continuing services negotiations, the relationship of...
Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues
This report examines the historical, legal, and constitutional arguments for and against an individual right to bear firearms under the Second Amendment of the Constitution. Those who favor federal gun control laws tend to assert that the Second Amendment has been correctly interpreted by the courts to confer only a collective right, which may be exercised through state militias. Those who oppose gun control laws tend to assert that the Second Amendment should be interpreted to grant an individual right to bear arms for lawful purposes, subject to appropriately minimal restrictions.
Committee System: Rules Changes in the House, 104th Congress
The election of a Republican majority in the House for the first time in 40 years brought extensive change to the committee system. Many of the changes were previously recommended by the Republican members of the Joint Committee on the Organization of Congress which reported during the 103d Congress, but on which no action was taken. Others have traditionally been included in the Republican alternative to the Democratic rules package adopted on the opening day of a new Congress. Still others were part of the Contract with America. This fact sheet details changes in the committee system...
The Former Soviet Union and U.S. Foreign Aid: Implementing the Assistance Program, 1992-1994
This report, written in 1995, provides historical background that may be useful to Congress as it considers funding levels, types of programs, and problems in implementation of U.S. assistance to other countries. In FY1994, the new states of the former Soviet Union (FSU) collectively became the second largest recipient of U.S. foreign assistance made available from all sources, reflecting the exceptional importance attached by the U.S. Government to the region. Whether and how the assistance program is helping to bring about democratic systems and free market economies is increasingly a...
Post Employment, "Revolving Door," Restrictions for Legislative Branch Members and Employees
This report provides a brief discussion of the post-employment restrictions, often called "revolving door" laws, that are applicable to members, officers, and employees of Congress after they leave congressional service or employment.
Implementing Acid Rain Legislation
This report discusses the broad-ranging provisions in Title IV of The Clean Air Act Amendments of 1990 (P.L. 101-549), which raise myriad implementation issues, particularly with respect to the system of tradable "allowances."
NATO: Origins of the Enlargement Debate in Central Europe
At the December 1994 NATO Ministerial meeting, the Clinton Administration will propose that the allies begin to draw criteria for possible new members. Poland, the Czech Republic, Slovakia, Hungary, and Slovenia are the likely initial candidates. Russia is not under consideration. Proponents of NATO expansion, or "enlargement," believe that it could serve to stabilize Central European states seeking to build democracies and free-market economies; promote U.S. investment and trade in the region; lend stability to the whole of Europe; and serve to contain Russia, should it become...
Legislative Prayer and School Prayer: The Constitutional Difference
The Supreme Court has held government-sponsored prayer in the public schools to violate the establishment of religion clause of the First Amendment. In contrast, it has held clergy-led prayer in legislative assemblies such as the Congress and the State legislatures to be constitutionally permitted. Because both situations involve government sponsorship of prayer, these rulings are sometimes said to be contradictory. The Court, however, has drawn significant factual and legal distinctions between the two situations. Nonetheless, it remains true that the contrary decisions reflect different...
Cuba-U.S. Relations: Should the United States Reexamine Its Policy?
This document also available in PDF Image . The recent exodus of Cubans seeking to reach the United States has prompted many observers, including some Members of Congress, to call for a post-Cold War reexamination of U.S. policy toward Cuba. Some are calling for a moderation of U.S. policy toward Cuba, with policy approaches ranging from a strategy of so-called "constructive engagement" to a strategy of "relative normalization." This report outlines the current U.S. policy approach toward Cuba and discusses the option of moderating policy and what this might entail; it then examines the...
Radio and Television Broadcasting to Cuba: Background and Issues Through 1994
Radio Marti first began broadcasting to Cuba in 1985 while TV Marti began broadcasting in 1990. Both programs are within the Office of Cuba Broadcasting, United States Information Agency (USIA). Almost since the beginning, U.S. government broadcasting to Cuba has been controversial. Supporters say a source of news independent of the Cuban government is important, especially in the post-Cold War climate. They say there is less print and broadcast media available now to Cubans than ever before. Critics of U.S. government broadcasting in Cuba say it has too much Cuban- American focus, and...
This report provides an analysis of S. 2230, the Indian Gaming Regulatory Act Amendments of 1994 introduced June 23, 1994, to amend the Indian Gaming Regulatory Act. It includes sections on stated purposes, enhanced powers of the National Indian Gaming Commission, proposed tribal-state compacting process, modifications of current law with respect to class II gaming, modification of current law with respect to class III gaming, and miscellaneous amendments.
NATO's Partnership for Peace program seeks to encourage eligible states, above all the states of the former Warsaw Pact and the former Soviet Union, to build democracy and undertake greater responsibilities in international security. The program could open the door to, but does not promise, NATO membership. U.S. and NATO relations with Russia are likely to be the determining factor in deciding whether states move from Partnership to NATO membership. The Partnership program, established at NATO's summit of January 10-11, 1994, does not extend the Alliance's mutual security commitment to...
Defense Burdensharing: Is Japan's Host Nation Support a Model for Other Allies?
This document also available in PDF Image . Under an agreement announced in January 1991, the Government of Japan committed itself to increase substantially the amount of support that it provides for U.S. military forces based there. Among other things, Japan agreed by 1995 to absorb 100 percent of the cost of Japanese nationals employed at U.S. military facilities and to pay for all utilities supplied to U.S. bases, to increase the amount of military and family housing construction that it is providing to support U.S. forces, to continue to provide facilities at no charge to the...
The U.S. Occupation of Haiti, 1915-1934
In 1915, the United States undertook a military occupation of Haiti to preempt any European intervention, to establish order out of civil strife, and to stabilize Haitian finances. During the nineteen-year occupation, U.S. military and civilian officials, numbering less than 2,500 for the most part, supervised the collection of taxes and the disbursement of revenues, maintained public order, and initiated a program of public works. The Haitian government remained in place, but was subject to U.S. guidance. The Haitian people benefitted from the end of endemic political violence and...
Special Elections and Membership Changes in the 103d Congress, First Session
This report provides information on membership changes in the first session of the 103d Congress through special elections for vacancies in the House of Representatives and appointments and special elections for vacancies in the Senate .
Selected Interior and Related Agencies Budget Requests for I T 1995
This report reviews the FY 1995 budget request of the Department of the Interior with brief analyses of the budget requests of selected agencies within the department that principally are involved in natural resources programs or activities. This report also provides an overview of the mission of the Department of the Interior, its organization, and its major budget initiatives for FY 1995 .
Trade and Environment: GATT and NAFTA
Environmental concerns in trade negotiations have received extensive attention by policymakers both with regard to the General Agreement on Tariffs and Trade (GATT) and to the North American Free Trade Agreement (NAFTA). At the conclusion of the NAFTA, environmental concerns were addressed both within the agreement and in side agreements that were critical to passage of NAFTA implementing legislation in the United States. Similarly, although not initially expected to address environment, the GATT Uruguay Round agreement contains a number of provisions advocated by environmental groups....
Cigarette Taxes to Fund Health Care Reform: An Economic Analysis
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A cigarette excise tax increase of 75 cents per pack has been proposed to finance part of the President's universal health care program. The tax enjoys considerable public support, would raise about $11 billion per year, and would be relatively simple to administer because it would increase an existing manufacturer's excise tax. The President's fiscal year 1995 budget stressed that the tax would help pay for the additional health care costs of smoking, and would discourage individuals, particularly young people, from smoking.
This report...
Market-Based Environmental Management: Issues in Implementation
The acid rain title of the 1990 Clean Air Act Amendments authorizes the first nationwide system for trading the regional location and method of pollution control. This market-type mechanism, if successfully implemented, could reduce the cost of compliance of meeting new limits on sulfur dioxide emissions, the main precursor of acid rain. Successful passage of the sulfur dioxide trading mechanism has invigorated efforts to add similar mechanisms to the regulatory regimes for other environmental management areas. Limitations of current regulatory approaches, complexity of remaining and...
Haiti: Background to the 1991 Overthrow of President Aristide
The overthrow of Haiti's first democratically elected president in September 1991 propelled Haiti into its worst crisis since popular protests brought down the 29-year dictatorship of the Duvalier family in 1986. Father Jean-Bertrand Aristide was elected President of Haiti in a landslide victory on December 16, 1990, in what was widely heralded as the first free and fair election in the country's 186-year history. A Catholic priest of the radical left, he was inaugurated on February 7, 1991, and overthrown by the military on September 30. Politics in Haiti have been generally violent and...
On August 27, 1993, Israel and the Palestinians announced that Israeli Foreign Minister Shimon Peres and Palestinian Liberation Organization (PLO) official Mahmoud Abbas (also known as Abu Mazen) had initialed a landmark agreement on August 19 in Oslo, Norway on a Declaration of Principles on interim self-government for the West Bank and Gaza Strip. On September 9, PLO Chairman Yasser Arafat and Israeli Prime Minister Yitzhak Rabin exchanged letters of unprecedented mutual recognition. On September 10, President Clinton welcomed the agreement, thanked Congress for its support, and...
Biotechnology, Indigenous Peoples, and Intellectual Property Rights
This report examines intellectual property right in pharmaceuticals in a particular context, namely, medicinal products and processes derived from the biodiversity resources of areas inhabited by indigenous peoples. This report discusses the international law regarding intellectual property rights in traditional knowledge and the American laws regarding traditional knowledge.
Plant Closings, Mass Layoffs, and Worker Dislocations: Data Issues
For at least 15 years Members of Congress have continued to ask: How many U.S. manufacturing plants have closed? For at least 15 years they have continued to ask: How many U.S. manufacturing plants have relocated abroad, and where have they gone? For at least 15 years the answer has been: For the most part, those questions can't be answered, based on Government data. How many plants are moving to Mexico? What industries and what States are the plants from? How many U.S. workers are losing their jobs as a result? It appears that still, after two legislative attempts to mandate collection...
President Bush's Judicial Nominations During the 101st and 102nd Congresses
There are ten categories of courts (including the local courts of the District of Columbia) to which the President nominates judges. The report provides background and statistics concerning President Bush's judicial nominations in each court category as well as actions taken on those nominations by the United States Senate. Each of the report's ten sections discusses the composition and jurisdiction of the court in question and notes the committee to which nominations to this court were referred when received by the Senate. Also, statistics on judicial nominations received by the Senate...
The Endangered Species Act and Private Property: A Legal Primer
If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution. The first type of possible impact occurs when the ESA directly bars an activity on private land because it might adversely affect an...
Medicaid: Recent Trends in Beneficiaries and Spending
This report discusses medicaid and recent trend is beneficiaries and spending.
Basic Questions on U.S. Citizenship and Naturalization
This report answers the following questions: Who is a United States citizen at birth? How does one become a naturalized citizen? Must citizens take loyalty oaths? What is the required period of residency prior to being eligible for citizenship? Is a citizenship revocable? If so, under what circumstances? Finally, are there provisions for dual citizenship? If so, under what circumstances?
Women have become an integral part of the armed forces, but they are excluded from most combat jobs. Several issues remain. One is whether to reduce, maintain, or expand the number of women in the services as the total forces are being reduced. A second question is to what extent women should continue to be excluded from some combat positions by policy. Would national security be jeopardized or enhanced by increasing reliance on women in the armed forces? Should women have equal opportunities and responsibilities in national defense? Or do role and physical differences between the sexes,...
Iraq-Kuwait: U.N. Security Council Resolutions Texts and Votes -- 1991
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The United Nations Security Council has adopted seven resolutions in 1991 on the Iraq-Kuwait crisis since the war ended. These resolutions provide for a cessation of hostilities (S/RES/ 686 (1991)); a comprehensive cease-fire (S/RES/687 (1991)); the plight of the Iraqi civilian population (S/RES/688 (1991)); establishment of the U.N. Iraq-Kuwait Observation Mission (UNIKOM -- S/RES/689 (1991)); establishment of the U.N. Compensation Fund and Compensation Commission (S/RES/692 (1991)); Iraqi liability for the destruction or removal of weapons...
Desert Shield and Desert Storm Implications for Future U.S. Force Requirements
This preliminary assessment summarizes U.S. Army, Navy, Air Force, and Marine Corps performances during recent war, then relates it to past experience and potential threats in ways that might help decisionmakers determine the most suitable characteristics of U.S. armed forces for the rest of this decade.
The Fair Labor Standards Act: Changes Made by the 101st Congress and Their Implications
Initially, in the 101st Congress, a measure to increase federal minimum wage (and to make numerous other changes in the FLSA) was passed by both the House and the Senate but, in June 1989, it was vetoed by President Bush. An effort by the House to override the President's veto was unsuccessful. Later, new legislation was introduced and approved both by the House and the Senate. On November 17, 1989, President Bush signed the bill (P.L. 101-107).
Iraq-Kuwait: U.N. Security Council Resolutions Texts and Votes -- 1990
This document also available in PDF Image . The United Nations Security Council has adopted ten resolutions on the Iraq-Kuwait crisis. The texts of those resolutions, along with the votes by members of the Council, are included in this report.
Iraq-Kuwait: U.N. Security Council Resolutions -- Texts and Votes
The Iraqi invasion of Kuwait on August 1-2, 1990, set into motion a series of actions by the United Nations Security Council. Between August 2 and December 4, 1990, the Council adopted 12 resolutions. The numbers and votes of those resolutions are listed and the full text of each resolution is included in the this report.
Enforcement of Environmental Laws at Federal Facilities: Legal Issues
In recent years, EPA and State enforce have stepped up efforts to force compliance by Federal facilities with environmental laws. Such efforts raise delicate issues in the case of EPA as to when one Federal agency can coerce another, and in the case of States as to the balance of power between States and the United States.
Almost all the major Federal environmental statutes contain "Federal facilities provisions" stating unequivocally that Federal facilities are subject to Federal, State, and local environmental requirements just as nongovernmental entities. The issue, then, has not...
Fish and Wildlife Service: Compensation to Local Governments
The Refuge Revenue Sharing Fund (RRSF) was enacted in response to the concern of local governments regarding losses to their tax base due to the presence of federally owned land under the jurisdiction of the Fish and Wildlife Service. This report outlines recent history of RRSF payment levels. It examines the RRSF and describes how the fund differs in its treatment of reserved and acquired lands under the jurisdiction of FWS. The report also examines the Payment in Lieu of Taxes (PILT) program in detail.
At the present time, there are no binding rules of evidence or set of evidentiary principles to be applied in Senate impeachment trials. Rather, recourse is taken to the evidentiary rules and principles applicable in contemporaneous court proceedings and to precedents from past impeachment trial to provide guidance for Senate Impeachment Trial Committees or for the full Senate on evidentiary questions which arise in the impeachment context. This report compiles evidentiary precedents from the Senate impeachment trials of Judges Harry E. Claiborne, Halsted Ritter, Harold Louderback, and...
Financial Crises of the 1970s and 1980s: Causes, Developments, and Government Responses
This document also available in PDF Image . Financial panics have emerged over the last two decades as irregular, yet continuing, disturbances in the economy. Virtually all of them have involved the banking system, so that the Federal Reserve has often acted as lender of last resort to contain the damage. The Federal Government has often performed direct damage control through congressional initiatives: public laws. In yet other cases, the private sector has largely recovered by itself. With increasing volatility of financial markets, Congress may have to focus more attention...
The Home Dish Market: H.R. 2848 (100th Congress) and The Copyright Liability of Satellite Carriers
The number of home satellite dishes in operation in the United States has grown from an estimated 5,000 in 1980 to approximately 2 million today. One of the features which has led to this popularity is the ability of the satellite dish to provide a wide variety of programming at no extra cost, through the unauthorized direct reception of satellite transmitted television broadcast and cable programming. In recent years, however, program owners have increasingly turned toward encryption (scrambling) to prevent the unauthorized use of their signals. As a result, a new category of program...
How to prevent the non-medical use of dependency-producing drugs has been a public policy concern for at least a century. A large part of the responsibility for controlling such substances has been assumed by the Federal Government. Historically based on decision to restrict availability through a system of close regulation, including selective prohibition, the current Federal anti-drugs strategy lives on activities and programs in five major areas: 1) regulation and other “enforcement” efforts; 2) support for international control and for control efforts of individual drug-producing and...
Civil Rights Legislation: Responses to Grove City College v. Bell
This report discusses how broad should the coverage of Federal civil rights laws be? This was the central issue in the debate over legislation introduced in response to the February 1984 U.S. Supreme Court decision in Grove City College v. Bell.
Federal Elementary and Secondary Education Programs: Reauthorization Issues
This report discusses the reauthorization of most Federal elementary and secondary education programs, which the 100th Congress is currently considering, as well as the creation of several new programs. Issues have included: (1) Federal versus ~tate/local priorities in the use of funds; (2) use of formula grants or competitive grants to allocate funds; (3) services for eligible nonpublic school children; (4) relationship between Federal programs and State-level school reform activities; and (5) information about programs and participants for the Congress.
Education Proposals in Trade Competitiveness Legislation
Improvement on America's competitive position in international trade is one of the major issues confronting the 100th Congress. Most legislative proposals have included provisions for increasing the funding levels for Federal education programs, expanding current programs, or authorizing new programs. The primary goal is to improve the productivity of the Nation's workers by raising the skill level of the workforce. Discussions about education's role i n addressing the competitiveness issue have included the contribution of education to productivity growth, comparisons of the educational...
Civil Rights Restoration Act: Bibliography-in-Brief, 1984-1988
This bibliography includes references to magazine articles, monographs, and congressional documents which discuss civil rights legislation following 1984 Supreme Court decision in Grove City v. Bell which ruled title IX applies only to the specific program receiving federal financial assistance.
Education Funding Issues for FY89
Congress considers annually the funding level for all programs administered by U.S. Department of Education (ED). The debate in this process has focused on how much the Federal Government should spend on education , and what, if any, program changes might be necessary to achieve these levels.
This issue brief analyzes six areas in which Federal policies to address the educational system's current needs are being fashioned (1) services for disadvantaged youth, (2) the financing of post-secondary education, ( 3 ) the level of Federal appropriations for education, ( 4 ) responses to adult illiteracy, (5) international economic competitiveness, and (6) the role of vocational education.
Family Planning: Title X of the Public Health Service Act
This report discusses Title X of the Public Health Service Act provides support for family planning clinics, research related to family planning and population, training of family planning personnel, and development and dissemination of family planning information.
This report discusses the many difficult policy dilemmas associated with the AIDS epidemic, including past Congressional funding to support AIDS research and education efforts, strategies for controlling the spread of the AIDS virus, and methods and resources available for the care and treatment of persons with AIDS.
In 1973, the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy (Roe v. Wade), and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision (Doe v. Bolton). However, the issue of a woman's right to an abortion is far from settled. This report discusses the various legislative actions undertaken since 1973 to either nullify these rulings or hinder their effectuation.
This report lists the candidates that have withdrawn from the 1988 Presidential race.
This report discusses the civil rights restoration act, S. 557, as it passed the House and Senate. This provision would most likely be interpreted as codifying the existing standards relating to section 504 interpretation concerning discrimination against individuals with handicaps.
In 1973 the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder...
The Civil Rights Restoration Act of 1987: Legal Analysis of S.557
The Senate i n January 1988 passed S. 557 with amendments to “restore the...broad institution – wide application" of certain federal civil rights laws in the wake of t h e U.S. Supreme Court ruling in Grove City College v. Bell . This report discusses the background and contents of this legislation.
Delegate Totals and Dates for Presidential Primaries and Caucuses, 1988
This report provides the 1988 Democratic and Republican delegate totals and the calendar of Presidential primaries and caucuses, by State. The information is presented in four separate calendars: alphabetically by State; chronologically by primary or caucus date; and separately for each party, arranged i n State order.
Acquired Immune Deficiency Syndrome and Military Manpower Policy
This issue brief will discuss issues dealing with military manpower policy and the AIDS virus, including the level of the AIDS infection or HIV infection rates in the military; efforts to control the spread of AIDS to and among military personnel; and AIDS in the context of military personnel stationed overseas.
The Labor Market of the 1980s: Unemployment Omens in a Growing Economy
This report provides discussion over the nature of job growth, the labor market of the 1980s, and the skill and pay ladder.
AIDS: International Problems and Issues
This issue brief discusses the AIDS (Acquired Immune Deficiency Syndrome) virus and its effects on the world, especially with regard to the welfare of developing nations and various facets of general international relations. Also discussed are the related issues for Congress and U.S. contributions to international AIDS relief efforts led by the World Health Organization (WHO).
Animal Use in Research: Bibliography-in-Brief, 1985-87
This bibliography deals with ethical and practical aspects of the use of animals in research and testing. It touches on animal right and some cases of practical alternatives to animal use.
Congress and Foreign Policy: Selected References
This spreading list presents literature on the role of Congress in the conduct of foreign relations. Citations include such topics as the relationship between Congress and the executive, role of committees, and the impact of foreign policy decisions. The focus is on the current literature, but older materials are included to provide historical background on this topic.
The Just War in Certain Religious Traditions: Christianity; Judaism; Islam; and Buddhism
This document also available in PDF Image . This report summarizes significant elements of the Just War tradition, distinguished from the Holy War, in four major religions: Christianity, Catholic and Protestant; Judaism; Islam; and Buddhism. The development of criteria to determine whether a war is just in its cause and to set limits for the waging of such a war is traced from its roots in classical Greek and Roman thought to its fuller elaboration through over 1,000 years of Christian history from St. Augustine to the 17th century. The shaping of Just War tradition in the context of...
The Iran-Iraq War: Implications for U.S. Policy
This report discusses the Iran-Iraq conflict at its present state, which has become a war of attrition with neither side capable of achieving a decisive military victory over the other in the short term. U.S. policy concerns currently are threefold: first, that Iraq, despite moves to sustain its economic and military capacities, ultimately might suffer a destabilizing defeat to the detriment of U.S. interests in the Persian Gulf region; second, that future instability in Iran could open opportunities for Soviet exploitation; and third, that the conflict might expand beyond its present...
Amendments to the Constitution to provide equality of rights for women have been reintroduced in every Congress from the 67th i n 1923 to the 100th in 1987. Also proposed in recent years, although not to date in the 100th Congress, has been legislation to improve women's rights without amending the Constitution: a statue to forbid enforcement of a classification based on sex -- except where necessary to achieve a “compelling state interest, " and a measure providing for selective revision of existing Federal laws that discriminate on the basis of sex.
Gramm-Rudman-Hollings: Potential Economic Effects of Meeting Deficit Targets
This report discusses the reduction of federal budget deficit and the effect on the rise of interest rates.
Catastrophic Health Insurance: Medicare
Catastrophic medical costs are broadly defined as large unpredictable health care expenses; these are usually associated with a major illness or serious injury. The absence of catastrophic health insurance protection for the elderly is the subject of concern in this report.
Aviation Safety: FAA Near Midair Collision Reports
This report discusses the minimum separation distance in a near midair collision report which the event must meet in order to be classified a "near miss." If a pilot of flight crew member subjectively believes that the near miss occurred, the report of that event is accepted by the Federal Aviation Administration (FAA) and counts as a near miss in the FAA data base regardless of the actual separation distance. While no proximity limits are placed on near midair collision reports, the agency does attempt to categorize each reported encounter by degree of hazard represented from an aviation...
Catastrophic Health Insurance: Comparison of the Major Provisions of the “Medicare Catastrophic Protection Act of 1987” (H.R. 2470, as passed by t h e House July 22, 1987) and the "MEDICARE CATASTROPHIC LOSS PREVENTION ACT OF 1987" (S. 1127, as reported by the S e n a t e Finance Committee, July 27, 1987)
Bank Failures: Recent Trends and Policy Options
During the 1980s the U.S. banking industry has experienced a rapidly growing number of failures. Many factors have contributed to this trend including deregulation, technology, individual bank management, and economic conditions. The Federal Deposit Insurance Corporation (FDIC) handles insured bank failures. Congress has been monitoring the recent trend and is concerned with the FDIC’s ability to continue to perform its supervisory and insurance operations. The present situation, information on key factors affecting the banking industry, and the FDIC’s role when a bank fails is discussed...
Glass-Steagall Act: Commercial vs. Investment Banking
This report discusses debate over reform of the Nation's financial structure in the 100th Congress includes re-examination of "the separation of banking and commerce." This separation was mandated by the Glass-Steagall Act (part
of the Banking Act of 1933); and was carried forward into the Bank Holding Company Act of 1956, as amended in 1970 and thereafter. The resulting isolation of banking from securities was designed to (1) maintain the integrity of the banking system; (2) prevent self-dealing and other financial abuses; and (3) limit stock market speculation. By half a century later,...
This report discusses payments for physicians services under Medicare that are made on the basis of a fee schedule.
Federal Drug Control: President's Budget Request for Fiscal Year 1988
This report discusses the President's FY1988 budget, focusing on the $3 billion set aside for Federal programs to control or prevent the use of narcotics and other dangerous drugs. The report includes various key documents illustrating the positions taken by Congressional critics of the request as well as the Administration's defenses. Finally, for a longer term perspective, there are graphs and a table showing drug budget trends since FY 1981.
The Liability Insurance Crisis
This report discusses liability insurance crisis, including complaints from businesses, professionals , and municipalities as well threat of lawsuits.
The Liability Insurance Controversy
This report discusses liability insurance, as the primary method of managing business related risks that has been recognized as one of the foundations of American commerce.
Exchange Rates: The Dollar in International Markets
Mainstream economic theory suggests that U.S. budget deficit was the main cause of the dollar appreciation between 1980 and early 1985. The high budget deficit forced the U.S. Government to compete against the private sector for available savings, raising interest rates in the United States. In response, net capital inflows to the United States increased, the demand for dollars on the foreign exchange market went up, and the dollar appreciated. Restrictive budgets and loose monetary policies abroad, both of which kept interest rates low abroad, also contributed to the dollar’s appreciation...
This report provides background and examines key questions in regards to the shipments of arms to Iran and the subsequent diversion of funds to Nicaraguan guerrillas by the Reagan Administration.
Honduras: U.S. Foreign Assistance Facts
This report provides basic information on the U.S. aid program and on the general situation in Honduras. It also outlines major issues that have arisen in the aid debate.
Costa Rica: U.S. Foreign Assistance Facts
This issue brief provides basic information on the U.S. aid program and on the general situation in Costa Rica. It is one in a series on U.S. assistance to key countries.
Guatemala: U.S. Foreign Assistance Facts
In the past three years, the Administration has moved to substantially increase U.S. aid levels for Guatemala from $18.3 million in FY84 to a proposed $149.7 million in FY88. Budgetary limits on the overall size of the U.S. foreign aid program may cause reductions in the proposed 1988 levels, however, independent of any choices related to the Guatemalan, situation. This issue brief provides basic information on the U.S. aid program and on the general situation in Guatemala. It also outlines major issues that have arisen in the aid debate.
Manual on the Federal Budget Process
The purpose of this manual is to assist users of Federal budget information in understanding how the process works and how data are to be interpreted.
Iran-Contra Affair: Biographical Profiles
This report provides biographical information on individuals who have been associated in public reports with the controversy surrounding the secret U.S. arms sales to Iran and the channeling of profits to the rebels or Contras in Nicaragua. The information has been compiled from public sources.
This report summarizes and analyzes on a conceptual basis the 108 bills and major amendments offered in the 98th and 99th Congresses which proposed changes in the campaign finance laws governing Federal elections.
Campaign Financing in Federal Elections: A Guide to the Law and Its Operation
This report provides an introduction to the laws governing the financing of Federal election campaigns and presents data on campaign finance activity in the 1980’s.
Eighteen Questions and Answers About the World Bank
This paper provides background information about World Bank borrowing and lending activities and about U.S. participation in the Bank. Among other matters, it discusses where the World Bank borrows its funds, the amounts contributed by the United States and other countries, and changes i n World Bank priorities and loan policy.
The report explains briefly the major features of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), commonly referred to as the Gramm-Rudman-Hollings Act. Following a short overview of the deficit reduction process, the report outlines the deficit control timetable for each of fiscal years 1987-1991, and the accelerated timetable for fiscal year 1986, describes the procedures for eliminating excess deficits, discusses how to compute the required spending reductions, and summarizes the sequestration of funds for fiscal year 1986. The report also identifies...
This report contains summaries of enactments, treaties, and reorganization plans, passed from 1961 through 1985, that have some clearly indicated relationship-- either by specific reference or by virtue of legislative history--to the Federal effort to prevent drug misuse through control of the supply of narcotics and other dangerous drugs.
Drunk Driving and the National Driver Register
At the 0.08 BAC level of alcohol, braking, steering, lane changing, and judgment are degraded and the driving performance of virtually all drivers is substantially impaired. During the debate on reauthorization of the federal surface transportation programs, an amendment that would require each state either to enact a 0.08 BAC law or face the loss of a portion of its Federal Highway Trust Fund monies passed the Senate and will likely be considered in the House. This proposal raises questions about the effectiveness and impacts of a 0.08 BAC law, the rights of states versus the federal...
The Balanced Budget Proposal: Some Macroeconomic Implications
This brief report outlines some possible macroeconomic implications of observing a statutory or constitutional commitment to balance the Federal budget. It does not address the legal questions about the proposal or their implementation, nor the economic and political questions related to decisions about the level of Federal revenues or expenditures. On the latter, its analysis refers to revenue and expenditure levels, in relation to total national product, typical of recent years.
Advertising of Alcoholic Beverages: Should a Radio and TV Ban be Imposed?
This issue brief discusses the ongoing debate centered around television and radio advertising of alcoholic beverages, especially as it relates to the possible negative influence on the drinking habits of minors.
World Bank Legislation Before the 99th Congress
The 99th Congress has before it several proposals to authorize additional U.S. contributions to multilateral development banks. These include potential subscriptions or contributions to the International Bank for Reconstruction and Development (IBRD), the International Finance Corporation (IFC), the African Development Fund (AFDF), and the special African aid facility of the International Development Association (IDA). There is no legislation now before Congress to authorize new contributions to the International Monetary Fund (IMF), the regular budget of the IDA, or any of the other...
The Convention on the Prevention and Punishment of the Crime of Genocide has been a matter of pending business before the Senate since its transmittal to that body in 1949. On May 21, 1985, the Senate Foreign Relations Committee recommended that the Senate give its advice and consent to ratification of the Convention subject to eight conditions: two reservations, five understandings, and one declaration. This report examines the differing opinions on whether and under what conditions the Senate should approve ratification of the Genocide Convention.
Conrail: Sell to Norfolk Southern Corporation or Sell to a Group of Investors?
This issue brief discusses that possible forthcoming sale of a large, federally-owned railroad to the holding company of one of the Nation's largest railroads, or sale to a group of investors for later sale to the public through a stock offering.
Education in America: Reports on Its Condition, Recommendations for Change
The quality of education in our schools, particularly our high schools, and appropriate Federal actions to improve educational quality have become a major political issue. A number of reports on education with recommendations for change have been issued, among them A Nation At Risk by the National Commission on Excellence in Education. These reports are critical of how our Schools are functioning and call for improvement in areas such as teaching, curriculum, and standards for student performance and behavior. Some issues raised by these reports are whether these changes are needed, how...
Budget Deficits: Causes, Effects and Some Remedial Options
In 1981 Congress enacted extensive changes in taxing and spending policies that supporters of these changes expected to generate sufficient revenues, despite a series of tax rate cuts, to balance the budget by FY84. After the onset of recession in early 1982, however, the Reagan Administration's projections showed widening budget deficits, which culminated in an actual FY83 deficit of $195.4 billion. Despite enactment of the Tax Equity and Fiscal Responsibility Act of 1982, and, more recently, the Deficit Reduction Act of 1984, large deficits are expected to persist, even under continued...
The Case for and Against an Import Surcharge
The United States is now running a deficit of over $100 billion in its foreign trade and the Federal budget is in the red by roughly $200 billion. To deal with these two deficits, Congress is considering a temporary import surcharge. This brief examines the case for and against such a surcharge as well as its use against Japan.
This report discusses the artificial sweeteners have been a source of controversy in the U.S. for over 73 years. One of the factors driving these issues has been an interplay of a large consumer demand for low calorie sweeteners and controversy concerning certain safety standards set forth in the Food, Drug and Cosmetic Act (FDCA.
Alleged Fraud, Waste and, and Abuse: General Dynamics Corp.
Numerous Federal agencies -- including the Justice Department and Congressional committees -- are investigating allegations of fraud at the Electric Boat Division of General Dynamics Corporation, the nation's third largest defense contractor. This issue brief provides a chronological summary, based on newspaper and magazine accounts, of each of these investigations.
Constitutional Conventions: Political and Legal Questions
This report discusses the applications that have been passed by 32 of the necessary 34 State legislatures to convene a convention to propose an amendment prohibiting abortion. Because this process for amending the Constitution has never been used, several unresolved legal and policy questions arise governing the convening and the authority of such a convention.
Ethiopian Food Situation: International Response
The United States has donated the largest share of the world-wide relief effort. Members of Congress nave passed legislation, the African Famine Relief and Recovery Act of 1985 (2.L. 99-8), authorizing emergency relief assistance to Ethiopia and other famine-stricken countries. Some observers favor trying to remove restrictions that prohibit long-term agricultural development assistance and other forms of economic aid to Ethiopia, but many continue to believe that aid to this Marxist-oriented nation should be limited to humanitarian relief. The Ethiopian food situation will probably remain...
This report presents the issues discussed by Congress in regard to Conrail’s sale. In examining the issues in Conrail's sale, Congress most likely will consider the welfare of Conrail employees as affected by the terms and conditions of the sale. Should negotiations on labor conditions with the final bidder fail, Congress might be asked to include labor conditions as part of any legislation related to the sale of Conrail.
This report discusses the 1985 African famine situation, especially regarding U.S. emergency assistance at a time of U.S. domestic budgetary restraints, the adequacy of U.S. measures for monitoring and anticipating food emergencies, and the scale and nature of U.S. agricultural development programs intended to prevent future famines.
Women in the United States Congress
This report identifies women who have served as U.S. Senators or Representatives. It notes their party affiliation, the States they have represented, the dates of their appointment or election, the length of their service, their committee assignments, and their service in committee chairmanships.
Congressional Record: Proceedings and Debates of the 99th Congress, First Session
This report presents the proceedings and debates of the 99th Congress, first session.
Financial Deregulation: Current Status and Legislative Issues
This report reviews deregulation to date and its effects on financial markets. Current policy issues are also identified.
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Acid Rain: Does it Contribute to Forest Decline?
This minibrief describes the major hypothesis explaining why acid rain may be contributing to forest decline, along with the major arguments against this hypothesis. For additional information on acid rain and current legislation for pollutant emissions controls, see IB83016 -- Acid Rain: Current Issues, and IB83005 -- Clean Air Act: An Overview.
This report discusses questions dealing with the number of homeless Americans as well as trends in society's attitudes toward such people. The incidence of mental illness and the appropriateness, or lack thereof, of deinstitutionalization for such patients is another aspect of the problem which is covered in this packet. A CRS report gives an overview of the situation and of the Federal response.
Finance and Adjustment: The International Debt Crisis, 1982-84
This report provides an overview of the international debt problem which has significantly disturbed the international economic environment of the 1980s. It describes the characteristics of the less developed country (LDC) debt and discusses the role of major participants in the debt crisis. The study shows how the role of the participants has evolved during the crisis. Lastly, some of the issues arising from the debt crisis are discussed.
The Homeless: Overview of the Problem and the Federal Response
This report discusses the problem of homelessness in the U.S. and the resulting policy response. Unlike the skid row "derelicts" who comprised
the typical homeless population of the 1960s, today's street people represent many diverse groups including: the mentally ill, evicted families, the aged, alcoholics, drug addicts, abused spouses, abused young people, and cast-off children.
During the first session of the 98th Congress, the House passed H.R. 4325, 422-0. This measure requires States to adopt several methods of enforcing overdue child support obligations, including mandatory wage withholding; requires States to permit establishment of paternity until a child's 18th birthday; alters the incentive payment formula for child support collections; and extends the formula to collections made on behalf of non-AFDC children. The report includes background and policy analysis.
AT and T Divestiture: Restructuring the U.S. Domestic Telephone Industry
On January 8, 1982, the Justice Department and the American Telephone and Telegraph Company announced the settlement of the Government's seven year old antitrust suit against AT&T. Nineteen months later, in August 1983, U.S. District Court Judge Harold Greene gave final approval to the AT& T divestiture agreement. The breakup of AT&T will affect every aspect of the U.S. domestic telephone industry from the yellow pages to the manufacture of telephones. AT&T officially spun off its 22 local operating companies into seven regional phone companies on January 1, 1984. This Info Pack focuses on...
Medicare/Medicaid Reimbursement: Selected References
This report is a compilation of selected articles, books, and executive agency and congressional publications on Medicare and Medicaid reimbursement, primarily to health facilities and physicians.
Chronology and Brief Description of Federal Food Assistance Legislation, 1935-1983
Since 1935 when Congress first approved the donation of agricultural surplus commodities to low-income populations and school lunch programs, some 57 laws have been passed creating and revising Federal food assistance programs. This report is a chronology of these laws. It briefly describes the major provisions which have led to the network of Federal food assistance programs we know today-- the food stamp program, school lunch and breakfast programs, summer food and child care food programs, special and commodity supplemental food programs for women, infants and children (WICa nd CSFP),...
This report summarizes basic eligibility rules, as of May 1984, for more than 70 cash and non-cash programs that benefit primarily persons of limited income. It also gives funding formulas, benefit levels, and, for fiscal years 1981-1983, recipient numbers and expenditure data for each program.
Former Presidents: Pensions, Facilities, and Services
The Former Presidents Act (72 Stat. 838) of 1958 provides financial and practical means to those who have served as President of the United States and still retain certain implicit public duties. In 1958, the cost of former Presidents to the public was an estimated $64,000. In FY84, approximately $27 million will be spent on benefits to former Presidents and their widows. Operation and maintenance of Presidential Libraries was approximately $14.9 million in FY83. This report discusses increasing concerns regarding the amounts and the types of expenditures that have been made.
Ethylene Dibromide: History, Health Effects, and Policy Questions
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Compensation for Crime Victims
This report discusses the growing interest in recent years in providing compensation for the innocent victims of violent crime through programs financed by the Federal and/or State Governments. At issue have been the general propriety, desirability, and feasibility, as well as the cost, of Federal support of such programs.
Infant Formula: National Problems
This report discusses congressional concerns regarding infant formula that was deficient in a required nutrient.
The American Telephone and Telegraph Divestiture: Background, Provisions, and Restructuring
On January 1, 1984, The American Telephone and Telegraph Company (AT&T) divested itself of a major portion of its organizational structure and functions. Under the post-divestiture environment the once fully-integrated Bell System is now reorganized into the "new" AT&T and seven Ladependent regional holding companies -- American Information Technologies Corp., 3ell Atlantic Corp., 3ell-
South Corp., NYNEX Corp., Pacific Telesis Group., Southwestern Bell Corp., and
U.S. West, Inc. The following analysis provides an overview of the pre- and
post-divestiture organizational structure and...
Aspartame: An Artificial Sweetener
Since 1973 when the Food and Drug Administration first approved the artificial sweetener, aspartame, for use in food products, some researchers have raised questions about possible health effects associated with its consumption. This paper provides an overview of the regulatory history and possible health problems associated with the use of aspartame.
EDB and the Agriculture Community: A Background Discussion
EDB is being removed from major agricultural uses because of concerns about possible adverse effects on human health. Regulatory actions to remove EDB from the food system will have impacts on the agricultural community. Uses of EDB in agriculture, regulatory actions to remove EDB from the food system quickly, and possible impacts of those regulatory actions on domestic and international markets are discussed.
Heroin: Legalization for Medical Use
This report discusses the limited legalization of diacetylmorphine (heroin) for use in the medical treatment of intractable pain. The report attempts to present pros and cons on the issue as well as information on pending legislation. The report also provides a comparison of heroin's analgesic qualities to those of currently available and equivalent pharmaceutical alternatives.
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Ethylene Dibromide: Regulatory Background
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Handicapped Infants: The Final Section 504 Regulation and Legislative Proposals
This report discusses the final rule regarding handicapped infants published in the Federal register by HHS on January 12, 1984. Legislative action in response to the Infant Doe issue is also discussed.
High Interest Rates: Causes, Consequences, and Issues
This paper reviews the causes of the steep interest rate escalation since 1978 and the persistence of high rates during the recent recession and revival.
Control of Illicit Traffic in Dangerous Drugs
Suppression of illicit traffic is only one aspect of the general Federal Government effort to prevent the abuse of narcotics and other dangerous drug;, but in political significance it is undoubtedly paramount. Various approaches to the problem have been suggested and tried since the first explicitly anti-opium law was enacted in 1887.
Agriculture: Payment in Kind (PIK) Program
On January 11, 1983, President Reagan announced that the U.S. Department of Agriculture would implement a payment-in-kind (PIK) program to help reduce Government grain surpluses and to improve farm income. The materials included in this report were compiled by Congressional Research Staff for Member of Congress desirous of more information on the subject.
A Glossary of Selected Telecommunications Terms
The following glossary provides short definitions and descriptions of selected telecommunications terminology, agencies, and organizations, as well as a listing of key laws and Federal Communications Commission regulations and decisions.
Energy Efficiency Standards for Appliances: Are They Needed?
The Energy Policy and Conservation Act (EPCA! (P.L. 94-163), as amended by the National Energy Conservation Policy Act (NEPCA) (P.L. 95-619) , requires that energy efficiency standards be established for each of 13 classes of appliances that are major consumers of energy. NEPCA stipulates that such standards "be designed to achieve the maximum improvement in energy efficiency which the Secretary [of Energ'y] determines is technologically feasible and economically justified." The Department of Energy ' announced proposed standards for 8 of the 13 classes of appliances in June 1980 and...
The Divestiture of American Telephone and Telegraph Company: The Impact on Shareholders
This report analyzes the impact which the divestiture of the American Telephone and Telegraph Company (AT&T) will have on the 3.2 million holders of AT&T stock. The method of distribution and the listing and trading mechanics of the shares as well as dividend and tax information are discussed. A brief analysis of initial stock performance based on the first two weeks of trading concludes the analysis.
Immigration Issues and Legislation in the 98th Congress
This report discusses Immigration reform, which continues to be of concern in the '96th Congress, and legislation has been moving quickly. Specific issues include illegal immigration, temporary workers, legalization, asylum adjudications, and legal immigration. The legislation under consideration is the Immigration Reform and Control Act of 1983, popularly referred to as the Simpson-Mazzoli bill, introduced in the House and Senate on Feb, 17, 1983 as H.R. 1510 and S. 529.
Coordination of Federal Efforts to Control Illicit Drug Traffic
This report discusses how best to coordinate the Federal government's multi-agency efforts to curb illicit traffic in dangerous drugs has once again become an issue of major interest to the Congress. Critics of the Reagan Administration's anti-drug program contend that it lacks an overall strategy and that it suffers from the absence of a central mechanism for the formulation of general policy as well as for the broad direction of operations
Deregulation of Transportation
Transportation has been substantially deregulated over the last 5 years and there is talk of enacting legislation during the 98th Congress to further deregulate transportation or to restore some of the regulation that recent legislation has removed. This mini brief gives an overview of the deregulation already enacted into law, and some of the ideas being considered for further legislation. The brief also refers to some sources for further reading.
Federal involvement in the education of the handicapped increased significantly with the enactment of the Education for All Handicapped Children Act of 1975 (P.L. 94-142) in the 94th Congress. This legislation amended the provisions for State assistance under Part B of the Education of the Handicapped Act (EHA, P.L. 91-230, title VI, as amended) to require that a "free appropriate public education" be available for all handicapped children age 3 through 21 by September 1980. P.L. 94-142 authorized increased Federal financial assistance along with new requirements for participating State...
Dioxin: Environmental Impacts and Potential Human Health Effects
This issue brief presents a short background on the physical/chemical properties of dioxin, describes several existing sources of possible human exposure, and highlights what is currently known about its environmental impacts and human health effects. Congressional interest is intense at this time because of large numbers of Vietnam veterans' claims for benefits associated with use of herbicides in that war as well as because of certain incidents of potential significance to health involving disposal of wastes containing dioxin.
Crime Control: Administration and Congressional Initiatives
The Reagan Administration announced its major crime Control proposals in 1981, shortly after the final report from the Attorney General's Task Force on Violent Crimes, and reiterated support for significant changes in Crime control legislation in 1983. Congressional initiatives and modifications of those proposals continue interest and controversy in crime control matters in the 98th Congress.
Article Packet: Background Information on Seatbelts in School Buses
This notice from the Department of Transportation, denies a petition for rule-making filed by Physicians for Automotive Safety (PAS), asking this agency to mandate the installation of seat belts on all school buses. NHTSA believes that the currently mandated occupant protections in school buses provide an adequate level of safety protection, and that seat belts would not raise the level of protection for the occupants unless States and local jurisdictions were willing to take steps to ensure that the seat belts were actually used.
Cost Overruns in Major Weapon Systems: Current Dimensions of a Longstanding Problem
This paper reviews the initiatives of the Reagan Administration to control cost overruns during the last 2 and a half years and the actions taken by the Congress to strengthen its oversight role. Particular attention is directed at the critical need to enhance management incentive and accountability at all level of the acquisition process. If recently instituted reform in the Department of Defense fail to control cost overruns, pressure may grow for a more sweeping and radical approach. Serious consideration in such an event might even be given to removing responsibility for weapons...
This report discusses the Federal Trade Commission's (FTC) used car rule, which aims to prevent and discourage oral misrepresentations and deceptive omissions of material facts by those selling used cars concerning warranty coverage and mechanical condition.
Yellow Rain and Related Issues: Implications for the United States
The United States has charged that the Soviet Union is implicated in the use of chemical weapons in Afghanistan and of chemical and toxin weapons, including the toxin known as "Yellow Rain," in Laos and Kampuchea (Cambodia). These charges raise two significant sets of issues: First, issues surrounding the evidence that has been presented to show: (a) that such weapons have been used and (b) that the Soviet Union is implicated in this use. Second, issues connected with the implications of Soviet involvement, if proven, in chemical and toxin warfare.
The Reagan Administration has proposed legislation which would seek to use trade and aid to promote political stability and economic growth in the Caribbean Basin region. Among other things, it would create a one-way free trade zone, where the small nations of the region would have an opportunity for export-led growth through duty-free access to the U.S. market. It would also provide $350 million in economic aid for 1982 to El Salvador and other Caribbean countries.
Merit Pay for Elementary and Secondary School Teachers: Background Discussion and Analysis of Issues
Black and Hispanic Federal Judges: 1900 to Present
This report shows that in recent years, attention has increasingly focused upon the minority composition of the Federal judiciary, in apparent response to concerns that judges appointed to the Federal bench should more compositely reflect the U.S. population they serve. Two of the larger U.S. subpopulations served by the Federal judiciary are blacks and Hispanics. Accordingly, this mini brief lists chronologically and cumulatively the appointments of blacks and Hispanics to the Federal bench, which includes the U.S.Supreme Court, Circuit Courts of Appeals, and District courts.
Women in the United States Congress
This report identifies women who have served as Senators or as Members of the House of Representatives. It notes their party affiliation, the States they have represented, the dates of their appointment or election, the length of their service, their committee assignments, and their service in committee chairmanships.
The General Motors-Toyota Joint Venture and Its Competitive Implications
This report reviews the economics of joint ventures by focusing on their implication for market competition. It also reviews the legislative history of mergers and joint ventures with special emphasis on aspects of the law that are directed at reducing market concentration.
Common Legal Questions and Answers Concerning Currency, Legal Tender and Money
This report answers common legal questions relating to currency, legal tender, and money.
Individual Retirement Accounts (IRAs)
Recent changes in the Nation's tax laws have made Individual Retirement Accounts available to many people previously excluded. This report provides general information on IRAs including material explaining these recent changes and their consequences.
This report compares the actual tax revenues and distribution of the tax burden under the Federal individual income tax from 1971 to 1981 with estimates of what they would have been under the 1971 tax structure if indexed for inflation and under the 1971 tax structure if left unchanged. Policy implications of the comparison are discussed.
Drunk Driving and Raising the Drinking Age
This brief report is prepared in response to numerous requests for information on the related issues of drunk driving and raising the drinking age.
Worker Relocation Assistance: Moving People to Jobs
One characteristic of the dislocated worker problem is that a mismatch
exists between the number and kinds of jobs offered by employers and the number and kinds of skills possessed by workers in the same geographic area. At the same time, other geographic areas have unfilled job openings and relatively low unemployment rates. Government-assisted worker relocation is one tool of employment policy that might be used to reduce these regional imbalances in labor supply and demand. This report describes the U.S. experience with both unassisted and Government-assisted worker relocation. It...
This report traces the progress of proposals to expand the right to vote to citizens between the ages of 18 and 21, culminating in the ratification of the 26th Amendment to the Constitution of the United States in 1971. It also reviews the voting rates of the newly enfranchised age group and compares them to voting rates of other age groups.
This report provides background and current analysis of the Japan--U.S. trade situation, discusses the political and economic tensions which this imbalance has created, and outlines the problems involved in several current negotiations, such as the question of trade barriers to U.S. agricultural exports.
On August 5, 1983, President Reagan signed Public Law 98-67, which provides duty-free entry into the United States for certain Caribbean exports and allows U.S. business people to take tax deductions for the expense of attending conventions in the Caribbean region.
Antisatellites (Killer Satellites)
This issue brief discusses "killer satellites," the unofficial moniker for antisatellite (ASAT) missiles possessed by the Soviet Union in the 1970s and 1980s, as well as U.S. efforts to develop ASAT systems and simultaneously limit their development and use.
Congress passed legislation late in 1982 that is expected to have a significant effect on the annual net earnings of independent truckers. About 90 percent of fresh produce, most used household goods, and from one-third to one-half of all fabricated steel and other commodities transported by truck are hauled by independent truckers. The legislation raised the Federal fuel tax by 5 cents per gallon and significantly raised a highway use tax that is based on the weight of the vehicle. The legislation also allowed truckers to use two trailers, longer and wider vehicles, and carry...
Federal Real Property: Inventory and Disposal Initiatives
This report provides background and discusses the inventory and disposal of public lands and other Federal property. For many years the Federal Government has operated under a statutory policy of retaining public domain lands and has disposed of the proceeds from the sale of surplus property other than by the reduction of the national debt. Under the present system, the Government disposes of some types of land when it is determined to be surplus to Government needs, or, in the case of public lands, when it is determined that the national interest would best be served by the sale or...
This report provides an overview of the dimensions of the problem of rising expenditures for hospital care, the reasons for rising hospital costs, general information on methods of controlling hospital costs and specific programs which have been developed, and some of the issues involved.
This report discusses legislative issues regarding food stamp appropriations. Authorization for food stamp appropriations was to have expired at the end of FY82; in addition, the FY83-85 budget resolution assumed substantial savings in food stamps. As a result, and with the potential of an FY82 food stamp funding shortfall averted by the appropriation of a $1 billion supplemental, Congress acted to reauthorize appropriations and limit program costs in the 1982 budget reconciliation process.
Job Training Programs: Reauthorization and Funding Issues
This paper is divided into the following sections: (1) History of Federal Employment and Training Programs; (2) Reauthorization Issues; (3) Administration Legislative and Budget Proposals; and (4) Congressional Action.
Inflation, high and variable interest rates, and new electronic technology have had a profound impact on financial institutions throughout the world. This report surveys how the various kinds of financial institutions in the United States have been affected by these developments, how they have reacted, what major legislative action has been taken, and what policy issues remain.
This report discusses trade relations between the U.S. and Japan. Commercial aspects of the United States-Japan alliance, in recent years, have begun to dominate the dialogue between the two nations. In particular, friction points have developed over chronic U.S. bilateral trade deficits with Japan, allegations of Japanese protectionism, and rapid incursions into U.S. markets by Japanese export products.
The question of a salary increase for Members of Congress was considered by both Houses numerous times during the 97th Congress. The issue was last considered during December in the FY83 Further Continuing Appropriations. As sent to the President, the measure provided for a 15% pay increase for Members of the House of Representatives and other senior Federal officials, but not for Senators. The resolution was signed into law by the President on Dec. 21, 1982. Previously, in September, Congress approved a pay cap through Dec. 17, 1982 for Members and other senior Federal officials.
This is an annotated guide to publications and other sources of information useful to Members of Congress and their staffs, covering congressional office management, the organization and operation of Congress, legislative responsibilities, services to constituents, and other duties of Congress.
Casework in a Congressional Office
This paper presents a general overview of congressional office procedures associated with handling casework, and the assistance provided by a Member of Congress to help constituents in their dealings with Federal agencies. It discusses options for assisting Member's constituents, and the role of staff and Members in providing casework services.
Health Insurance: The Pro-Competition Proposals
For more than a decade, Congress and the Executive Branch have tried to stem spiraling health care costs through various regulatory actions at the Federal and State levels. Planning laws, for example, focus regulatory attention on the capacity of the health care industry to provide health services. Other laws have created programs to monitor and control the use of services provided to individual patients. Direct wage and price controls were applied to the health industry in the early 1970's and in recent years Congress has debated whether to impose controls over hospital spending in the...
Congressional Veto Legislation: 97th Congress
This report has two purposes: first, to describe briefly the main features of each kind of congressional veto procedure, and second, to list under appropriated categories all such provisions submitted in the current Congress that have been located.
Human Rights and U.S. Foreign Policy
Following a review of such broad policy issues, this report treats specific human rights issues of current interest. Discussions of controversy over the selection of an Assistant Secretary of State for Human Rights and Humanitarian Affairs and of human rights policy at the international financial institutions are followed by reviews of U.S. human rights policy toward Argentina, El Salvador, Nicaragua, South Africa, and the Soviet Union.
Individual Retirement Accounts (IRAs): Tax Incentives for Retirement Savings
This report discusses Individual Retirement Arrangements (IRA) and their tax incentives. Many workers covered by employer-sponsored retirement plans do not work long enough with one employer to be entitled to a pension. Others may be covered by a profit-sharing plan to which the employer may have little or no profits to contribute. Since these individuals were "covered" by a retirement plan, they were ineligible to make tax-deductible contributions to a tax-sheltered Individual Retirement Arrangement (IRA). Many observers considered this a tax inequity and felt that all employees should be...
Information Services for Agriculture: The Role of Technology
Significant improvements in technology-supported information services have created opportunities for their utilization by the farmers and ranchers of our Nation. This report highlights the development and expanded offering of these systems, describes current operational and experimental systems, and presents salient legislative initiatives which address this priority area.
Energy and the 97th Congress: Overview
During his campaign, President Reagan called for a major shift in this country's energy policy. In particular, the President emphasized the need for more domestic production of energy and reliance on market forces to produce and distribute energy products. Now in office, the new Administration is employing executive, administrative, and legislative methods to implement these changes.
Congressional Veto of Executive Actions
Statutory provisions by which Congress authorizes a Federal program to be administered by the Executive but retains the legal authority to disapprove all or part of the program before final implementation have become increasingly frequent in recent years. These statutory provisions which subject a variety of proposed executive actions to congressional review are commonly known as "congressional veto" devices.
Foreign Investment in U.S. Industry
Although the total amount of foreign direct investment (FDI) in the U.S. is small relative to U.S. direct investment abroad, it is growing rapidly and may have a large effect on some industries and geographic areas of the U.S. The two main issues raised by FDI in the U.S. are first, shall Congress require more extensive data collection efforts than are already underway, and second, should laws be enacted to limit foreign direct investment in the U.S. These two issues turn in substantial measure on whether the benefits of additional data collection and/or restrictions on FDI in the U.S....
Electoral Votes by State: Changes Resulting from the 1980 Census
This report presents a chart and a U.S. map describing the electoral votes by state and the changes resulted from the 1980 census.
How the Food Stamp Program Works
This report briefly describes the present operation of the Food Stamp program, reflecting legislative revisions through 1982.
The Child Support Enforcement Program
This report provides summary information on the child support enforcement program, established under title IV-D of the Social Security Act. It includes basic program statistics and a description of the administrative structure and major characteristics of the program.
Balancing the Budget and Limiting Federal Spending: A Selected Bibliography
This selected bibliography lists articles and books on various issues concerning legislation to limit Federal spending and proposed constitutional amendments requiring a balanced budget, especially economic issues. The bibliography focuses mainly on literature of recent years.
Bankruptcy and Business Failure Data
The purpose of this report is to provide statistical data on the actual number of businesses that are filing for bankruptcy or ceasing operations. Tabular data of both a historical and current nature concerning business failures and bankruptcies is provided.
This report provides basic firearms-related issues and a summary of legislative action.
Leasing of Energy and Mineral Resources on Federal Lands
This report discusses the leasing of energy and mineral resources on federal lands. Leasing of energy minerals has been an issue of varying intensity for most of the past century, as oil, gas, and coal became indispensable commodities in both U.S. and world commerce.
A Comparison of Benefits Earned Under Social Security and Civil Service Retirement
This report provides a brief side-by-side comparison of Civil Service Retirement and Social Security benefits.
Enterprise Zones: The Urban Jobs and Enterprise Zone Act of 1981
"Enterprise zones” as a concept originated in England in the late 1970s. The idea is to free specified urban areas of taxes and Government regulations to encourage private business investment and create new jobs. There is little in the way of direct empirical evidence to indicate whether and how such an approach would work. There is considerable interest in the concept, however, since other Federal urban assistance programs (such as Urban Renewal in the 1950s, Model Cities in the 1960s, and Urban Development Action Grant more recently -- since 1978) have not produced in sufficient amount...
The Insanity Defense: An Overview and Legislative Proposals
This report will discuss the insanity defense as used in the federal courts. It will briefly trace the history of the evolution of that defense from its earliest formulation to the version used in the John Hinckley case, and will provide, in summary form, descriptive analysis of various pieces of Legislation to change federal law with regard to the substantive definition of the defense, the allocation of the burden of persuasion when the defense is invoked, and procedures following the successful use of the defense.
Equal Rights Amendment (Proposed)
The proposed Equal Rights Amendment to the U.S. Constitution was first introduced in 1923, and was passed by the Congress in 1972. In 1978, Congress extended the original deadline for ratification of the ERA. Thus, if it receives approval in the form of ratification by 38 States before June 30, 1982, the measure will become the 27th Amendment to the Constitution, and will require equal treatment under Federal and State laws and practices for all persons, regardless of sex.
Copyright Law: Legalizing Home Taping of Audio and Video Recordings
Various Members of Congress have proposed amendments to the Copyright Act that would provide a blanket exemption for noncommercial home audio and video off-air recording. The major thrust of the copyright owners' opposing position is if you cannot protect what you own, or at least receive some compensation for its use, you own nothing. This is countered by those who feel the purpose of the copyright law is to promote broad public availability of artistic products and when the copyright owners decide to use the distribution mechanism of the public airwaves, they have to accept the premises...
Busing for School Desegregation
The mandatory transportation of school children to desegregate public elementary and secondary schools is an issue of deep contention throughout our society. The House of Representatives has approved language for the Department of Justice FY82 authorization bill (H.R. 3462) restricting the Department's involvement in actions requiring school busing. On Mar. 2, 1962, t h e Senate approved the version of the Department of Justice F Y 8 2 authorization Bill (S. 951) with language restricting the Justice Department's involvement in busing actions as well as imposing limits on the busing plans...
Monetary Policy: Recent Changes and Current Conditions
This report summarizes the current status of monetary conditions and policy. The report also describes the process though which Congress oversees monetary policy, the recent changes in the financial system which affect monetary policy, and the October 1979 changes in Federal Reserve operating procedures.
Agent Orange: Veterans' Complaints Concerning Exposure to Herbicides in South Vietnam
From 1962 to 1971, the United States Air Force (USAF) sprayed various herbicide mixtures (chemicals that kill plants) in South Vietnam. The purpose of the spraying was to defoliate jungle growth to deprive the Communist forces of ground cover, and to destroy enemy crops to restrict food supplies. The most extensively used of these herbicide mixtures was known as Agent Orange, a 50:50 mix of two common herbicides called 1,4,5-T and 2,4-D (2,4,5-trichlorophenoxyacetic acid and 2,4-dichlorophenoxyacetic acid). The third chemical present in the mixture in small amounts was TCDD, an inevitable...
In recent months there has been a growing congressional interest in the advantages and disadvantages of revamping our current tax system for a flat-rate tax method. Supporters of the new proposal argue that such a plan would promote productivity, simplify present IRS tax forms, save the public billions of dollars that presently go to tax-preparation professionals, and enhance Federal revenue by closing numerous tax loopholes and special deductions that are now enjoyed by relatively few. Opponents believe, however, that the tax burden under a flat-rate plan might fall more heavily upon the...
Automobile Domestic Content Requirements
In response to the lowest drop of American produced automobile sales in two decades and other related conditions, legislation has been introduced that would impose domestic (local) content ratios for automotive vehicles. These would require that cars and trucks sold in the United States in large quantities contain a certain percentage of American parts and labor.
Federal and State Authority to Regulate Radioactive Waste Disposal and Transportation
There appears to be a growing controversy concerning whether a state has the authority to prevent the federal government from disposing of nuclear wastes within it and transporting nuclear wastes through it. Several states have statutes purporting to veto the federal government's action in these areas. This report investigates whether these state statutes may be unconstitutional and preempted by federal statutes and regulations.
The enclosed material discusses the concept of urban enterprise zones, outlines the administration's proposals for the zones, and includes the major arguments for and against their creation. Because of considerable congressional interest in the enterprise zone concept, we have included a comparison of the major bills relating to enterprise zones introduced in the 97th Congress along with a bibliography for those who desire to research the subject in greater detail.
Examining the Monetary Causes of the Economic Slowdown
This issue brief investigates the effects of changes in money supply growth on the current economic conditions. The results presented are based upon a statistical methodology outlined in a CRS report (No.82-43E, March 1982) of the same title. The approach may be distinguished from most previous work along these lines in that it attempts to estimate the statistical significance of the 1979-82 deceleration in monetary growth. The resulting estimates are then employed in analyzing the timing implications of decelerating monetary growth for episodes of high and volatile interest rates, for...
Japan's International Trade Patterns, Institutions, and Policies
This report presents an overview of Japan's performance in its trading relations. The report begins with a discussion of the development, size, and importance of Japan's international trading sector. It then examines the composition, institutions, and policies for trade. This is followed by a review of Japan's balance of payments, capital flows, value of the yen, and direction of trade.
Civil Defense and the Effects of Nuclear War
This Info Pack contains material on nuclear weapons and on the anticipated physical, economic, and social consequences of nuclear attacks on the United States, basic information on the civil defense program, and material discussing some of the arguments, pro and con, surrounding the civil defense issues.
The Immigration and Nationality Act: Questions and Answers
The basic United States law governing immigration and naturalization is contained in the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1101 -- et seq.). This report provides questions and answers to explain the way in which the Immigration and Nationality Act as amended through 1981 regulates the entry of aliens for permanent and temporary residence in the United States, and other major provisions of the law. Emphasis is placed on subjects which have been of particular interest to the Congress in recent years. This supersedes CRS Report No. 81-65 EPW.
Health Maintenance Organizations
This report discusses the "health maintenance organization", which is an entity that provides specific health services to its members for a prepaid, fixed payment.
The Availability of Nonfuel Minerals on Federal Lands: Background on the Issue
The following report reviews the laws and practices that govern the extraction of non-fuel minerals from federal lands, and the restrict ions against such extract ions. Moreover, the federal land management agencies that regulate such activities are identified, and their responsibilities discussed.
Grants Work in a Congressional Office
Congressional offices are often approached by constituents seeking funds for proposals of potential benefit to their State or district. This report discusses the grants process and varying approaches and techniques congressional offices have developed in dealing with grants requests.
The Crude Oil Windfall Profit Tax Act: Context and Content
Debate over natural gas pricing has included the consideration of a windfall profit tax, with the oil windfall profit tax as a possible guide to what might be levied on natural gas at the wellhead. This report reviews the issues surrounding the enactment of the crude oil windfall profit tax, spells out its provisions, and provides data on the revenues collected and anticipated.
MX Intercontinental Ballistic Missile Program
This report discusses the MX Intercontinental Ballistic Missile (ICBM),which is designed to be the most lethal strategic ballistic missile in the world. The missile was developed by the U.S. Air Force to augment the capabilities of the presently deployed ICBM force, which together with Submarine Launched Ballistic Missiles (SLBMs) and manned strategic bomber aircraft form the triad of U.S. strategic nuclear offensive forces.
Human Rights in U.S. Foreign Relations: Six Key Questions in the Continuing Policy Debate
This report provides background information and a general overview of the role of human rights in U.S. foreign policy. It includes a discussion of some traditional arguments about how international human rights concerns might be integrated with other foreign policy factors. It also includes a discussion of the definition of human rights, of U.S. international obligations
to promote human rights, and the apparatus and procedures available to the U.S. Government for implementing human rights policy. Particular attention is paid to congressional actions, not only in debating and holding...
Corporate Mergers Through Tender Offers: Measurement and Public Policy Considerations
This report provides a perspective on the role of tender offers in corporate mergers and acquisitions and on the nature of financing used to carry them out. Analyzing SEC data on corporate takeovers, it classifies by industry those firms for which tender offers were made in 1979 and 1980 and examines the sources of funds used in these acquisition bids. Comparing SEC data with information compiled by FTC and others, it assesses the importance of tender offers in overall merger and acquisition activity. The report focuses mainly on domestic mergers, but foreign takeovers of U.S. companies...
In 1979, a time of clear downturn in U.S.-Soviet relations over such sensitive issues as SALT, Soviet troops in Cuba, and the Soviet invasion of Afghanistan, the Carter Administration moved ahead with a series of measures designed to improve relations with Moscow's major adversary in Asia, the Peoples Republic of China (P.R.C.). The purpose of this report is to provide background for and summarize current developments in U.S. - People’s Republic of China (PRC) relations, including current and pending congressional actions involving the PRC.
The improved political relationship between the United States and the People's Republic of China (P.R.C.), initiated by the Nixon Administration and furthered by the Carter Administration's decision to establish diplomatic relations, has spurred a rapid increase in Sino-U.S. trade. While still small relative to overall U.S. foreign trade, the volume of trade represents an abrupt shift from the no-trade policy that had been pursued since 1950. Despite the rapid expansion, outstanding issues remain as serious barriers to normalized trade. Resolution of those issues may require concession or...
The MX Basing Debate: The Reagan Plan and Alternatives
This report discusses the Reagan MX basing plan, and the FY82 Defense authorization bill.
Biotechnology: Commercialization of Academic Research
This report provides an overview of the commercialization of academic research h in the field of biotechnology. It offers a brief definition, background and policy analysis, as well as legislation and hearings regarding the topic.
Abortion: Judicial and Legislative Control
In 1973 the U.S. Supreme Court held that the Constitution protects a
woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder...
Magnetohydrodynamic (MHD) Power Generation: More Energy from Less Fuel
This report discusses magnetohydrodynamic (MHD) power generation, which is a method for converting heat directly into electrical energy without the use of a rotating electrical power generator.
Assessing the Options for Preserving ICBM Survivability
The decision on how to redress the perceived vulnerability of U.S. intercontinental ballistic missiles (ICBMS) is the most controversial strategic nuclear weapon decision now facing the 97th Congress. A full-scale debate on this issue, especially as regards MX missile basing, seems certain. To assist Members of Congress in the debate, this paper discusses nine proposals for treating ICBM survivability: Recognize that ICBMs are invulnerable, rely only on bombers and submarines for deterrence, deploy a large or scaled-down shell-game multiple shelter system, defend MX with anti ballistic...
This report includes the material on block grants, including a CRS Report on the Omnibus Reconciliation Act of 1981, several articles, and a guide to State block grant implementation. For additional information and assistance, we have also included addresses of people to contact on the Federal (p. 59) and State levels (p. 70-104).
Congressional Staffing: A Selected Annotated Bibliography
This bibliography provides the reader an overview of the growth, development, responsibilities, and duties of personal staffs of Senators and Representatives and the staffs of congressional committees, as seen and studied by academicians, journalists, former Members of the House and Senate, and former staff members.
An Economic Analysis and Brief Legislative Overview of Usury Ceilings
This report gives an economic analysis of usury ceilings, laws which set the maximum legal rate of interest to be charged on particular types of loans. It provides a brief overview of recent Federal l e g i s l a t i o n dealing with usury, with special emphasis on the Federal authorities mandated by P.L. 96-221, and the effectiveness of Federal preemption of State usury laws.
Bomber Options for Replacing B52s
One of the main issues discussed in this report is the replacement of the B-52 bombers, due to the fact that many believe that by 1990, the B-52's vulnerability to improving Soviet air defenses will imperil its effectiveness as a penetrating bomber.
Data on the National Debt, 1955-1980
This report consolidates various data on the national debt; it presents changes and comparisons of the debt for the years 1955 to 1980. The report also contains information on the public debt limit, the ownership of the public debt, and the debt owed by several sectors of the economy.
Increased U.S. Military Sales to China: Arguments and Alternatives
The report examines the current debate in the United States over proposals for increased U.S. military sales to China. The study first examines the background of U.S.-China security ties since the Nixon Administration, and then sets forth the parameters of the current debate by noting a number of issues concerning U.S. military transfers to China on which all sides generally agree. It shows that Americans familiar with the issue tend to identify with different groups of opinion or "schools of thought" on the question of U.S. military transfers to China, and provides a detailed...
Closing a Congressional Office: A Brief Overview
This paper sets forth questions that a congressional office needs to consider in the process of closing down. These include statutory and non-statutory matters such as staff, the franking privilege, retirement benefits for Members and staff, allowances, and the disposition of congressional papers, and other office items.
A Functional Analysis of Congressional Member Office Operations
This report presents a general analysis of personal staff functions in a congressional office. Because there is little specific information from Congress and other sources regarding staff job descriptions and because congressional office organization patterns very significantly, this report focuses on the staff functions that are common to all offices regardless of organizational structure or job title: office management; mail; projects; casework; legislation; schedulng and personal services; press and public relations; and political functions.
Busing for School Desegregation: The Debate on Selected Issues
This paper explores selected questions involving the busing of elementary and secondary school students for desegregation. On each of the selected questions a general analysis of the issue involved is presented, followed by two subsections entitled A Critic's Position and An Advocate's Position. In these subsections, an attempt is made to show how a critic of busing for desegregation and an advocate of such busing might fashion arguments on this issue in opposition to, or in support of, busing.
Chemical Warfare: A Primer on Agents, Munitions, and Defensive Measures
The recent Department of Defense proposal to develop a capability to modernize and expand the current U.S. chemical warfare munition stocks with binary nerve agent munitions has focused attention on the subject of chemical warfare. This paper provides a brief introductory discussion of modern chemical warfare, describing the types of agents, delivery methods, and defense against chemical agents. It does not discuss policy, strategy, tactics, or disarmament aspects of chemical warfare. These issues w i l l be covered i n CRS Issue Brief IB 8l08l .
Balanced Budget and Spending Limitations: Proposed Constitutional Amendments in the 97th Congress
Expenditures and revenue limitation proposals link Federal spending and taxation to some measure of economic performance, such as the rate of economic growth or percentage levels of GNP or national income. The report presents this issue brief reviews, the various approaches to balance the budget and to impose spending limitations offered as constitutional amendments’ in the 97 congress.
"Enterprise zones" as a concept originated in England in the late 1970s. The idea is to free certain specified urban areas of taxes and government regulations to encourage private business investment and create new jobs. Empirical evidence to support the concept is lacking. This paper contains a discussion of the concept of enterprise zones, without reference to any legislative proposals in the United States. Analyses of legislation will appear as prime sponsors introduce new bills.
This report discusses the methods to achieve effective accountability form lobbyists groups and individuals who seek to influence the governmental decision-making process.
A Summary of Prevailing Views on the Sources of Inflation
It is the purpose of this paper to present the range of viewpoints concerning the causes of inflation. Inflation is defined and distinguished from changes' in relative prices. The Monetarist, Post-Keynesian, and neo-Keynesian positions are discussed to illustrate the variety of perceptions as to the sources of sustained increases in the general price level.
Federal Reserve Membership and Monetary Control
This report discusses the current state of monetary policy. Questions about the continued capability of the Federal Reserve System (FRS) to exercise effective monetary control were raised in connection with several developments over recent years that diminished, in relative terms, the deposit component of the stock of money over which the FRS maintained reserve requirement controls. The Monetary Control Act, Title 1 of P.L. 96-221 was designed to ensure that the FRS as ability to conduct monetary policy is not diminished. This Act, signed into law on Mar. 31, 1980, is one of the few...
A Brief History of U.S. Immigration Policy
U.S. immigration policy has been shaped not only by the perceived needs of this country, but by the needs and aspirations of the immigrants themselves. This report reviews the major streams of immigration to the United States in the context of the country's changing views of immigration.
After two generations of almost unchallenged supremacy, the U.S. auto industry has recently faced plummeting sales, rising competition from imports, and mounting requirements for capital investment and structural change. This has resulted in massive spilling of red ink in the industry's profit and loss columns, further financial pressures on the ailing Chrysler Corporation, layoffs of nearly 250,000 workers (as of August 4, 1980 in the automotive industry alone according to the United Auto Workers Union) and soaring claims for unemployment compensation and trade adjustment...
This report analyzes the economic structure of both the conventional commercial television broadcasting industry as well as the significant commercial competitive alternatives. Federal Communications Commission policies and their effect on the competitive structure and development of the television industry are also discussed.
High Interest Rates: Causes and Effects
This report describes the major market and policy forces that determine the general level of interest rates. The discussion is related to the recent economic experience of high interest rates and inflation, but may be generally applied to any economic environment.
Foreign Ownership of Property in the United States: Federal and State Restrictions
This report examines various legal issues raised by Federal and State laws restricting foreign ownership in U. S. property. The report examines the constitutional barriers to Federal and State laws restricting such ownership, and the possible constitutional predicates for Federal legislation regulating foreign ownership of property in the united States. The impact of treaties to which the United States is a party on both Federal and State restrictions on the rights of foreign persons to own U.S. property is also discussed.
Afghanistan: Soviet Invasion and U.S. Response
The Soviet invasion of Afghanistan has raised a number of serious issues and choices for the United States. The train of events seem likely to have an important influence on overall American foreign policy in the 1980s. Reassessment of Soviet motives and of U.S. roles in the world are already in progress. Emerging American attitudes, in turn, will shape more specific policy decisions on several issues, which this issue brief discusses.
Automobiles Imported from Japan
In recent years, U.S. automotive imports from Japan have seen an increasing at an unusually rapid pace. Congress is considering measures that alleviate the situation and in June 1980 concurrently resolved to promote the competitiveness of U.S. industry in world automobile and truck markets. As a result of the restraint agreement, automobile imports from Japan dropped from 1.99 million units in 1980 to 1.91 million units in 1981 (calendar year).
The Consumer Price Index: An Overview
The consumer price index is probably the most widely used measure of inflation. Changes i n the index affect the incomes of a substantial portion of the U.S. population. This report provides background information on the history and concepts of the index. In addition, several factors which may produce biases in the index are analyzed. The objective is to provide an introduction to the CPI f o r the policy maker who wishes to acquire a working knowledge of the concept as an aid in examining economic policy alternatives.
A Concise History of the Food Stamp Program
The Food Stamp Program has undergone a number of major changes since its modern version was established in 1961. It is now one of the largest "welfare" programs and provides an income supplement to the food-purchasing power of more than 18 million persons each month, at a cost of nearly $7 billion annually. This report traces the history of the program from 1961 through 1979, with an emphasis on how program rules, philosophy, participation, and costs have changed over the years.
A Concise History of the Food Stamp Program
The Food Stamp Program has undergone a number of major changes since its modern version was established in 1961. It is now one of the largest "welfare" programs and provides an income supplement to the food-purchasing power of more than 18 million persons each month, at a cost of nearly $7 billion annually. This report traces the history of the program from 1961 through 1979,
with an emphasis on how program rules, philosophy, participation, and costs have changed over the years.
Actions of the Congress and the Federal Government on Smoking and Health
This paper is a history of actions taken by the U.S. Congress and by the various departments and regulatory agencies of the Federal Government on the subject of smoking and health for the period from the mid-1950s to the end of the 95th Congress in 1978.
Congressional Action to Overturn Agency Rules: Alternatives to the "Legislative Veto"
Congress has available a variety of statutory and non-statutory techniques, other than the "legislative veto," that have been used to overturn Federal agency rules, prevent their enforcement, limit their impact, or hinder their promulgation. This survey of the different statutory instruments of congressional control—direct overturn of rules, modification of agency jurisdiction, limitations in authorizing and appropriating statutes, requiring inter-agency consultation, and advance notification to the Congress—discusses a variety of mechanisms that vary in their use and their specificity,...
The American Electoral College: Origins, Development, Proposals for Reform or Abolition
This report is a comprehensive annotated bibliography of substantive books, monographs, articles, and documents treating the origins, evolution, and current operational characteristics of the U.S. electoral college system, as well as proposals for its reform or abolition. An explanatory introduction is provided for readers unfamiliar with the issue.
This report discusses several court decisions regarding the constitutionality of the withdrawal of all Federal Court Jurisdiction over questions involving state-sponsored prayer in Public Schools and Public Buildings.
Legislation to Limit Federal Expenditures: Past and Present
This report examines the history of legislation to limit Federal spending through the 94th Congress, and summarizes in detail the record of the 95th Congress on such bills and amendments.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared,...
Child Abuse: History, Legislation and Issues
This report discusses child abuse legislation in United States, child abuse prevention and treatment, incidence of child abuse and neglect. The report provides a summary of major legislation in the 1st session of the 95th congress.
This report discusses the background information and most recent development in U.S.-China relations since mid-1996. The relations also have been marred by continuing allegations of Chinese espionage, ongoing controversy over human rights, charges that China continues to violate its non-proliferation commitments, controversy over the accidental NATO bombing of the Chinese Embassy in Belgrade, and renewed tensions over Taiwan. The report describes current issues in U.S.-China relations such as; Human Rights Issues, Issues in U.S.-China Security Relations, Economic Issues, and Sovereignty...
The 1970 Acts require the executive branch to submit the reports on the further development of urban growth policy, the location of Federal facilities, acceleration of the availability of government services and financial assistance (among other subjects) in support of rural community development. This report should assist in the evaluation of these submissions received from the President and executive departments and agencies. The report's basic purpose is to place individual legislative actions in the larger context of interrelated national urban and rural development objectives set...